(1)
Purpose.
The purpose of Rule
391-3-6-.23 is to establish
procedures:
(a) For the regulation and
permitting of any land disposal site that receives septic tank waste (septage)
that is applied via subsurface injection or incorporation into the
soil;
(b) To be followed by persons
submitting to the Division engineering reports, plans and specifications, and
related materials for the construction of any system for the storage and/or
pretreatment of septage; and
(c) To
provide for public participation during the permitting process for any land
disposal site that receives septic tank waste (septage).
This Rule includes general requirements, pollutant limits,
pathogen and vector attraction reduction requirements, pretreatment standards,
management practices, monitoring, record keeping, reporting, and permitting
requirements.
(2)
Definitions.
All terms used in this Rule shall be interpreted in
accordance with the definitions as set forth in this Paragraph, in Rule
391-3-6-.17, or in any other Rules
of this Chapter:
(a) "Agronomic Rate"
is the septage application rate based on a dry weight basis determined to
provide the amount of nitrogen needed by the food crop, feed crop, fiber crop,
cover crop or vegetation grown on the land; and to minimize the amount of
nitrogen in the domestic septage that passes below the root zone of the crop or
vegetation grown on the land to the groundwater.
(b) "Annual septage application rate" is the
maximum amount of septage (dry weight basis) that may be applied to a unit area
of land during a 365-day period.
(c) "Applicant" means the owner of the site
or the operator of the site.
(d)
"Applier" is the person who applies septage to the land.
(e) "Certification" means the procedure by
which an accreditation or certification agency, a state, or a Federal agency
evaluates and acknowledges a person as meeting certain qualifications or
standards. The certification shall be valid only for the time period specified
by the agency.
(f) "Closure Plan"
means a plan approved by the Division for the clean up and closure of a Tier 2
operation and associated waste storage and pretreatment facilities.
(g) "County Board of Health" means the County
Board of Health established by the Official Code of Georgia Annotated, Title
31-3-1 or its designee.
(h) "DPH"
means the Department of Public Health of the State of Georgia.
(i) "Domestic Septage" is the liquid or solid
material removed from a septic tank, cesspool, portable toilet, type III marine
sanitation device, or a similar system that receives only domestic sewage.
Domestic septage does not include liquid or solid material removed from a
septic tank or similar treatment works that receives either commercial
wastewater or industrial wastewater. Domestic septage does not include grease
removed from a grease trap.
(j)
"Domestic Sewage" means water and wastewater from humans or household
operations that is discharged to a treatment works. This includes wastes
derived from a toilet, bath, shower, sink, garbage disposal, dishwasher, and/or
washing machine. Domestic sewage may include household sewage as well as sewage
from establishments such as schools, restaurants, businesses and motels as long
as the sewage does not contain other types of waste than those listed
above.
(k) "EPA" or "US EPA" means
the United States Environmental Protection Agency and any of its authorized
personnel.
(l) "Existing Site"
means any site that was in operation on January 1, 2002.
(m) "Land disposal" or "applied to the land"
means the spraying or spreading of septage on the land surface; the injection
of septage below the land surface; or the incorporation of septage into the
soil at agronomic rates for the purpose of soil conditioning or fertilization
of crops or vegetation grown in the soil.
(n) "Land with a low potential for public
exposure" is land that the public uses infrequently. This includes, but is not
limited to, agricultural land, forest, and a reclamation site located in an
unpopulated area.
(o) "Monitoring
well" means a well purposely installed, in accordance with Division guidelines,
to ensure monitoring results that provide an accurate representation of
groundwater quality.
(p) "New Site"
means any site that was not in operation on January 1, 2002.
(q) "Operator" or "Certified Operator" means
the person who has direct general charge of the day-to-day field operation of
the septage storage, pretreatment, and disposal system and who is responsible
for the quality of the treated septage; and who holds a valid certification
acceptable to the Division.
(r)
"Owner" means any person owning land where septage or septic tank waste will be
land applied.
(s) "Permit" means a
land disposal system permit issued to an applicant by the Division for a land
disposal site that receives septage.
(t) "Person" means any owner or operator who
applies septage to land.
(u)
"Septage" means the same as "domestic septage".
(v) "Septage management plan" means a
detailed plan of operation for land disposal of septage. The plan shall, at a
minimum, comply with these regulations, the Federal Code of Regulations, Title
40, Part 503, and any additional requirements established by the
Division.
(w) "Septage Removal and
Disposal Permit" is a permit issued by a county board of health under the Rule
for Onsite Sewage Management Systems of the Department of Public Health. The
permit authorizes a business to remove and dispose of the contents of the
on-site sewage management system.
