Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-9-3 - Procedures for Obtaining a Beneficial Use Determination and Permitting Processes3.1. Basis for beneficial use determination. 3.1.a. As a part of the permit process, the generator or proposed user of filtrate must request from the Secretary, in writing, a determination that the proposed use of filtrate is a beneficial use. The Secretary shall consider a requested use on a case-specific basis or shall consider a request for a set of similar uses. The Secretary shall consider the following in reviewing a request for a beneficial use permit: 3.1.a.1. Whether the filtrate, either proposed to be used as a mixture with other materials or alone, can be demonstrated to have benefit or usefulness as a raw material;3.1.a.2. If the filtrate will be a constituent in another product, whether the resulting product, under its intended use, is not likely to adversely impact existing groundwater or surface water quality;3.1.a.3. Whether the process of manufacturing the product using the filtrate will comply with all applicable permitting requirements;3.1.a.4. Whether the filtrate may be beneficially used as an effective substitute to a commercially available product.3.1.a.5. Whether there is an existing market for the filtrate or for the product made with the filtrate, or whether there is the probability of a market coming into existence after the approval of the case-specific beneficial use.3.1.a.6. Whether the applicant has demonstrated that the filtrate will not need to be treated or otherwise chemically altered before use.3.1.b. The Secretary shall determine in writing whether to grant the request for a beneficial use permit based on consideration of subsections 3.1.a.1 through 3.1.a.6, and a showing that the following criteria have been met: 3.1.b.1. The use proposed is a reuse, and not a disposal;3.1.b.2. That where a product is being made with the filtrate there is an existing market for the filtrate or for the product made with the filtrate, or that there is the probability of a market coming into existence after the determination of the beneficial use;3.1.b.3. That the use will conform to the standards for the beneficial use of filtrate as set forth in sections 5 and 6 of this rule, and3.1.b.4. The use of the filtrate will not adversely affect human health, soil, air, surface water or groundwater.3.2. Applicability. Short-term Permit. Persons shall obtain a short-term permit approving the beneficial use of filtrate for one-time or short-term applications of filtrate as set forth in this rule.3.2.a. No person shall land apply or otherwise beneficially use filtrate subject to this rule without first obtaining a permit for such use from the Secretary. 3.2.a.1. The Secretary shall require a short-term permit for a one-time or short-term beneficial use of filtrate as set forth in this rule. Short-term permits shall be effective for a fixed term not to exceed 18 months.3.2.b. The applicant must demonstrate that the use of the filtrate will not adversely affect human health, soil, air, surface water or groundwater.3.3. Applicability. Long-term Permit. Persons shall obtain a long-term permit approving the beneficial use of filtrate for long-term applications of filtrate as set forth in this rule. 3.3.a. No person shall land apply or otherwise beneficially use filtrate subject to this rule without first obtaining a permit for such use from the Secretary. 3.3.a.1. The Secretary shall require a permit for the long-term application of filtrate at a soil improvement site as set forth in section 4 of this rule.3.3.a.2. The Secretary shall require a long-term permit for multiple or long-term applications of the beneficial use of filtrate as set forth in this rule. Long-term permits shall be effective for a fixed term not to exceed five (5) years.3.3.b. The applicant must demonstrate that the use of the filtrate will not adversely affect human health, soil, air, surface water or groundwater.