(A) "33 C.F.R." means Title 33 of
the Code of Federal Regulations, effective June 1, 2010.
[Comment: The Code of Federal
Regulations can generally be found in public libraries, and can be viewed
electronically online at: www.gpoaccess.gov/cfr/index.html and purchased by
writing to: "Superintendent of Documents. Attn: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954."]
(B) "40 C.F.R." means Title 40 of
the Code of Federal Regulations, effective June 1, 2010.
[Comment: The Code of Federal
Regulations can generally be found in public libraries, and can be viewed
electronically online at: www.gpoaccess.gov/cfr/index.html and purchased by
writing to: "Superintendent of Documents. Attn: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954."]
(A)
(C)
(1) "Aerobic
digestion" means the biochemical decomposition of organic matter in sewage
sludge material into carbon dioxide and water by microorganisms in the presence
of oxygen.
(D)
(2) "Agronomic benefit" means agronomic benefit, as
defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined agronomic benefit as
follows: "agronomic benefit" means any process that promotes or enhances plant
growth and includes, but is not limited to, a process that increases soil
fertility and moisture retention.]
(E)
(3) "Agronomic rate"
means a rate of application of nutrients from any source to the land or an
amount of nutrients removed by crop based on
all of the
following:
(1)
(a) Nutrient content of the biosolids to be
applied
;
.
(2)
(b) Nutrient needs of
the current or planned crops
; and
.
(3)
(c) Nutrient holding
capacity of the soil.
(F)
(4) "Anaerobic
digestion" means the biochemical decomposition of organic matter in sewage
sludge into methane gas and carbon dioxide by microorganisms in the absence of
oxygen.
(G)
(5) "Animal waste" means animal excreta, bedding, wash
waters, waste feed, and silage drainage.
(H) "ASTM D 4994-89" means the
American society for testing and material (ASTM) standard test methods for
standard practice for recovery of viruses from wastewater sludges, as that
standard was approved in 2002. ASTM test methods are generally available in
public libraries or from ASTM international, 100 Barr Harbor drive, P.O. box
C700, West Conshohocken, PA 19428-2959, at 610/832-9555, or on the internet at:
www.ASTM.org.
(I)
(6) "Authorized
beneficial use site" means an area of land that has been authorized by the Ohio
environmental protection agency to receive class B biosolids in accordance with
rule
3745-40-06
of the Administrative Code.
(J)
(7) "Available water
capacity" means the capacity of soils to hold water available for use by most
plants.
(B)
(K)
(1)
"Bedrock" means any continuous or connected solid rock exposed at the surface
of the earth or covered by soil or glacial deposits.
(L)
(2) "Beneficial use"
means the placement of class B or bulk exceptional quality biosolids onto a
beneficial use site through the spraying or spreading of biosolids onto the
surface of the beneficial use site, the injection of biosolids below the
surface of the beneficial use site, the incorporation of biosolids into the
soil, for the purpose of providing an agronomic benefit, or the distribution of
exceptional quality biosolids that do not satisfy the definition of bulk
exceptional quality biosolids.
(M)
(3) "Beneficial use
site" means an authorized beneficial use site where class B biosolids are
beneficially used or an area of land where bulk exceptional quality biosolids
are beneficially used. For the purposes of this definition, an area of land is
all contiguous acres at a single authorized beneficial use site or a single
beneficial use site where class B or bulk exceptional quality biosolids will be
beneficially used, respectively.
(N)
(4) "Beneficial use
site authorization" means a written authorization in the form of a letter from
the director or an authorized representative permitting the beneficial use of
class B biosolids on a beneficial use site.
(O)
(5) "Beneficial use
site operator" means the person who plants, grows, harvests or otherwise
manages feed crops, fiber crops, food crops or pasture land on a beneficial use
site.
(P)
(6) "Beneficial user" means the person who sprays or
spreads onto the surface of the beneficial use site, injects below the surface
of the beneficial use site, or incorporates into the soil of the beneficial use
site, for the purpose of providing an agronomic benefit, class B or bulk
exceptional quality biosolids.
(Q)
(7) "Biosolids" means
sewage sludge or mixtures containing sewage sludge that have been treated for
beneficial use.
(8)
"Biosolids management plan" means a plan for the
treatment, disposal, transfer or storage of sewage sludge or biosolids or the
beneficial use of biosolids that has been approved by the director.
[Comment: Biosolids management plans
are generally used for special scenarios that may not be covered by an NPDES
permit (e.g. the use of biosolids for deep-row hybrid poplar tree
farming).]
(R)
(9) "Bulk exceptional
quality biosolids" means
exceptional quality biosolids
that are not sold or given away in a container.
more than three hundred dry tons of exceptional quality
biosolids beneficially used during a crop year on a beneficial use site that is
utilized for the production of:
(1) Feed crops;
(2) Fiber crops;
(3) Food crops; or
(4) Pasture land.
(C)
(1)
"Child day-care
center" means any place in which child care is provided for seven or more
children at one time, and that is not the permanent residence of the licensee
or administrator of the center.
