250 R.I. Code R. 250-RICR-150-10-3.12

Current through November 21, 2024

Section 250-RICR-150-10-3.12 - Distribution and Land Application of Treated Sludge

A. This rule applies to the distribution and land application of treated sludge.

B. Distribution of Class A Biosolids. This subrule applies to the distribution of Class A Biosolids. Except as provided in § 3.7(C)(4) of this Part, all distribution facilities or sites must operate under an Order of Approval and must meet the following requirements.

1. Packaged Distribution of Class A Biosolids. Packaged distribution shall mean Class A Biosolids that are sold or given away in a bag or other container for application to the land. The container shall hold no more than one hundred (100) pounds of Class A Biosolids. The distributor shall provide the following information to the user on a label when Class A Biosolids are packaged:

a. The name and address of the generator of the product;

b. A statement that the product is derived from sewage sludge;

c. Instructions on the proper use of the product for various applications (for example, on lawns). This must include a statement that the annual product application rate should not be exceeded, if applicable; and,

d. Class A Biosolids that are lead safe and are intended for use as mulch must include a statement that the product is lead safe but not lead free.

2. Bulk Distribution of Class A Biosolids. Bulk distribution shall mean Class A Biosolids that are sold or given away in bulk or in a container holding more than one hundred (100) pounds of Class A Biosolids. The requirements for the distribution of bulk Class A Biosolids vary based on volume as follows:

a. Less Than Twenty-Five (25) Cubic Yards. Any distributor of Class A Biosolids shall provide the information from §§ 3.12(B)(1)(a) through (d) of this Part, in writing, to all users taking less than twenty-five (25) cubic yards per day. In addition, the distributor shall inform the user, in writing, that the Class A Biosolids shall not be further processed, stockpiled or distributed without prior approval from the Department unless the conditions of § 3.7(C)(4) of this Part are met.

b. More Than Twenty-Five (25) Cubic Yards. Any distributor of Class A Biosolids must provide a User's Guide to all users taking more than twenty-five (25) cubic yards per day. The User's Guide shall be provided to the distributor by the Department and shall include instructions on the proper use of the product for various applications. The distributor must provide the instructions for the product to the Department so that they can be incorporated into the User's Guide.

c. Record Keeping. Any distributor that distributes Class A Biosolids in bulk must maintain written records of the following information when a user or another distributor is provided with more that twenty-five (25) cubic yards per day:

(1) date the Class A Biosolids was taken;

(2) name of user;

(3) amount of Class A Biosolids taken;

(4) location where Class A Biosolids are to be applied; and

(5) signature of the operator.

(6) Said records must be available for inspection by state and federal officials.

3. Stockpiling. The stockpiling of Class A Biosolids shall comply with § 3.13 of this Part.

4. Odor Control. Any distribution site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.

5. Transportation. All transportation of sludge shall comply with § 3.14 of this Part.

6. Licensing. Any facility or site that distributes packaged or bulk Class A Biosolids must comply with the Department's Office of Natural Resource Services' Commercial Fertilizer Law, (R.I. Gen. Laws Chapter 2-7) and any other rules and regulations pertaining to fertilizer and soil amendment products. All fertilizer and soil amendment products must be registered with the Office of Natural Resource Services before being offered for sale.

7. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for a treated sludge distribution facility or site 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.

a. Site Plan. A site plan including all of the information listed below for all areas within the treated sludge distribution site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The required information includes:

(1) Initial ground contours at five foot intervals;

(2) Final proposed contours at five foot intervals;

(3) Boring locations;

(4) Proposed leachate collection and treatment systems;

(5) Buildings (where applicable);

(6) Treated sludge stockpile areas;

(7) Wells (if any);

(8) Surface watercourses and other wetlands;

(9) Roads;

(10) Groundwater monitoring wells;

(11) Legal boundaries of site;

(12) Power lines, pipelines, rights of way and other utilities;

(13) Proposed fences;

(14) Weighing facilities (if any), and,

(15) North arrow.

b. Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(B)(1) through (6) of this Part.

c. Stockpiling. The applicant shall submit a copy of the latest U.S. Geological Topographic Map with the distribution site outlined and an indication of the Class A Biosolids stockpile areas. This requirement shall be waived if the applicant proposes to stockpile Class A Biosolids in an enclosed structure, where runoff will not occur.

d. Treated Sludge Analysis. The applicant shall submit the results of the analysis required in § 3.11(O) of this Part.

