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173-308-170
Pathogen reduction.
(1) This section contains the requirements for biosolids to be classified either Class A or Class B with respect to pathogens.

(a) The requirements in subsection (2)(a)(i) and (ii), or (b)(i) and (ii), or (c)(i), (ii), and (iii), or (d)(i), (ii) and (iii), or (e)(i) and (ii), or (f)(i) and (ii) of this section must be met for biosolids to be Class A for pathogens.

(b) The Class A pathogen requirements must be met at the same time or before the vector attraction reduction requirements in WAC 173-308-180 (2), (3), or (4).

(c) The requirements in subsection (3)(a), (b), or (c) of this section must be met for biosolids to be Class B for pathogens.

(2) Biosolids - Class A.

(a) Class A - Alternative 1.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids are prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The time and temperature requirements in (a)(ii)(A), (B), (C), or (D) of this subsection must be met.

(A) When the percent solids of the biosolids is seven percent or higher, the temperature of the biosolids must be 50°C or higher; the time period must be twenty minutes or longer; and the temperature and time period must be determined using equation (1), except when small particles of biosolids are heated by either warmed gases or an immiscible liquid;



D
= 131,700,000 Equation (1)
100.1400t
Where,
D = time in days.
t = temperature in degrees Celsius.

(B) When the percent solids of the biosolids is seven percent or higher and small particles of biosolids are heated by either warmed gases or an immiscible liquid, the temperature of the biosolids must be 50°C or higher; the time period must be fifteen seconds or longer; and the temperature and time period must be determined using equation (1);

(C) When the percent solids of the biosolids is less than seven percent and the time period is at least fifteen seconds, but less than thirty minutes, the temperature and time period must be determined using equation (1);

(D) When the percent solids of the biosolids is less than seven percent; the temperature of the biosolids is 50°C or higher; and the time period is thirty minutes or longer, the temperature and time period must be determined using equation (2).



D
= 50,070,000 Equation (2)
10(0.1400t)
Where,
D = time in days.
t = temperature in degrees Celsius.

(b) Class A - Alternative 2.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The pH of the biosolids that are used must be raised to above twelve and remain above twelve for seventy-two hours; and

(A) The temperature of the biosolids must be above 52°C for twelve hours or longer during the period that the pH of the biosolids is above twelve; and

(B) At the end of the seventy-two-hour period during which the pH of the biosolids is above twelve, the biosolids must be air dried to achieve a percent solids in the biosolids greater than fifty percent.

(c) Class A - Alternative 3.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The biosolids must be analyzed prior to pathogen treatment to determine whether the biosolids contain enteric viruses; and

(A) When the density of enteric viruses in the biosolids prior to pathogen treatment is less than one plaque-forming unit per four grams of total solids (dry weight basis), the biosolids are Class A with respect to enteric viruses until the next monitoring episode for the biosolids; or

(B) When the density of enteric viruses in the biosolids prior to pathogen treatment is equal to or greater than one plaque-forming unit per four grams of total solids (dry weight basis), the biosolids are Class A with respect to enteric viruses when the density of enteric viruses in the biosolids after pathogen treatment is less than one plaque-forming unit per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the biosolids that meets the enteric virus density requirement are documented.

(C) After the enteric virus reduction in (c)(ii)(B) of this subsection is demonstrated for the pathogen treatment process, the biosolids continue to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented.

(iii) The biosolids must be analyzed prior to pathogen treatment to determine whether the biosolids contains viable helminth ova; and

(A) When the density of viable helminth ova in the biosolids prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the biosolids are Class A with respect to viable helminth ova until the next monitoring episode for the biosolids; or

(B) When the density of viable helminth ova in the biosolids prior to pathogen treatment is equal to or greater than one per four grams of total solids (dry weight basis), the biosolids are Class A with respect to viable helminth ova when the density of viable helminth ova in the biosolids after pathogen treatment is less than one per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the biosolids that meets the viable helminth ova density requirement are documented.

