N.J. Admin. Code § 7:14A-20.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-20.7 - Land application

(a) In addition to the information required in N.J.A.C. 7:14A-4 and 20.6, an applicant for a NJPDES permit to prepare residual for land application shall submit the following:

1. Information on the characteristics of the residual proposed to be applied, and information on the characteristics of all residual additives, to the extent known at the time that the permit application is submitted, including, but not limited to:

i. The origin and volume of the residual and residual additives;

ii. A dated analysis of the residual and residual additives on a mg/kg dry weight basis (or other unit as specified) for the following constituents:

Total solids (percent by weight)

pH (standard units)

Total Kjeldahl nitrogen

Ammonia-nitrogen

Nitrate-nitrogen

Calcium

Potassium

Phosphorus

Water extractable phosphorus (WEP)

Arsenic

Cadmium

Copper

Lead

Mercury

Molybdenum

Nickel

Selenium

Zinc

Radium 226 (pCi/g)

Radium 228 (pCi/g)

iii. A summary of all data generated pursuant to the Sludge Quality Assurance Regulations (SQAR), N.J.A.C. 7:14C, for the previous 12-month period;

iv. Additional quality analyses (including characteristics pursuant to N.J.A.C. 7:26G) as may be deemed necessary by the Department through evaluation of past SQAR reports or other relevant information, such as information on the characteristics of all residual additives or on industrial discharges that might contribute constituents not normally evaluated under the SQAR program or that may exceed levels identified in USEPA's Technical Support Document for Land Application of Sewage Sludge, EPA 822/R-93-001a and 001b, November 1992.

2. Where the sources of residual to be land applied are not known at the time of permit application, requests for approval to land apply residual shall be submitted in accordance with 7:14A-20.11.

3. For bulk residual that is not of exceptional quality, requests for approval to land apply residual shall be submitted in accordance with the following:

i. For each residual land application site identified at the time of permit application, the applicant shall include in the permit application an application for a Letter of Land Application Management Approval (LLAMA) and, in accordance with the applicable NJPDES Permit Technical Manual, supply information necessary to determine if the site is appropriate for land application and a description of how the site is or will be managed, including, but not limited to, the following:

(1) A residual land application site evaluation that includes, at a minimum, a description of easements, distances to surface water, distances to drinking water wells, distances to occupied dwellings, local transportation patterns, depth to ground water, depth to bedrock, slope, soil drainage class, pH, flooding, site soil texture and parent geologic material, the design and location of any existing or proposed residual storage installations, fields where residual is proposed to be applied (with the acreages identified), and proposed buffer zones;

(2) A written analysis of operational considerations including, at a minimum, crop type, crop end use, residual application methods, whole residual application rates and seasonal limitations;

(3) An original or clear copy of the appropriate Soil Conservation Service Soil Survey Map showing the residual land application site;

(4) An original or clear copy of a 1:24,000 scale (7.5 minute Quadrangle) United States Geological Survey Topographic Map showing the location of the residual land application site and indicating the sheet name from which the map portion was taken;

(5) An original or clear copy of the municipal tax map showing the location of the residual land application site and indicating the sheet name from which the map portion was taken;

(6) A clear copy of an aerial photograph showing the location of the residual land application site; and

(7) A conservation plan or soil erosion and sediment control plan (as applicable) certified by the County Soil Conservation District; a written determination from the Natural Resources Conservation Service that no conservation plan is required for the site; or an equivalent conservation plan that is developed by a person trained in nutrient management and conservation/erosion control planning and that is approved by the Department solely for the purposes of this subchapter;

ii. Where proposed residual land application sites are not identified at the time of permit application, the applicant shall submit a notification plan for the Department's approval that, at a minimum:

