250 R.I. Code R. 250-RICR-150-10-3.7

Current through November 21, 2024

Section 250-RICR-150-10-3.7 - Requirements for Order of Approval

A. The owner or operator of a facility or site must obtain an Order of Approval. The owner or operator of the facility or site must operate at all times in accordance with the Order of Approval, the completed Application for Order of Approval and the Management Plan for the facility or site.

B. Except as provided in § 3.7(C) of this Part below, an Order of Approval shall be required for:

1. The processing, treatment, transporting, land application, land disposal, co-disposal (of sludge and solid waste), incineration and/or distribution of sludge;

2. All sludge mixing facilities and sites where the resultant sludge is to be used on site or off site;

3. All sludge stockpiling facilities and sites; and,

4. The closure of a land disposal facility or site.

C. Unless the Director determines that an Order of Approval is necessary for a specific facility or site to protect public health and to avoid degradation of the environment, an Order of Approval shall not be required for:

1. The transportation of Class A Biosolids;

2. The interstate transportation of sludge that is not generated, processed, transferred, stored, used or disposed of in the State of Rhode Island;

3. Any site upon which Class A Biosolids is land applied for beneficial use which meets the following conditions:

a. The Class A Biosolids is generated by a facility that holds a valid Order of Approval from the Department to generate Class A Biosolids;

b. The owner of the site or the person land applying the Class A Biosolids is not the owner of the facility or site where the Class A Biosolids is generated;

c. The Class A Biosolids is stored at the land application site no longer than six (6) months prior to land application;

d. The quantity of Class A Biosolids stored at the land application site is consistent with the appropriate application rate and size of the land application area;

e. The stockpile area and land application area is not located within fifty (50) feet of any surface water;

f. Adequate erosion control is used to prevent material from entering any waters of the state;

g. The site complies with Part 120-05-17 of this Title;

h. The person land applying the Class A Biosolids at the site possesses and follows a Department-approved User's Guide provided by the facility that generates the Class A Biosolids; and

i. Land application does not take place during the period starting on the first day of November and ending the last day of February.

4. Any Class A Biosolids distribution facility and/or mixing facility or site, such as a landscaping company or soil blending facility, or stockpile site which meets the following conditions:

a. The Class A Biosolids is generated by a facility that holds a valid Order of Approval from the Department to generate Class A Biosolids;

b. The owner of the site is not the owner of the facility or site where the Class A Biosolids is generated;

c. The facility or site is not located within 50 feet of a surface water body;

d. The amount of unmixed Class A Biosolids stockpiled at the site does not exceed 500 cubic yards at any one time (any mixed material that contains more than 40% Class A Biosolids by volume shall be considered unmixed for the purposes of this storage limit);

e. Other than the mixing of Class A Biosolids with soil or appropriate soil amendment materials, no further processing or treatment of the Class A Biosolids takes place at the facility or site;

f. The Class A Biosolids or mixed Class A Biosolids is intended for beneficial use;

g. If mixing takes place, the mixing process does not degrade the quality of the Class A Biosolids;

h. The site has adequate erosion control to prevent mixed or unmixed Class A Biosolids from entering waters of the state;

i. The site complies with Part 120-05-17 of this Title; and,

j. The owner or operator of the facility or site provides a department-approved User's Guide or information sheet to any person(s) that receives unmixed Class A Biosolids from the facility or site pursuant to §§ 3.12(B)(2)(a) through (b) of this Part.

D. An application for Order of Approval must be submitted at least ninety (90) days prior to the anticipated date of operation of any proposed facility or site. Said application must be accompanied by the appropriate application fee along with any plans, specifications and a Management Plan as stipulated in these rules and regulations. Where the facility or site is not owned by the applicant, certified copies of any lease or contracted agreements or other documentation acceptable to the Department providing the applicant with adequate authority to engage in the proposed activity at the subject facility or site must also be submitted. Where such information has been previously submitted to the Director and approved and where the applicant proposes to continue the previously approved means of sludge management or when utilizing an approved site, the Director may waive the requirement that additional plans, specifications and Management Plans accompany the application.