(C) After the viable helminth ova reduction in (c)(iii)(B) of this subsection is demonstrated for the pathogen treatment process, the biosolids continues to be Class A with respect to viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented.

(d) Class A - Alternative 4.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The density of enteric viruses in the biosolids must be less than one plaque-forming unit per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200, unless otherwise specified by the department; and

(iii) The density of viable helminth ova in the biosolids must be less than one per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200, unless otherwise specified by the department.

(e) Class A - Alternative 5.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The biosolids must be treated in one of the processes to further reduce pathogens described in (e)(ii)(A) through (G) of this subsection.

(A) Composting.

(I) Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the biosolids must be maintained at 55°C or higher for three days.

(II) Using the windrow composting method, the temperature of the biosolids must be maintained at 55°C or higher for fifteen days or longer. During the period when the compost is maintained at 55°C or higher, there must be a minimum of five turnings of the windrow.

(B) Heat drying. Biosolids must be dried by direct or indirect contact with hot gases to reduce the moisture content of the biosolids to ten percent or less. Either the temperature of the biosolids particles must exceed 80°C or the wet bulb temperature of the gas in contact with the biosolids as the biosolids leaves the dryer must exceed 80°C.

(C) Heat treatment. Liquid biosolids must be heated to a temperature of 180°C or higher for thirty minutes.

(D) Thermophilic aerobic digestion. Liquid biosolids must be agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the biosolids must be at least ten days at 55 to 60°C.

(E) Beta ray irradiation. Biosolids must be irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20°C).

(F) Gamma ray irradiation. Biosolids must be irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (ca. 20°C).

(G) Pasteurization. The temperature of the biosolids must be maintained at 70°C or higher for thirty minutes or longer.

(f) Class A - Alternative 6.

(i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and

(ii) The biosolids must be treated in a process that is equivalent to a process to further reduce pathogens. Pathogen equivalency for biosolids applied to land under jurisdiction of the state of Washington will be determined by the department or by the EPA with the approval and concurrence of the department.

(3) Biosolids - Class B.

(a) Class B - Alternative 1.

(i) Seven samples of the biosolids must be collected at the time the biosolids are used; and

(ii) The geometric mean of the density of fecal coliform of the samples must be less than 2,000,000 Most Probable Number per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of total solids (dry weight basis).

(b) Class B - Alternative 2. The biosolids must be treated in one of the processes to significantly reduce pathogens described in (b)(i) through (v) of this subsection.

(i) Aerobic digestion. The biosolids must be agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature must be between forty days at 20°C and sixty days at 15°C.

(ii) Air drying. The biosolids must be dried on sand beds or on paved or unpaved basins. The biosolids must dry for a minimum of three months. During two of the three months, the ambient average daily temperature must be above 0°C.

(iii) Anaerobic digestion. The biosolids must be treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature must be between fifteen days at 35 to 55°C and sixty days at 20°C.

(iv) Composting. Using the within-vessel, static aerated pile, or windrow composting methods, the temperature of the biosolids must be raised to 40°C or higher and remain at 40°C or higher for five days. For four hours during the five days, the temperature in the compost pile must exceed 55°C.

(v) Lime stabilization. Sufficient lime must be added to the biosolids to raise the pH of the biosolids to twelve after two hours of contact.

(c) Class B - Alternative 3. The biosolids must be treated in a process that is equivalent to a process to significantly reduce pathogens. Pathogen equivalency for biosolids applied to land under jurisdiction of the state of Washington will be determined by the department or by the EPA with the approval and concurrence of the department.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-170, filed 2/18/98, effective 3/21/98.]




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173-308-180
Vector attraction reduction.
(1) When vector attraction reduction is accomplished prior to application of biosolids to the land, the requirements in one of subsections (2) through (7) of this section must be met.

The vector attraction reduction requirements in subsection (2), (3), or (4) of this section must be met at the same time or after the Class A pathogen requirements in WAC 173-308-170.