(1) Describes the geographical area covered by the plan; and

(2) Describes the form of advance public notice that, at a minimum, will be supplied to all landowners and occupants adjacent to or abutting a proposed residual land application site. This requirement may be satisfied through public notice in a newspaper of local circulation. Notice shall include, at a minimum, the name and address of the permittee, the name and address of the proposed residual land application site, a description of the activities that are proposed to occur at the residual land application site, and the name and address of the Bureau within the Department to which the permittee must submit an application for a LLAMA;

iii. Following issuance of a permit, when a new land application site is proposed, a permittee shall submit an application to the Department for a Letter of Land Application Management Approval, where required pursuant to (h) below. An additional copy of the complete application for a LLAMA shall be simultaneously submitted to the municipal clerk of the municipality(ies) where the residual land application site is located. The application for a LLAMA shall include information necessary to determine if the proposed residual land application site is appropriate for land application and a description of how the site is or will be managed, including, but not limited to, the following:

(1) Information required pursuant to (a)3i above; and

(2) Information necessary for the Department to determine if the request is in conformance with a notification plan approved by the Department pursuant to (a)3ii above; and

iv. A LLAMA renewal application, including all information required pursuant to (a)3 above, is due at the time of the renewal application for the permit under which the LLAMA is issued. A LLAMA expires or is revoked concurrently with the permit under which the LLAMA is issued. If the permit under which the LLAMA is issued is administratively continued under 7:14A-2.8, then the LLAMA issued under that permit is also administratively continued. Nothing in this section shall prevent the Department from revoking a LLAMA for due cause, independent of the permit under which the LLAMA is issued;

4. In order for the Department to approve a permit application for the land application of a residual other than sewage sludge, or for any new residual stabilization process or technology not previously permitted in the State, the applicant shall demonstrate, in addition to the requirements of (a)1 through 3 above, the following:

i. That the land application of the residual will benefit soil physical properties, soil fertility and/or cover vegetation;

ii. An understanding of the impacts of the residual on soil fertility, soil physical properties and plant growth;

iii. That the land application of a particular residual has a scientific basis and has been successfully tested or demonstrated in a field application or pilot program;

iv. That the new residual stabilization process or technology has been successfully tested or demonstrated in a pilot program to achieve the standards applicable to the intended use of residual processed; and

v. Control of the stabilization process, and of product maintenance and handling, in a manner that prevents air contamination (including, but not limited to, particulates or odors) subsequent to achievement of a marketable residual product; and

5. A sampling plan that details all measurement, sampling and analytical procedures. The plan shall:

i. Identify each sampling point, established at a location that ensures sample homogeneity and best represents the physical and chemical quality of all pre-process and in-process materials, and all marketable residual product that is removed for use or disposal, as necessary to demonstrate compliance with applicable standards;

ii. Identify the equipment to be utilized for sampling. The equipment shall be constructed of materials that will not contaminate or react with the marketable residual product (for example, galvanized or zinc coated items shall not be used); and

iii. Demonstrate quality assurance and quality control requirements and procedures for sampling and analysis, including preservation and decontamination procedures, consistent with the Department's Field Sampling Procedures Manual.

(b) For the land application of residual, the following general requirements and management practices shall apply, unless otherwise specifically stated:

1. In lieu of the general requirements in 40 CFR 503.12:

i. No person shall apply residual to the land except in accordance with the requirements of this subchapter.

ii. No person shall apply bulk residual subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)2 to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in 40 CFR 503.13(b)2 has been reached.

iii. No person shall apply domestic septage to agricultural land, forest, or a reclamation site except in accordance with (f) below.

iv. The person who prepares bulk residual that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk residual written notification of information necessary to determine the agronomic rate pursuant to (g) below.

v. The person who applies residual to the land shall obtain information needed to comply with the requirements in this subchapter. In addition, before bulk residual subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)2 is applied to the land, the person who proposes to apply the bulk residual shall comply with the requirements in 40 CFR 503.12(e) and shall also contact the Department to determine whether bulk residual was applied to the site prior to July 20, 1993. The cumulative amount of each pollutant that was applied to the site in the bulk residual and that was required to be tracked by the Department prior to July 20, 1993, shall be used to determine the additional amount of each pollutant which can be applied to the site after July 20, 1993 pursuant to 40 CFR 503.13(a)2 i.

