401 KAR 48:200 - Landfarming and composting
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.70, 224.99
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 and the waste management
provisions of KRS Chapter 224 require the Natural Resources and Environmental
Protection Cabinet to adopt administrative regulations for the disposal of
solid waste. This chapter establishes standards for solid waste sites or
facilities. This administrative regulation sets forth the permit
Section 1. Applicability.
(1) The requirements in this administrative
regulation apply to any person disposing of solid waste by landfarming and
composting.
(2) The cabinet shall
not permit the land application of a solid waste that may present a threat to
human health and the environment. The land application suitability of solid
wastes shall be evaluated by the cabinet on a case-by-case basis. The applicant
shall submit a request for a determination of waste classification with the
submittal of a notice of intent to apply. The cabinet may base a decision as to
the land application suitability of a particular waste upon the ability of the
waste to biodegrade in the environment, the potential for the waste to be
managed in a manner consistent with
401 KAR
47:030, the likelihood that waste constituents shall
contaminate surface water or groundwater , the potential for nuisances from
odors or unsightly conditions, and the potential for the waste to harm human
health or the environment.
(a) Municipal water
treatment sludges, municipal wastewater treatment sludges, or food service
industry wastes shall be classified according to the maximum dry weight
concentration of heavy metals based on the average concentration of metals in a
minimum of two (2) consecutive samples taken no closer than thirty (30) days
apart. The cabinet may deny the landfarming of a solid waste based upon health
considerations in addition to the presence in the waste of excessive
concentration of the five (5) heavy metals listed below. The sludges shall be
placed in classes based on the concentration of the following heavy metals:
1. Cadmium;
2. Copper;
3. Lead;
4. Nickel; and
5. Zinc.
(b) Sludges or solid wastes other than
municipal water treatment sludges, municipal wastewater treatment sludges, or
food services industry solid wastes shall be classified using additional
parameters based upon the source, chemical and physical characteristics of the
waste and their potential for adverse impact on human health or the
environment.
(3) The
concentration for heavy metals in each class of sludge or solid waste shall be
those indicated in Table 1 of this subsection. A single metal parameter shall
be sufficient to require a solid waste to be classified as Class II or III.
|
Table 1. Heavy Metal Concentrations |
|
|
Parameters for Class I Concentration |
|
|
Cadmium |
Less than or equal to 10 mg/kg |
|
Copper |
Less than or equal to 450 mg/kg |
|
Lead |
Less than or equal to 250 mg/kg |
|
Nickel |
Less than or equal to 50 mg/kg |
|
Zinc |
Less than or equal to 900 mg/kg |
|
Parameters for Class II Concentration |
|
|
Cadmium |
Greater than 10 mg/kg and less than or equal to 30 mg/kg |
|
Copper |
Greater than 450 mg/kg and less than or equal to 900 mg/kg |
|
Lead |
Greater than 250 mg/kg and less than or equal to 500 mg/kg |
|
Nickel |
Greater than 50 mg/kg and less than or equal to 100 mg/kg |
|
Zinc |
Greater than 900 mg/kg and less than or equal to 1800 mg/kg |
|
Parameters for Class III Concentration |
|
|
Cadmium |
Greater than 30 mg/kg |
|
Copper |
Greater than 900 mg/kg |
|
Lead |
Greater than 500 mg/kg |
|
Nickel |
Greater than 100 mg/kg |
|
Zinc |
Greater than 1800 mg/kg |
(4)
Sludge or solid waste classifications shall be reevaluated based upon the
annual analyses submitted in the annual landfarming review.
(5) A registered permit-by-rule may be issued
based upon the information submitted in the registration on a form prescribed
by the cabinet in Section 18 of this administrative regulation for land-farming
of solid waste classified as Class I wastes, composted solid waste sludge , or
sludge giveaway programs.
(6) A
landfarming permit may be issued based upon the information submitted in the
application for solid wastes classified as Class II or III.
(7) Solid waste heavy metal concentration
values are determined on a dry weight basis. Analysis shall be accomplished by
determining the heavy metal concentration of the undried sample and determining
the heavy metal content using the solids content of the original sample and
computing the heavy metals content of the sludge on a dry weight basis. Results
of the laboratory determination shall include the solids content, the wet
weight and dry weight content when they are submitted to the cabinet.