(2) The mass of volatile solids in the biosolids must be reduced by a minimum of thirty-eight percent (see calculation procedures in "Environmental Regulations and Technology--Control of Pathogens and Vector Attraction in Sewage Sludge," EPA-625/R-92/013, 1992, U.S.EPA, Cincinnati, OH 45268.)

(a) When the thirty-eight percent volatile solids reduction requirement in this subsection (2) cannot be met for anaerobically digested biosolids, vector attraction reduction can be demonstrated by digesting a portion of the previously digested biosolids anaerobically in the laboratory in a bench-scale unit for forty additional days at a temperature between 30 and 37°C. After the forty-day period, the vector attraction reduction requirement is met if the volatile solids in the biosolids at the beginning of that period are reduced by less than seventeen percent.

(b) When the thirty-eight percent volatile solids reduction requirement in this subsection (2) cannot be met for aerobically digested biosolids, vector attraction reduction can be demonstrated by digesting a portion of the previously digested biosolids that has a percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for thirty additional days at 20°C. After the thirty-day period, the vector attraction reduction requirement is met if the volatile solids in the biosolids at the beginning of that period are reduced by less than fifteen percent.

(3) The specific oxygen uptake rate (SOUR) for biosolids treated in an aerobic process must be less than or equal to 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20°C.

(4) The biosolids must be treated in an aerobic process for fourteen days or longer. During that time, the temperature of the biosolids must be higher than 40°C and the average temperature of the biosolids must be higher than 45°C.

(5) The pH of the biosolids must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for two hours and then at 11.5 or higher for an additional twenty-two hours.

(6) For biosolids that do not contain unstabilized solids generated in a primary wastewater treatment process, the percent solids must be equal to or greater than seventy-five percent based on the moisture content and total solids prior to mixing with other materials.

(7) For biosolids that contain unstabilized solids generated in a primary wastewater treatment process, the percent solids must be equal to or greater than ninety percent based on the moisture content and total solids prior to mixing with other materials.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-180, filed 2/18/98, effective 3/21/98.]




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173-308-190
Protecting waters of the state — Agronomic rate requirement.
In accordance with water quality standards for ground waters of the state of Washington, chapter 173-200 WAC, biosolids must be applied to the land in a manner approved by the department, and at not greater than agronomic rates unless otherwise specified by the department in accordance with subsection (1) or (2) of this section. Agronomic rate determinations must take into account nitrogen supplied from other sources such as manures and commercial fertilizers as well as biosolids.

(1) Biosolids applied to land reclamation sites may be applied in excess of agronomic rates if approved by the department in a site specific land application plan developed under WAC 173-308-310(6).

(2) For the purposes of furthering necessary research efforts, biosolids may be applied at greater than agronomic rates to limited areas of land if approved by the department in a site specific land application plan developed under WAC 173-308-310(6). In addition to the elements required under WAC 173-308-310(6), the land application plan for a research project must also include:

(a) A research proposal describing the nature of the project, what may be learned, the anticipated benefits, provisions for progress reports and peer review, and interpretation of results;

(b) An explanation for the sizing of the research plot(s). Plot size must not exceed the minimum area required to support the goals of the research; and

(c) A discussion of any potential adverse impacts of application rates in excess of agronomic rates, along with potential mitigation or response to adverse effects if observed.

(3) The person who prepares exceptional quality biosolids that are sold or given away to another person must provide sufficient information to allow the person who receives the biosolids to determine an agronomic rate of application.

(4) The person who applies exceptional quality biosolids to the land is responsible for compliance with the agronomic rate requirement in this section.

(5) When the potential for ground water contamination due to biosolids application exists, the department may require ground water monitoring or other conditions in accordance with WAC 173-200-080. If it is determined that an enforcement criterion may be violated, an evaluation must be conducted to demonstrate compliance with the provisions of WAC 173-200-050 (3)(b)(vi).



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-190, filed 2/18/98, effective 3/21/98.]