(x) "Septic Tank Pumping and Hauling
Business" is a business that has been issued a septage removal and disposal
permit by a county board of health for the removal and/or disposal of domestic
septage.
(y) "Soil Fertility Test"
shall mean a test to determine the nitrogen, phosphorous and potassium
requirements for a crop grown on a unit of land.
(z) "Soil Report and Map" means a site
specific soil interpretative table that identifies as a minimum the following:
the name of the soil series, the percent slope, the seasonal high groundwater
table, the depth of any impervious layer, and the absorption rate for each
horizon.
(aa) "Stockpile" means to
place septage on land in piles or in any other manner that does not constitute
application to the land as defined in land disposal above.
(bb) "Tier 1 operation" means a land disposal
site that receives and land applies septic tank waste from a single permitted
septic tank pumping and hauling business.
(cc) "Tier 2 operation" means a land disposal
site that receives septic tank waste from more than one permitted septic tank
pumping and hauling business.
(dd)
"Total solids" are the materials in septage that remain as residue when the
septage is dried at 103 to 105 degrees Celsius.
(ee) "Treat, treatment, or pretreatment of
septage" is the preparation of septage for final use or disposal. This
includes, but is not limited to, thickening, stabilization, and dewatering of
septage. This does not include storage of septage.
(ff) "Vector attraction" is the
characteristic of septage that attracts rodents, flies, mosquitoes, or other
organisms capable of transporting infectious agents.
(gg) "Volatile solids" is the amount of the
total solids in septage lost when the septage is combusted at 550 degrees
Celsius in the presence of excess air.
(hh) "Well" means an excavation or opening
into the ground by which groundwater is sought for use. This term shall not
include monitoring wells used to sample for groundwater quality.
(3)
Coverage.
(a) This Rule applies to any site that
receives septage, to any person who prepares septage for land application, or
to any person who applies septage to the land for subsurface injection or
incorporation into soil. Any Tier 2 operation shall be required to adhere to
the additional requirements specified in Paragraphs (10), (17), (20), and
(21).
(b) This Rule does not apply
to:
1. Grit and screenings generated during
pretreatment of septage.
2.
Disposal of septage by means other than land application at agronomic rates via
subsurface injection or incorporation into soil with the exception of septage
applied to reclamation sites.
3.
The incineration of septage.
4. Ash
generated during the firing of septage in a septage incinerator.
5. Persons proposing to sell or give away
septage in a bag or other container for application to the land. Approval to
sell or give away such bagged or contained septage must be obtained from the
Georgia Department of Agriculture.
(4) Permit Required.
The requirements in this Rule shall be implemented through a
permit issued or reissued to an applicant. If the applicant is not the owner of
the site, then the applicant must submit a letter of agreement between the
applicant and the owner of the site.
(a) It shall be unlawful for any person to
operate a land disposal site without having first obtained a valid permit from
the Division pursuant to this Rule; provided however, that any site that as of
June 30, 2007, operated under a valid permit issued on or before such date by
the Department of Public Health under Code Section
31-2-8 may continue to operate
under such Code Section until July 1, 2014, but a permit shall be obtained from
EPD prior to such date in order to continue such operation thereafter as a Tier
1 operation in accordance with this Rule.
(b) Disposal of domestic septage by land
disposal shall only occur on land with a low potential for public
exposure.
(c) Prior to the issuance
of a land disposal permit, the applicant shall have submitted and the Division
shall have approved a septage management plan. The application for a permit and
information for the septage management plan shall be on forms provided by the
Division. All information required for the septage management plan must be
submitted prior to Division review. For Tier 1 operations the septage
management plan shall include an identified section specifying details for the
clean up and closure of the operation.
(5) Monitoring, Recording and Reporting
Requirements.
Any pollutant discharged into a land disposal system
authorized by a permit shall be subject to such monitoring, recording and
reporting requirements as may be reasonably required by the Director. These
requirements may include: the installation of monitoring wells or other
equipment; the monitoring of surface waters; the use and maintenance of such
monitoring equipment; specific requirements for recording of monitoring
activities and results; and periodic reporting of monitoring results to the
Division. The monitoring, recording and reporting requirements shall be
specified in a permit when issued, provided, however, the Director may modify
or require additional monitoring, recording and reporting by written
notification to the permittee. Any Tier 1 operations covered under this Rule
will have twenty-four (24) months after date of initial permit issuance to
comply with any groundwater or surface water monitoring, recording and
reporting requirements that may be specified in a permit.
(a) The frequency of sampling and reporting
shall be specified in the permit, but in no case shall the frequency be less
than once per year.