Section 2. Notice of Intent to
Apply. All applicants for a landfarming permit or a registered permit-by-rule
shall submit a notice of intent to apply for a landfarming permit that shall
contain the following information:
(1) Names,
addresses, and telephone numbers of the landowner, applicant and waste
producer. If the applicant is a government agency, corporation, company or
partnership, include the name, address and telephone number of the process
agent or contact individual;
(2)
Sludge analyses in accordance with Section 1(2)(a) of this administrative
regulation to receive a classification rating;
(3) An original, current 7.5 minute United
States Geological Survey quadrangle topographic map with the proposed
landfarming site boundary clearly marked;
(4) A soil conservation service soils map
with the proposed landfarming site boundary clearly marked;
(5) A survey of all groundwater wells and
springs within a one-fourth (1/4) mile radius of the proposed landfarming site
boundary;
(6) A description of the
water or wastewater treatment processes including design capacity, current
hydraulic operating conditions, and the sludge treatment systems. A schematic
diagram showing the treatment plant processes shall be included. All chemicals
used in the treatment process shall be listed by type and amount
used;
(7) For publicly owned
treatment works with pretreatment programs, a list of facilities which
discharge waters to the treatment system and the quantities and characteristics
of the wastes that are discharged to the facility ;
(8) Any other additional information required
by the cabinet.
Section
3. Contents of Permit Applications. Any person desiring a
landfarming facility permit shall submit a complete application to the cabinet.
The applications shall be on a form and presented in a manner prescribed by the
cabinet, and shall include, but not be limited to the following:
(1) Names, addresses and telephone numbers of
the landowner, applicant, waste producer and person who completed the
application form. If the applicant is a government agency, corporation, company
or partnership, include the name, address and telephone number of process agent
or other contact individual;
(2) A
written description of the location of the proposed landfarming site and the
address of the property on which the proposed landfarming site is
located;
(3) A copy of the deed to
the property and a copy of the proposed landfarming lease agreement if the
landowner is not the applicant;
(4)
A geological report of the site , including:
(a) A physical description of soils in the
uppermost five (5) feet identifying the soil texture, erodibility, available
moisture capacity, and permeability;
(b) A current soil analysis to determine the
soil pH and cation exchange capacity (CEC) value;
(c) A delineation of soil by series on a U.S.
Soil Conservation Service soils map, or on a map prepared by the soil
conservation officer or a soil scientist; and
(d) A description of the surface and
subsurface geology including depth to bedrock, depth to seasonal high
groundwater table , karst formations, and names and descriptions of geologic
formations.
(5) A
description of the solid wastes to be disposed, including the inventory of
industrial users and pollutants required in Section 9(7) of
401
KAR 5:055, including:
(a) The type, waste producer and total
estimated quantity of solid waste per year to be disposed;
(b) A description of stabilization methods
utilized to reduce pathogens in accordance with Section 11 of this
administrative regulation; and
(c)
A physical and chemical analysis including: percent total solids; volatile
solids; total potassium; total phosphorus; total nitrogen; ammonium nitrogen
(NH4-N); nitrate nitrogen
(NO3-N); pH; and the amount of cadmium, copper, nickel,
zinc, lead, chromium, and polychlorinated biphenyls (PCBs).
(6) An original current United
States Geological Survey topographic map within the land application unit
clearly marked;
(7) An enlargement
of a current United States Geological Survey topographic map. The enlarged map
shall have a minimum scale of one (1) inch equals 400 feet and the contour
interval as published. This map shall contain the following:
(a) The property lines and the boundaries of
the proposed site ;
(b) Proposed
land application unit and subplots, numbered sequentially, with the land
application unit;
(c) Access and
proposed or existing roads;
(d)
Streams, areas of standing water such as lakes, ponds or marshes, and sinkholes
on the site and within 1000 feet of the proposed site boundary;
(e) All existing manmade features within 1000
feet of the proposed site boundary including structures, public roads,
utilities and water wells;
(f) The
boundaries of the 100 year flood plain if applicable;
(g) The delineation of existing site surface
water drainage, and existing and proposed run-off /run-on structures;
(h) Steepest slope of each subplot (numerical
value) on the proposed landfarming site ;
(i) Boundaries of any and all buffer zones
with the distance marked; and
(j)
Map legend showing all symbols used, total site acreage, and quadrangle
name.