vi. The person who prepares bulk residual shall notify and provide information necessary to comply with the requirements of this subchapter to the person who applies bulk residual to the land.

vii. The person who prepares residual shall notify and provide information necessary to comply with the requirements of this subchapter to any person who further prepares the residual for application to the land.

viii. The person who applies bulk residual to the land shall provide the owner or lease holder of the land on which the bulk residual is applied notice and necessary information to comply with the requirements of this subchapter.

ix. Any person who prepares bulk residual in New Jersey that is applied to land in a State other than New Jersey shall submit to the Department written proof of compliance with or satisfaction of all applicable statutes, regulations, and guidelines of the state in which land application will occur.

x. Out-of-State generators that transport residual into the State to be applied to the land shall comply with the requirements of (l) below.

2. In lieu of the management practices in 40 CFR 503.14:

i. Bulk residual shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under Section 4 of the Federal Endangered Species Act, 16 U.S.C. § 1533 or its designated critical habitat.

ii. Unless otherwise specified by the Department in a permit or a LLAMA, bulk residual shall not be:

(1) Applied to land that is flooded, frozen, or snow-covered so that the bulk residual enters a wetland or other waters of the State;

(2) Applied during or after precipitation on ground where water is ponded, soils are saturated with water to within two feet of the ground surface, soil depth is less than two feet over bedrock formations, or land experiences seasonal flooding;

(3) Applied to agricultural land, forest, or a reclamation site that is 200 feet or less from surface waters of the State, as defined in 7:14A-1.2;

(4) Applied to the land, except in accordance with (g) below; or

(5) Applied to land that is within 1,500 feet of a public community water supply well, or within 300 feet of a public non-community or non-public water supply well.

(c) The applicable requirements and pollutant limits in 40 CFR 503.13(a) and (b) shall be met.

(d) Residual shall not be applied to the land unless the operational standards for pathogen and vector attraction reduction pursuant to 40 CFR 503.15(a) and (c) are met. Compliance with the operational standards for pathogen reduction is not required for pathogen-free material; however, the Department may impose operational standards for vector attraction reduction on pathogen-free material on a case-by-case basis through a NJPDES permit depending on the physical and chemical characteristics of the material to be land applied.

(e) Foreign material shall be removed from residual prior to the application of residual to the land. Foreign material removed from residual shall be managed in accordance with applicable State and Federal law and regulations.

(f) In accordance with the SSMP, it is the Department's policy that the use of domestic treatment works is the most environmentally sound and controllable method for management of domestic septage. However, the land application of domestic septage shall be permitted on a case-by-case basis where the applicant demonstrates that no reasonable alternative exists, subject to the following requirements:

1. Domestic septage shall not be applied to the land unless, at a minimum, the Class B pathogen reduction requirements pursuant to 40 CFR 503.32(b) and one of the vector attraction reduction requirements in 40 CFR 503.33(b)(1) through (b)(10) are met;

2. Domestic septage must be applied at a whole residual application rate that is equal to or less than the agronomic rate in accordance with (g) below;

3. Domestic septage must be screened through a number 4 mesh screen to remove foreign material;

4. Domestic septage must be certified to be from domestic sources only, analyzed pursuant to (a)1 above and satisfy the pollutant limits in 40 CFR 503.13(a) and (b); and

5. Domestic septage shall be applied to the land only in accordance with one of the land application programs described at (h) below.

(g) Bulk residual shall be applied to the land at a whole residual application rate that is equal to or less than the agronomic rate as specified by the Department in a permit based on best professional judgment unless, in the case of a reclamation site, otherwise approved by the Department.

