Section 250-RICR-150-10-3.10 - Land ApplicationA. This rule applies to the land application of sludge that has been treated by one or more of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part. (This rule does not apply to land application of Class A Biosolids or any sludge that has been treated by one of the Processes to Further Reduce Pathogens.) All land application sites must operate under an Order of Approval and must meet the following requirements:B. Sludge and Soil Analysis. All sludge intended for land application may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. Sludge intended for land application must meet the limits established in § 3.33 of this Part for metals and must be tested for the listed characteristics. In addition, soil from the proposed land application site, with the exception of silvicultural lands, must be tested for metals listed in § 3.33 of this Part and for the parameters listed in § 3.10(T)(3) of this Part below. The Director shall determine the testing and reporting frequency. All sludge analyses shall be the responsibility of the owner or operator of the facility; all soil analyses shall be the responsibility of the applicant.C. Land Application Rates. All sludge intended for land application must be applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural or silvicultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.D. Cumulative Loading Rates. The maximum amount of sludge that can be applied to a land application site shall be calculated using the procedure established in § 3.34 of this Part. The amount of metals in the soil shall be deducted from each calculation. E. Condition of Sludge. Sludge intended for land application shall be treated by one of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part and shall meet one of the Vector Attraction Reduction Requirements listed in § 3.30 of this Part. Such treatment shall be the responsibility of the owner or operator of the facility. Sludge intended for land application shall not meet the criteria for hazardous waste.F. Crops. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of sewage sludge. Food crops with harvested parts below the surface of the land shall not be harvested for twenty (20) months after application of sewage sludge when the sewage sludge remains on the land surface for four (4) months or longer prior to incorporation into the soil. Food chain crops with harvested parts below the surface of the land shall not be harvested for thirty eight (38) months after application of sewage sludge when the sewage sludge remains on the land surface for less than four (4) months prior to incorporation into the soil. Food crops with harvested parts that do not touch the sewage sludge/soil mixture, feed crops and fiber crops shall not be harvested for thirty (30) days after application of sewage sludge.G. Turf. Turf grown on land where sewage sludge is applied shall not be harvested for one (1) year after the last application of sewage sludge has occurred when the harvested turf is placed on either land with a high potential for public exposure or a lawn.H. Public Access. Public access to the land application site shall be prohibited by the owner or operator until one (1) year has passed since the last application of sewage sludge to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of sewage sludge to land with a low potential for public exposure, such as private farmland.I. Animal Grazing. Animals whose products are consumed by humans shall not be allowed to graze on land where sewage sludge is applied for thirty (30) days after the last application of sewage sludge has occurred.J. Frozen Ground. No sludge shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.K. Odor Control. Any land application project must comply with Part 120-05-17 of this Title, as amended, or other rules and regulations pertaining to odors.L. Groundwater. A minimum of two (2) feet of soil is required between the lowest level of applied sludge and the seasonal high groundwater table as determined by a DEM-licensed Class IV soil evaluator in accordance with the procedures described in Part 6 of this Subchapter. The determination of the seasonal high groundwater table must be witnessed by the Department. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied sludge. M. Surface Water. No sludge shall be land applied within two hundred (200) feet of any body of surface water. No sludge shall be applied to land within the watershed of any surface water used as a public drinking water supply. The Director may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed land application site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator.N. Drinking Water Wells. No sludge shall be land applied within one thousand (1,000) feet of any private drinking water supply well or within the Wellhead Protection Area for a public drinking water supply well. Land application of sludge shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder.O. Distance to Buildings. No sludge shall be land applied within four hundred (400) feet of any domestic, commercial or industrial structure not associated with the proposed land application project. P. Distance from Property Lines. No sludge shall be land applied within one hundred (100) feet of a property line. This requirement will be met if consent from the adjacent landowner is received.Q. Monitoring Wells. Groundwater monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator.R. Erosion Control. Soil erosion on all land application sites shall be limited to conditions which meet Resource Management System Quality Criteria for soil erosion as defined in the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide for Rhode Island. Erosion control methods on all land application sites shall be consistent with practice standards and specifications in the NRCS Field Office Technical Guide for Rhode Island. Sediment and runoff shall be controlled on all land application sites consistent with the measures within the Rhode Island Soil Erosion and Sediment Control Handbook, RI Department of Environmental Management, USDA Soil Conservation Service and Rhode Island State Conservation Committee, 1989.S. Transportation. All transportation of sludge shall comply with § 3.14 of this Part.T. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for land application of sludge and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part. 1. Site Plan. A site plan for all areas within the land application site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The site plan must include the following information: d. Surface watercourses (if any);f. Groundwater monitoring wells;g. Proposed erosion control and runoff collection and treatment systems (if any);h. Legal boundaries of site;i. Power lines, pipe lines, rights of way and other utilities, and,2. Soil Description. A detailed soil profile description to a depth of four (4) feet must be submitted for each soil-mapping unit on the land application site. The required information includes: a. Color of each horizon;b. Texture of each horizon;c. Depth of each horizon;d. Depth to mottles (if any);e. Amount of coarse fragments (if any);f. Depth to bedrock (if encountered);g. Consistence or relative density, and,3. Laboratory Data. Representative samples shall be taken from the plow layer within the proposed land application site. The following data shall be submitted for each sample: 4. Management Plan. The Management Plan shall include the following information: a. Type of land application method to be used;b. Detailed description of the land application project and the proposed sequence of operation;c. Provisions for compliance with § 3.10(B) through (S) of this Part;e. Projected use of the land application site;f. Procedures to control dust, vectors and odor;g. Procedures to control erosion, sedimentation and promote vegetative growth;h. Equipment to be utilized and substitute equipment to be on site;i. Provisions to control access;j. Estimated life of land application site, and,k. Aesthetic considerations. 5. Sludge and Soil Analysis. The results of the sludge and soil analysis required in § 3.10(B) of this Part shall be submitted.250 R.I. Code R. 250-RICR-150-10-3.10