(8) The complete
application narrative shall include:
(a) A
description of the application method(s), equipment, and transportation method
from the point of waste production to the proposed site ;
(b) Waste storage provisions to be utilized
during adverse weather conditions or equipment breakdowns;
(c) Annual application rates per acre based
on waste quality as specified in Section 9 of this administrative
regulation;
(d) The cropping
program for each subplot and the schedule of waste application for each subplot
for a period of two (2) years from the date of permit issuance;
(e) A farm management plan for the area to be
landfarmed;
(f) A description of
the proposed site including any previous waste applications;
(g) Written recommendations of the county
agricultural extension agent for crop nitrogen requirements, and any additional
fertilizer and soil amendment needed;
(h) A description of how land application
units and subplot boundaries shall be marked to ensure that the units and
subplots can be identified during the life of the permit;
(i) A description of where the landfarming
records shall be maintained and the person who is responsible for their
upkeep;
(j) The name, address,
phone number, and certification number of the state certified landfarming
operator of the proposed landfarming site ;
(k) Additional information necessary for the
cabinet to make a determination that the proposed activity shall not adversely
affect human health or the environment; and
(l) A statement from the owner or operator
that the landfarming of solid waste in the county where the landfarm facilities
are located is consistent with the requirements of the solid waste management
plans pursuant to KRS Chapters 109 and 224. When landfarming is not determined
to be consistent with local requirements, the inconsistencies shall be
identified.
Section
4. Requirements for Registered Permits-by-rule. Registered
permits-by-rule shall complete the registration, prescribed on a form approved
by the cabinet, containing the information in Section 18 of this administrative
regulation. Owners and operators shall not be required to submit an application
as specified in Sections 2, 3, 5 and 6 of this administrative
regulation.
Section 5. Additional
Requirements for Class II Sludge Permit Applications. In addition to the
requirements for an application in Section 3 of this administrative regulation,
applicants for landfarming permits for Class II sludge shall submit in the
application the following:
(1) A list of all
surface water bodies within a one-half (1/2) mile radius of the proposed land
application unit boundary;
(2) The
usage of each surface water body listed in accordance with subsection (1) of
this section;
(3) A list of all
groundwater wells, springs and sinkholes within a one-half (1/2) mile radius of
the proposed land application unit boundary;
(4) The name of the owner of the property on
which the surface water body, well , spring, or sinkhole is located;
and
(5)
(a) The applicant shall prepare a groundwater
quality assurance plan. The plan shall include but not be limited to:
1. A description of the surface and
subsurface geology of the site ; and
2. A description of the hydrologic
characteristics of the site .
(b) Upon examination of geological aspects
and other relevant factors by the cabinet, the applicant may be required to
prepare a groundwater monitoring plan to include location and specifications of
wells, monitoring parameters and monitoring schedules in accordance with
401
KAR 48:300.
Section 6. Additional Requirements for Class
III Sludge Permit Applications. In addition to the requirements for an
application in Section 3 of this administrative regulation, applicants for
landfarming permits for Class III sludge shall submit in the application the
following:
(1) A list of all surface water
bodies within a one-half (1/2) mile radius of the proposed land application
unit boundary;
(2) The usage of
each surface water body listed in accordance with subsection (1) of this
section;
(3) A list of all
groundwater wells, springs and sinkholes within a one-half (1/2) mile radius of
the proposed land application unit boundary;
(4) The name of the owner of the property on
which the surface water body, well , spring, or sinkhole is located;
and
(5)
(a) The applicant shall prepare a groundwater
quality assurance plan. The plan shall include but not be limited to:
1. A description of the hydrologic
characteristics of the site ; and
2.
A description of the surface and subsurface geology of the site .
(b) The applicant shall submit a
groundwater monitoring plan to include location and specifications of wells,
monitoring parameters, and monitoring schedules in accordance with
401
KAR 48:300.
Section 7. Siting Considerations.
(1) Solid waste shall not be applied in the
100 year flood plain unless the waste is injected or incorporated.
