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(iv) Agronomic rates for typical applications or guidance on how to determine the agronomic rate of application.
(v) A statement or information indicating that the product contains or is derived from biosolids.
(vi) Any additional information needed to facilitate safe use of the product.
(b) In addition to the information required in (a)(i) through (vi) of this subsection, the information in subsection (1)(b)(ii) of this section when the pollutant limits in Table 3 of WAC 173-308-160 are exceeded.
(c) Any person who prepares biosolids that are sold or distributed outside the jurisdiction of the state of Washington, must comply with the requirements in 40 CFR Part 503.14(e), as applicable.
(5) Recordkeeping. The person who prepares biosolids for sale or give away in a bag or other container must keep the records required in WAC 173-308-290 (2) and (5).
(6) Reporting. The person who prepares biosolids for sale or give away in a bag or other container 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), § 173-308-260, filed 2/18/98, effective 3/21/98.]
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173-308-270
Domestic septage management requirements.
(1) Domestic septage may not be applied to a public contact site, a lawn, or a home garden, unless it is managed as biosolids originating from municipal sewage sludge according to this subsection (1).
When domestic septage managed as biosolids originating from municipal sewage is applied to the land, unless otherwise provided, all applicable requirements for biosolids must be met, including but not limited to requirements for pathogen and vector attraction reduction, site management and access restrictions, pollutant concentration limits, agronomic rates, obtaining and providing information, sampling and analysis, and recordkeeping and reporting.
(2) Domestic septage that is applied to the land must be treated by a process such as physical screening or grinding, or another approved method must be employed to significantly remove or reduce recognizable materials when septage is applied to the land.
(3) Pathogens.
(a) When domestic septage - class II is applied to the land, the alkaline stabilization requirement of (b) of this subsection must be met, or the Class B pathogen requirements in one of WAC 173-308-170 (3)(a) through (c) and the site management and access restrictions in subsection (5)(a)(i) through (ix) and (b)(i) through (iv) of this section must be met.
(b) When domestic septage - class I or III is applied to the land, the pH of the septage must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for thirty minutes and the site management and access restrictions in subsection (5)(a)(i) through (ix) of this section must be met, or, when pH adjustment is not used to achieve pathogen reduction requirements, the site management and access restrictions in subsection (5)(a)(i) through (ix) and (b)(i) through (iv) of this section must be met.
(4) Vector attraction reduction. The requirements in one of (a), (b), or (c) of this subsection, must be met when domestic septage is applied to the land.
(a) The septage must be injected below the surface of the land;
(i) No significant amount of septage may be present on the land surface within one hour after the septage is injected; and
(ii) When the septage is Class A for pathogens, the septage must be injected below the land surface within eight hours after being discharged from the pathogen treatment process.
(b) Septage must be incorporated into the soil within six hours after application to the land;
When septage that is incorporated into the soil is Class A with respect to pathogens, the septage must be applied to the land within eight hours after being discharged from the pathogen treatment process.
(c) The pH of the septage must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for thirty minutes.
(5) Site management and access restrictions.
(a) The site management and access restrictions in (a)(i) through (ix) of this subsection are applicable when domestic septage is applied to the land.
(i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after the application of septage.
(ii) Food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of septage.
(iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after application of septage when the septage remains 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 septage when the septage remains on the land surface for less than four months prior to incorporation into the soil.
(v) 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 subsection (4)(a)(v) of this section during the period when access is restricted.
(vi) Septage must not be applied to land that is one hundred feet or less from surface waters of the state, unless otherwise specified by the department;
(vii) Septage must not be applied to the land so that it enters 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;
(viii) Septage must not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat.
(ix) Septage 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) In addition to the site management and access restrictions in (a)(i) through (ix) of this subsection, the additional site management and access restrictions in (b)(i) through (iv) of this subsection apply to domestic septage if the pH adjustment requirement of subsection (3)(b) of this section is not met when septage is applied to the land.
(i) Livestock must not be allowed to graze on the land for thirty days after application of septage.
(ii) Turf grown on land where septage is applied must not be harvested for one year after application of the septage 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.
