CHAPTER
Env-Wq 800 SLUDGE
MANAGEMENT
Statutory
Authority: RSA 485-A:6,
X-a
REVISION NOTE
#1:
Document #8887, effective 5-23-07,
readopted with amendments and redesignated former Chapter Env-Ws 800 titled Sludge
Management as Env-Wq 800 pursuant to a rules reorganization plan for Department
rules approved by the Director of the Office of Legislative Services on 9-7-05.
The prior filings for former Env-Ws
800 include the following documents:
#4840,
INTERIM eff 6-19-90, EXPIRED: 10-17-90
#4955,
EMERGENCY eff 10-18-90, EXPIRES: 2-15-91
#5065,
eff 2-14-91
#5627,
INTERIM eff 5-25-93, EXPIRES: 9-22-93
#5697,
eff 8-31-93
#6131,
EMERGENCY eff 11-22-95, EXPIRES: 3-21-96
#6205,
eff 3-19-96
#6966,
eff 3-26-99
#8849,
INTERIM, eff 3-26-07, EXPIRES: 9-22-07
REVISION NOTE
#2:
Document
#10998, effective 1-1-16, readopted with amendments Chapter Env-Wq 800,
including the insertion of rules and the extensive renumbering of existing
rules within Env-Wq 800. The existing rules
in the former Chapter Env-Wq 800 did not expire on 5-23-15 since they were
extended pursuant to RSA 541-A:14-a until replaced by
the rules in Document #10998, effective 1-1-16.
Document #10998 replaces the rules for the former Env-Wq 800 filed under
Document #8887.
The former rules under Document
#8887 are cross-referenced below with the new rules under Document #10998, if
applicable. The reference “none” under
“Former Rule” indicates that was no existing rule counterpart for the rule
listed under “New Rule.” The existing
rule sections Env-Wq 804.04 and Env-Wq 807.05 were expanded as noted into
sections Env-Wq 804.04-804.06 and Env-Wq 809.05-809.08, respectively.
Former
Rule New
Rule
Env-Wq
801.01 Env-Wq
801.01
Env-Wq
801.02 Env-Wq 801.02
(none) Env-Wq
801.03
Env-Wq
801.03 Env-Wq
801.04
Env-Wq
802.01-802.03 Env-Wq
802.01-802.03
(none) Env-Wq
802.04
Env-Wq
802.04 Env-Wq
802.05
(none) Env-Wq
802.06
Env-Wq
802.05 Env-Wq
802.07
Env-Wq
802.06 Env-Wq
802.08
(none) Env-Wq
802.09
Env-Wq
802.07-802.09 Env-Wq
802.10-802.12
Env-Wq
802.11 Env-Wq
802.13
(none) Env-Wq
802.14
(none) Env-Wq
802.15
Env-Wq
802.12-802.22 Env-Wq
802.16-802.26
(none) Env-Wq
802.27
(none) Env-Wq
802.28
Env-Wq
802.23-802.31 Env-Wq
802.29-802.37
(none) Env-Wq
802.38
Env-Wq
802.32 Env-Wq
802.39
(none) Env-Wq
802.40
Env-Wq
802.33-802.42 Env-Wq
802.41-802.50
(none) Env-Wq
803.01
Env-Wq
803.01 Env-Wq
803.02
(none) Env-Wq
803.03
Env-Wq
803.02 Env-Wq
803.04
Env-Wq
804.01-804.03 Env-Wq
804.01-804.03
Env-Wq
804.04 Env-Wq
804.04-804.06
Env-Wq
804.05-804.08 Env-Wq
804.07-804.10
Env-Wq
805.01-805.12 Env-Wq
805.01-805.12
Env-Wq
806.01-806.12 Env-Wq
806.01-802.12
Env-Wq
808.01-808.12 Env-Wq
807.01-807.12
Env-Wq
809.01-809.05 Env-Wq
808.01-808.05
Env-Wq
807.01-807.04 Env-Wq
809.01-809.04
Env-Wq
807.05 Env-Wq
809.05-809.08
Env-Wq
807.06 Env-Wq
809.09
Env-Wq
810.01-810.03 Env-Wq
810.01-810.03
(none) Env-Wq
810.04
Env-Wq
811.01-811.05 Env-Wq
811.01-811.05
PART
Env-Wq 801 PURPOSE
AND APPLICABILITY
Env-Wq 801.01 Purpose. The purpose of this chapter is to implement
RSA 485-A:4, XVI-b by establishing standards, criteria,
and procedures for a permit system to manage the removal, transportation, and
disposal of sludge in order to protect human health and the environment,
prevent nuisances, and regulate the beneficial use and recycling of sludge that
meets the criteria for land application with appropriate performance standards.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 801.02 Applicability.
(a)
These rules shall govern:
(1) The processing, storage, and disposal of sludge in bulk;
(2) The land application of quality-certified
sludge in bulk; and
(3)
The removal and transportation of sludge derived from human waste that is not
class A biosolids.
(b)
Except for the sludge hauling requirements specified in Env-Wq 805,
these rules shall not apply to sludge that is disposed as a waste or otherwise
used at a solid waste facility permitted by the department pursuant to RSA
149-M.