(2) The land application unit shall have a
minimum of four (4) feet of soil between the soil surface and both the seasonal
high water table and bedrock.
(3)
Solid waste application shall not be located on soils with a permeability rate
greater than six (6) inches per hour or less than two-tenths (0.2) inches per
hour.
(4) Land application units
shall not be located on land with a slope greater than fifteen (15)
percent.
Section 8.
Operating Requirements.
(1) The owner or
operator shall cause, suffer, or allow all of the requirements, specifications
and standards of this section to be met.
(a)
Prior to applying sludges to the land, all sludges shall be processed to
significantly reduce pathogens. Approved processes to reduce pathogens are
aerobic digestion, air drying, anaerobic digestion, composting or lime
stabilization as specified in Section 11 of this administrative
regulation.
(b) Other methods or
operating conditions may be acceptable as processes to significantly reduce
pathogens. Such processes shall be deemed equivalent based upon the reduction
of pathogens and volatile solids.
(2) A certified landfarming operator shall be
available to the landfarming site during sludge application . All sludge
applications are to be accomplished under the direction of a certified
landfarming operator .
(3) When
surface application is used in conjunction with soil incorporation methods,
incorporation shall occur within forty-eight (48) hours of sludge
application .
(4) Surface
application without incorporation into the soil shall not be used on land
without established vegetative cover or crop residue of at least seventy-five
(75) percent.
(5) No hazardous
wastes or mixtures of hazardous and solid waste shall be disposed, discharged
to or placed in a landfarming site .
(6) No toxic wastes or mixtures of toxic and
nontoxic wastes regulated under the Toxic Substances Control Act shall be
disposed, discharged to or placed in a landfarming site .
(7) The following agricultural use
restrictions apply:
(a) Land spreading shall
not occur on land where leafy vegetables or root crops for human consumption
shall be harvested within twelve (12) months;
(b) Land spreading shall not occur on land
where crops for direct human consumption, other than leafy vegetables or root
crops, are harvested within two (2) months;
(c) Dairy grazing shall be prohibited for six
(6) months after land spreading, other livestock grazing shall be prohibited
for three (3) months;
(d) When the
annual application rate of cadmium exceeds 0.44 pound per acre, food chain
crops shall not be utilized in the following cropping season; and
(e) Solid waste shall not be land spread
where tobacco is harvested within five (5) years of waste application if the
annual application rate of cadmium from the sludge exceeds 0.44 pound per acre
at any time during the life of the site .
(8) The general public shall be restricted
from the application zone for a period of twelve (12) months after each
application .
(9) Solid waste shall
not be land spread on frozen, snow-covered, ice-covered, or water-saturated
soil, or during any precipitation event.
(10) No solid waste shall be applied in
excess of schedules and rates of waste application approved by the
cabinet.
(11) No raw or
unstabilized solid waste shall be landfarmed. No person shall cause, allow or
permit the discharge of air pollutants which cause or contribute to an
objectionable odor.
(12) The amount
of any single surface application shall not be greater than an average one-half
(1/2) inch in thickness.
(13) High
pressure spray irrigation of sludge which produces aerosols shall be
prohibited.
(14) Subplots
determined in Section 3(8)(h) of this administrative regulation shall be staked
or otherwise clearly marked in the field.
(15) Buffer zone distances shall be
maintained in accordance with Table 2 of this subsection.
|
Table 2 Required Buffer Zones Minimum Distance in Feet from the
Boundary of the |
||
|
Structure or Object |
Surface Injection |
All Other Means of |
|
Residences & occupied buildings |
250 |
500 |
|
Drinking water |
250 |
500 |
|
Surface water body |
250 |
500 |
|
|
250 |
500 |
|
Karst feature |
250 |
500 |
|
Public road |
30 |
50 |
|
|
30 |
50 |
|
|
30 |
50 |
|
Property line |
30 |
50 |
(16)
Surface water or solid waste ponding within the application zone shall be
prohibited.
(17) Surface
run-off /run-on shall be controlled to minimize the possibility of applied solid
waste contaminating nearby surface water or adjacent land areas.