(iii) Public access to land with a high potential for public exposure must be restricted for one year after the application of septage.
(iv) Public access to land with a low potential for public exposure must be restricted for thirty days after the application of septage.
(6) Except as provided in this subsection (6), septage that is applied to the land must be applied at a rate not exceeding the rate determined by equation (3).
AAR = N Equation (3)
0.0026
Where:
AAR = Annual application rate in gallons per acre per three hundred sixty-five-day period.
N = Amount of nitrogen in pounds per acre per 365 day period needed by the crop or vegetation grown on the land.
A person may not apply domestic septage to the land during a three hundred sixty-five-day period if the annual application rate in this subsection (6) has been reached during that period, unless the domestic septage is managed as biosolids originating from municipal sewage sludge per subsection (1) of this section.
(7) Monitoring.
(a) Samples of domestic septage that are collected and analyzed must be representative of the material that is applied to the land.
(b) When domestic septage - class I, II, or III is applied to the land and pH adjustment is used to meet any pathogen or vector attraction reduction requirement, each container of domestic septage that is applied to the land must be monitored to determine compliance with pH requirements.
(8) Recordkeeping. The person who prepares septage and the person who applies septage must keep the records required in WAC 173-308-290(6).
(9) Reporting. Facilities that prepare septage for application to the land, and persons who apply septage to the land, which is not prepared at a treatment works treating domestic sewage 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), § 173-308-270, filed 2/18/98, effective 3/21/98.]
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173-308-275
Contents of signs for land application sites.
(1) When signs are required for the purpose of restricting access, they must contain at least the following information:
(a) The name and address or phone number of the generator and if different, the person who applies;
(b) The names, addresses, and phone numbers of the regulatory and permitting authorities;
(c) The material that is being applied (biosolids or a more detailed description);
(d) Notice that access is restricted, and if desired, the date after which access is no longer restricted; and
(e) If applicable, a notice on limitations regarding the harvest of edible plants from the site.
(2) With the consent of the department, "no trespassing" signs may be substituted for the informational signs required under subsection (1) of this section.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-275, filed 2/18/98, effective 3/21/98.]
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173-308-280
Requirements for facilities storing biosolids.
(1) Facilities storing biosolids must do so in accordance with the provisions of a permit issued under this chapter, if an applicable permit has been issued.
(2) Biosolids may not be stored in a manner that would be likely to result in the contamination of ground water, surface water, air, or land under current conditions or in the case of fire or flood.
(3) Facilities storing liquid biosolids in surface impoundments must meet the requirements in WAC 173-304-430 and other applicable sections of chapter 173-304 WAC that apply to the design, construction, and operation of surface impoundments.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-280, filed 2/18/98, effective 3/21/98.]
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173-308-290
Recordkeeping.
(1)(a) Both the person who prepares biosolids and the person who applies bulk biosolids to the land must keep certain records and certification statements showing that applicable standards for biosolids quality, treatment, and management have been met. Records must also be kept on the amount and type biosolids applied to the land under different management scenarios or that are disposed of in a municipal solid waste landfill.
(b) A responsible official as described in WAC 173-308-310(8) must sign all certification statements required under this section.
(2) The person who prepares biosolids must keep the following records (amounts recorded as dry tons):
(a) The amount of bulk biosolids applied by the preparer or the preparer's agents to agricultural land;
(b) The amount of bulk biosolids applied by the preparer or the preparer's agents to forestland;
(c) The amount of bulk biosolids applied by the preparer or the preparer's agents to a public contact site;
(d) The amount of bulk biosolids applied by the preparer or the preparer's agents to a land reclamation site;
(e) The amount of bulk biosolids applied by the preparer or the preparer's agents to a lawn or home garden;
(f) The amount of biosolids that are sold or given away by the preparer in a bag or other container for application to the land;
(g) The amount of biosolids in a compost or blended biosolids product that is sold or given away by the preparer in bulk form or in a bag or other container for application to the land;
(h) The amount of bulk biosolids that are sold or given away by the preparer to another person who prepares biosolids for application to the land;
(i) The amount of bulk biosolids that are sold or given away by the preparer to a person other than an agent of the preparer for application to the land; and
(j) The amount of biosolids that are disposed in a municipal solid waste landfill on an emergency, temporary, or long-term basis.