(c)
Except for the sludge hauling requirements specified in Env-Wq 805,
these rules shall not apply to sludge that is disposed in an incinerator
permitted to incinerate sludge by the department pursuant to RSA 125-C or RSA
125-I, or both.
(d)
These rules shall not apply to any sludge management activity(ies) incidental to the operation of:
(1) A wastewater treatment plant for
which a surface water or a groundwater discharge permit has been issued by the
department pursuant to RSA 485-A:13; or
(2) A water treatment facility granted approval
to operate pursuant to RSA 485:8.
(e)
Nothing in these rules shall be construed to modify or lessen the powers
conferred upon local authorities by health and land use enabling statutes.
(f)
Nothing in these rules shall be construed to eliminate the need to
comply with the federal regulations as specified in 40 CFR part
503.
(g)
Class A biosolids shall be subject to Env-Wq 809 and Env-Wq 810
only.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 801.03 More Stringent Requirements
Apply.
(a)
Subject to (b), below, any mixture containing materials regulated under these
rules shall be managed in accordance with the most stringent requirements that
apply to any single constituent.
(b)
Mixtures containing short paper fiber and biosolids
that meet class A requirements may be managed as class
A material, provided they are not used at reclamation rates.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 801.04 Co-Disposal of Wastes
Prohibited. Hazardous waste as
defined in RSA 147-A or solid waste as defined in RSA 149-M, except for wood
ash certified for use under Env-Sw 1700 and waste
derived products certified for use under Env-Sw 1500,
shall not be disposed or processed at a site or facility permitted under these
rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 802 DEFINITIONS
Env-Wq 802.01 “Abutter” means any person who owns
property adjacent to, or across a road, railroad, river, or stream from the property on
which a sludge management activity will be conducted.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.02 “Agronomic rate” means the sludge
application rate that is designed to:
(a)
Provide the amount of nitrogen, phosphorus, or other nutrient(s) needed by
the crop or vegetation; and
(b)
Minimize the amount of nitrogen and phosphorus that passes below the
root zone of the crop or the vegetation to groundwater or moves via run-off to
surface water.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.03 “Ambient groundwater quality standard” means
the maximum concentration level for a regulated contaminant as established in
rules adopted pursuant to RSA 485-C:6, currently Env-Or
603.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.04 “Applicable local river management advisory
committee (applicable LAC)” means the local river management advisory committee
established pursuant to RSA 483:8-a for the specific designated river or
segment for which a management activity or proposed management activity is or
would be within the river corridor.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.05 “Applicant” means any person who
applies to the department for a permit, waiver, or sludge quality
certification.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.06 “Beneficial reuse” as used in RSA
485-A:2, XXII and XXIII means beneficial use.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.07 “Beneficial use” means taking advantage
of the nutrient content or soil conditioning properties, or both, of
quality-certified sludge, by supplying agronomic or soil conditioning benefits,
such as the nitrogen, phosphorus, micronutrients, or organic matter needs for
crops, forested land, or reclamation by
land applying the sludge in accordance with these rules so as to not
pose a significant risk to public
health or the environment.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.08 “Biosolids”
means “biosolids” as defined in RSA 485-A:2, XXII, as
reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.09 “Certified crop advisor” means an
individual certified by the American Society of Agronomy under the Certified
Crop Adviser or Certified Professional Agronomist certification programs.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff 1-1-16
Env-Wq 802.10 “Class A biosolids”
means biosolids that are class A with respect to
pathogens under 40 CFR part 503.32(a)(3), and meets one of the vector
attraction reduction requirements of 40 CFR part 503.33(b)(1) through (b)(8).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.11 “Class B biosolids”
means biosolids that are class B with respect to pathogens
under 40 CFR part 503.32(b) and meets one of the vector attraction reduction
requirements of 40 CFR part 503.33(b)(1) through (b)(11).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.12 “Closure” means the procedures used to
cease the use of a facility, or a portion thereof, in a manner that will
minimize future risks of environmental damage, and includes all required post-closure
inspection, monitoring, reporting, and maintenance activities.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.13 “Department”
means the department of environmental services.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.14 “Designated river” means “designated
river” as defined in RSA 483:4, VIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.15 “Designated river corridor” means a
river corridor of a designated river.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.16 “Disposal” means
the final discharge, deposit, injection, dumping, mixing, spilling, leaking,
incinerating, or placing of sludge into or onto any land such that the sludge
or any constituent thereof could enter the environment, be emitted into the air
or be discharged into any surface water or groundwater. Disposal includes land application.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.17 “Facility”
means a location or system for storing sludge for
longer than 8 months or for the processing, treatment, or disposal of sludge, other than
land application. Facilities include,
but are not limited to, lagoons, sludge treatment facilities, sludge monofills, sludge transfer stations, and locations
where sludge is treated or mixed with other sludge or other material for
shipment off site. The term does not include a location where all sludge being
mixed is class A biosolids
and the biosolids are mixed only with non-sludge
material.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.18 “Generator”
means the person who holds title to the water or wastewater treatment plant that
produced the sludge, or to the facility where sludge is mixed or treated to produce
another material derived from sludge.