(18) The permit or registered permit-by-rule
holder shall maintain records of all landfarming activities on forms provided
by the cabinet throughout the operation of the site . The records shall at a
minimum contain the schedules and rates of waste application and all laboratory
analyses. Records shall be made available to the cabinet upon
request.
(19) An annual report of
landfarming activities shall be submitted to the cabinet sixty (60) days prior
to the anniversary date of the permit or registered permit-by-rule issuance.
The report shall be submitted on forms provided by the cabinet.
(20) Operational monitoring shall be
performed on the following schedule:
(a) Soil
shall be sampled annually in accordance with the soil monitoring plan in the
approved permit application ; and
(b) Solid waste from municipal wastewater
treatment, municipal water treatment facilities and food service industry
wastes shall be sampled in accordance with Table 3 of this paragraph or more
frequently if required by the cabinet. Other solid waste shall be sampled in
accordance with a schedule approved by the cabinet. Solid waste shall be
analyzed for solids content, pH, ammonium nitrogen
(NH4-N), nitrate nitrogen
(NO3-N), total nitrogen, total phosphorus, total
potassium, PCBs, chromium, copper, zinc, nickel, lead, and cadmium. Laboratory
analysis results shall be reported in milligrams per kilogram wet and dry
weight.
|
Table 3 Required Sampling Schedule |
|
|
Design Treatment Capacity (gallons per day) |
Samples Per Year |
|
Less than 100,000 |
1 |
|
100,001 -1,000,000 |
2 |
|
1,000,001 -10,000,000 |
4 |
|
More than 10,000,000 |
12 |
(21) Soil pH shall be six and five-tenths
(6.5) or greater during crop production, hay production or grazing.
(22) Solid waste containing concentrations of
polychlorinated biphenyls greater than one (1) milligram per kilogram shall not
be landfarmed.
(23) The maximum
amount of metals from solid wastes that may be applied during the life of the
site shall be based upon the cation exchange capacity of the soil and shall be
those in Table 4 of this subsection.
|
Table 4 Maximum Amount of Metals |
|||
|
|
|||
|
Parameter |
0.5 |
5-15 |
15+ |
|
Lead |
500 lbs/ac. |
1000 lbs/ac. |
2000 lbs/ac. |
|
Cadmium |
4.46 lbs/ac. |
8.02 lbs/ac. |
17.84 lbs/ac. |
|
Copper |
125 lbs/ac. |
250 lbs/ac. |
500 lbs/ac. |
|
Nickel |
50 lbs/ac. |
100 lbs/ac. |
200 lbs/ac. |
|
Zinc |
250 lbs/ac. |
500 lbs/ac. |
1000 lbs/ac. |
The following equation shall be used to determine the maximum number of tons of solid waste per acre that may be land spread without exceeding the above limitations:
Tons waste/acre = (lbs per acre for each parameter from Table 4) (dry mg/kg of metal in waste sample) x 0.002
(24) The amount of nitrogen land spread shall
not exceed the nitrogen utilization rate of the vegetative cover in the
application zone.
(25) If the
laboratory analyses and calculations to determine quantities of metals applied
to the soil discloses that the cumulative concentration of a contaminant is
above the maximum level permitted under subsection (23) of this section, a
written notice shall be given to the cabinet within ten (10) days of receipt of
the monitoring results. The permittee shall cease further landfarming and
submit to the cabinet within forty-five (45) days a report describing proposed
corrective actions to be taken by the permittee . A notice shall be recorded on
the property deed within forty-five (45) days of receipt of the monitoring
results stating that the property has received solid waste at concentrations
exceeding permitted levels, and that food chain crops shall not be grown due to
possible health hazards.
(26) In
addition to the operating requirements in this section, an owner or operator
who is land-farming Class I sludges shall limit the annual application rate to
a maximum of fifteen (15) dry tons of sludge per acre per year.
(27)
(a) In
addition to the operating requirements in this section, the owner or operator
who is land-farming Class II sludge shall sample surface water quarterly.
Parameters to be monitored shall include pH, ammonium nitrogen
(NH4-N), fecal coliform bacteria, chromium, biological
oxygen demand, total organic carbon, and total dissolved solids. A minimum of
one (1) upgradient and one (1) downgradient sampling point is
required.