(3) When bulk biosolids are applied to the land, the person who prepares the biosolids must develop and maintain the following information, as applicable, for five years:
(a) If the pollutant limits in Table 3 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met; or, if the pollutant ceiling concentrations in Table 1 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met.
(b) If the Class A pathogen requirements in one of WAC 173-308-170 (2)(a) through (f) were met, process monitoring and/or laboratory analysis data showing that those requirements were met, and a description of how those requirements were met; or, if the Class B pathogen standards in one of WAC 173-308-170 (3)(a), (b), or (c) were met, process monitoring and/or laboratory analysis data showing that those requirements were met, and a description of how those requirements were met.
(c) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, process monitoring and/or laboratory analysis monitoring data showing that those requirements were met and a description of how those requirements were met.
(d) One of the following certification statements, as applicable:
(i) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, the following signed certification: "I certify, under penalty of law, that the (insert Class A or Class B as appropriate) pathogen requirements in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A, or insert one of WAC 173-308-170 (3)(a), (b), or (c) if Class B), and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7)) have been met. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that pathogen and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(ii) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were not met, the following signed certification: "I certify, under penalty of law, that the (insert Class A or Class B as appropriate) pathogen requirements in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A, or insert one of WAC 173-308-170 (3)(a), (b), or (c) if Class B) have been met. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that pathogen reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(4) When bulk biosolids are applied to the land, the person who applies the biosolids must develop and maintain the following information, as applicable, for five years or indefinitely as required in (c) of this subsection:
(a) If the Class B pathogen standards in one of WAC 173-308-170 (3)(a), (b), or (c) were met, a description of how the site management and access restrictions in WAC 173-308-210 (4)(a)(i) through (x), or WAC 173-308-220 (4)(a)(i) through (ix), or WAC 173-308-230 (4)(a)(i) through (ix), or WAC 173-308-240 (4)(a)(i) through (x), as applicable, were met for each site on which biosolids were applied.
The following signed certification: "I certify, under penalty of law, that the site management and access restrictions in (insert WAC 173-308-210 (4)(a)(i) through (x), or WAC 173-308-220 (4)(a)(i) through (ix), or WAC 173-308-230 (4)(a)(i) through (ix), or WAC 173-308-240 (4)(a)(i) through (x), as applicable) have been met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site management and access restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment."
(b) If the vector attraction reduction requirements in WAC 173-308-210 (3)(b)(i) or (ii), WAC 173-308-220 (3)(b)(i) or (ii), WAC 173-308-230 (3)(b)(i) or (ii), or WAC 173-308-240 (4)(b)(i) or (ii) were met, a description of how those requirements were met.
The following signed certification: "I certify, under penalty of law, that the vector attraction reduction requirement in (insert WAC 173-308-210 (3)(b)(i) or (ii), WAC 173-308-220 (3)(b)(i) or (ii), WAC 173-308-230 (3)(b)(i) or (ii), WAC 173-308-240 (3)(b)(i) or (ii), as applicable) has been met for each site on which biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction and site management requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(c) If the pollutant ceiling concentration limits in Table 1 of WAC 173-308-160 were met (but the concentration limits in Table 3 were exceeded), the information in (c)(i) through (v) of this subsection must be developed and kept indefinitely.
(i) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township, and range of each quarter section on which biosolids were applied.
(ii) The number of hectares in each site on which bulk biosolids were applied.
(iii) The date and time bulk biosolids were applied to each site.
(iv) The cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of WAC 173-308-160 in the bulk biosolids applied to each site, including the amount(s) in WAC 173-308-160 (2)(b)(i) and (iii).
(v) The amount of biosolids (i.e., dry metric tons) applied to each site.
(d) A description of how the requirement to obtain information under WAC 173-308-160 (2)(b) was met.