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173-308-200
Exemptions based on the exceptional quality of biosolids.
(1) The person who prepares and the person who applies biosolids that meet criteria to be classified as exceptional quality are exempt from the following requirements:

(a) The site management and access restrictions in WAC 173-308-210(4), 173-308-220(4), 173-308-230(4), and 173-308-240(4);

(b) The labeling requirement derived from Table 4 of WAC 173-308-160 for the annual whole biosolids application rate in WAC 173-308-260 (1)(b)(ii);

(c) The requirement in WAC 173-308-120(6) for obtaining prior written approval of the landowner;

(d) The land application plan requirements of WAC 173-308-310(6), except as provided in WAC 173-308-310 (6)(a)(ii) or (iii);

(e) The recordkeeping requirements in WAC 173-308-210 (5)(b), 173-308-220 (5)(b), 173-308-230 (5)(b), and 173-308-240 (6)(b);

(f) The requirements in WAC 173-308-300 (2)(a) and (b) for approved plans when used as a component of intermediate or final cover in a municipal solid waste landfill.

(2) On a case-by-case basis, the director may apply any or all of the site management and access restrictions exempted under WAC 173-308-200 (1)(a) after determining that the requirements are necessary to protect public health and the environment from any adverse effect that may occur from a pollutant in the bulk biosolids.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-200, filed 2/18/98, effective 3/21/98.]




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173-308-210
Bulk biosolids applied to agricultural land.
(1) Pollutant concentrations.

(a) The concentration of a pollutant in bulk biosolids that are applied to agricultural land may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160.

(b) If the concentration of a pollutant in bulk biosolids that are applied to agricultural land exceeds the pollutant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i).

(2) Pathogens. Bulk biosolids that are applied to agricultural land must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restrictions in subsection (4)(a)(i) through (x) and (b)(i) through (iii) of this section must be met.

(3) Vector attraction reduction.

(a) Bulk biosolids that are applied to agricultural land must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsection must be met.

(b)(i) The biosolids must be injected below the surface of the land; and

(A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and

(B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process.

(ii) Biosolids must be incorporated into the soil within six hours after application to the land;

When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process.

(4) Site management and access restrictions.

(a) The site management and access restrictions in (a)(i) through (x) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to agricultural land.

(i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids.

(ii) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of biosolids.

(iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after application of biosolids when the biosolids remain on the land surface for four months or longer prior to incorporation into the soil.

(iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil.

(v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids.

(vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.

(vii) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids.

(viii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids.

(ix) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and otherwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275.

It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(ix) of this subsection during the period when access is restricted.

(x) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter.

(b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to agricultural land.

(i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless otherwise specified by the department.

(ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department or by EPA with the approval of the department.

(iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat.

(5) Recordkeeping.

(a) The person who prepares biosolids for application to agricultural land must keep the records required in WAC 173-308-290 (2) and (3).

(b) The person who applies biosolids that do not meet criteria to be classified as exceptional quality to agricultural land must keep the records required in WAC 173-308-290(4).

(6) Reporting. The person who prepares biosolids for application to agricultural land must submit an annual report in accordance with the requirements of WAC 173-308-295.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-210, filed 2/18/98, effective 3/21/98.]




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173-308-220
Bulk biosolids applied to forestland.
(1) Pollutant concentrations.

(a) The concentration of a pollutant in bulk biosolids that are applied to forestland may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160.

(b) If the concentration of a pollutant in bulk biosolids that are applied to forestland exceeds the pollutant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i).

(2) Pathogens. Bulk biosolids that are applied to forestland must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restrictions in subsection (4)(a)(i) through (ix) and (b)(i) through (iii) of this section must be met.

(3) Vector attraction reduction.

(a) Bulk biosolids that are applied to forestland must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsection must be met.

(b)(i) The biosolids must be injected below the surface of the land; and

(A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and

(B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process.

(ii) Biosolids must be incorporated into the soil within six hours after application to the land.

When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process.