(b) The
permittee shall retain any records of monitoring activities and results for a
minimum of five (5) years, unless otherwise required or extended by the
Director upon written notification.
(c) Any holder of a permit that requires
monitoring of the authorized pollutant discharged into a land disposal system
shall report periodically to the Division results of all required monitoring
activities.
(6) Buffer
Criteria.
The following buffer distance requirements must be met as a
minimum. The Division may require additional buffer distances, on a
case-by-case basis.
(a) Land disposal
sites shall not be located within 300 feet of a residence or other facility or
land frequently used by the general public.
(b) Domestic septage shall not be applied
within 300 feet from the normal water level of any impoundment, tributary,
stream, or other body of water considered waters of the State; within 300 feet
of a sinkhole; within 300 feet of a marsh, wetland or coastal waters.
(c) Domestic septage shall not be applied
within 500 feet of a public, non-public, or individual well.
(d) An undisturbed vegetative buffer strip of
at least 50 feet wide shall be maintained along all streams and drainage
ditches within or adjacent to the land disposal site.
(7) Management of Land Disposal Sites.
(a) Only domestic septage shall be applied to
the site. No grease, industrial, solid or hazardous waste shall be applied on
the site.
(b) Land disposal of
domestic septage shall not be permitted unless an approved pretreatment process
has properly treated such septage. Proper pretreatment includes screening and
stabilization of all septage. Such pretreatment must occur at the land disposal
site.
(c) The pH of the soil in the
land disposal area shall be maintained at a pH amenable for growing the cover
crop. The pH shall be measured by annual soil tests.
(d) Public access to the land disposal site
shall be restricted by fencing or other means approved by the Division. The
method of public access control shall be specified in the permit.
(e) Each site entrance shall be posted with a
"No Trespassing" sign identifying the area as a land disposal site. The sign
shall include the name and address of the person or business engaging in the
land disposal of septage and the site permit number.
(f) An annual soil fertility test shall be
required and utilized to determine the agronomic application rate. No person
shall land apply domestic septage to a site on which the nitrogen requirements
have been met for the calendar year.
(g) No person shall land apply domestic
septage to a site at a rate that exceeds the annual pollutant loading rate
limit in Table 1 for arsenic, cadmium, chromium, copper, lead, mercury, nickel,
selenium and zinc.
(h) No person
shall land apply domestic septage to a site that exceeds the cumulative
pollutant loading rate limit in Table 1 for arsenic, cadmium, chromium, copper,
lead, mercury, nickel, selenium and zinc.
(i) The Division shall maintain current
minimum requirements for a septage management plan.
(j) The Division shall maintain a list of all
acceptable certification agencies and certifications.
(k) All application of septage shall be under
the general supervision of certified operator unless no acceptable
certification process exists.
(8) Vector Attraction Reduction Management.
Land application of domestic septage must meet one of the
following two vector attraction reduction management practices.
(a) Subsurface injection: Domestic septage
shall be injected below the surface of the land and no significant amount of
septage shall be present on the land surface within one hour after septage is
injected. Injection may be accomplished by any device(s) that place the septage
beneath the soil in a narrow trench at a depth of no greater than 18 inches and
promptly replaces the cover soil in the same action of trenching and placing
septage. Excavation of a trench followed by placement of septage and later
covering of the trench is not considered injection.
(b) Incorporation: Domestic septage applied
to the surface of the land shall be incorporated into the soil within six hours
after septage application.
(9) Pathogen Control Requirements.
The following management practices must be met for compliance
with pathogen control requirements.
(a) Food crops with harvested parts that
touch the land surface or that develop above the land surface shall not be
harvested for fourteen (14) months after domestic septage
application.
(b) Feed crops or
fiber crops shall not be harvested for thirty (30) days after domestic septage
application.
(c) Food crops with
harvested parts below the land surface shall not be harvested for thirty-eight
(38) months after domestic septage application.
(d) Turf grown on land where domestic septage
is applied shall not be harvested for one (1) year after domestic septage
application.
(e) Animals shall not
be allowed to graze on the land for thirty (30) days after the application of
domestic septage.
(f) Public access
shall be restricted for thirty (30) days after the application of domestic
septage.
(g) Domestic septage shall
not be applied to soils saturated with water or during rain events.
(10)
Monitoring.
The pollutants listed in Table 1, and any additional
parameters contained in the permit, shall be monitored at least once per year
for Tier 1 operations and once per quarter for Tier 2 operations.
Representative septage samples shall be analyzed in accordance with the
analytical methods contained in
40 CFR
503.8 (or as revised by EPA). All samples
shall be analyzed by a certified wastewater laboratory analyst or in a
commercial environmental laboratory that is approved under the Division's Rules
for Commercial Environmental Laboratories.