(i) The following signed certification: "I certify, under penalty of law, that the requirement to obtain information under WAC 173-308-160 (2)(b) has been met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment."
(ii) If the biosolids that were applied to the land did not meet standards to be classified as exceptional quality, and the site management restrictions in WAC 173-308-210 (4)(b)(i) through (iii), or WAC 173-308-220 (4)(b)(i) through (iii), or WAC 173-308-230 (4)(b)(i) through (iii), or WAC 173-308-240 (4)(b)(i) through (iii) were met, the following signed certification:
"I certify, under penalty of law, that the site management restrictions in (insert WAC 173-308-210 (4)(b)(i) through (iii), or WAC 173-308-220 (4)(b)(i) through (iii), or WAC 173-308-230 (4)(b)(i) through (iii), or WAC 173-308-240 (4)(b)(i) through (iii), as applicable) were met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site management restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment."
(5) When biosolids are sold or given away in a bag or other container for application to the land, the person who prepares the biosolids must develop and maintain the following information, as applicable, for five years:
(a) If the pollutant limits in Table 3 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met; or, if the pollutant ceiling concentrations in Table 1 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met.
(b) Process monitoring and/or laboratory analysis data showing that the Class A pathogen requirements in one of WAC 173-308-170 (2)(a) through (f) were met, and a description of how those requirements were met.
(c) Process monitoring and/or laboratory analysis data showing that the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, and a description of how those requirements were met.
(d) The following certification statement:
"I certify, under penalty of law, that the Class A pathogen requirement in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A), and the vector attraction reduction requirement in (insert one of WAC 173-308-180 (2) through (7)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that pathogen requirement and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(e) When the biosolids are subject to the requirements of WAC 173-308-160(4), the concentration in the biosolids of each pollutant listed in Table 4 of WAC 173-308-160, and the annual whole biosolids application rate that does not cause the annual pollutant loading rates in Table 4 of WAC 173-308-160 to be exceeded.
The following certification statement:
"I certify, under penalty of law, that the labeling and notification requirement in WAC 173-308-260 (1)(b)(ii) has been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the labeling and notification requirements are met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(6) When domestic septage is applied to the land, the person who applies the domestic septage must develop and maintain the following information, as applicable, for five years:
(a) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township and range of each quarter section on which septage is applied.
(b) The number of acres in each site on which septage is applied.
(c) The date and time septage is applied to each site.
(d) The nitrogen requirement for the crop or vegetation grown on each site during a three hundred sixty-five-day period.
(e) The rate, in gallons per acre per three hundred sixty-five-day period, at which septage is applied to each site and the total number of gallons of septage applied to each site;
(f) The source of the septage, including the name and address of the individual or business where the septage was generated, or in the case of a centralized septage treatment facility, the name of the person or business who delivered the septage, the dates of delivery, and how much septage was delivered.
(g) The class of septage as defined in WAC 173-308-080.
(h) A description of how the pathogen requirements in WAC 173-308-270 (3)(a) or (b) were met.
(i) A description of how the vector attraction reduction requirements in one of WAC 173-308-270 (4)(a), (b), or (c) were met.
(j) A description of how the applicable site management and access restriction requirements in WAC 173-308-270(5) were met.
(k) The following signed certification: "I certify, under penalty of law, that the pathogen requirements in (insert either WAC 173-308-270 (3)(a) or (b)), the vector attraction reduction requirements in (insert one of WAC 173-308-270 (4)(a), (b), or (c)), and the applicable site management and access restriction requirements in WAC 173-308-270(5) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen and vector attraction reduction requirements and site management and access restrictions have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-290, filed 2/18/98, effective 3/21/98.]
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173-308-295
Annual reports.
(1) Class I biosolids management facilities, treatment works treating domestic sewage with a design flow rate equal to or greater than one million gallons per day, and those that serve 10,000 people or more, must submit to the department by March 1 of each year, the following information for the preceding calendar year:
(a) All applicable information required under WAC 173-308-290 (2), (3) and (5);
(b) The information in WAC 173-308-290 (4)(c)(i) through (v) and WAC 173-308-290 (4)(d) and (d)(i) and (ii) when ninety percent or more of any of the cumulative pollutant loading rates in Table 2 of WAC 173-308-160 have been reached.