(4) Site management and access restrictions.

(a) The site management and access restrictions in (a)(i) through (ix) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to forestland.

(i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids.

(ii) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of biosolids.

(iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after application of biosolids when the biosolids remain on the land surface for four months or longer prior to incorporation into the soil.

(iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil.

(v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids.

(vi) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids.

(vii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids.

(viii) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and otherwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275.

It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(viii) of this subsection during the period when access is restricted.

(ix) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter.

(b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to forestland.

(i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless otherwise specified by the department.

(ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department.

(iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat.

(5) Recordkeeping.

(a) The person who prepares biosolids for application to forestland must keep the records required in WAC 173-308-290 (2) and (3).

(b) The person who applies biosolids that do not meet criteria to be classified as exceptional quality to forestland must keep the records required in WAC 173-308-290(4).

(6) Reporting. The person who prepares biosolids for application to forestland must submit an annual report in accordance with the requirements of WAC 173-308-295.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-220, filed 2/18/98, effective 3/21/98.]




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173-308-230
Bulk biosolids applied to a public contact site.
(1) Pollutant concentrations.

(a) The concentration of a pollutant in bulk biosolids that are applied to a public contact site may not exceed the ceiling limit in Table 1 of WAC 173-308-160.

(b) If the concentration of a pollutant in bulk biosolids that are applied to a public contact site exceeds the pollutant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i).

(2) Pathogens. Bulk biosolids that are applied to a public contact site must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restrictions in WAC 173-308-230 (4)(a)(i) through (ix) and (b)(i) through (iii) must be met.

(3) Vector attraction reduction.

(a) Bulk biosolids that are applied to a public contact site must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsection must be met.

(b)(i) The biosolids must be injected below the surface of the land; and

(A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and

(B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process.

(ii) Biosolids must be incorporated into the soil within six hours after application to the land.

When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process.

(4) Site management and access restrictions.

(a) The site management and access restrictions in (a)(i) through (ix) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to a public contact site.

(i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids.

(ii) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of biosolids.

(iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after application of biosolids when the biosolids remain on the land surface for four months or longer prior to incorporation into the soil.

(iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil.

(v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids.

(vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.

(vii) Public access must be restricted for one year after application of biosolids.

(viii) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and otherwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275.

It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(viii) of this subsection during the period when access is restricted.

(ix) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter.

(b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to a public contact site.

(i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless otherwise specified by the department.

(ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department.

(iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat.

(5) Recordkeeping.

(a) The person who prepares bulk biosolids for application to a public contact site must keep the records required in WAC 173-308-290 (2) and (3).

(b) The person who applies bulk biosolids that do not meet criteria to be classified as exceptional quality to a public contact site must keep the records required in WAC 173-308-290(4).

(6) Reporting. The person who prepares bulk biosolids for application to a public contact site must submit an annual report in accordance with the requirements of WAC 173-308-295.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-230, filed 2/18/98, effective 3/21/98.]




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173-308-240
Bulk biosolids applied to a land reclamation site.
(1) Pollutant concentrations.

(a) The concentration of a pollutant in bulk biosolids that are applied to a land reclamation site may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160.

(b) If the concentration of a pollutant in bulk biosolids that are applied to a land reclamation site exceeds the pollutant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i).

(2) Pathogens. Bulk biosolids that are applied to a land reclamation site must be Class A for pathogens, or the bulk biosolids must be Class B for pathogens and the site management and access restrictions in subsection (4)(a)(i) through (x) and (b)(i) through (iii) of this section must be met.

(3) Vector attraction reduction.

(a) Bulk biosolids that are applied to a land reclamation site must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsection must be met.

(b)(i) The biosolids must be injected below the surface of the land; and

(A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and

(B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process.

(ii) Biosolids must be incorporated into the soil within six hours after application to the land.

When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process.

(4) Site management and access restrictions.

(a) The site management and access restrictions in (a)(i) through (x) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to a land reclamation site.

(i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids.