(S)
(2) "Class B
biosolids" means class B biosolids, as defined in rule
3745-40-04
of the Administrative Code.
(T)
(3) "Commercial
septage" means liquid or solid material removed from a septic tank, cesspool,
or similar treatment works that receives sewage from a commercial
establishment.
(U)
(4) "Composite sample" means a sample that is
comprised of a minimum of six grab samples, collected at such times and
locations and in such a fashion, as to be representative of the facility's
sewage sludge or biosolids.
(5)
"Container" means an open or closed receptacle
containing one metric ton or less of exceptional quality
biosolids.
(V)
(6) "Cover crop" means a small grain crop, such as
oats, wheat, or barley, not grown for harvest.
(W)
(7) "Crop year" means
the period of time for a particular crop to be planted and harvested, or one
year's time, whichever is shorter.
(X)
(8) "Cumulative
pollutant loading rate" means the total amount of an inorganic pollutant that
can be applied at a beneficial use site, in accordance with paragraph (D) of
rule
3745-40-04
of the Administrative Code.
(D)
(Y)
(1) "Dioxin" means all
of the seven 2, 3, 7, 8-chlorinated dibenzo-p-dioxin congeners, ten 2, 3, 7,
8-chlorinated dibenzofuran congeners, and twelve coplanar polychlorinated
biphenyl congeners in
the following table
1 of this rule.
:
Table 1
Congeners
|
CAS number
|
Congener
|
|
1746-01-6
|
2, 3, 7, 8-tetrachlorodibenzo-p-dioxin
|
|
40321-76-4
|
1, 2, 3, 7, 8-pentachlorodibenzo-p-dioxin
|
|
39227-28-6
|
1, 2, 3, 4, 7, 8-hexachlorodibenzo-p-dioxin
|
|
57653-85-7
|
1, 2, 3, 6, 7, 8-hexachlorodibenzo-p-dioxin
|
|
19408-74-3
|
1, 2, 3, 7, 8, 9-hexachlorodibenzo-p-dioxin
|
|
35822-46-9
|
1, 2, 3, 4, 6, 7, 8-heptachlorodibenzo-p-dioxin
|
|
3268-87-9
|
1, 2, 3, 4, 6, 7, 8,
9-octachlorodibenzo-p-dioxin
|
|
51207-31-9
|
2, 3, 7, 8-tetrachlorodibenzofuran
|
|
57117-41-6
|
1, 2, 3, 7, 8-pentachlorodibenzofuran
|
|
57117-31-4
|
2, 3, 4, 7, 8-pentachlorodibenzofuran
|
|
70648-26-9
|
1, 2, 3, 4, 7, 8-hexachlorodibenzofuran
|
|
57117-44-9
|
1, 2, 3, 6, 7, 8-hexachlorodibenzofuran
|
|
72918-21-9
|
1, 2, 3, 7, 8, 9-hexachlorodibenzofuran
|
|
60851-34-5
|
2, 3, 4, 6, 7, 8-hexachlorodibenzofuran
|
|
67562-39-4
|
1, 2, 3, 4, 6, 7, 8-heptachlorodibenzofuran
|
|
55673-89-7
|
1, 2, 3, 4, 7, 8, 9-heptachlorodibenzofuran
|
|
39001-02-0
|
1, 2, 3, 4, 6, 7, 8, 9-octachlorodibenzofuran
|
|
32598-13-3
|
3, 3', 4, 4'-tetrachlorobiphenyl
|
|
70362-50-4
|
3, 4, 4', 5-tetrachlorobiphenyl
|
|
57465-28-8
|
3, 3', 4, 4', 5-pentachlorobiphenyl
|
|
32598-14-4
|
2, 3, 3', 4, 4'-pentachlorobiphenyl
|
|
31508-00-6
|
2', 3, 4, 4', 5-pentachlorobiphenyl
|
|
65510-44-3
|
2, 3', 4, 4', 5'-pentachlorobiphenyl
|
|
74472-37-0
|
2, 3, 4, 4', 5-pentachlorobiphenyl
|
|
32774-16-6
|
3, 3', 4, 4', 5, 5'-hexachlorobiphenyl
|
|
38380-08-4
|
2, 3, 3', 4, 4', 5-hexachlorobiphenyl
|
|
69782-90-7
|
2, 3, 3', 4, 4', 5'-hexachlorobiphenyl
|
|
52663-72-6
|
2, 3', 4, 4', 5, 5'-hexachlorobiphenyl
|
|
39635-31-9
|
2, 3, 3', 4, 4', 5, 5'-heptachlorobiphenyl
|
(Z)
(2) "Director" means
director of the Ohio environmental protection agency.
(AA)
(3)
"Discharge" means discharge of any pollutant or pollutants from any point
source.
(BB)
(4) "Disposal" means the placement of either sewage
sludge or biosolids into a landfill or an incinerator.
(CC)
(5)
"Distribution" means the selling or giving away of exceptional quality
biosolids that do not satisfy the definition of bulk exceptional quality
biosolids.