(28)
(a) In
addition to the operating requirements in this section, the owner or operator
who is land-farming Class III sludge shall sample surface water quarterly.
Parameters to be monitored shall include pH, ammonium nitrogen
(NH4-N), fecal coliform bacteria, chromium, biological
oxygen demand, total organic carbon, and total dissolved solids. A minimum of
one (1) upgradient and one (1) downgradient sampling point is
required.
Section 9. Application Rates.
(1) The annual application rate shall be the
lesser of the application rates as determined for cadmium and for nitrogen
utilization.
(2) Determine the
percent of available organic nitrogen in the waste using the following
calculation:
Percent available organic N = (percent total N) - (percent NH4-N) - (percent NO3-N)
(3) Determine the amount of
nitrogen that shall be available for plant uptake at the landfarming site using
one (1) of the following calculations depending on the application method:
(a) Incorporation:
Lbs available N/ton = (percent NH4-N x 20) + (percent NO3-N x 20) + (percent available organic N x 4)
(b) Surface
application :
Lbs available N/ton = (percent NH4-N x 10) + (percent NO3-N x 20) + (percent available organic N x 4).
Tons/acre = Nitrogen utilization rate of vegetative cover Lbs available organic N/ton
(4) The annual application rate of cadmium
from solid waste shall not exceed 0.44 pounds per acre. The annual application
rate shall be determined using the following calculation:
Tons/acre = pounds of allowable cadmium per acre (mg per kg of cadmium in sample) x 0.002
Section 10. Closure. An owner or operator of
a permitted landfarming site shall submit to the cabinet a closure report to
include:
(1) The results of final soil samples
taken in accordance with the operational permit between twelve (12) and
thirteen (13) months following the last application of solid waste;
(2) The results of final surface water
samples taken in accordance with the operational permit between twelve (12) and
thirteen (13) months following the last application of solid waste for all
Class II and Class III permit holders;
(3) A historical summary of all landfarming
by subplot showing the allowable and actual rates of solid waste application ,
heavy metals and nitrogen;
(4) When
heavy metal applications exceed the amounts listed in Table 4 in Section 8(23)
of this administrative regulation, the owner shall immediately commence closure
of the facility and submit a copy of the notice in the deed that shall advise
all future landowners in perpetuity that heavy metal concentrations exceed
those allowed by this administrative regulation; and
(5) The results of final groundwater samples
in accordance with the operational permit taken between twelve (12) and
thirteen (13) months following the last application of solid waste by all Class
III and those Class II permits required to monitor groundwater .
Section 11. Processes to
Significantly Reduce Pathogens.
(1) Aerobic
digestion. The process shall be conducted by agitating sludge with air or
oxygen to maintain aerobic conditions at residence times ranging from sixty
(60) days at fifteen (15) degrees celsius to forty (40) days at twenty (20)
degrees celsius, with a volatile solids reduction of at least thirty-eight (38)
percent.
(2) Air drying. Liquid
sludge shall be allowed to drain or dry on underdrained sand beds, or paved or
unpaved basins in which the sludge shall be at a depth of nine (9) inches. Air
drying shall be conducted for a minimum of three (3) months, with two (2)
months of temperatures which average on a daily basis above zero degrees
celsius.
(3) Anaerobic digestion.
The process shall be conducted in the absence of air at residence times ranging
from sixty (60) days at twenty (20) degrees celsius to fifteen (15) days at
thirty-five (35) degrees celsius to fifty-five (55) degrees celsius, with a
volatile solids reduction of at least thirty-eight (38) percent.
(4) Composting. Using the within-vessel ,
static aerated pile or windrow composting methods, the solid waste shall be
maintained at minimum operating conditions of forty (40) degrees celsius for
five (5) days. For four (4) hours during this period, the temperature shall
exceed fifty-five (55) degrees celsius.
(5) Lime stabilization. Sufficient lime shall
be added to produce a pH of twelve (12) for two (2) hours of contact
time.
(6) Other methods. Other
methods or operating conditions may be acceptable if pathogens and vector
attraction of the waste (volatile solids) are reduced to an extent equivalent
to the reduction achieved by any of the above methods.
Section 12. Permit Modification.
(1) Landfarming permits shall be issued to
the operator and may include application zones which are not located
contiguously.