(ii) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of biosolids.

(iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after application of biosolids when the biosolids remain on the land surface for four months or longer prior to incorporation into the soil.

(iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil.

(v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids.

(vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.

(vii) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids.

(viii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids.

(ix) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and otherwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275.

It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(ix) of this subsection during the period when access is restricted.

(x) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter.

(b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to a land reclamation site.

(i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless otherwise specified by the department;

(ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department;

(iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat.

(5) Application exceeding agronomic rates. In accordance with WAC 173-308-190 (1) and (5), when biosolids will be applied to a land reclamation site in excess of agronomic rates, the application rate must be approved in a site specific land application plan by the department. The department may require that an evaluation be conducted as specified in WAC 173-200-080. Where it is determined that an enforcement criterion may be violated, the evaluation must be conducted to demonstrate compliance with the provisions of WAC 173-200-050 (3)(b)(vi).

(6) Recordkeeping.

(a) The person who prepares biosolids for application to a land reclamation site must keep the records required in WAC 173-308-290 (2) and (3).

(b) The person who applies biosolids that do not meet criteria to be classified as exceptional quality to a land reclamation site must keep the records required in WAC 173-308-290(4).

(7) Reporting.

The person who prepares biosolids for application to a land reclamation site must submit an annual report in accordance with the requirements of WAC 173-308-295.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-240, filed 2/18/98, effective 3/21/98.]




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173-308-250
Bulk biosolids applied to a lawn or home garden.
(1) Bulk biosolids that are applied to a lawn or home garden must meet the criteria to be classified as exceptional quality as defined in WAC 173-308-080.

(2) Recordkeeping. The person who prepares bulk biosolids for application to a lawn or home garden must keep the records required in WAC 173-308-290 (2) and (3).

(3) Reporting. The person who prepares bulk biosolids for application to a lawn or home garden must submit annual reports in accordance with the requirements of WAC 173-308-295.



[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-250, filed 2/18/98, effective 3/21/98.]




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173-308-260
Biosolids sold or given away in a bag or other container.
(1) Pollutant concentrations.

(a) The concentration of a pollutant in biosolids that are sold or given away in a bag or other container may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160.

(b) If biosolids that are sold or given away in a bag or other container exceed the pollutant concentration limits in Table 3 of WAC 173-308-160, then:

(i) The mathematical product of the concentration of each pollutant in the biosolids and the annual whole biosolids application rate for the biosolids must not cause the annual pollutant loading rate for the pollutant in Table 4 of WAC 173-308-160 to be exceeded;

The procedure for determining the annual whole biosolids application rate that complies with the requirement in (b)(i) of this subsection is specified in Appendix A of this chapter.

(ii) The annual whole biosolids application rate as calculated in (b)(i) of this subsection, or the recommended agronomic rate, whichever is less, must be included on the label or information sheet required in WAC 173-308-260(4).

(2) Pathogens. Biosolids that are sold or given away in a bag or other container must be Class A for pathogens.

(3) Vector attraction. One of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) must be met when biosolids are sold or given away in a bag or other container for application to the land.

(4) Label or information sheet required. Any person who prepares biosolids that are sold or given away in a bag or other container in the state of Washington, must comply with the requirements of (a)(i) through (vi) of this subsection when the biosolids product is prepared or derived from biosolids that do not meet exceptional quality standards.

(a) A label must be affixed to the bag or other container in which biosolids are sold or given away, or an information sheet must be provided to the person who receives biosolids that are sold or given away in a bag or other container. The label or information sheet must contain the following information:

(i) The name, address, and phone number of the person who prepared the biosolids.

(ii) A statement or information indicating that the product complies with applicable regulations for biosolids or that the product has been prepared to meet standards that make it safe for its intended use when used in accordance with the directions provided by the manufacturer.

(iii) A statement or information that encourages proper use of the product and protection of public health and the environment. This may include information on agronomic rates, product storage, hygiene, and protection of surface or ground water resources. (continued)