(h) Residual applied to the land shall conform to one of the following programs based on the level of quality, pathogen reduction and vector attraction reduction achieved:

1. Exceptional quality residual shall be applied only in accordance with the following requirements:

i. The residual shall be monitored, records kept and information reported in accordance with (i), (j) and (k) below;

ii. Residual may be applied in bulk, or sold or given away in a bag or other container;

iii. Residual that is sold, offered for sale, or intended for sale as a fertilizer, soil conditioner or agricultural liming material shall be licensed by the New Jersey Department of Agriculture pursuant to the New Jersey Commercial Fertilizer and Soil Conditioner Act, 4:9-15.1 et seq., or the New Jersey Agricultural Liming Materials Act, 4:9-21.1 et seq., unless permit conditions for distribution are otherwise established by the Department in accordance with 7:14A-20.5; and

iv. Residual shall be labeled or accompanied by the appropriate instructional literature based on the mode of marketing and conforming to the Department's applicable NJPDES Permit Technical Manual and the labeling requirements established by the New Jersey Department of Agriculture pursuant to the New Jersey Commercial Fertilizer and Soil Conditioner Act, 4:9-15.1 et seq., the New Jersey Agricultural Liming Materials Act, 4:9-21.1 et seq., or distribution requirements specified by the Department in a permit.

2. Residual that is not exceptional quality shall be applied only if it meets the ceiling concentrations in 40 CFR 503.13(b)(1); meets the Class B pathogen requirements in 40 CFR 503.32(b); and meets one of the vector attraction reduction requirements in 40 CFR 503.33(b)(1) through (8) or will meet one of the vector attraction reduction requirements in 40 CFR 503.33(b)(9) or (b)(10). Such residual shall be applied only in accordance with the following requirements:

i. The residual shall be monitored, records kept and information reported in accordance with (i), (j) and (k) below;

ii. The residual shall be applied in bulk only and shall not be applied to a lawn or home garden;

iii. The general requirements at (b)1 above and the management practices at (b)2 above apply;

iv. If the residual does not meet the Class A pathogen requirements in 40 CFR 503.32(a) then the site restrictions at 40 CFR 503.32(b)(5) shall apply;

v. If the residual does not meet the pollutant concentrations in 40 CFR 503.13(b)(3) then the cumulative pollutant loading rates in 40 CFR 503.13(b)(2) shall not be exceeded and shall be tracked, recorded and reported in accordance with (i), (j) and (k) below;

vi. A conservation plan or soil erosion and sediment control plan (as applicable) pursuant to (a)3i(7) above; and

vii. A LLAMA shall be obtained for all residual land application sites pursuant to (a)3 above prior to the initial application of residual to the residual land application site. The recipient of the LLAMA shall ensure that the person who applies residual to a land application site complies with the conditions of a LLAMA.

(i) For residual that is to be applied to the land, the frequency of monitoring for the pollutants listed in Table 1, Table 2 and Table 3 of 40 CFR 503.13, for the pathogen density requirements in 40 CFR 503.32(a) and 40 CFR 503.32(b)(2) through (b)(4), when applicable, and for the vector attraction reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), when applicable, shall be the frequency specified in Table 1 of 40 CFR 503.16(a) unless otherwise specified below:

1. For sewage sludge, the frequency of monitoring shall be as specified in Table 1 of 40 CFR 503.16(a) or quarterly, whichever is more frequent, except as allowed under (i)2 and 3 below;

2. After any residual has been monitored for two years at the frequency in Table 1 of 40 CFR 503.16(a) or (i)1 above, the permittee may request the Department to reduce the frequency of monitoring as specified in 40 CFR 503.16(a)(2);

3. When a single source of sewage sludge totaling less than 290 metric tons per year (see Table 1 of 40 CFR 503.16(a)) is removed for application to the land no more frequently than three times per year, then monitoring shall be performed at least once prior to each removal;