(2) Class II and
Class III sludge landfarming permit holders may add sites through permit
modification procedures with the following conditions:
(a) The permit holder shall submit the
appropriate information in accordance with Section 3 of this administrative
regulation; and
(b) A public notice
shall be published and no permit modification granted until a minimum of thirty
(30) days has passed from the date publication of the notice and the condition
of Section 2 of
401 KAR
47:140 and
401
KAR 47:130 have been met.
Section 13. Distribution
of Sludge .
(1) A municipal water or wastewater
treatment sludge producer may give away Class I or Class II sludge to
individuals for subsequent use as a soil conditioner. This program shall be
operated under a registered permit-by-rule in accordance with
401 KAR
47:110. The maximum amount of sludge that may be
distributed annually to any individual is limited to 2000 pounds (dry
weight).
(2) Producers of Class I
or Class II municipal water or wastewater sludge shall submit the following
application requirements for the sludge giveaway program:
(a) A sludge analysis as required in Section
1 of this administrative regulation that demonstrates the sludge is Class I or
II;
(b) A description of the
distribution system;
(c) A
recordkeeping system to include the name and address of individuals receiving
sludge and the total quantity of sludge received; and
(d) A description of the process to
significantly reduce pathogens.
(3) During operation of the giveaway program
the producer shall:
(a) Maintain a list of
names and addresses of all individuals receiving the sludge ;
(b) Submit annually to the cabinet the sludge
analysis performed in accordance with the schedule contained in Table 3 in
Section 8(20) of this administrative regulation;
(c) Provide to individuals receiving waste,
copies of the sludge analyses and a brochure, to be published by the cabinet,
explaining the proper procedures to be utilized in the landfarming of sludge ;
and
(d) Use a process to
significantly reduce pathogens in accordance with Section 11 of this
administrative regulation.
Section 14. Sludge Composting. Sludge shall
be composted under a registered permit-by-rule in accordance with
401 KAR
47:110.
(1) Producers
of Class I or Class II municipal wastewater sludge shall register on a form
prescribed by the cabinet containing the following information:
(a) A sludge analysis as required in Section
1 of this administrative regulation that demonstrates the sludge is a Class I
or II;
(b) A description of the
system and the manufacturer's performance data for mechanical composting
systems;
(c) A site layout,
including an enlarged topographic map with a scale of one (1) inch equals 400
feet along with calculations for area requirements;
(d) A sludge analysis for the following
parameters (by dry weight): percent total solids; volatile solids; total
potassium; total phosphorus; total nitrogen; ammonium nitrogen
(NH4-N); nitrate nitrogen
(NO3-N); pH; and total cadmium, copper, nickel, zinc,
lead, chromium, and polychlorinated biphenyls (PCBs);
(e) A process design that shall describe:
1. Use of bulking agents, moisture control,
or feed amendments;
2. Temperature
ranges and residence times;
3.
Storage of compost during curing after the primary composting
operation;
4. Provision for
additional drying and screening;
(f) A marketing and distribution
plan;
(g) Specifications for the
final product;
(h) A description of
closure procedures for the composting site ; and
(i) A narrative detailing the methods that
the owner or operator shall use to comply with the environmental performance
standards in
401 KAR
47:030.
(2) Any person who composts wastewater
treatment or water treatment sludge shall:
(a)
Use only Class I or Class II sludges for composting;
(b) Use a composting process to further
reduce pathogens in accordance with subsection (3) of this section;
(c) Keep a record of all recipients who
receive more than twenty (20) cubic yards in any given month;
(d) After the composted sludge has completed
the curing process, distribute or dispose within one (1) year at least
seventy-five (75) percent of the compost; and
(e) Dispose of any materials that do not meet
standards for distribution within one (1) month of such a determination in an
approved facility .
Section
15. Solid Waste Composting. Solid wastes shall be composted under
a registered permit-by-rule as allowed by
401 KAR
47:110.
(1) This
section shall apply to any and all persons who compost solid waste other than
wastewater treatment sludge for distribution.