The term does not include any person who mixes class A
biosolids with soil or other non-sludge material.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.19 “Governing body”
means the board of selectmen in a town, the board of aldermen or council in a
city or town with a town council, or when used to refer to unincorporated towns
or unorganized places, or both, the county commissioners.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.20 “Hauler” means any person
engaged in the removal or transportation of sludge.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.21 “In
bulk” means distributed in a container that holds greater than 100 pounds.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.22 “Industrial
wastewater” means wastewater generated from a commercial or industrial process.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.23 “Lagoon”
means a pit or excavation designed or intended to receive sludge or that
actually contains sludge.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.24 “Land
application” means the placement of quality-certified sludge on the ground
surface for beneficial use, whether or not the material is incorporated or
injected into the soil.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.25 “Locally-accessible
place” means a location to which the public has access in the town or city
where the sludge management activity is proposed.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.26 “Management”
or “manage” means supervising, controlling, or undertaking any activity(ies) regulated under Env-Wq 800, including transporting,
land applying, stockpiling, treating, disposing, or processing.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.27 “Mixture of sludge” means a mixture
containing sludges from more than one Source.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.28 “Non-sludge material” means any
substance that:
(a)
Is not derived from sludge;
(b)
Is not regulated as a hazardous waste; and
(c)
Is not regulated as a solid waste or, if a material originally regulated
as solid waste or derived from such a material, is no longer regulated as solid
waste because it:
(1) Has been certified for use as a waste-derived
product under Env-Sw 1500; or
(2) Is wood ash that is either certified under or
exempt from Env-Sw 1700.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.29 “Official of the municipality” means an
elected or appointed individual who, either individually or as a member of a
duly-established local board, council, or commission, has oversight or other
responsibility for land use activities in the municipality. The term includes the local health officer
and members of the board of selectmen or city council, conservation commission,
or planning board.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff 1-1-16
Env-Wq 802.30 “Operator” means the person
responsible for the sludge management activity(ies)
at a site, facility, or wastewater treatment plant.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.31 “Owner” means the person who holds
title to the land on which sludge is managed or is proposed to be managed.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.32 “Permit” means the written
document issued by the department that authorizes the holder to manage the site
or facility identified in the document or to use the vehicle identified in the
document to remove and transport sludge according to the terms of the document.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.33 “Permit holder” means the person
to whom a permit has been issued by the department.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.34 “Person” means “person” as
defined by RSA 485-A:2, IX, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.35 “Poorly drained soil” means a type of
soil where water is removed so slowly that the soil is wet at shallow depths
periodically during the growing season or remains wet for long periods. The occurrence
of internal free water is shallow or very shallow and common or
persistent. Free water is commonly at or
near the surface long enough during the growing season so that most mesophytic crops cannot be grown, unless the soil is
artificially drained. The soil is not
continuously wet directly below plow depth.
Free water at shallow depth is usually present.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.36 “Processing” means any activity to
reduce the quantity of sludge or alter its chemical, biological, or physical
state. Processing does not include the
alteration of sludge’s chemical, biological, or physical state solely for the purpose
of odor control.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.37 “Publicly owned treatment works (POTW)”
means a wastewater treatment plant that is owned by a municipality or other governmental
agency or subdivision.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.38 “Quality-certified sludge (QC sludge)”
means sludge or a mixture of sludge that:
(a)
Has received sludge quality certification pursuant to Env-Wq 809 or is a
mixture of sludge for which each constituent sludge has received sludge quality
certification; and
(b)
Contains nutrients or organic material, or both, that can be used:
(1) To improve crop land or forested land; or
(2) For reclamation.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.39 “Reclamation”
means the addition of organic matter and nutrients to facilitate the
establishment of vegetation on soils that have been severely disturbed or that
otherwise do not support vegetation sufficient to prevent erosion. The term does not include the land
application of QC sludge at a rate of less than 1,500 pounds of nitrogen per
acre and having a carbon-to-nitrogen ratio of between 30:1 and 40:1.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.40 “River
corridor” means “river corridor” as defined in RSA 483:4, XVIII, as reprinted
in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.41 “Short paper fiber”
means “short paper fiber” as defined in RSA 485-A:2, XXIII, as reprinted in
Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.42 “Site”
means contiguous land areas owned by the same person(s), on which
quality-certified sludge is stockpiled for 8 months or less or land applied, even if the
land area is divided by a highway, railroad bed, water body, or boundary of a
political subdivision.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.43 “Sludge” means
“sludge” as defined in RSA 485-A:2, XI-a, as reprinted in Appendix C. The term includes industrial sludge and
sludge mixed with another sludge or another material.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.44 “Sludge
derived from human waste” means sludge produced by the treatment of wastewater
that contains human fecal material.
