W. Va. Code R. § 47-38D-3

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-38D-3 - STANDARDS FOR USE, DISPOSAL AND PROCESSING OF SEWAGE SLUDGE

3.1. Incorporation of Federal Regulations. --Federal regulations 40 CFR 503, excluding sections 503.10(b)(l) and 503.20 through 503.29 inclusive, in effect on the effective date this rule, are hereby fully incorporated and implemented as a part of these sewage sludge management regulations promulgated under the authority of W. Va. Code § 22-15-20, Provided, That in instances where similar provisions exist, the more stringent requirements (state or federal) shall apply,

3.2.Sewage Sludge Land Application Siting Restrictions and Location Standards.

3.2.1. Sludge will not be applied to land that meets any of the following conditions:

3.2.1.a. Land that is frozen, snow-covered, or known to be flooded on a regular basis unless the applicant can demonstrate to the Director that the land application will not cause runoff into streams or wetlands,

3.2.1.b. Land within 50 feet of surface water to include streams,

springs, ponds, wetlands, or other collection points for surface water.

3.2.1.c. Land within 200 feat of drinking water supply wells or other personal water supply,

3.2.1.d. Land within 200 feet of an occupied dwelling.

3.2.1.e. Land within 50 feet of a federal or state highway,

3.2.1.f Land within 100 feet of an adjacent property owner's property line.

3.2.1.g. Land from which drainage leads into a sinkhole.

3.2.1.h. Land that has been tested and determined to have a pH of less than 6.2, unless the pH is adjusted to 6.2 or greater

3.2.1.i. Land that has a slope greater than 15%,

3.2.1.j. Land that has a seasonal high groundwater table less than 2 feet from the surface.

3.2.1.k. Land that has less than 6 inches of soil over bedrock or an impervious pan.

3.2.1.l. Land containing soil with surface permeability of less than 0.6 inches/hour or greater than 6 inches/hour.

3.2.2. No person or entity shall be allowed to apply sewage sludge to land in a manner that will result in exceeding the maximum soil concentration for arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc, as listed in Table 3 of this rule and the soil testing requirements of this rule. The director is authorized until December 31, 1999 to issue variances, to this section to allow land application to soils which exceed the maximum soil concentrations of metals listed in Table 3 where soil analyses demonstrate that other soil factors, including but not limited to, soil pH, cation exchange capacity, organic matter content, or clay content, will limit mobility' and availability of the metals. No later than June 30, 1999, the director shall propose revisions to Table 3 to adequately protect soil quality', human health and the environment.

3.2.2.a. The director shall assign an individual arid lifetime loading rate for each land application site by considering background soil concentrations and maximum allowable pollutant concentrations as per Table 1 and per Table 3 of this rule.

3.2.2.b. If circumstances at sewage sludge processing facilities result in short term excursions of Table 1 criteria, the Director may develop temporary loading rates, for a period not to exceed six months, based on the provisional limitations of Table 2 of this rule.

3.2.3. No land, except a solid waste facility, shall be allowed to accept or store so much sewage sludge as to exceed the agronomic rate or a rate of fifteen dry ton- per acre per year, whichever is less; Provided, That up to twenty-five dry tons per acre per year may be applied in the reclamation of surface mine land.

3.2.4. No person shall be allowed to store sewage sludge at a land application site for a period longer than one week; except, storage shall be allowed for no longer than three months where provisions, approved by the Chief of the Office of Water Resources of the Division, have been made to prevent leachate runoff into surface or groundwater. Septage storage shall only be allowed in-tank and for no more than three days, or as otherwise authorized by the Chief of the Office of Water Resources of the divison.

3.2.5. No person shall be allowed to land apply sludge except during the hours of daylight.

3.3. Sewage Sludge Processing Facility Operational and Design Requirements.

3.3.1.Sewage sludge processing facilities must adhere to the following requirements:

3.3.1.a. Areas used for processing, curing and storage of raw materials, intermediate and final products, loading and unloading areas, impoundments, pipelines, ditches, pumps and drums, sumps and tanks, must be designed, constructed and operated to prevent release of contaminants to the groundwater and surface water. Storage of finished products from the facility shall be limited to one year.

3.3.1.b. The facility must be designed and operated to control vectors and odors.

3.3.1.c. The facility must not be operated or constructed within the one hundred year flood plain unless provisions have been made to prevent the encroachment of flood waters upon the facility,

3.3.1.d. All land areas within the boundaries of a sewage sludge processing facility upon which sewage sludge, intermediate or final products come in direct contact with the land surface must be protected in accordance with the Groundwater Protection Act, W. Va. Code §20-5M and the rules promulgated thereunder.

3.4. Leachate Management Requirements.

3.4.1. Any Liquid which comes in contact with sewage sludge at a sewage sludge processing facility must be handled as leachate and is subject to the requirements of W. Va. Code §§22-11 and 12, and the rules promulgated thereunder.

3.5. Storm Water Requirements.

3.5.1. Storm water drainage must be directed around and away from the operating area, All storm, water must be collected and discharged in compliance with State Water Quality Standards and the permit issued by the Office of Water Resources of the Division.

3.6. Landfill Disposal of Sewage Sludge. -- Sewage sludge disposed at a landfill shall contain at least twenty percent (20%) solids by weight. This requirement may be met by adding or blending sand, sawdust, lime, or soil. Alternative sludge disposal methods can be utilized upon obtaining prior written approval from the Chief

3.6.1. Sewage sludge, may not represent more than twenty-five percent (25%) by weight of the total weight of waste disposed of at the landfill on any working day.

W. Va. Code R. § 47-38D-3