(2) Other facilities and treatment works treating domestic sewage that are not required to submit an annual report under WAC 173-308-295(1) must submit part or all of any applicable information in WAC 173-308-290 (1)(a) and (b) as required by the department on the written request of the department, or in accordance with the requirements of an applicable permit issued by the department.
(3) All persons who apply septage to the land must submit to the department by March 1 of each year, the following information for the preceding calendar year:
(a) The number of gallons of septage applied to the land.
(b) The number of acres of land to which septage was applied.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-295, filed 2/18/98, effective 3/21/98.]
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173-308-300
Disposal of municipal sewage sludge or biosolids in municipal solid waste landfill units.
(1) When biosolids are placed in a municipal solid waste landfill unit they are considered solid waste (municipal sewage sludge).
(2) The use of municipal sewage sludge or biosolids that are subject to regulation under this chapter, as daily cover or as an amendment to daily cover is not a beneficial use and is considered disposal.
The use of biosolids as a component of landfill intermediate or final cover is considered a beneficial use if it is consistent with an approved landfill plan of operations or closure/post-closure plan.
(a) Landfills that use biosolids that do not meet standards to be classified as exceptional quality as a component of intermediate or final cover must have an approved site specific land application plan that meets the requirements of WAC 173-308-310(6) and 173-308-210, 173-308-230, or 173-308-240, as applicable.
(b) For the purposes of beneficial use on a municipal solid waste landfill unit, a site specific land application plan may recognize an approved plan of operations or closure/post-closure plan that addresses the substantive requirements of WAC 173-308-310(6) and 173-308-210, 173-308-230, or 173-308-240, as applicable.
(3) Any landfill accepting municipal sewage sludge for disposal must be in compliance with the requirements of chapter 173-351 WAC and 40 CFR Part 258.
(4) Municipal sewage sludge that is disposed in a municipal solid waste landfill must meet the liquids in landfills restrictions of WAC 173-351-200(9).
(5) Municipal sewage sludge that is disposed in a municipal solid waste landfill must not be hazardous waste as defined in chapter 173-303 WAC.
(6) Disposal on an emergency or temporary basis. Facilities wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on an emergency or temporary basis must meet the conditions of (a) through (c) of this subsection and those in WAC 173-351-220(10).
(a) The person proposing to dispose of municipal sewage sludge must obtain a written determination from the local health department where the biosolids are being or would be land applied, that a potentially unhealthful circumstance exists under present conditions of management or would result from further land application of the biosolids, and that other management options are unavailable or would pose a threat to human health or the environment.
(b) Upon making the determination in (a) of this subsection, the local health department must notify the department in writing, of its findings and the basis for its determination. In its notification, the local health department must state the date on which disposal is approved to commence, any conditions, and the date after which continued disposal is prohibited.
(i) If the municipal sewage sludge is proposed to be disposed of in a municipal solid waste landfill outside the jurisdiction of the local health department in (b) of this subsection, the person proposing to dispose of the municipal sewage sludge must obtain written approval for disposal from the health department in the receiving jurisdiction.
(ii) If the jurisdictional health department in (b)(i) of this subsection, approves disposal of the municipal sewage sludge, the person proposing the disposal must forward a copy of the jurisdictional health department's determination to the department.
(c) Any person wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on a temporary basis must submit a plan for approval to the department. The plan must include the following information:
(i) The conditions that make disposal necessary.
(ii) The steps that will be taken to correct the conditions in (c)(i) of this subsection, so that disposal will not become a long-term management option.
(iii) A time table for implementing the steps to be taken in (c)(ii) of this subsection.
(7) Disposal on a long-term basis.
(a) Facilities wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on a long-term basis must have authorization to do so in a valid NPDES or state waste discharge permit issued under chapter 90.48 RCW, or a valid permit issued in accordance with this chapter.
