250 R.I. Code R. 250-RICR-150-10-3.9

Current through November 21, 2024

Section 250-RICR-150-10-3.9 - Land Disposal

A. This rule applies to the disposal of sludge by burial. All applications for land disposal sites are to be in accordance with the design and operational requirements for solid waste landfills as promulgated by the Office of Waste Management, Rhode Island Department of Environmental Management. (Sludge burial at a solid waste landfill is covered under § 3.16 of this Part). All land disposal sites must operate under an Order of Approval and must meet the following requirements.

B. Condition of Sludge. Sludge that is land disposed must be treated by one or more of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part. Such treatment is the responsibility of the owner or operator of the facility performing the Process to Significantly Reduce Pathogens. Sludge that meets the hazardous waste criteria shall not be land disposed.

C. Groundwater. A minimum of five (5) feet of soil is required between the lowest level of deposited 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 five (5) feet of soil is required between the highest level of bedrock and lowest level of deposited sludge. If the owner or applicant seeks a variance from the separation distances under § 3.22 of this Part, the Director may require the installation of an impermeable liner system and leachate collection and treatment system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.

D. Surface Water. No sludge shall be land disposed within 200 feet of any body of surface water. No sludge shall be land disposed within one thousand two hundred (1200) feet from the center line of the following freshwater rivers: Ashaway River, Beaver River, Blackstone River, Chepachet River, Clear River, Falls River, Flat River, Hunt River, Moshassuck River, Moosup River, Narrow River, Pawcatuck River, Pascoag River, Pawtuxet River, and Wood River. No sludge shall be land disposed of in 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 disposal 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.

E. Drinking Water Wells. No sludge shall be land disposed 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 disposal 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.

F. Distance to Buildings. No sludge shall be land disposed within six hundred (600) feet of any domestic, commercial or industrial structure not associated with the proposed land disposal site.

G. Distance to Property Lines. No sludge shall be land disposed within two hundred (200) feet of a property line.

H. Monitoring Wells. For the purpose of monitoring groundwater conditions, the owner or operator of a land disposal 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 groundwaters in accordance with instructions of the Director. The Director shall determine the testing and reporting frequency.

I. Erosion Control. The owner or operator shall make provisions to have the land disposal site, including the fill surface, graded and provided with a drainage system to minimize surface water runoff onto and into the fill, to drain off rain water falling on the fill and to prevent the collection of standing water.

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

K. Cover Material. A soil cover of at least six (6) inches shall be applied to all sludge deposits daily to control disease vectors and nuisance conditions. Final cover in terminating the use of a land disposal site shall be two (2) feet in depth.

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

M. Analysis of Sludge. All sludge intended for land disposal 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. The owner or operator of the facility is responsible for all analyses. The Director shall determine the testing and reporting frequency depending upon the amount of sludge produced.

N. Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for land disposal 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 shall be submitted for all areas within the land disposal site. 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:

a. Initial ground contours at five foot intervals;

b. Final proposed contours at five foot intervals;

c. Boring locations;

d. Proposed leachate collection and treatment systems;

e. Proposed gas controls (if any);

f. Buildings (if any);

g. Wells (if any);

h. Surface water courses (if any);

i. Roads (if any);

j. Cross section lines (see § 3.9(N)(2) of this Part);

k. Groundwater monitoring wells;

l. Legal boundaries of site;

m. Power lines, pipe lines, rights of way and other utilities;

n. Proposed fences;

o. Weighing facilities (if any);

p. North arrow;

q. Location of borrow areas (if any), and,

r. Boundaries of areas to be filled.

2. Cross Section. Typical cross section plans of the land disposal site shall be submitted. A minimum of two cross sections are required of right angled center lines passing through the approximate middle of the land disposal site. The cross section plans should be drawn using a minimum horizontal scale of one inch to one hundred feet (1"=100'). All required details should be drawn using equal vertical and horizontal scales. The cross section plans must include the following information:

a. Proposed lifts;

b. Virgin ground;

c. Maximum groundwater table;

d. Bedrock location;

e. Side slopes;

f. Details of surface drains and ditches;

g. Final fill elevation and grades;

h. Limits of excavations;

i. Final cover elevations;

j. Details on access road construction;

k. Details of leachate collection and treatment systems;

l. Details of gas venting facilities (if any), and,

m. Details of groundwater monitoring wells with soil profiles.

3. Management Plan. The Management Plan shall include the following information:

a. Type of method to be used (trench, area, etc.);

b. Provisions for appropriate liners;

c. Proposed sequence of operation;

d. Estimate of amount of cover material available or to be purchased and from whom;

e. Operating hours;

f. Personnel and duties;

g. Projected use of completed land disposal site;

h. Dust control program;

i. Vector control program;

j. Odor control program;

k. Procedures to control erosion and sedimentation and to promote vegetative growth in completed areas;

l. Equipment to be on site during operating hours;

m. Substitute equipment available;

n. Communications equipment available;

o. Population and service area;

p. Winter operations;

q. Provisions for limiting access such as fencing, signs, etc.;

r. Weighing facilities (if any);

s. Estimated life of land disposal site;

t. Aesthetic considerations;

u. Leachate treatment operations, and,

v. Surface drainage control methods.

4. Closure Plan. A closure plan for all areas within the land disposal site shall be submitted. The closure plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100'). The closure plan must include the following information:

a. Date of proposed closure;

b. Methods of restricting access and preventing additional disposal;

c. Methods of protecting ground and surface water and controlling air emissions;

d. Date on which all land disposal areas will be covered with two (2) feet of final cover;

e. Date of installation of impermeable covering, if any, and planting with vegetation;

f. Final grades and method of maintaining final grades and promoting surface runoff;

g. Fences and gates;

h. Location and description of groundwater and surface water monitoring stations and provision that such monitoring shall continue on a quarterly basis for up to five (5) years after the site is closed, and

i. Legal boundaries.

5. In addition, the applicant shall set aside a post-closure monitoring fund for a monitoring period of up to thirty (30) years subsequent to the closure of the land disposal site. The applicant shall establish a post-closure monitoring and maintenance fund designated "in trust for the post-closure monitoring and maintenance of the land disposal site." A bank or other financial institution approved by the Director shall act as trustee of the trust fund. The trust instrument shall provide that the Director shall have the right to use such part of the fund as is necessary to carry out the post-closure monitoring and maintenance for the land disposal site in accordance with these rules and regulations. The trust instrument shall also provide that the Director shall determine whether post-closure expenditures are reasonable and in accordance with the closure plan. The trustee shall release these funds upon receipt of a written request from the Director.

6. Analysis of Sludge. All results of the sludge analysis required in § 3.9(M) of this Part shall be submitted.

250 R.I. Code R. 250-RICR-150-10-3.9