Section 0400-48-01-.22 - DOMESTIC SEPTAGE DISPOSAL(1) When permission for use is obtainable, a public, community or private wastewater treatment facility shall be used to dispose of domestic septage. When permission to use wastewater treatment facilities cannot be obtained, then a permitted domestic septage disposal site may be used in accordance with this rule. A domestic septage disposal site permit shall be obtained from the Commissioner.(2) Domestic Septage Disposal Site Permit - Any site used for the disposal of the domestic septage from septic tanks or other sewage treatment or disposal facilities covered within the provisions of these regulations shall require an annual permit from the Commissioner. The operator of the site shall obtain this permit prior to any use of the site and shall be responsible for the proper use and maintenance of the site.(3)(a) No permit under this rule shall be granted until: 1. An application is filled out in its entirety, unless otherwise specified by the Commissioner;2. The operator has demonstrated to the Commissioner that he is capable of operating the site in accordance with the regulations as set forth herein; and3. The department has determined that the site meets the minimum requirements as set forth herein.(b) A domestic septage disposal site permit may be denied, suspended or revoked when the disposal site does not meet the minimum requirements as set forth herein or where it is determined that the operator is not operating the site in accordance with the regulations as set forth herein.(4) Application for permit shall contain the following: (a) Business name, address and telephone number of operator;(b) Name, address and telephone number of applicant;(c) Written permission of the landowner. The landowner must agree, in writing, to abide by the land use restrictions as provided in these rules;(d) A high intensity soil map of the proposed disposal area prepared in accordance with Rules subparts (3)(a)1(i) and (3)(a)(2)(i) of Rule 0400-48-01-.03. This map must note any areas where slope exceeds twelve (12) percent or where there is less than twenty-four (24) inches of soil material before subsurface bedrock formations, fragipans, seasonal high water table or water are encountered;(e) A plat, with seal and signature of a registered surveyor, of sufficient scale and accuracy to locate pertinent features. This plat shall include, but not be limited to, the property boundaries, disposal boundaries, buildings, underground utilities, roads, surface waters, water supplies, water courses, sinks, sinkholes, caves, etc.;(f) The crop to be grown on the disposal site for the coming year; and(g) Any additional information that the Commissioner determines is necessary to properly evaluate the site.(5) Permits for Domestic Septage Disposal Site(a) Permits shall not be transferable or assignable and shall automatically become invalid upon a change of land or business ownership or upon suspension or revocation.(b) Permits shall expire on the 31st day of December, following the date of issuance.(c) When a permit has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of the denial, suspension or revocation. Any hearing granted under this section shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq.(6)(a) Land application of domestic septage shall be approved as follows:1.(i) The pH of the domestic septage shall be raised to a minimum of twelve (12) or higher by the addition of an alkali such as hydrated lime or quicklime, and without adding more alkali, the domestic septage shall remain at a pH of twelve (12) or higher for at least thirty (30) minutes prior to being land applied;(ii) Domestic septage shall be injected below the surface of the soil. When domestic septage is injected below the surface of the soil, no significant amount of domestic septage shall be present on the surface of the soil within one (1) hour after the domestic septage is injected; or(iii) Domestic septage shall be incorporated into the surface of the soil within six (6) hours of land application; and2. The vehicle must be in motion during land application to evenly distribute the domestic septage over the site. A splash plate or other effective method of dispersal shall be used for land application.(b) Grease and/or the contents of grease traps shall not be disposed of at any domestic septage disposal site approved under these rules.(c) Commercial or industrial wastewater shall not be disposed of at any domestic septage disposal site approved under these rules.(d) The contents of portable toilets, Type III marine sanitation devices, or similar materials shall not be applied to domestic septage disposal sites unless the site is approved in conjunction with the Director of the Division of Water Resources.(7) Site Restrictions (a) Soil requirements 1. Domestic septage disposal sites shall have a slope of twelve (12) percent or less.2. The soil material in the domestic septage disposal site shall be at least twenty-four (24) inches deep before subsurface rock formations or seasonal ground water is encountered.3. Domestic septage disposal sites shall have a well-established sod cover unless domestic septage is injected below the soil surface or incorporated into the soil surface within six (6) hours of land application.4. The minimum soil absorption rate shall be thirty (30) minutes per inch. There are no upper limits on soil absorption rates.(b) The annual application rate (AAR) for domestic septage shall not exceed the annual application rate calculated using the equation: Click to view Image
Where:
AAR=Annual application rate in gallons per acre per 365 day period.
N=Amount of nitrogen in pounds per acre per 365 day period needed by the crop or vegetation grown on the land.
Once the annual application rate has been reached for an approved domestic septage disposal site, no additional domestic septage disposal will be allowed on that site during that calendar year.
(c) The location of the disposal site shall be selected in accordance with the following minimum distances: 1. Five hundred (500) feet from any habitable building or public use area. With the owner's permission, the site may be within a lesser distance of his residence.2. One hundred (100) feet from adjoining property, any highway or public road, sink, cave or bedrock outcrop.3. Three hundred (300) feet from surface waters or any point where it can pollute any water course or groundwater.4. Five hundred (500) feet from water supplies or bathing areas.5. No disposal in areas subject to flooding, as determined by the department.(d) Grazing restrictions - Animals shall not be allowed to graze on the land for thirty (30) days after application of domestic septage.(e) Public access to the domestic septage disposal site shall be restricted for one year after application of domestic septage. Examples of restricted access include remoteness, posting "no trespassing" signs and/or simple fencing.(f) Crop restrictions 1. Food crops with harvested parts that touch the domestic septage/soil mixture and are totally above ground shall not be harvested for fourteen (14) months after application of domestic septage.2. Food crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of domestic septage.3. Animal feed, fiber and those food crops that do not touch the soil surface shall not be harvested for thirty (30) days after application of domestic septage.(8) Facility Standards (a) Storage facilities shall be identified and approved and must be used if pumping is continued when the site is not accessible or usable.(b) Mixing facilities for lime and domestic septage shall be identified, inspected and approved by the Commissioner.(c) Mixing tanks must be watertight, structurally sound and not subject to excessive corrosion or decay.Tenn. Comp. R. & Regs. 0400-48-01-.22
Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from1200-01-06.Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.