(b) Any person wishing to engage in the disposal of municipal sewage sludge in a municipal solid waste landfill on a long-term basis must meet the conditions of (b)(i) and (ii) of this subsection and those in subsections (3), (4), and (5) of this section.
(i) The person proposing to dispose of municipal sewage sludge or biosolids must demonstrate to the satisfaction of the department that other options for disposal or beneficial use are economically infeasible.
(ii) The person proposing to dispose of municipal sewage sludge must provide the department with written approval for disposal from the local health department in the receiving jurisdiction.
(8) All facilities that dispose of municipal sewage sludge in a municipal solid waste landfill must submit the information in WAC 173-308-290 (2)(j), as required under WAC 173-308-295.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-300, filed 2/18/98, effective 3/21/98.]
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173-308-310
Permitting.
(1) Applicable facilities -- Application required.
(a) Except as provided in (a) of this subsection, all treatment works treating domestic sewage that engage in practices regulated under this chapter are applicable facilities, and must apply for an individual permit or for coverage under a general permit for the final use or disposal of biosolids.
Facilities that compost biosolids, and those facilities where only septage is applied to the land or collected and treated prior to application to the land, do not require permitting under this chapter if:
(i) A permit is not otherwise required in order to comply with the Federal Clean Water Act;
(ii) The department and local health department agree that a permit issued by the local health department will be adequate;
(iii) The conditions of the permit issued by the local health department meet or exceed the requirements of this chapter; and
(iv) The department does not otherwise find that a state issued permit is necessary because one or more of the conditions in (b)(i) through (iv) of this subsection exists.
(b) Designation as a treatment works treating domestic sewage. In addition to facilities meeting the definition of a treatment works treating domestic sewage in WAC 173-308-080, the department may designate any person, site, or facility that treats, uses, transports, or applies biosolids, as a treatment works treating domestic sewage, and require the owner or operator to apply for a permit if:
(i) The department determines that a permit is necessary to protect human health or the environment from the adverse effect of a pollutant in the biosolids;
(ii) The department determines that a permit is necessary to protect human health or the environment from poor biosolids management practices;
(iii) The department determines that a permit is necessary to ensure compliance with any of the requirements in this chapter; or
(iv) Bulk biosolids originating from a source or location outside the jurisdiction of the state of Washington are being applied to the land or received at any site.
(c) It is a violation of this chapter for a facility to fail to submit a permit application to the department as required by these rules.
(2) General and individual permits. The department will issue permits for the treatment and final use or disposal of biosolids.
(a) The department will issue, modify, revoke and reissue, and terminate general permits in accordance with the procedures in chapter 173-226 WAC.
(b) The department will accept and consider applications for coverage under a general permit, modify conditions of coverage, revoke and reauthorize coverage, or terminate coverage under a general permit in accordance with the provisions of this chapter.
(c) The department will issue, modify, revoke and reissue, or terminate individual permits in accordance with the provisions of this chapter.
(3) Permit selection.
(a) After the department has issued a general permit for the final use or disposal of biosolids, all applicable facilities must submit a notice of intent or apply for coverage under the general permit, unless:
(i) The facility has a current individual permit issued under this chapter;
(ii) The department requires a facility to apply for an individual permit; or
(iii) On written request of the applicant, the department has granted permission to apply for an individual permit.
(A) A facility may request an individual permit if a practice it proposes is not addressed in a general permit issued by the department.
(B) A facility may seek coverage under a general permit for any portion of its biosolids management practices that are applicable under the general permit, and may also request an individual permit for any portion of its biosolids management practices that are not applicable under the general permit.
(iv) The department may require any facility applying for an individual permit under (a)(iii)(A) or (B) of this subsection to limit its practices for the final use or disposal of biosolids to those that are authorized in a general permit, and to apply for a general permit.
(b) The department may notify a facility that it is covered by a general permit, even if the facility has not submitted a permit application or notice of intent as required under this subsection (3).
(i) A facility so notified may request an individual permit in accordance with the provisions of (a)(iii) of this subsection.