Sludge is considered to be derived from human waste if any portion of
the influent wastewater contains human fecal material.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.45 “Stockpiling”
means the storage of sludge.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.46 “Surface
water” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in
Appendix C. The term includes
wetlands, but does not include non-tidal drainage ditches that were designed,
built, and used to convey wastewater or stormwater
and does not include constructed wetlands, lagoons, and other treatment systems
designed and built solely as wastewater or stormwater
treatment systems provided such facilities were not initially constructed in
waters of the state or were not constructed to serve other mitigation purposes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.47 “Transfer”
means, as applicable:
(a)
The conveyance of a fee simple interest in real estate; or
(b)
A change in the ownership or operational control of a person holding a
permit, or a change in an individual holding a permit as follows:
(1) For a partnership, a change in the majority
of general partners;
(2) For a corporation, the conveyance of all corporate
assets or of a majority of voting shares to a new person;
(3) For other organizations, a transfer of the
control of the organization to a new person; and
(4) For an individual, transfer of control to
another person.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.48 “Vector” means a carrier
that is capable of transmitting a pathogen from one organism to another,
including but not limited to flies and other insects, rodents, birds, and other
vermin.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.49 “Very poorly drained
soil” means a type of soil where water is removed from the soil so slowly that
free water remains at or very near the ground surface during much of the
growing season. The occurrence of
internal free water is very shallow and persistent or permanent. Unless the soil is artificially drained, most
mesophytic crops cannot be grown. The soils are commonly level or depressed and
frequently ponded, but if rainfall is high or nearly continuous, slope
gradients can be greater.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 802.50 “Wastewater
treatment plant” means “wastewater
treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in Appendix
C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 803
NOTIFICATION REQUIREMENTS
Env-Wq 803.01 Locally-Accessible Place.
(a)
For purposes of making hard copies of an application and related materials
available at a locally-accessible place, the applicant shall ensure that the
place is:
(1) A building that is open to members of the
public and, for any activity that is or is proposed to be within a river
corridor of a designated river, members of the applicable LAC, such as a town
or city hall, public library, or the front lobby of a business; and
(2) Open at least 4 hours a day at least 3 days
each week, including either one weekend day or one day when the hours extend to
6 p.m. or later in the evening.
(b)
If a location that meets the requirements of (a), above, cannot be
found, the applicant shall:
(1) Make copies available at more than one
location that collectively meet those requirements, provided all of the
locations are identified in the required notice; or
(2) Make a copy available at the town hall and
post a copy on the applicant’s website, and include the URL of the website in
the required notice.
(c)
If the application is available as specified in (a) or (b)(1), above, the applicant may also post the application and
related materials on-line and provide the URL of the website in the required
notice.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 803.02 Notification Requirements
for Site and Facility Permits.
(a)
Upon filing an application with the department for a site or facility
permit, the applicant shall provide notice to:
(1) The governing body of the municipality in
which the proposed site or facility is located and the governing body of each
adjacent municipality in which any abutter is located;
(2) If the site or facility is within a
designated river corridor, the chair of the applicable LAC;
(3) All abutters to the proposed site or facility
as such abutters and their respective legal mailing addresses are identified in
the municipal tax records as of the close of business on the day before the
date on which notice is provided pursuant to this section; and
(4) All other persons who own property that is
located within 500 feet of the area on which the activity will occur as such
landowners and their respective mailing addresses are identified in the
municipal tax records as of the close of business on the day before the date on
which notice is provided pursuant to this section.
(b)
The notice shall be:
(1) In writing; and
(2) Delivered by any method that provides
documentation confirming the notice was received by the intended recipient,
provided that for any notice delivered by hand, the applicant shall obtain a signed
acknowledgment from the recipient that the notice was received.
(c)
The notice shall contain the following information:
(1) A statement that an application for a site or
facility permit, as applicable, has been filed and the type of sludge
management activity regulated by Env-Wq 800 that is proposed;
(2) Identification of the proposed site or
facility, as applicable, including street address and municipality;
(3) The names, addresses, and telephone numbers
of:
a. The
applicant;
b. Each
generator of sludge that will be managed at the site or facility;
c. The
operator at the site or facility; and
d. The
owner, and the lessee if the land is leased;
(4) The estimated annual quantity of sludge, in
wet tons, to be received at the site or facility;
(5) The proposed dates of commencement and
cessation of the activity;
(6) The identification of the locally accessible
place where the application and all supporting information are available for
review, as required by Env-Wq 806.01(d) for a site permit or by Env-Wq 807.01(e)
for a
facility permit, and the URL of the website where the application is posted, if
applicable;
(7) A statement that a 30-day public comment
period will be advertised by the department in a newspaper of local circulation
after the application is determined to be complete; and
(8) A statement that a local public hearing will be
advertised and held by the department if requested within the 30-day public
comment period by:
a. A
petition signed by 10 residents of the municipality in which the site or
facility is proposed to be located;
b. An
official of the municipality in which the site or facility is proposed to be
located; or
c. The
chair of the applicable LAC, for any site or facility proposed to be located
within a designated river corridor.
(d)
If a person to whom notice is required to be given cannot be located, or
fails or refuses to sign for the certified mail, or refuses to sign an
acknowledgment when the notice is delivered in hand, the person giving the
notice shall provide proof to the department that an attempt to deliver the
notice was made, which proof shall be in the form of a sworn affidavit that
describes the efforts made to deliver the notice.
(e)
The applicant shall include a copy of the notice with a list of
recipients and proof of delivery or affidavit, as applicable, with the
application submitted to the department.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 803.03 Subsequent Notifications to
LACs.
(a)
If the chair of an applicable LAC who has received a notice pursuant to
Env-Wq 803.02(a)(2) wishes to receive notices of
subsequent steps as provided in these rules, the chair shall provide an email
address to the department’s division of water, residuals management section
with a request for copies of such notices to be sent to that email address.
(b)
Any LAC chair who has provided an email address pursuant to (a), above,
shall notify the department by email of any change to the email address.