(11) Application Rate.
The annual application rate for domestic septage applied to a
land disposal site shall be based on the Division approved septage management
plan.
(12) Septage Holding
Facilities.
All septage land disposal systems shall have an alternative
method for the temporary holding of domestic septage during periods of adverse
weather. Such method(s) shall comply with Division requirements and shall be
part of the septage management plan.
(13) Record Keeping.
Individuals involved in the land disposal of domestic septage
shall maintain the following information for five (5) years. The information
shall be available for inspection at the place of business by the Division, the
DPH, the local County Board of Health, or the US EPA. A septage application
record form shall be used to record the following information:
(a) The location, by street address (if
available) and either latitude and longitude or GIS coordinates, of each site
on which domestic septage is applied.
(b) The number of acres of each site on which
domestic septage is applied.
(c)
The date, time, and quantity of domestic septage applied to each
site.
(d) The crop or vegetation
grown on each site.
(e) The rate in
gallons per acre per year at which domestic septage is applied to each
site.
(f) The cumulative loading of
the parameters in Table 1 per acre for the site(s).
(g) A description of how management
requirements for pathogen control and vector reduction requirements are
met.
(h) The name and signature of
the person who land applied the domestic septage.
(i) The person supervising the land disposal
of domestic septage at the site shall sign the following certification
statement: "I certify under penalty of law, that the pathogen control
requirements and the vector reduction requirements have been met. This
determination has been made under my direction and supervision and I am aware
that there are significant penalties for the false certification including the
possibility of fine or imprisonment".
(14)
Inspection.
(a) Representatives of the Division, the
Department of Public Health, the local County Health Department and or the US
Environmental Protection Agency, after proper identification, shall be
permitted to enter any property permitted as a land disposal site at any
reasonable time for the purpose of making inspections to determine compliance
with this Rule or the permit.
(b)
Representatives of the Division, the Department of Public Health, the local
County Health Department and or the US Environmental Protection Agency, during
inspections of the land disposal site, may review records to determine
compliance with provisions of these regulations.
(15)
Compliance.
Except as described in
391-3-6-.23(4)(a),
a land disposal site that receives septic tank waste shall not operate until
such time as the Division has issued a valid permit and the permit becomes
effective.
(16)
Modification, Revocation, Suspension and Termination of Permits.
(a) The Director shall have the power and
authority to modify, suspend, or revoke permits for good cause, including
failure to provide accurate information in the permit application or septage
management plan, or failure to comply with any provisions of the permit or this
Rule. Suspension is effective upon service of a written notice and operation
must cease immediately. The notice must state the basis for the suspension and
advise the permit holder of the right to a preliminary hearing on request
within 72 hours. If a hearing is not requested, upon correction of all
violations, the permit holder may request an inspection to reinstate the
permit.
(b) Prior to any such
modification, suspension or termination of an issued permit by the Director
(other than modification of the monitoring, recording or reporting
requirements), the Director will provide public notice and an opportunity for
public hearing in accordance with the procedures set forth in this
Rule.
(17) Application
for a Permit.
The Division may issue individual permits or coverage under a
general permit. Any person seeking coverage under an individual permit shall
submit an application for an individual permit to the Director. Any person
seeking coverage under a general permit shall submit a notice of intent, or
NOI, to the Director.
(a) Applications
for a permit required under O.C.G.A.
12-8-41 shall be on forms as may
be prescribed and furnished from time to time by the Division. Applications
shall be accompanied by all pertinent information as the Division may require,
including but not limited to complete engineering reports, closure plan,
schedule of progress, plans and specifications, maps, measurements,
quantitative and qualitative determinations, records, local ordinances
applicable to the land disposal of septage and all related materials.
(b) Engineering reports, plans, and
specifications submitted to the Division in support of a Tier 2 operation
permit application shall be prepared by a professional engineer, competent in
the field of sewage and industrial waste treatment. Other materials in support
of engineering reports, plans, specifications, and permit applications may be
prepared by other persons competent in their field.
(c) Materials submitted shall be complete and
accurate.
(d) Any permit
application form or any other form submitted to the Division shall be signed in
accordance with the following:
1. For a
corporation, by a responsible corporate officer. For this subparagraph a
responsible corporate officer means a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making functions
for the corporation; or
2. For a
partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or
3. For a
municipality, State, Federal, or other public facility, by either a principal
executive officer or ranking elected official.