(ii) Facilities that are notified of coverage under (b) of this subsection must submit a notice of intent or permit application as directed by the department.
(4) Timing of applications and notices of intent ? renewal of coverage.
(a) Except for facilities in (e)(i) and (f) of this subsection, existing facilities that are class one biosolids management facilities, publicly owned treatment works with a design flow rate equal to or greater than one million gallons per day, and those that serve a population of 10,000 people or more must either:
(i) Submit an application for coverage under a general permit within ninety days after issuance of a biosolids general permit by the department; or
(ii) Submit a notice of intent within ninety days of issuance of an applicable general permit, followed by a complete permit application within one hundred eighty days of issuance of the applicable general permit.
(b) Except for facilities in (a), (e)(i), and (f) of this subsection, existing facilities must submit a notice of intent to be covered under a general permit within ninety days after issuance of a biosolids general permit by the department.
(c) Except for facilities in (e)(ii) and (f) of this subsection, new facilities that are class one biosolids management facilities, publicly owned treatment works with a design flow rate equal to or greater than one million gallons per day, and those that serve a population of 10,000 people or more must submit an application for coverage under a general permit or a request for an individual permit at least one hundred eighty days in advance of engaging in applicable biosolids management activities.
(d) Except for facilities in (c), (e)(ii) and (f) of this subsection, new facilities must submit a notice of intent to be covered under a general permit or a request for an individual permit at least one hundred eighty days in advance of engaging in applicable biosolids management activities.
(e)(i) Existing facilities that have not been previously permitted under this subsection that wish to request an individual permit under subsection (3)(a)(iii) of this section must do so within thirty days of issuance of a biosolids general permit by the department.
(ii) New facilities that wish to request an individual permit under subsection (3)(a)(iii) of this section must do so at least one hundred eighty days in advance of engaging in applicable biosolids management activities.
(f) Facilities that have been directed to apply for an individual permit under subsection (3)(a)(ii) of this section must submit an application for an individual permit as directed by the department, but the department will allow at least ninety days for a submittal.
(g) Facilities that are denied an individual permit must submit a notice of intent or a complete permit application for coverage under a general permit as would otherwise be required, within sixty days after being denied an individual permit unless a later date is authorized by the department.
(h) Facilities, other than those in (a) of this subsection, that have submitted a notice of intent to be covered under a general permit must submit a complete permit application as follows:
(i) Except as required under (h)(iv) of this subsection, if the facility is subject to permitting under chapter 173-216 or 173-220 WAC, a complete permit application is due on the date when an application for a state waste discharge or NPDES permit, or for renewal thereof, is due, or one hundred eighty days after issuance of the applicable general permit, whichever is later.
(ii) Except as required under (h)(iv) of this subsection, if the facility is not subject to permitting under chapter 173-216 or 173-220 WAC but is subject to permitting under chapter 173-304 WAC and local solid waste ordinances, a complete permit application is due on the date when an application for a local solid waste permit, or for renewal thereof, is due, or one hundred eighty days after issuance of the applicable general permit, whichever is later.
(iii) Other facilities that have submitted a notice of intent must submit a complete permit application as directed by the department, but the department will allow at least ninety days for a submittal.
(iv) The department may require facilities under (h)(i) and (ii) of this subsection to submit a complete permit application at an earlier date for the purpose of expediting the permitting process, or if the department finds that any of the conditions in subsection (1)(b)(i) through (iv) of this section are met. Facilities required to make an early submittal must do so within ninety days from the time of the first request unless a later date is authorized by the department.
(i) Renewal of coverage.
(A) All facilities permitted under this section must submit a notice of intent to continue coverage under a general permit or for initial coverage under a general permit, or an application for an individual permit or for renewal of an individual permit, at least one hundred eighty days prior to the expiration date of their applicable permit.
Facilities that are submitting a notice of intent must submit a complete updated permit application according to the schedule in (a) through (h) of this subsection.
(B) When a facility has made timely and sufficient notice of intent or application as required in (i) of this subsection, an expiring permit remains in effect and enforceable until:
(I) The application has been denied;
(II) A replacement permit has been issued by the department; or
(III) The department has cancelled the expired permit.
