Table 2 of this
section sets the maximum quantities of pollutants that may be added to an area
of land, also referred to as the cumulative pollutant loading rate. The
cumulative pollutant loading rates in Table 2 apply when the concentration of
any pollutant in biosolids that are applied to the land exceeds the allowable
pollutant concentration limit in Table 3 of this section.
(b) Before bulk biosolids
subject to the cumulative pollutant loading rates in Table 2 of this section
are applied to the land, the person who proposes to apply the bulk biosolids
must contact the local health jurisdiction and the department to determine
whether bulk biosolids subject to the cumulative pollutant loading rates were
applied to the site before the effective date of this chapter.
(i) If bulk biosolids subject to the
cumulative pollutant loading rates in Table 2 of this section have been applied
to the site since July 20, 1993, and the cumulative amount of each pollutant
applied to the site since that date is known, in addition to any amount
subtracted in (b)(iii) of this subsection, the amount previously applied must
be subtracted from the cumulative pollutant loading rate for each pollutant, to
determine the remaining amount of pollutant that may be applied to the
site.
(ii) If bulk biosolids
subject to the cumulative pollutant loading rates in Table 2 of this section
have been applied to the site since July 20, 1993, and the cumulative amount of
each pollutant applied to the site in the bulk biosolids since that date is not
known, additional biosolids subject to the cumulative pollutant loading rates
in Table 2 of this section may not be applied to the site.
(iii) If bulk biosolids were applied to the
site prior to July 20, 1993, and the cumulative amount of each pollutant
applied to the site prior to that date can be determined, in addition to any
amount subtracted in (b)(i) of this subsection, the amount applied must be
subtracted from the cumulative pollutant loading rate for each pollutant, to
determine the remaining amount of pollutant that may be applied to the
site.
(iv) If bulk biosolids
subject to the cumulative pollutant loading rates in Table 2 of this section
have not been applied to the site, the cumulative amount of each pollutant
listed in Table 2 of this section may be applied to the site.
(v) Any person who applies bulk biosolids to
the land, which are subject to the cumulative pollutant loading rates in Table
2 of this section, must provide written notice prior to the initial application
of bulk biosolids to the land. Notice must be submitted to the department, and
to any local health jurisdiction in whose jurisdiction the biosolids will be
applied. The department and the local health jurisdiction must retain and
provide access to the notice. The notice must include the following:
(A) The location of each site, either by
street address, the latitude and longitude of the approximate center, or the
section, township and range of each quarter section, and a map(s)
with the application area(s) clearly shown.
(B) The name, address, telephone number, and
National Pollutant Discharge Elimination System (NPDES) or state waste
discharge permit number and state biosolids permit number (if applicable) of
the person who prepared the biosolids and also of the person who applies (if
applicable) the bulk biosolids.