(c)
Notices sent by the department to the email address provided by an LAC
chair shall be deemed to have been received by the chair.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 803.04 Notification Requirements
for Land Application.
(a)
A person who will be land applying QC sludge pursuant to a permit issued
under Env-Wq 806 shall provide notice in accordance with this section.
(b)
At least 14 days before the intended date of the first land application
in each calendar year, the person shall:
(1) Send the notice to the department; and
(2) Cause the notice to be
published in a newspaper of general circulation in the municipality where the
land application of QC sludge will occur.
(c) The notice
shall include the following information:
(1) A statement that the person intends to land apply QC sludge and the permit number and date of the permit
that authorizes the activity;
(2) Identification of the site on which the
activity will occur, including street address and municipality;
(3) The name(s), address(es), and telephone number(s) of:
a. The
permit holder;
b. Each
generator of the QC sludge that will be land applied at the site or facility;
c. The
operator at the site, if other than the permit holder; and
d. The
owner, and the lessee if the land is leased, if other than the permit holder;
and
(4) The proposed dates of commencement and
cessation of the activity.
(d)
The permit holder shall post a copy of the notice at each vehicular and
commonly-used entrance to the site beginning no later than 3 days prior to application
and continuing through at least 3 days after application.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 804 REQUIRED
PERMITS AND CERTIFICATIONS; PROCESS
Env-Wq 804.01 Sludge Hauler Permit
Required.
(a) Except as provided in (b), below, no person
shall transport sludge derived from human waste on public roads without first
obtaining a sludge hauler permit from the department.
(b)
A sludge hauler permit shall not be required for:
(1) The interstate transportation of sludge that
is not generated, processed, transferred, stored, used, or disposed of in New
Hampshire;
(2) Transporting QC sludge from a stockpile location
at a permitted site to fields at the same site where the QC sludge will be
land applied; or
(3) Transporting class A
biosolids.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.02 Site and Facility Permits
Required.
(a)
Except as provided in (e), below, no person shall manage sludge at any
place that does not have:
(1) A site or facility permit issued in
accordance with Env-Wq 800;
(2) A wastewater treatment plant
permit issued under RSA 485-A:13; or
(3) A solid waste facility permit issued under
RSA 149-M.
(b)
Except as provided in (e), below, a site permit shall be required
for:
(1) Each QC sludge land application site;
(2) Each QC sludge mixing site where the
resultant mixture
is to be used on-site; and
(3) Each stockpile site where QC sludge will be
stockpiled for 8 months or less and where the stockpile location is not on a
site permitted pursuant to (1) or (2), above.
(c)
Except as provided in (d) or (e), below, a facility permit shall be required
for:
(1) The processing, treatment, or disposal,
other than land application, of sludge;
(2) Each QC sludge mixing
site where the resultant mixture is to be used off-site;
(3) Each QC sludge stockpile site where any material will
be stockpiled for greater than 8 months in any 12-month period;
(4) The construction, operation, and closure of any sludge
lagoon or monofill; and
(5) The construction, operation, and closure of
any
sludge transfer station.
(d)
A facility permit shall not be required for the processing of QC sludge
for the sole purpose of odor control at a site permitted for land application.
(e)
A
person who land applies class A biosolids
shall be exempt from the requirement to obtain a site permit or a facility
permit, but shall comply with Env-Wq 809.07 relative to required
post-certification testing and Env-Wq 810 relative to land application and
management restrictions.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.03 Sludge Quality Certification
Required.
(a)
Except as provided in (b) and (c), below, no person shall land apply,
distribute for land application, sell, or give away any sludge or sludge
mixture, in bulk, that is not covered by a valid sludge quality certification
pursuant to Env-Wq 809.
(b)
An additional sludge quality certification shall not be required for a
sludge mixture produced at a facility where each constituent
sludge has a sludge quality certification and any other constituent is a
non-sludge material.
(c)
A sludge quality certification shall not be required for sludge that is
not used for land application.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.04 Notice of Permit and Sludge
Quality Certification Application Review.
(a)
Within 30 days of receipt of an application with the appropriate fee for
a site permit, a facility permit, a sludge quality certification, or a permit
modification pursuant to Env-Wq 804.10(c), the department shall determine if
the application is complete.
(b)
Upon determination by the department that an application for a site or
facility permit, sludge quality certification, or permit modification is not
complete, the department shall notify the applicant in writing, identifying the
deficiencies causing the application to be deemed incomplete and informing the
applicant that if a response is not received within 60 days of the date of the
letter, the department will deny the application.
(c)
If the applicant does not respond within 60 days of the date of the
notice sent pursuant to (b), above, the department shall deny the application.
(d)
Upon determining that an application for a site or facility permit or
permit modification is complete, the department shall:
(1) Provide written notice of completeness to the
applicant and the governing body of each municipality that received notice
pursuant to Env-Wq 803.02(a)(1);
(2) For proposed sites or facilities within a
designated river corridor, provide written notice of completeness to:
a. The
department’s rivers coordinator established pursuant to RSA 483:3; and
b. The chair of the applicable LAC, which shall be
sent to the email address submitted pursuant to Env-Wq 803.03, if any, and
otherwise mailed by first class mail; and
(3) Publish notice of a 30-day public comment
period that contains the information specified in (e), below, in a newspaper of
local circulation and on the department’s website.
