250 R.I. Code R. 250-RICR-150-10-3.13

Current through November 21, 2024

Section 250-RICR-150-10-3.13 - Stockpiling

A. This rule applies to the stockpiling of untreated and treated sludge at a sludge management facility or site. Except as provided in § 3.7(C)(4) of this Part, all stockpile facilities and sites must operate under an Order of Approval. Requirements for stockpiling sludge are as follows:

B. Untreated Sludge. Other than in approved storage facilities at publicly or privately owned treatment works, the stockpiling of untreated sludge is prohibited. Arrangements must be made to either:

1. Treat all sludge immediately upon arrival at a sludge treatment facility;

2. Bury all sludge immediately upon arrival at a land disposal or co-disposal facility or site; and,

3. Land apply all sludge immediately upon arrival at a land application site.

C. Treated Sludge. The stockpiling of treated sludge shall meet the following requirements:

1. Groundwater. A minimum of two (2) feet of soil is required between the lowest level of stockpiled 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 stockpiled sludge. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Office of Water Resources that the sludge treatment facility or site will not generate leachate. Otherwise, the Director will require the installation of an impermeable liner system or leachate collection and treatment system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.

2. Surface Water. No treated sludge shall be stockpiled within two hundred (200) feet of any body of surface water. No treated sludge shall be stockpiled 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 stockpile 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 of the facility or site. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that any runoff from the sludge treatment facility or site will not impact surface water as a condition for the granting of such variance.

3. Drinking Water Wells. No treated sludge shall be stockpiled 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. Any stockpile site shall comply with the Rhode Island groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that the stockpile site will not generate leachate. Otherwise, the Director will require the installation of an impermeable liner system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.

4. Distance to Property Lines. No treated sludge shall be stockpiled within one hundred (100) feet of a property line. If the applicant seeks a variance from this separation distance under § 3.22 of this Part, the Director will require that the treated sludge be stockpiled in a facility that is enclosed as a condition for the granting of such variance.

5. Monitoring Wells. For the purpose of monitoring groundwater conditions, the owner or operator of a stockpile facility or site shall install and maintain monitoring wells of a number and type approved by the Director and at locations chosen by the Director. The owner or operator of the site is responsible for analysis of groundwater in accordance with instructions of the Director. The Director shall determine the testing and reporting frequency. If the applicant seeks a variance from this requirement, the Director will require that the treated sludge be stockpiled in a facility that is completely enclosed as a condition for the granting of such variance.

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

D. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the stockpiling of treated 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. Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.13(C)(1) through (6) of this Part.

2. 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-150-10-3.13