(DD)(6) "Domestic septage"
means domestic septage, as defined in division
(C)
(D)of section
3718.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 3718.01 of the Revised Code defined domestic septage as
"means the liquid or solid material removed from a sewage treatment system,
portable toilet or type III marine sanitation device as defined in 33 C.F.R.
159.3. "Domestic septage" does not include grease removed from a grease
trap."]
(7)
"Draghose" means a liquid biosolids application system
where the application unit is attached to the storage unit by a long flexible
hose.
(EE)
(8) "Drinking water source protection area for a
public water system using ground water" means the surface and subsurface area
surrounding a public water system's supply wells that will provide water to the
wells within five years as delineated or endorsed by the Ohio environmental
protection agency under the wellhead protection program and the source water
assessment and protection system.
(FF)
(9) "Dry weight
basis" means calculated on the basis of having been dried at one hundred five
degrees Celsius (two hundred twenty-one degrees Fahrenheit) until reaching a
constant mass (i.e., essentially one hundred per cent solids
content).
(E)
(GG)
(1)
"Emergency management zone" or "EMZ" means the surface and subsurface area in
the immediate vicinity of a public water system intake as delineated or
endorsed by the Ohio environmental protection agency under the source water
assessment and protection program within which the public water supply owner or
operator has little or no time to respond to potential contamination from a
spill, release, or weather related event. The standard emergency management
zone boundary consists of a semi-circle that extends five hundred feet upstream
of the intake and one hundred feet downstream of the intake, except as modified
due to local conditions.
(HH) "Endangered Species Act" means
"Endangered Species Act, 16 U.S.C. section 1533, as amended through June 1,
2010.
(II) "Environmental Regulations and
Technology - Control of Pathogens and Vector Attraction in Sewage Sludge" means
"Environmental Regulations and Technology - Control of Pathogens and Vector
Attraction in Sewage Sludge, USEPA/625/R-92/013, revised July 2003," United
States environmental protection agency, national center for environmental
publications and information, 11029 Kenwood road, Cincinnati, OH 45242, and is
available on the internet at:
www.epa.gov/nrmrl/pubs/625r92013/625R92013.pdf.
[Comment: The "Environmental
Regulations and Technology - Control of Pathogens and Vector Attraction in
Sewage Sludge" document is also known as the "Whitehouse
Document."]
(JJ)
(2) "Exceptional
quality biosolids" means exceptional quality biosolids as defined in rule
3745-40-04
of the Administrative Code.
(F)
(KK)
(1) "Facility
storage" means the storage of sewage sludge or biosolids at the permittee's
treatment works.
(LL)
(2) "Feed crops" means crops produced primarily for
consumption by animals.
(3)
"Feedstocks" means organic materials used in anaerobic
digestion for the purpose of producing energy from methane generation,
including only the following:
(c)
Energy crops
(i.e. grain, hay, silage, spilled and soiled feed, and stover).
(d)
Fats, oils, and
greases (FOG).
(g)
Glycerin byproducts from bio-diesel
production.
(i)
Stillage
byproducts from ethanol production.
(MM)
(4) "Fiber crops"
means crops such as flax and cotton that are produced primarily for the
production of products and
are not consumed by
people or animals.
(NN)
(5) "Field storage" means the storage of biosolids in
a field at a beneficial use site for no more than ninety days.
(OO)
(6)
"Food crops" means crops consumed by people, including
:
but not limited to,
fruits, vegetable, and tobacco.
(1) Fruits;
(2) Vegetables; and
(3) Tobacco.
(PP)
(7) "Food scraps" means
any of
the following:
(1)
(a) Source-separated plant materials, including stems,
leaves, vines, or roots, from an agricultural process
;
.
(2)
(b)
Source-separated raw, harvested vegetables, fruits, and grains, and the paper
from packaging (the packaging paper identified in this feedstock type is
intended to include only those papers in which the raw, harvested vegetables,
fruits, and grains are wrapped)
;
.
(3)
(c) Source-separated
vegetables, fruits, and grains processed for human or animal consumption (for
the purpose of this rule, processed for human or animal consumption includes,
but is not limited to, source-separated vegetables, fruits, and grains
processed for human or animal consumption that have been cooked, stewed,
canned, or packaged)
; or
.
(4)
(d) Source-separated
dairy products processed for human consumption such as, cheese, butter, milk,
yogurt, eggs and cream, and meats processed for human consumption or meats
subject to the federal Meat Inspection Act or meats subject to the Poultry
Products Inspection Act, excluding meats from non-domestic animals, meats from
slaughter houses and retail stores.
(8)
"Food waste"
means food that was originally grown, harvested, or produced for human or
animal consumption that has been determined to no longer be viable for
consumption and has been removed from the food supply due to factors such as
spoilage or expiration.
(9)
"Foreign/Inert matter" means wastes such as plastics,
metals, ceramics or other manufactured items that remain relatively unchanged
during wastewater or biosolids treatment processes.
(QQ)
(10)
"Frequently flooded" means an area of a beneficial use site that has flooded on
average more than once every two years. Frequently flooded and the months when
flooding is expected shall be determined by consulting
the appropriate "National Cooperative Soil Survey"
publication, which is available at the following website:
soils.usda.gov/partnerships/ncss/
table 1 of
appendix A to rule
901:10-2-14
of the Administrative Code.