(e)
The notice required by (d)(3), above, shall
contain the following information:
(1) The name and mailing address of the
applicant;
(2) A statement that a complete application has
been received and the department has opened a public comment period;
(3) The deadline for submission of written
comments, which shall be no sooner than 30 days from the date the notice is
published in the newspaper;
(4) The locally-accessible place where the
application can be reviewed and the URL of the website where the application is
posted, if applicable;
(5) The name, address, e-mail address, and
telephone number of the person in the department receiving comments and
petitions;
(6) The type of activity to be conducted;
(7) The proposed location of the site or
facility;
(8) The name of the property owner; and
(9) A statement that the department will conduct
a local public hearing if so requested by:
a. A
petition signed by 10 residents of the municipality in which the site or
facility is located or is proposed to be located;
b. An
official of the municipality in which the site or facility is located or is
proposed to be located; or
c. The
chair of the applicable LAC, for any site or facility located or proposed to be
located within a designated river corridor.
(f)
The department shall transmit a copy of the notice to the chair of the
applicable LAC if the chair has submitted an email address in accordance with
Env-Wq 803.03.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.05 Public Hearings.
(a) The department
shall schedule a public hearing for the application to be held in the
municipality in which the activity is proposed to occur if
a public hearing is requested by:
(1) A petition signed by 10 residents of the
municipality in which the site or facility is proposed to be located;
(2) An official of the municipality in which the
site or facility is proposed to be located; or
(3) The chair of the applicable LAC, for any site
or facility proposed to be located within a designated river corridor.
(b)
At least 15 days prior to the hearing, the department shall publish a
notice in a newspaper of local circulation and on its website containing the
following information;
(1) The name and address of the applicant;
(2) The location, date, and time of the public
hearing;
(3) The locally-accessible place where the
application can be reviewed;
(4) The name, address, e-mail, and telephone
number of the person in the department receiving comments;
(5) The type of activity to be conducted;
(6) The proposed location of the site or
facility;
(7) The name of the property owner; and
(8) The deadline for submission of written
comments.
(c)
The department shall transmit a copy of the notice to the chair of the
applicable LAC if the chair has submitted an email address in accordance with
Env-Wq 803.03.
(d)
At the hearing:
(1) The applicant shall:
a. Make available 3 copies of the application, the site
plan, the
management plan, and if applicable, the facility plan, the groundwater monitoring
plan,
and the closure plan for the public to review;
b. Make a presentation to the public summarizing
all the information required in the application, the site plan, the management
plan,
and if applicable, the facility plan, the groundwater monitoring plan, and the
closure plan; and
c. Respond to
all questions concerning the proposed sludge management activity; and
(2) After the applicant has responded to all
questions concerning the proposed activity, the department shall:
a.
Receive public comments on the application and supporting information as to its
accuracy; and
b. Receive all
other public comments.
(e)
The department shall accept written comments on the application for not
less than 7 days after the date of the hearing or until the deadline for
written comments specified in the notice issued pursuant to Env-Wq
804.04(d)(3), whichever is later.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.06 Decision on Application.
(a)
If the information submitted with any complete application is
insufficient for the department to make a determination that the proposed
activity will comply with the applicable requirements of RSA 485-A and these
rules, the person proposing to undertake the activity shall provide such
additional information as the department determines is necessary to make the
determination. If the additional information
is not submitted within 60 days of the department’s request or by the deadline
otherwise agreed to by the applicant and the department, the department shall
deny the application.
(b)
Subject to (c), below, within 60 days of receipt of a complete
application the department shall:
(1) Issue the site or facility permit, sludge
quality certification, or permit modification or deny the application based on the
criteria specified in Env-Wq 806.05, Env-Wq 807.05, Env-Wq 809.03, or Env-Wq
804.10,
as applicable; and
(2) Send written notice of its decision to the
applicant and, in the case of a permit modification or issuance of a site or
facility permit, to the governing body of each municipality to which notice was
sent pursuant to Env-Wq 803.02(a)(1).
(c)
The department shall transmit a copy of the decision to the chair of the
applicable LAC if the chair has submitted an email address in accordance with
Env-Wq 803.03.
(d)
The time spent waiting for the applicant to provide any information
requested pursuant to (a), above, shall not be included when calculating the 60
days in (b),
above.
(e)
If site-specific conditions or limitations are necessary to protect
public health or safety or the environment, the department shall include such
conditions or limitations in the site or facility permit or sludge quality
certification that is issued.
(f)
If a permit modification pursuant to Env-Wq 804.10(c), a site or
facility permit, or sludge quality certification is denied, the written
notification provided pursuant to (b)(2), above, shall
specify the reason(s) for the denial and inform the applicant that the decision
may be appealed to the water council as a permitting decision in accordance
with RSA 21-O:14.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.07 Suspension, Revocation, or
Refusal to Renew.
(a)
In this section, “approval” means a site or facility permit, sludge quality
certification, or waiver, as applicable.
(b)
If after issuing an approval the department receives information indicating that
good cause, as set forth in (g), below, exists to suspend or revoke the approval,
the department shall proceed in accordance with RSA 541-A:30, II and the
provisions of Env-C 200 applicable to adjudicative
proceedings.