(2) Owners and operators of registered
permit-by-rule solid waste composting facilities shall register on a form
prescribed by the cabinet containing the following information:
(a) A complete description of the solid waste
to be composted;
(b) A description
of the system and the manufacturer's performance data for mechanical composting
systems;
(c) Site layout, including
a map;
(d) A process description
which shall include the appropriate items as follows:
1. Use of bulking agents, moisture control or
feed amendments;
2. Temperature
ranges and residence times;
3.
Storage of compost during curing after the primary composting operation;
and
4. Provision for additional
drying and screening.
(e)
A marketing and distribution plan;
(f) Specifications for the final
product;
(g) A plan for the closure
of the composting site ; and
(h) A
narrative of the methods that the owner or operator shall use to comply with
the environmental performance standards in
401 KAR
47:030.
(3) Any person who composts solid waste other
than wastewater treatment or water treatment sludge shall:
(a) Keep a log of recipients who receive more
than twenty (20) cubic yards in any given month;
(b) Maintain a record of the amount of solid
waste that is composted and the date it is initiated and completed;
and
(c) After the composted solid
waste has completed the curing process, distribute or dispose within one (1)
year at least seventy-five (75) percent of the
compost.
Section
16. Compliance Schedule. This section applies to all persons who
were issued a land-farming permit prior to May 8, 1990, and continue operation
of their landfarming facility . Such persons shall do the following:
(1) Comply with the environmental performance
standards of
401 KAR
47:030;
(2) Implement the operational requirements of
Section 8 of this administrative regulation and continue with the monitoring
requirements as prescribed in the landfarming permit;
(3) Submit the annual landfarming review for
the landfarming permit sixty (60) days prior to the anniversary date of the
permit issuance;
(4) Upon receipt
and review of the annual landfarming review, the cabinet shall assign a
classification rating to the solid waste and notify the permit holder of any
additional information needed to amend the landfarming permit such that it
complies with the terms of 401 KAR 48:200.
(5) Any person who qualifies for a registered
permit-by-rule for landfarming shall notify the cabinet of his intent to
continue operation of the facility by submitting a registration by October 1,
1990. Failure to submit the registration form shall result in the appropriate
enforcement actions pursuant to KRS Chapter 224.
(6) Persons who were issued a permit prior to
May 8, 1990, except those qualifying for a registered permit-by-rule, and fail
to file the required information or respond to correspondence pertaining to
their permit within the dates established in the correspondence, shall no
longer hold a permit for landfarming. Prohibited by
KRS
224.40-100, such sites shall be considered to
be open dumps, should any additional solid waste be disposed without securing a
valid permit.
Section
17. Public Information Process. Once the cabinet has made a
preliminary determination to issue or deny a landfarming permit application ,
the permit applicant shall issue a public notice for approvals. The cabinet
shall issue the public notice for denials. This notice shall be distributed by
the cabinet as specified in
401 KAR
47:140. The contents of the public notice shall
include those items listed in
401 KAR
47:140. The cabinet shall make available a thirty (30)
day comment period commencing with the date the notice is published. This
section does not apply to registered permits-by-rule.
Section 18. Registration. Persons who
landfarm Class I sludge shall file a registration for a registered landfarming
permit-by-rule that shall contain the following information:
(1) Names, addresses, and telephone numbers
of the landowners, registrant and waste producer. If the applicant is a
government agency, corporation, company or partnership, include the name,
address and telephone number of the process agent or contact
individual;
(2) Solid waste
analyses in accordance with Section 1(2)(a) and (b) and Section 3(5)(c) of this
administrative regulation to receive a classification rating;
(3) An original, current seven and
five-tenths (7.5) minute United States Geological Survey quadrangle topographic
map with the proposed landfarming site boundary clearly marked;
(4) A list of all known groundwater wells and
springs within a one-fourth (1/4) mile radius of the proposed landfarming site
boundary;
(5) A description of the
water or wastewater treatment processes including design capacity, current
hydraulic operating conditions, and the sludge treatment systems. A schematic
diagram showing the treatment plant processes shall be included. All chemicals
used in the treatment process shall be listed by type and amount
used;
(6) Other additional
information required by the cabinet; and
(7) Owners or operators shall submit
revisions to the registration form for subsections (1) and (6) of this section,
when necessary.
Notes
STATUTORY AUTHORITY: KRS 224.10-100
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