(11)
"Frozen ground"
means ground that is impenetrable because of frozen soil moisture. Generally,
frozen ground shall meet all of the following criteria:
(a)
Not easily
penetrated by a metal object.
(b)
Not deform to
show visible imprint under downward pressure.
(c)
Have a
temperature below thirty-two degrees Fahrenheit (zero degrees Celsius).
(G)
(RR)
(1)
"Grab sample" means a single representative sample or measurement collected at
a specific time.
(SS)
(2) "Grit" means materials
, such as sand, gravel or cinders that have a high
specific gravity and are generally removed from sewage prior to secondary
treatment at a treatment works.
[Comment: Grit materials are considered solid waste and should
not be part of a beneficial use application. Grit materials should be disposed
of within a landfill.]
(TT)
(3) "Ground cover"
means vegetation canopy or crop residue on agricultural land.
(UU)
(H) "High potential public exposure site" means an
authorized beneficial use site that the public uses frequently. This includes,
but is not limited to, a public contact site
and
or a
land reclamation site located in a populated area
(e.g.,
a park, golf course, or a construction
site located in a municipality).
(I)
(VV)
(1) "Immediate
incorporation" means incorporation, as defined in
this paragraph
(ZZ) of this
rule, of biosolids within six hours after delivery to the authorized
beneficial use site.
(WW)
(2) "Incineration"
means the disposal of sewage sludge or biosolids through the combustion of
organic matter and inorganic matter in sewage sludge or biosolids by high
temperatures in an enclosed device.
(XX)
(3) "Incorporation"
means the mixing of biosolids with soil on
a
an authorized
beneficial use site to a minimum depth of four inches or greater by such means
as discing, plowing, or tilling.
[Comment: Both same day incorporation and immediate
incorporation are defined in this rule.]
(YY)
(4) "Industrial
septage" means liquid or solid material removed from a septic tank, cesspool,
or similar treatment works that receives sewage from an industrial
establishment.
(ZZ)
(5) "Industrial wastewater" means wastewater generated
in a commercial or industrial process.
(AAA) "Inert" refers to a substance
that will not chemically react with anything under normal
circumstances.
(BBB)
(6) "Injection"
means the subsurface placement of liquid biosolids to a depth of four inches or
greater into an authorized beneficial use site.
Injected biosolids shall remain four inches or greater below
the ground and shall not be forced to the surface of the
ground.
(CCC)
(7) "Inner management zone" means the surface and
subsurface area within a drinking water source protection area for a public
water system using ground water surrounding any public water supply well that
will provide water to that well within one year as delineated or endorsed by
the director under the wellhead protection program and the source water
assessment and protection program.
(DDD)
(8) "Isolation
distance" means the distance to a specified object from the nearest edge of the
biosolids application area.
(L)
(EEE)
(1) "Land
reclamation" means the returning of lands disturbed through mining operations
or industrial activity to productive uses.
(FFF)
(2) "Landfill" means
a sanitary landfill facility, as defined in
rules
adopted under
rule
3745-27-01 of the
Administrative Code and section
3734.02 of the Revised Code,
that is licensed under section
3734.05 of the Revised
Code.
(GGG)
(3) "Liming material" means all materials, the calcium
and magnesium content of which is used to neutralize soil acidity, and includes
the oxide, hydrate, carbonate, and silicate forms, as defined by rule, or
combinations of those forms. Liming material includes materials such as
the following:
limestone, hydrated lime, burnt lime, or marl and
shell.
(1) Limestone;
(2) Hydrated lime;
(3) Burnt lime; or
(4) Marl and shell.
(HHH)
(4) "Liquid biosolids" means biosolids that contain
free liquids as determined by the paint filter test in accordance with method
9095B of the"Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods" also known as "SW 846."
This document can be found on the United States
environmental protection agency web site at the following link:
www.epa.gov/epawaste/hazard/testmethods/sw846/index.htm.
(III)
(5)
"Low lying wet area" means an area of a beneficial use site where the soils are
saturated and where water tends to pond.
(JJJ)
(6) "Low potential public exposure site" means
an authorized beneficial use site that the public uses
infrequently. This includes, but is not limited to,agricultural land and
land reclamation
authorized beneficial use
sites
that restrict
where the general public's access
is restricted.
(KKK) "Management plan" means a plan
for the treatment, disposal, transfer or storage of sewage sludge or biosolids
or the beneficial use of biosolids that has been approved by the
director.
(LLL) "Manufactured inerts" means
wastes such as plastic, metals, ceramics and other manufactured items that
remain relatively unchanged during wastewater or biosolids treatment
processes.
(M)
(MMM)(1) "Medical care
facility" means home as defined in section
3721.01 of the Revised Code,
hospital as defined in section
3727.01 of the Revised Code,
adult care
residential facility as defined in section
3722.01
5119.34
of the Revised
Code, nursing facility as defined in section
5111.20
5165.01
of the Revised
Code and similar facilities.
(2)
"Mobile storage tank" means a container that is capable
of being moved when empty to an authorized beneficial use site for the purpose
of holding liquid biosolids.