C. Land Application of Class A Biosolids. This subrule applies to the land application of Class A Biosolids obtained from a generator that possesses a valid Order of Approval from the Department to generate and distribute Class A Biosolids. Except as provided in § 3.7(C)(3) of this Part and except in the case of pilot projects as provided in § 3.7(E) of this Part, all sites where Class A Biosolids is land applied must operate under an Order of Approval and must meet the following requirements. The land application of Class A Biosolids obtained from a generator that does not hold a valid Order of Approval from the Department is prohibited.

1. Stockpiling. The stockpiling of Class A Biosolids shall comply with § 3.13 of this Part. The quantity of Class A Biosolids stockpiled at the land application site shall be consistent with the appropriate application rate and size of the land application area.

2. Frozen Ground. No Class A Biosolids shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.

3. 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.

4. Odor Control. Any distribution site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.

5. Transportation. All transportation of sludge shall comply with § 3.14 of this Part.

6. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the land application of Class A Biosolids.

a. Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(C)(1) through (5) of this Part.

b. Class A Biosolids Generator. The applicant shall identify the generator of the Class A Biosolids to be land-applied.

D. Land Application of Class B Biosolids:

1. Land Application of Class B Biosolids for Agricultural Use. This subrule applies to the land application of Class B Biosolids as a fertilizer and/or soil amendment to enhance Agricultural Lands. All Class B Biosolids land application projects must operate under an Order of Approval, must meet the same requirements for land-applied sludge in §§ 3.10(F) through (L) and 3.10(Q) through (R) of this Part, and must meet the following additional requirements:

a. Soil Analysis. Soil from the proposed land application site 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. The Director shall determine the testing and reporting frequency. All soil analyses shall be the responsibility of the applicant.

b. Land Application Rates. All Class B Biosolids intended for agricultural use must be land applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.

c. Cumulative Loading Rates. The maximum amount of Class B Biosolids 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.

d. Surface Water. No Class B Biosolids shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed Class B Biosolids 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. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that any runoff from the proposed project will not affect surface water.

e. Drinking Water Wells. No Class B Biosolids shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class B Biosolids 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.

f. Distance to Property Lines. No Class B Biosolids shall be land applied within fifty (50) feet of a property line. This requirement will be waived if consent from the adjacent landowner is received.

g. Stockpiling. All stockpiling of Class B Biosolids shall comply with § 3.13 of this Part.

h. Transportation. All transportation of Class B Biosolids shall comply with § 3.14 of this Part.

2. Land Application of Class B Biosolids for Non-Agricultural Use. This subrule applies to land application of Class B Biosolids as a fertilizer and/or soil amendment to enhance non-Agricultural Lands. Such uses may include, but are not limited to public parks and grounds, sand and gravel pit reclamation, roadsides and medians, silviculture, playgrounds, golf courses, ball fields and stadiums and cemeteries. All Class B Biosolids land application projects must operate under an Order of Approval, must meet the same requirements for land-applied sludge in §§ 3.10(J) through (L) and §§ 3.10(Q) through (R) of this Part, and must meet the following requirements:

a. Cumulative Loading Rates. The maximum amount of Class B Biosolids that can be applied to a land application site shall be calculated using the procedure established in § 3.34 of this Part. All Class B Biosolids intended for land application must be applied using good agricultural or silvicultural practices.