(c)
After proceeding as specified in (b), above, the department shall revoke
the approval
if the department determines that the circumstances cannot be corrected to
conform to applicable requirements.
(d)
After proceeding as specified in (b), above, the department shall
suspend the approval,
subject to (e), below, if the department determines that, while good cause
exists, the circumstances can be corrected to conform to applicable
requirements.
(e)
If an approval is suspended pursuant to (d), above, the department shall not
reinstate the approval until:
(1) The circumstances have been corrected to
conform with applicable requirements; and
(2) The permit holder submits a written request to
the department requesting that the approval be reinstated.
(f)
If after receiving a request for renewal of an approval the department
receives information which indicates that good cause, as set forth in (g), below,
exists to refuse to renew the approval, the department shall proceed in
accordance with RSA 541-A:30, II and the provisions of
Env-C 200 applicable to adjudicative proceedings and
refuse to renew the approval until the circumstances have been corrected to
conform with applicable requirements.
(g)
Good cause to suspend, revoke, or refuse to renew an approval shall
include the following:
(1) The person to whom the approval was issued
has not complied with the conditions of the approval or these rules;
(2) The plans submitted with the application on
which the approval was based do not accurately portray the actual site,
facility, or management activities and the approval would not have been issued
if accurate plans had been submitted;
(3) Any other information submitted in support of
the application is not true and complete or is misleading and the approval
would not have been issued if the information submitted had been true,
complete, and not misleading;
(4) The person to whom the approval was issued
has failed to comply with an order of the department relative to sludge
management, including an order to undertake corrective measures;
(5) The person to whom the approval was issued
has failed to comply with an order of the department relative to a violation of
any other statute administered by the department;
(6) The person to whom the approval was issued
has failed to pay any administrative, civil, or criminal penalties owed to the
department; or
(7) The person to whom the approval was issued
has been convicted of a misdemeanor under any statute administered by the
department, or of a felony in a state or federal court.
(h)
The department shall notify the person to whom the approval was issued
in writing of its decision. If the
approval is suspended, revoked, or refused renewal, the notice shall identify
the ground(s) for the decision and include information on how to appeal the
decision.
(i) For any decision relating to a site or
facility permit or a waiver related thereto, the department shall transmit a
copy of the decision to:
(1) The clerk of the municipality in which the
site or facility is located; and
(2) The chair of the applicable LAC, if any, if
the chair has submitted an email address in accordance with Env-Wq 803.03.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 800)
#10998, eff 1-1-16
Env-Wq 804.08 Permit Issuance and Transfer.
(a)
The
department shall issue a sludge hauler permit to the applicant for the
vehicle(s) identified in the application. The permit
holder shall not transfer the permit to any other person without first
obtaining approval from the department in accordance with (c) through (e),
below.
(b)
The
department shall issue a site or facility permit to the applicant. The permit holder shall not transfer
the permit to any other person without first obtaining approval from the
department in accordance with (c) through (e) below.
(c)
The person wishing to transfer a permit shall submit to the department:
(1) The name, address, and daytime telephone
number of the current permit holder;
(2) The name, mailing address, and
daytime telephone number of the person(s) to whom the permit will be
transferred;
(3) For transfers of a sludge hauler permit, the
vehicle identification number and registration plate number of each vehicle and
container being transferred; and
(4) For transfers of a site or facility permit:
a. The
name, address, and associated permit number of the site or facility; and
b. An application for a permit modification
pursuant to Env-Wq 804.10(c) for any changes that are proposed to the permit,
the site plan, the facility plan, the closure plan, and the management plan,
as applicable.
(d)
The person to whom the permit is proposed to be transferred shall submit
a statement declaring whether the person has been convicted of a misdemeanor under
any statute administered by the department within the 5 years prior to the date
of application or of a felony in any state or federal court within the 10 years
prior to the date of application.
(e)
The department shall approve the requested transfer if:
(1) The permit holder is in compliance with these
rules and the permit;
(2) Any proposed changes are in accordance with
Env-Wq 804.10;
(3) Good cause as specified in Env-Wq 804.07(g)
to suspend, revoke, or refuse to renew the permit does not exist, unless the
reason that good cause exists can be corrected prior to or as a result of the
permit transfer; and
(4) The person to whom the permit is proposed to
be transferred has not been convicted of a misdemeanor under any statute
administered by the department within the 5 years prior to the date of
application, or of a felony in any state or federal court within the 10 years
prior to the date of application.
(f)
The department shall notify the permit holder in writing of its
decision. If the transfer request is
denied, the notice shall identify the ground(s) for the denial and include
information on how to appeal the decision.
(g)
For requests to transfer a site or facility permit, the department shall
transmit a copy of the decision to:
(1) The clerk of the municipality in which the
site or facility is located; and
(2) The chair of the applicable LAC, if any, if
the chair has submitted an email address in accordance with Env-Wq 803.03.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.09 Transfer of Land Ownership.
(a)
If land that has a facility or site permit associated with it is transferred
to a new owner, then the permit holder shall notify the department within 10
days after the transfer and shall suspend all activities covered by the permit
until the statement described in (c), below, is signed by the new property
owner and is received by the department.