(NNN)
(3) "Multi-year
phosphate agronomic rate" means the beneficial use rate of biosolids that will
provide the phosphate needs for a realistic yield goal of multiple crops to be
grown at the beneficial use site, but not to exceed five calendar years of
planned crops. In multi-year phosphate applications, no additional source of
phosphorus is applied to the same beneficial use site in subsequent years until
the applied phosphate has been removed from the beneficial use site via harvest
and crop removal.
(N)
(OOO)
(1)
"Nitrogen agronomic rate" means the beneficial use rate of biosolids that will
provide the nitrogen requirements or nitrogen removal rates for a realistic
yield goal of the succeeding crop to be planted at the beneficial use site. In
calculating the nitrogen agronomic rate, the permittee shall
subtract both of the following:
(1)
(a)
Subtract the
The nitrogen credit to be given to the next crop, in
accordance with values for previous crops
;
and
.
(2)
(b)
Subtract the
The nitrogen that will be added in other forms.
[Comment: For beneficial use sites where a grass or legume
cover crop is established or will be established after beneficial use of
biosolids, the biosolids may still be beneficially used at the rates to provide
the nitrogen requirements or nitrogen removal rates for the succeeding crop to
be planted after the grass or legume cover crop.]
(2)
"Non-traditional
feedstocks", "NTFs", or "alternative feedstocks" means organic materials not
listed under the definition of "feedstocks" in this rule, used in anaerobic
digestion for the purpose of producing energy from methane generation.
(PPP)
(3) "NPDES permit" means national pollutant discharge
elimination system permit that has been approved and issued by the Ohio
environmental protection agency.
(QQQ)
(4) "Nuisance odor"
means an emission of any gas, vapor, aerosol or combination thereof from the
management of sewage sludge or biosolids, in whatever quantities, that causes,
either alone or in reaction with other air contaminants, injurious effects to
public health or the environment or unreasonable interference with the
comfortable enjoyment of life or property.
(RRR) "Occupied building" means a
structure, permanent in nature, occupied or capable of being occupied.
"Occupied building" does not include "medical care facility" or any building
that is part of a disposal system.
(SSS) "Occurrence of Pathogens in
Distribution and Marketing Municipal Sludges" means "Occurrence of Pathogens in
Distribution and Marketing Municipal Sludges, USEPA 600/1-87-014, 1988." This
document is available on the internet at: www.epa.gov/ncepihom/.
(O)
"Occupied structure" means any house, building,
outbuilding, mobile home, recreational vehicle, tent, or other structure or
shelter, or any portion thereof, to which any of the following applies:
(1)
Is maintained as
a permanent or temporary dwelling, even though the structure is temporarily
unoccupied and whether or not any person is actually present.
(2)
Is occupied as
the permanent or temporary habitation of any person, whether or not any person
is actually present.
(3)
Is specially adapted for the overnight accommodation of
any person, whether or not any person is actually present.
(4)
At the time, any
person is present or likely to be present in the structure.
(5)
For mobile items
such as mobile homes, recreational vehicles and tents, the mobile item is
present within the applicable isolation distances prior to the commencement of
beneficial use.
(P)
(TTT)
(1)
"Pasture" means land on which animals feed directly on vegetation such as
legumes, grasses, grain stubble or stover.
(UUU)
(2) "Pathogen" means
a disease causing organism and includes, but are not limited to, certain
bacteria, protozoa, viruses, and viable helminth ova.
(VVV) "Pathogen equivalency
committee" or "PEC" means a committee made up of United States environmental
protection agency experts who review pathogen and vector attraction reduction
issues and make recommendations to the appropriate permitting authority. The
primary role of the PEC is to review proposals for processes to significantly
reduce pathogens ("PSRP") and processes to further reduce pathogens ("PFRP")
equivalency determinations and to offer guidance on the issues associated with
pathogen and vector attraction reduction.
[Comment: The pathogen equivalency
committee is referenced on page six of the document "Environmental Regulations
and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge."
This document can be found on the internet at:
www.epa.gov/nrmrl/pubs/625r92013/625R92013.pdf.
(WWW)
(3)
"Permittee" means the holder of a valid NPDES permit or a
biosolidsmanagement plan approved by the
Director
director.
(XXX)
(4) "Person" means
person as defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 1.59 of the Revised Code defined person as follows: "person"
includes an individual, corporation, business trust, estate, trust,
partnership, and association. At the time of this rule adoption, section
6111.01 of the Revised Code defined person as follows: "person" means the
state, any municipal corporation, any other political subdivision of the state,
any person as defined in section 1.59 of the Revised Code, any interstate body
created by compact, or the federal government or any department, agency, or
instrumentality thereof.]
(YYY)
(5) "pH" means the
logarithm of the reciprocal of the hydrogen ion concentration measured at
twenty-five degrees Celsius (seventy-seven degrees Fahrenheit) or measured at
another temperature and then converted to an equivalent value at twenty-five
degrees Celsius (seventy-seven degrees Fahrenheit).
