(A)
Biosolids shall
be stored in a manner that is protective of human health and the environment
and shall not impact waters of the state or create nuisance odors.
(B)
Prohibitions. If utilizing vector attraction reduction
options nine (VAR-9) or ten (VAR-10), the field storage of class B biosolids is
prohibited.
(C)
Except as provided in rule
3745-40-10 of the Administrative
Code, no person shall store class B biosolids at a site that has not been
authorized by the director or an authorized representative for beneficial use
in accordance with rule
3745-40-06 of the Administrative
Code.
(D)
Isolation distance requirements.
(1)
The isolation
distances listed in table D-1 of this rule shall be maintained for the field
storage of class B and bulk exceptional quality biosolids.
Table D-1: Isolation distance
requirements that shall be maintained from the location of class B and bulk
exceptional quality biosolids.
|
Isolation distance
requirement:
|
To be maintained
from:
|
For biosolids
classification:
|
|
Three feet
|
Bedrock
|
Class B and bulk exceptional
quality
|
|
One hundred feet
|
Surface waters of the
state
|
Class B and bulk exceptional
quality
|
|
Three hundred feet
|
A sinkhole or a UIC class V
drainage well
|
Class B and bulk exceptional
quality
|
|
Three hundred feet
|
An occupied structure or
school
|
Class B
|
|
Three hundred feet
|
A private, potable water
source
|
Class B
|
|
One thousand feet
|
A medical care
facility
|
Class B
|
(2)
The director or an authorized representative may allow
a reduction in isolation distance for an occupied structure that is located
adjacent to field storage area at an authorized beneficial use site, provided
such a request is made from both the structure owner and, if applicable, the
resident of the occupied structure.
A request for an isolation distance
reduction shall be made on forms approved by the director.
(3)
In
addition to the isolation distance requirements in table D-1 of this rule, no
person shall store class B biosolids in any of the following ways:
(a)
Within either of
the following areas pertaining to public water systems:
(i)
Within the
sanitary isolation distance a public water system shall maintain for a drinking
water supply well as established in rule
3745-9-04 of the Administrative
Code.
(ii)
Within the following areas defined in table D-2 of this
rule.
Table D-2: Setback requirements for
public water systems.
|
Type of public water
system
|
Setback
|
|
Community or non-transient,
non-community public water system
|
The inner management zone; if
the drinking water source protection area is underlain by karst or fractured
bedrock and has been determined to be highly susceptible to contamination, the
setback shall be extended to include the entire drinking water source
protection area.
|
|
Transient, non-community public
water system using ground water
|
Three hundred feet from the
water supply well
|
(iii)
Within the emergency management zone for a public water
system using surface water. Where no emergency management zone has been
delineated or endorsed by the Ohio environmental protection agency, the
isolation distance shall consist of a circle with a radius of one thousand five
hundred feet from the intake.
(b)
Within a low
lying wet area or on soils frequently flooded.
[Comment: "Frequently flooded" and "low
lying wet area" are defined in rule
3745-40-01 of the Administrative
Code.]
(c)
Where the slope is greater than fifteen per
cent.
(E)
The maximum amount of class B or bulk exceptional
quality biosolids to be delivered shall conform to both of the following:
(1)
For any
beneficial use site, shall not exceed the amount required to meet the
calculated agronomic rate for the beneficial use site and any contiguous
beneficial use site.
(2)
For any land reclamation site, shall be in accordance
with paragraph (B) of rule
3745-40-03 of the Administrative
Code.
(F)
For class B or bulk exceptional quality biosolids that
are stockpiled or stored at the beneficial use site, all of the following
conditions apply:
(1)
A permit to install, in accordance with Chapter 3745-42
of the Administrative Code, shall be obtained from the director prior to
storage of liquid biosolids.
(2)
The field storage
of class B or bulk exceptional quality biosolids at any beneficial use site
shall be in accordance with table F-1 of this rule.
Table F-1: Field storage requirements.
|
Biosolids
classification
|
Number of days of field
storage
|
Is field storage
allowed?
|
|
Class B and bulk exceptional
quality
|
Less than or equal to ninety
days
|
Yes
|
|
Class B and bulk exceptional
quality
|
Greater than ninety
days
|
No. The field storage of
biosolids for more than ninety days is prohibited.
|
(3)
For class B or bulk exceptional quality biosolids
stored at a beneficial use site, the date of first delivery of the biosolids to
the beneficial use site and the date that beneficial use of the biosolids is
completed shall be recorded.
(4)
Surface water
diversions and other best management practices shall be utilized when there is
field storage of class B or bulk exceptional quality biosolids at any
beneficial use site. Surface water diversions include, but are not limited to,
silt fences installed to catch any solids in runoff, or temporary berms
installed to divert runoff away from the biosolids. These measures are not
necessary for the temporary transfer of biosolids from a delivery vehicle to a
beneficial use vehicle on the same day the biosolids are delivered to the
beneficial use site.
(5)
If biosolids cannot be beneficially used within ninety
days after delivery to the beneficial use site, the biosolids shall be returned
to the treatment works at which the biosolids were generated, taken to a
landfill for disposal, taken to another treatment works or regional storage
facility provided said treatment works or regional storage facility has an
NPDES permit for the treatment, storage, transfer or disposal of biosolids, or
taken to another beneficial use site where the biosolids shall be beneficially
used the same day that the biosolids were removed from the previous beneficial
use site.
(G)
Regional storage facility requirements. A regional
storage facility is required when class B or bulk exceptional quality biosolids
will be stored for more than ninety days at any location other than the
generating treatment facility.
(1)
A permit to install, in accordance with Chapter 3745-42
of the Administrative Code, shall be obtained from the director prior to the
construction of a regional storage facility.
(2)
An NPDES permit
shall be obtained prior to any treatment of biosolids at a regional storage
facility.
(3)
No person shall take any of the following
actions:
(a)
Store biosolids at a regional storage facility for more than
two years without proper authorization from the director or an authorized
representative.
(b)
Unless in accordance with an NPDES permit, mix class B
biosolids from two or more different treatment works not owned by the same
permittee at a regional storage facility.
(c)
Locate a regional
storage facility within the isolation distances listed in table D-1 of this
rule.
(d)
Locate a regional storage facility within a drinking
water source protection area for a community public water system using ground
water.
(e)
Locate a regional storage facility where there is a
potential for an unpermitted discharge to waters of the state.
(f)
Store biosolids
at a regional storage facility in a manner that is not protective of human
health and the environment, impacts waters of the state or creates nuisance
odors.
(H)
To protect public
health or the environment or to minimize the creation of nuisance odors, the
director or an authorized representative may do any of the following:
(1)
Decrease the
maximum time the biosolids may be stored at a beneficial use site or regional
storage facility.
(2)
Prohibit the storage of biosolids at a beneficial use
site or regional storage facility.
(3)
Require other
measures to protect public health and the environment, or to minimize the
creation of nuisance odors.
Replaces: 3745-40-07
Notes
Ohio Admin. Code
3745-40-07
Effective:
12/1/2018
Five Year Review (FYR) Dates:
12/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 6111.042,
6111.03
Rule
Amplifies: 6111.03,
6111.042
Prior
Effective Dates: 4/8/02, 10/17/03, 10/1/07,
7/1/11