(e) All other reports or requests for
information required by the permit issuing authority shall be signed by a
person designated in (d) above or a duly authorized representative of such
person, if:
1. The representative so
authorized is responsible for the overall operation of the facility, e.g., a
manager, superintendent or person of equivalent responsibility; and
2. The authorization is made by the person
designated under (d) above and written authorization of such is submitted to
the Director.
(f) Any
changes in the written authorization submitted to the permitting authority
under (e) above which occur after the issuance of a permit shall be reported to
the permitting authority by submitting a copy of a new written authorization
which meets the requirements of (e) above.
(g) Any person signing any document under (d)
or (e) above shall make the following certification: "I certify under penalty
of law that this document and all attachments were prepared under direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
(h) A complete NOI for
coverage under a general permit shall, at a minimum, meet the requirements of
paragraph
391-3-6-.19(5).
(18) Notice and Public Participation. The
notice and public participation provisions of Rule
391-3-6-.26 shall apply. The public
notice for permits with an approved Septage Management Plan will also include
publication in one or more newspapers of general circulation in the area
affected by the discharge.
(19)
Authorization Under a General Permit
(a)
Authorization to operate under a general permit shall be effective upon receipt
of notification of inclusion from the Division, except for any site that as of
June 30, 2007, operated under a valid permit issued on or before such date by
the Department of Public Health under Code Section
31-2-8. For such sites, initial
coverage shall be effective upon submission of an NOI.
(b) The Director may revoke such
authorization if the conditions of the general permit are not met, if the
septage management plan is not approvable, if the closure plan, if required, is
not approvable, or as otherwise provided for by State law.
(20) Trust Indenture for Non-governmentally
Owned Septage Systems.
For non-governmentally owned Tier 2 operations, a trust
indenture or other legal contract or agreement, acceptable to the Division,
must be filed with the application for a permit. The trust indenture or other
legal contract must establish and maintain evidence of financial responsibility
to provide for the clean up and closure of the septage treatment facilities and
the proper disposal of any remaining septage after closure of the facility.
Available financial responsibility mechanisms include but are not limited to
insurance, trust funds, surety bonds, letters of credit, personal bonds,
certificates of deposit, financial tests, and corporate guarantees.
(21) Closure Plans for
Non-governmentally Owned Septage Systems.
Prior to the issuance of a land disposal permit to a Tier 2
operation, the applicant shall have submitted and the Division shall have
approved a detailed closure plan for clean up and closure of the facility. The
closure plan shall include a schedule for completion of closure within six
months after the facility is removed from service. This plan shall be updated
with future reissuances of the permit.
(22) Duration, Transferability, and
Reissuance of Permits.
(a) Any permit issued
shall have a fixed term not to exceed five years. Upon expiration of such
permit a new permit may be issued by the Director, provided that an application
for renewal is filed with the Director at least 180 days prior to the
expiration date of the existing permit. The issuance of such new permit shall
likewise have a fixed term not to exceed five years.
(b) A permit may be transferred to another
person by a permittee if:
1. The permittee
notifies the Director of the proposed transfer;
2. A written agreement containing a specific
date for transfer of permit responsibility and coverage between the current and
new permittee (including acknowledgment that the existing permittee is liable
for violations up to that date, and that the new permittee is liable for
violations from that date on) is submitted to the Director; and
3. The Director within thirty (30) days does
not notify the current permittee and the new permittee of the Division's intent
to modify, revoke and reissue, or terminate the permit and to require that new
application be filed rather than agreeing to the transfer of the permit. A new
application will be required when the change of ownership is accompanied by a
change or proposed change in process or wastewater characteristics or a change
or a potential change in any circumstances that the Director believes will
affect the conditions or restrictions in the permit.
(23)
Enforcement.
Any person who violates any provision of the Act, any rule
promulgated and adopted pursuant thereto, or any term, condition, schedule of
compliance or other requirement contained in a permit issued pursuant to the
Act shall be subject to enforcement proceedings pursuant to the Act.
(24) Effective Date.
This Rule shall become effective twenty days after filing
with the Secretary of State's office.
Table 1
Land Application Pollutant Limits for Domestic Septage
|
Pollutant
|
Annual Pollutant Loading Rate Limits
(kilograms per hectare per 365-day period)
|
Cumulative Pollutant Loading Rate
Limits (kilograms per hectare)
|
|
Arsenic
|
2.0
|
41
|
|
Cadmium
|
1.9
|
39
|
|
Chromium
|
150
|
3,000
|
|
Copper
|
75
|
1,500
|
|
Lead
|
15
|
300
|
|
Mercury
|
0.85
|
17
|
|
Nickel
|
21
|
420
|
|
Selenium
|
5.0
|
100
|
|
Zinc
|
140
|
2,800
|