(ZZZ)
(6) "Phosphorus
index" means the Ohio natural resources conservation service (NRCS) assessment
technique for determining the relative risk of phosphorus movement from various
landforms to waters of the state. Factors assessed include, but are not limited
to, proximity to waters of the state, slope, soil and weather conditions, soil
type, buffer strips, soil surface condition, surface and sub-surface drainage,
phosphate source application rate and application method, and organic
phosphorus Source Coefficient (accounting for environmentally relevant
phosphorus). The
Ohio NRCSphosphorus index
risk assessment procedure can be found
on
in appendix E,
table 1 of rule
901:10-2-14
of the Administrative Code
the internet at:
www.agri.ohio.gov/Lepp/Regs/Appx/901-10-2-14%20appx%2024.pdf.
(AAAA)
(7) "Pollutant" means an organic substance, an
inorganic substance, a combination of organic and inorganic substances, or a
pathogenic organism that, after discharge and upon exposure, ingestion,
inhalation, or assimilation into an organism either directly from the
environment or indirectly by ingestion through the food chain, could, on the
basis of information available to the administrator of the United States
environmental protection agency, cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunction in reproduction), or physical
deformations in either organisms or offspring of the organisms.
(8)
"Preschool" means
any public or private institution or center that provides early childhood
instructional or educational services to children who are at least three years
of age but less than six years of age, whether or not those services are
provided in a child day-care setting. "Preschool" does not include any place
that is the permanent residence of the person who is providing the early
childhood instructional or educational services to the children.
(9)
"Private potable water source" means the site or area from
which water is obtained for the purpose of supplying water to a private water
system as defined in rule
3701-28-01 of the
Administrative Code, including wells, springs, cisterns, ponds, or hauled water
storage.
(BBBB)
(10) "Public contact site" means land with a high
potential for contact by the public. This includes but is not limited to,
public parks, ball fields, cemeteries, plant nurseries, turf farms and golf
courses.
(CCCC)
(11) "Public water system" means public water system
as defined in rule
3745-81-01
of the Administrative Code.
(R)
(DDDD)
(1) "Regional
storage facility" means a constructed facility engineered for the storage of
biosolids destined for beneficial use or sewage sludge or biosolids destined
for disposal or transfer to another facility.
(EEEE)
(2) Representative
sample" means a sample of a universe or whole which can be expected to exhibit
the average properties of the universe or whole.
(FFFF)
(3) "Runoff" means
rainwater, leachate
, snowmelt, or other liquid
that drains overland on any part of a land surface and runs off the land
surface.
(S)
(GGGG)(1)
"Same day incorporation" means incorporation, as defined in paragraph
(ZZ)
(I) of
this rule, of biosolids within twenty-four hours after surface
application.
(2)
"Saturated soil" means all of the pore spaces in the
soil are filled with water. A soil that has an available water capacity above
field capacity is considered saturated.
(3)
"School" means a
child day-care center, a preschool, or a public or nonpublic primary school or
secondary school, including any grounds, play areas, and other facilities of a
preschool, or child day-care center or primary or secondary school that are
regularly used by the children or students served by the preschool, child
day-care center, primary school, or secondary school.
(HHHH)
(4) "Screenings" means relatively large materials such
as rags that are generally removed from sewage prior to secondary treatment at
a treatment works.
[Comment: Screenings are considered solid waste and should not
be part of a beneficial use application. Screenings should be disposed of
within a landfill.]
(IIII)
(5) "Sewage" means
sewage, as defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined sewage as follows:
"sewage" means any liquid waste containing sludge, sludge materials, or animal
or vegetable matter in suspension or solution, and may include household wastes
as commonly discharged from residences and from commercial, institutional, or
similar facilities.]
(JJJJ)
(6) "Sewage sludge"
means sewage sludge, as defined in division (Y) of section
3745.11 of the Revised Code.
[Comment: At the time of this rule
adoption, section 3745.11 of the Revised Code defined sewage sludge as follows:
"sewage sludge" means a solid, semi-solid, or liquid residue generated during
the treatment of domestic sewage in a treatment works as defined in section
6111.01 of the Revised Code. "Sewage sludge" includes, but is not limited to,
scum or solids removed in primary, secondary, or advanced wastewater treatment
processes. "Sewage sludge" does not include ash generated during the firing of
sewage sludge in a sewage sludge incinerator, grit and screenings generated
during preliminary treatment of domestic sewage in a treatment works, animal
manure, residue generated during treatment of animal manure, or domestic
septage.]
(KKKK)
(7) "Sewage sludge
that has been treated" means sewage sludge that has been prepared for
beneficial use or disposal, or transferred to another NPDES permitted treatment
works and includes, but is not limited to, sludge that has been thickened,
stabilized and dewatered.
(LLLL)
(8) "Single-year
phosphate agronomic rate" means the beneficial use rate of biosolids that will
provide the phosphate needs for a realistic yield goal of the succeeding crop
to be planted at the beneficial use site.
[Comment: For beneficial use sites
where a grass or legume cover crop is established or will be established after
beneficial use of biosolids, the biosolids may still be beneficially used at
the rates to provide the phosphate needs for the succeeding crop to be planted
after the grass or legume cover crop.]