(C) Unless the department specifies otherwise in a renewing general permit, or notifies a facility directly, facilities previously covered under a general permit issued in accordance with subsection (2) of this section are automatically covered under a new general permit if they reapply for coverage in accordance with (i) of this subsection; and
(I) The facility will not implement a significant change in biosolids management practices under the new permit; and
(II) The public notice requirements of subsection (11) of this section have been met and there are no sustainable objections to continuation of coverage.
(D) For facilities that are renewing coverage under a general permit, land application plans required under subsection (6) of this section that have been previously approved are automatically approved under the new general permit as long as biosolids management practices remain consistent with the approved plan.
(E) Coverage under an expired permit for permittees who fail to submit a timely and sufficient application or notice of intent shall cease on the expiration date of the permit.
(5) Contents of permit applications ? notices of intent.
(a) All facilities must submit a complete and factually correct permit application in accordance with the schedule established in subsection (4) of this section, on forms or in a format specified by the department. When complete, all permit applications must contain at least the information in (a)(i) through (xi) of this subsection:
(i) The activities conducted by the applicant that require it to obtain a permit, and if applying under a general permit, the name of the permit;
(ii) Name, mailing address, and location of the facility for which the application is submitted;
(iii) The operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity;
(iv) Whether or not the facility or any associated facilities or land applications sites are located on Indian or federal lands;
(v) A listing of other relevant environmental permits, and all permits or construction approvals received or applied for under any of the following programs:
(A) Hazardous waste management program under the Resource Conservation and Recovery Act;
(B) Underground injection control program under the Safe Drinking Water Act;
(C) National pollutant discharge elimination system program under the Clean Water Act;
(D) Prevention of significant deterioration program under the Clean Air Act;
(E) Nonattainment program under the Clean Air Act;
(F) National emission standards for hazardous pollutants preconstruction approval under the Clean Air Act;
(G) Ocean dumping permits under the Marine Protection, Research, and Sanctuaries Act;
(H) Dredge or fill permits under section 404 of the Clean Water Act;
(vi) A map extending one mile beyond the property boundaries of the facility, showing the location and means of access to the facility, and additional maps if necessary, showing the same for any associated treatment or storage facilities.
(vii) Any biosolids monitoring data the applicant has for the last two years, including for land application sites any available soil, or surface or ground water monitoring data, with a description of the sampling locations, and for wells the approximate depth to ground water.
(viii) A description of the applicant's biosolids use and disposal practices including, where applicable, the location of any sites where the applicant transfers biosolids for treatment or disposal, as well as the name of the applicator or other contractor who applies the biosolids to land if different from the applicant;
(ix) Land application plans, as required under subsection (6) of this section;
(x) The amount of biosolids produced and the amount of biosolids applied to the land during the previous year, and estimated to be produced or applied to the land on an annual basis during the life of the permit;
(xi) Any information required to determine the appropriate standards for permitting under this chapter, and any other information the department may request and reasonably require to assess biosolids use and disposal practices, to determine whether or not to issue a permit, or to ascertain appropriate permit requirements under this chapter.
(b) A notice of intent to be covered under a general permit for biosolids recycling must contain:
(i) The name of the general permit under which coverage is being sought, and a statement declaring the applicant's intent to comply with the requirements of the permit.
(ii) The information required in (a)(i) through (iii) of this subsection, and the location and a description of any site(s) where biosolids are treated, stored, disposed, or applied, and whether or not any permit, including a local solid waste permit has been issued for a site.
(iii) Any information specifically required for a notice of intent under the applicable general permit.
(6) Land application plans.
(a) Land application plans are not required when exceptional quality biosolids are applied to the land, except as specified in (a)(ii) or (iii) of this subsection.
(i) Any person who prepares exceptional quality biosolids for application to the land must determine and assure to the extent practicable, through recordkeeping and other means, that all applicable criteria of this chapter and any applicable permit are met when bulk exceptional quality biosolids are applied to the land. (continued)