4. Process parameter monitoring necessary to demonstrate whether any of the pathogen reduction requirements in 40 CFR 503.32(a)(3), (a)(4), (a)(5), (a)(7), (a)(8) and/or 40 CFR 503.32(b)(3) or (b)(4) are met (for example, temperature, time, percent total solids and pH) must be performed each day that the process(es) intended to meet any of the requirements is operated and as often each day as necessary;

5. Process parameter monitoring necessary to demonstrate whether vector attraction reduction requirements in 40 CFR 503.33(b)(1), (b)(5), (b)(6), (b)(7) and (b)(8) are met (for example, volatile solids, time, temperature, pH and percent total solids) must be performed each day that the process(es) intended to meet any of the requirements is operated and as often each day as necessary; and

6. For residual additives, the frequency of monitoring for the pollutants listed in Table 1, Table 2 and Table 3 of 40 CFR 503.13, or for other pollutants identified pursuant to (a)1 above, shall be, at a minimum, once every calendar year, and within 30 days of any source change.

(j) For residual that is to be applied to the land, recordkeeping shall conform to the requirements of 40 CFR 503.17(a) and the following additional information shall be retained for five years (unless otherwise required by 40 CFR Part 503):

1. Daily records of the sources of residual generated, received and processed as well as the quantity of residual generated, received and processed;

2. If bulk residual is not exceptional quality, the person who prepares the residual shall keep daily records of the destination of the residual, including, but not limited to, the location, by either street address, lot and block number or latitude and longitude of each site, the quantity of residual delivered and applied to each site, and the whole residual application rate in accordance with (g) above;

3. For bulk exceptional quality residual, the person who prepares the residual shall keep daily records of the bulk distribution outlets and the quantity of residual delivered to each outlet;

4. Where not otherwise specified in 40 CFR 503.17(a), information necessary to demonstrate compliance with the applicable land application program(s) pursuant to (h) above;

5. Records necessary to demonstrate compliance with (i) above; and

6. Records on the quantity and quality of all residual generated and/or received for processing pursuant to the Sludge Quality Assurance Regulations, N.J.A.C. 7:14C. A 12 month moving mean and median shall be kept for all parameters specified under 40 CFR 503.13.

(k) For the land application of residual, in lieu of the reporting requirements of 40 CFR 503.18, the frequency of reporting to the Department of the records kept under (j) above shall be in accordance with 7:14A-6.8.

(l) Out-of-State generators that transport residual into the State of New Jersey to be applied to the land shall, at a minimum, comply with all applicable requirements for the land application of residual pursuant to this subchapter and the following additional notice requirements:

1. In order for the Department to determine the applicable requirements under this subchapter, any person who prepares residual out-of-State for land application in New Jersey shall provide notice to the Department at least 120 days prior to the date that person intends to commence operations for the land application of residual. This notice shall, at a minimum, include:

i. Information on each residual land application site as required to be submitted pursuant to (a)3 and (b)1ix above, as applicable;

ii. Copies of those permits and approvals issued by the permitting authority for the state in which the residual is prepared;

iii. The name, address and phone number of a contact for the permitting authority for the state in which the residual is prepared; and

iv. A listing of any brand names under which a marketable residual product will be distributed.

2. Upon receipt of notification pursuant to (l)1 above, the Department shall notify the person who prepares residual of the applicable requirements of this subchapter.

3. The Department shall waive some or all of the requirements for record keeping and reporting pursuant to (j) and (k) above if equivalent information is already kept and reported to the permitting authority for the out-of-State generator.

(m) See 7:14A-20.2(b) and (c) for situations in which the requirements in this section and in (b) above, respectively, do not apply.

N.J. Admin. Code § 7:14A-20.7

Administrative correction.
See: 29 N.J.R. 3822(a).
Amended N.J.A.C. references.
Amended by R.1999 d.164, effective 5/17/1999.
See: 31 N.J.R. 200(a), 31 N.J.R. 1320(a).
In (a)1iii and (j)5, changed N.J.A.C. references.
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Rewrote the section.