(MMMM)
(9) "Sinkhole" means a surface depression produced
when underlying material, such as carbonate bedrock, dissolves resulting in a
direct conduit to ground water.
(NNNN)
(10) "Sludge" means
sludge, as defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined sludge as follows:
"sludge" means sewage sludge and a solid, semi-solid, or liquid residue that is
generated from an industrial wastewater treatment process and that is applied
to a beneficial use site for agronomic benefit. "Sludge" does not include ash
generated during the firing of sludge in a sludge incinerator, grit and
screening generated during preliminary treatment of sewage in a treatment
works, animal manure, residue generated during treatment of animal manure, or
domestic septage.]
(OOOO)
(11) "Sludge fee
weight" means the weight of sewage sludge, in dry U.S. tons, excluding
admixtures such as liming materials or bulking agents. Annual sewage sludge
fees, as per paragraph (Y) of section
3745.11 of the Revised Code, are
based on the reported sludge fee weight for the most recent calendar
year.
(PPPP)
(12) "Sludge management" means sludge management, as
defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined sludge management as
follows, "sludge management" means the use, storage, treatment, or disposal of,
and management practices related to, sludge and sludge
materials.]
(QQQQ)
(13) "Sludge
materials" means sludge materials, as defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined sludge materials as
follows: "sludge materials" means solid, semi-solid, or liquid materials
derived from sludge and includes products from a treatment works that result
from the treatment, blending, or composting of sludge.]
(14)
"Snow
covered ground" means soil or residue lying on the soil cannot be seen because
of snow cover, or soil covered by one-half inch or more of ice.
(RRRR)
(15) "Soil phosphorus test" means a soil test
procedure using the "Bray-Kurtz P1 extraction" or the "Mehlich 3 extraction"
that produces an index of plant available phosphorus expressed in parts per
million.
(SSSS)
(16) "Specific oxygen uptake rate" or "SOUR" means the
mass of oxygen consumed per unit time per unit mass of total solids (dry weight
basis) in the sewage sludge or sewage sludge material.
(TTTT) "Standard Methods for the
Examination of Water and Wastewater" means "Standard Methods for the
Examination of Water and Wastewater, 21st Edition, American Public Health
Association, American Water Works Association and Water Environment Federation,
2005." This document is available on the internet at:
www.standardmethods.org/.
(UUUU)
(17) "Surface
disposal" means the placement of sewage sludge or biosolids on an area of land
for disposal including, but not limited to, monofills, surface impoundments,
lagoons not utilized for treatment, waste piles, or dedicated disposal sites
for two years or more.
[Comment: A treatment lagoon is not considered a means for
disposal.]
(VVVV)
(18) "Surface waters of the state" means surface
waters of the state, as defined in rule
3745-1-02 of the
Administrative Code.
(WWWW) "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods" means "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods, USEPA publication SW-846, third edition
(September 1994)." This document is available on the internet at:
www.epa.gov/sw-846/main.htm.
(T)
(XXXX)
(1) "Total solids"
means the materials in sewage sludge or sewage sludge material that remain as
residue when the sewage sludge or sewage sludge material is dried in accordance
with part 2540G of the "Standard Methods for the Examination of Water and
Wastewater."
(YYYY)
(2) "Treatment works" means treatment works, as
defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined treatment works as
follows: "treatment works" means any plant, disposal field, lagoon, dam,
pumping station, building sewer connected directly to treatment works,
incinerator, or other works used for the purpose of treating, stabilizing,
blending, composting, or holding sewage, sludge, sludge materials, industrial
waste, or other wastes, except as otherwise defined.]
(ZZZZ)
(U) "Underground injection control (UIC) class V
drainage well" means underground injection control (UIC) class V drainage well
as defined in
paragraph (E) of rule
3745-34-04
of the Administrative Code.
(V)
(AAAAA)
(1) "Vector attraction" means the characteristic of
biosolids that attracts rodents, flies, mosquitoes, or other organisms capable
of transporting infectious agents.
(BBBBB)
(2) "Volatile
solids" means the amount of the total solids in sewage sludge lost when the
sewage sludge is combusted, in accordance with part 2540G of "Standard Methods
for the Examination of Water and Wastewater."
(CCCCC) "Water Pollution Control
Act" means the "Federal Water Pollution Control Act" (commonly referred to as
the "Clean Water Act") 33 U.S.C. 1251 et seq. as amended through July 1,
2010.
(DDDDD)
(W) "Waters of the
state" means waters of the state, as defined in section
6111.01 of the Revised Code.
[Comment: At the time of this rule
adoption, section 6111.01 of the Revised Code defined waters of the state as
follows: "waters of the state" means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, irrigation systems, drainage systems,
and other bodies or accumulations of water, surface and underground, natural or
artificial, regardless of the depth of the strata in which underground water is
located, that are situated wholly or partly within, or border upon, this state,
or are within its jurisdiction, except those private waters that do not combine
or effect a junction with natural surface or underground
waters.]