E. A person may request approval from the Director to conduct a one-time pilot project for the beneficial use of no more than thirty (30) cubic yards of Class A Biosolids in those instances where the distributor that is to provide the Class A Biosolids does not hold an Order of Approval from the department to generate or distribute Class A Biosolids. Such a request must be submitted in writing and must include a description of the source of the sludge, lab analysis demonstrating that the sludge meets Class A Biosolids standards and a detailed description of the nature of the pilot project. An application fee is not required for such projects.

F. The Director may require that the applicant provide notification of any Application for Order of Approval to all potentially affected parties as determined by the Director. At a minimum, the applicant may be required to notify all abutters of the proposed facility or site. The Commissioner may schedule a public hearing as required pursuant to R.I. Gen. Laws Chapter 42-35 to solicit public comment prior to rendering a decision on the application. The applicant shall be required to pay the expenses for notice and hearing.

G. The owner or operator of an approved facility or site who seeks to change the treatment, disposal, distribution or land application methods, or who seeks to add facilities or sites, must apply for a new Order of Approval for such modifications at least ninety (90) days prior to the anticipated modification.

H. The Department must issue an Order of Approval on an application for a proposed facility or site prior to implementation of the sludge treatment, stockpiling, land application, disposal or distribution at the facility or site. Said approval shall remain in full force and effect until terminated by the Director.

I. In those instances where sludge management at a facility or site is delegated by the owner to another person, it shall remain the responsibility of the owner to meet all requirements of these rules and regulations and to submit the necessary documents for the Director to issue an Order of Approval.

J. Approval of a facility or site involves an initial evaluation of the plan in accordance with § 3.8 of this Part.

K. Upon receipt of an application the Department shall review the application for completeness. If the application is incomplete, the Department shall list the information necessary to make the application complete and shall specify a date for submitting the necessary information. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant given a deadline to correct said deficiencies to the satisfaction of the Department. If the applicant fails or refuses to correct said deficiencies within the time period specified or extension granted by the Department, the application shall be denied.

L. After an application is determined to be complete, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete, but if the applicant fails or refuses to submit such information, the application may be denied.

M. During the review of an application, the Department shall determine whether a site visit(s) and inspection are necessary in order to evaluate the application completely and accurately. If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, the applicant shall be notified and a site visit shall be scheduled.

N. The department shall issue an Order of Approval when and if it determines that all applicable requirements of these rules and regulations have been met.

O. An owner of a facility or site may apply to the Director for a transfer of the Order of Approval to a new owner. The current owner must apply to the Director in writing by certified mail of the proposed transfer at least ninety (90) days prior to the proposed transfer date and must include the following information:

1. Name and address of the subject facility or site;

2. Name and address of new owner(s) and operator(s);

3. Names and addresses of the person(s) upon whom the Director may serve legal process;

4. A notarized statement signed by a duly authorized officer or agent of the new owner stating that he or she has read the original Application for Order of Approval and believes that to the best of his or her knowledge there has been no material change in the operations of the facility or site since the Order of Approval was issued or describes the changes that have occurred since the Order of Approval was issued; and,

5. A proposed transfer date on which the new owner will assume the Order of Approval and all accompanying responsibility.

P. The Director may approve a change in the method of treatment, disposal, land application, or transportation of sludge from a publicly owned treatment works or privately owned treatment works for emergency situations without requiring the owner or operator of the facility to first apply for an Order of Approval. The owner or operator of the facility must submit to the Director an Application for Order of Approval within fourteen (14) days of receiving an emergency approval from the Director.

Q. The owner or operator of an approved facility or site shall furnish to the Department within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, suspending, or revoking the facility or site's Order of Approval. The owner or operator of an approved facility or site shall also furnish to the Department upon request, copies of records required by the Order of Approval.

R. The owner or operator of an approved facility or site shall retain records of all information required under the Order of Approval for a period of at least five (5) years from the date that record was generated. This period may be extended by request of the Department at any time.

250 R.I. Code R. 250-RICR-150-10-3.7