b. Public Access. Public access to land where Class B Biosolids is applied shall be prohibited by the Owner or Operator until one (1) year has passed since the last application of Class B Biosolids 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 Class B Biosolids to land with a low potential for public exposure, such as a sand and gravel pit reclamation Site. This requirement will be waived if a land application site receives Class B Biosolids which meets the pathogen limits established in § 3.32 of this Part.

c. Surface Water. No Class B Biosolids shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed Class B Biosolids 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. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that the proposed project will not affect surface water.

d. Drinking Water Wells. No Class B Biosolids shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class B Biosolids 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.

e. Distance to Property Lines. No Class B Biosolids shall be land applied within fifty (50) feet of a property line. This requirement will be waived if written consent is received from the adjacent land owner.

f. Stockpiling. All stockpiling of Class B Biosolids shall comply with § 3.13 of this Part.

g. Transportation. All transportation of Class B Biosolids shall comply with § 3.14 of this Part.

3. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the agricultural or non-agricultural use of Class B Biosolids 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.

a. Management Plan. The applicant shall submit a Management Plan that includes the following information:

(1) Detailed description of the Class B Biosolids land application project and the proposed sequence of operation;

(2) Provisions for compliance with §§ 3.12(C)(1) or 3.12(C)(2) of this Part;

(3) Personnel and duties;

(4) Procedures to control dust;

(5) Procedures to control erosion, sedimentation and promote vegetative growth;

(6) Equipment to be utilized;

(7) Substitute equipment available;

(8) Provisions to control access;

(9) Estimated life of Class B Biosolids land application area, and

(10) Aesthetic considerations.

b. Class B Biosolids and Soil Analysis. The results of the Class B Biosolids analysis required in § 3.11(O) of this Part and the soil analysis required in § 3.12(D)(1)(a) of this Part must be on file with the Office of Water Resources at the time of application.

E. Disposal of Class C Biosolids. Class C Biosolids may be used as cover material for solid waste landfills and land disposal sites under § 3.12(F) of this Part. Class C Biosolids may be disposed of by burial at land disposal sites and solid waste landfills under §§ 3.9 and 3.16 of this Part. Land application of Class C Biosolids is prohibited.

F. Use of Treated Sludge as Landfill Cover. This subrule applies to the use of treated sludge as cover material at solid waste landfills and land disposal sites. Use at solid waste landfills must be in accordance with the Department's solid waste regulations. All solid waste landfills and land disposal sites using treated sludge as cover material must operate under an Order of Approval and must meet the following requirements.

1. Solid Waste Landfills. Solid waste landfill uses include the following:

a. Daily Cover. Treated sludge may be used as initial or daily landfill cover only as an amendment in amounts to be approved on a case-by-case basis.

b. Intermediate Cover. Treated sludge may be used as an amendment in the creation of a six-inch (6") intermediate cover over the initial cover layer.

c. Final Cover. Treated sludge may be used as final landfill cover as an application of soil of sufficient type and thickness to support vegetative growth.

2. Land Disposal Sites. Treated sludge may be used as final cover for land disposal sites as an application of soil of sufficient type and thickness to support vegetative growth.

3. Application Rates. Treated sludge used as cover shall be applied at a rate determined on a case-by-case basis. Use at solid waste landfills shall be in accordance with procedures established in the department's solid waste regulations.

4. Surface Water. Treated sludge used as cover shall not be applied within fifty (50) feet of any body of surface water. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that any runoff from the project will not affect surface water.

5. Odor Control. Any solid waste landfill or land disposal site using treated sludge as cover must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.

6. Transportation. All transportation of treated sludge shall comply with § 3.14 of this Part.

7. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the use of treated sludge as cover material at solid waste landfills and land disposal sites 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. All submissions for approval and amendments to solid waste landfill operating and/or closure plans for using treated sludge for landfill cover must also be approved by the Office of Waste Management, in accordance with the solid waste regulations.

a. Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(F)(1) through (6) of this Part.

b. Treated Sludge Analysis. The applicant shall submit the results of the analysis required in § 3.11(O) of this Part.

250 R.I. Code R. 250-RICR-150-10-3.12