(EEEEE)
(Y) "Yard waste"
means leaves, grass clippings, brush, garden waste, tree trunks, tree stumps,
holiday trees, and prunings from trees or shrubs. Yard waste does not include
industrial or agricultural processing waste.
(AA)
Incorporation by
reference. The text of the incorporated materials is not included in the rules
contained in this chapter. The materials are hereby made a part of this
chapter. For materials subject to change, only the version specified in this
rule is incorporated. Any amendment or revision to a referenced document is not
incorporated unless and until this rule has been amended to specify the new
version.
(1)
Availability. The materials incorporated by reference are
available as follows:
(a)
Code of federal regulations (C.F.R.). Information and
copies may be obtained by writing to: "U.S. Government Publishing Office
Bookstore, 710 North Capitol Street N.W., Washington, D.C. 20403." The full
text of the C.F.R. is also available in electronic format at
http://www.gpoaccess.gov/cfr/
. The C.F.R. compilations are also available for
inspection and copying at most public libraries and "The State Library of
Ohio."
(b)
Federal statutes. The full text is available in
electronic format at
http://www.gpo.gov/fdsys
. These laws are also available for inspection and copying
at most public libraries and "The State Library of Ohio."
(2)
Incorporated materials.
(a)
Appropriate
"Federal Statutes." The statutes listed in this rule are those versions of the
laws amended through July 1, 2017, including the following:
(i)
Endangered
Species Act,
16
U.S.C. sections 1533 to
1544.
(ii)
Federal Water
Pollution Control Act (commonly referred to as the "Clean Water Act"),
33 U.S.C. sections
1251 to
1387.
(iii)
Meat Inspection
Act, 21 U.S.C. sections
601 to
695.
(iv)
Poultry Products
Inspection Act,
21 U.S.C. sections
451 to
472.
(b)
Appropriate "Code of Federal Regulations." As used in this
chapter "33 C.F.R." means Title 33 of the Code of Federal Regulations as
amended through July 1, 2017 and "40 C.F.R." means Title 40 of the Code of
Federal Regulations as amended through July 1, 2017.
(c)
ASTMs.
"ASTM D 4994-89" means the American
society for testing and material (ASTM) standard test methods for the standard
practice for recovery of viruses from wastewater sludges, as approved in 2014.
ASTM test methods are generally available in public libraries or from "ASTM
International, 100 Barr Harbor drive, P.O. box C700, West Conshohocken, PA
19428-2959," at 610-832-9718, or on the internet at:
www.ASTM.org
.
(d)
Other
governmental literature and methods.
(i)
"Environmental
Regulations and Technology - Control of Pathogens and Vector Attraction in
Sewage Sludge," July 2003, EPA/625/R-92/013. This document can be found at the
following United States environmental protection agency web link:https://www.epa.gov/biosolids/control-pathogens-and-vector-attraction-sewage-sludge
.
[Comment: The "Environmental
Regulations and Technology -Control of Pathogens and Vector Attraction in
Sewage Sludge" document is also known as the "Whitehouse
Document."]
(iii)
"Method number 1613B" or United States environmental
protection agency's method 1613B "Tetra-through Octa-Chlorinated Dioxins and
Furans by Isotope Dilution HRGC/HRMS," revised October 1994. This document may
be obtained from: "National Technical Information Service No. PB93-236024,
(800) 553-NITS, or Educational Resources Information Center Number W-105, (800)
443-ERIC." Method 1613B can also be obtained from the following web link:
https://www.epa.gov/nscep
.
(iv)
"Method number 1668A" or United States environmental
protection agency's "Method 1668A Interlaboratory Validation Study Report,"
revised March 2010. This document may be obtained from: "Office of Water
Methods and Guidance Diskette 2, Office of Water Resource Center, (202)
260-7786." Method number 1668A may also be obtained from the following web
link:
https://www.epa.gov/nscep
.
(vi)
"Methods for Chemical Analysis of Water and Wastes" or
United States environmental protection agency's method 160.3 "Methods for
Chemical Analysis of Water and Wastes," revised March 1983. This document can
be found on the United States environmental protection agency web site at the
following link:
https://www.epa.gov/nscep
.
(vii)
"Occurrence of Pathogens in Distribution and Marketing
Municipal Sludges, U.S. EPA 600/1-87-014, 1988." This document is available on
the internet at:
www.epa.gov/ncepihom/
.
(viii)
Part 9260D, "Standard Methods for the Examination of
Water and Wastewater" or Kenner, B.A. and H.P. Clark, "Detection and
Enumeration of Salmonella and Pseudomonas aeruginosa," journal of the water
pollution control federation, vol. 46, no. 9, September 1974, pp. 2163-2171.
Water environment federation, 601 Wythe street, Alexandria, VA
22314.
(ix)
"Standard Methods for the Examination of Water and
Wastewater," 23rd Edition, American Public Health Association, American Water
Works Association and Water Environment Federation, 2017. This document is
available on the internet at:
www.standardmethods.org/
.
(x)
"Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods" means "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, USEPA publication SW-846, revision 2, November
2004." This document is available on the internet at:
www.epa.gov/sw-846/main.htm
.