(b)
If a signed statement as described in (c), below, does not accompany the
notice of land transfer, then upon receipt of the notice the department shall
commence a proceeding under RSA 541-A:30, II and the provisions of Env-C 200 applicable to adjudicative proceedings to revoke
the permit. If the permit holder obtains
and submits the signed statement the proceeding shall be terminated.
(c)
The statement from the new owner shall state that:
(1) The new owner is aware that the site or
facility exists on the land;
(2) The new owner agrees to the continued
operation of the site or facility; and
(3) The new owner has given permission to the
permit holder to enter upon the land for purposes of investigation and
operation, including the implementation of remedial measures if ordered by the
department.
(d)
If the new owner chooses to discontinue the activities covered by the
site or facility permit, the permit holder shall:
(1) Submit a written statement to the department
indicating that the activities have been discontinued;
(2) Remove any infrastructure specific to the
activities that were subject to the permit; and
(3) If a facility, close the facility in
accordance with the approved closure plan.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 804.10 Modification or Renewal of Site and
Facility Permits.
(a)
The department shall modify the conditions of a permit without request
by the permit holder in order to achieve compliance with these rules.
(b)
In the event of any such modification the department shall:
(1) Provide written notice to the permit holder
stating the proposed modifications and the reason(s) for the modification(s);
(2) Provide the permit holder 30 days from the
date of the written notice to comment in writing on the proposed permit
modification(s);
(3) After considering the permit holder’s written
comments, if any, issue a revised permit with a timetable for bringing the
permit holder’s activities into compliance with the revised conditions of the
permit; and
(4) Notify the permit holder that the permit
holder may request an adjudicative hearing in accordance with Env-C 200 if aggrieved by the department’s decision.
(c)
The permit holder shall apply to the department as specified in (d),
below, to renew a site or facility permit, to modify a site or facility permit, or to
modify any permitted management activity prior to implementing any changes.
(d)
The permit holder shall provide the following information to the
department:
(1) The site or facility permit
number;
(2) The name, address, and telephone number of
the permit holder, property owner, and generator;
(3) A detailed description of all proposed
modifications;
(4) As applicable, revised site, facility,
management,
and closure plans on which the proposed changes are highlighted;
(5) If applicable, revised facility plans and specifications
for construction and closure stamped by a New Hampshire registered professional
engineer;
(6) An explanation of why each proposed change is
being requested;
(7) The effect of the modification on the current
site or facility design capacity as established by Env-Wq 806.07(e) or Env-Wq
807.07(d), respectively;
(8)
Identification and status of all other federal or state permits or approvals
necessary to effect the proposed modification(s);
(9) The permit holder’s proposed schedule for implementing
such changes;
(10) A list and status of any outstanding
violations, accompanied by a statement from the permit holder indicating how
full compliance shall be attained prior to approval of the modification;
(11) A list of any current abutters to whom the
notice was not provided at the time of the original application; and
(12) If the
permit holder is not the property owner, a written statement signed by the
property owner giving permission for the modification.
(e)
Subject to (g), below, the department shall approve the modification if
it determines that:
(1) All applicable requirements of these rules
have been met;
(2) If the applicant is other than the owner, the
owner has given permission to the applicant for the modification;
(3) The applicant has applied for all other
state permits that are necessary for the proposed modification;
(4) Management of the sludge at the site or
facility in accordance with the proposed modification will not violate any
statutes or rules administered by the department; and
(5) The permit holder has paid all fees and
administrative, civil, or criminal penalties owed to the department.
(f)
Subject to (g), below, the department shall approve or deny an
application to modify a permit within 30 days of receipt of the information
required in (d), above.
(g)
If the proposed permit modification increases the total quantity of
sludge being managed at the site or facility by more than 20% from the quantity
specified in the current permit, the modification shall be processed in
accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.06.
(h)
The department shall notify the permit holder, in writing, of its
decision on modifying or renewing the permit.
For modifications made pursuant to (a), above, the notice shall include
the ground(s) for the modification and information on how to appeal the
decision.
(i) The department shall transmit a copy of the
decision to:
(1) The clerk of the town in which the site or
facility is located; and
(2) The chair of the applicable LAC, if any, if
the chair has submitted an email address in accordance with Env-Wq 803.03.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 805 SLUDGE
HAULER PERMIT REQUIREMENTS
Env-Wq 805.01 Sludge Hauler Permit
Applications.
(a)
Any applicant for a permit to remove or transport sludge derived from
human waste that is not class A biosolids
on public roads shall provide the following information on a form obtained from
the department:
(1) The name, mailing address, and daytime
telephone number of the applicant, if an individual;
(2) The name, mailing address, and daytime
telephone numbers of the applicant’s business and contact person;
(3) Any telephone numbers to be used in case of
emergency;
(4) The vehicle identification number and license
plate number for each vehicle that will be used to transport containers of sludge;
(5) Except as provided by Env-Wq 805.06(d), the
name, principal place of business, and telephone number of the transporting
company that will appear on both sides of the vehicle that will be used to transport
the container(s) carrying the sludge; and
(6) Whether the applicant or owner has been
convicted of a misdemeanor under any statute administered by the department
within the 5 years prior to the date of application, or of a felony in any
state or federal court during the 10 years prior to the date of application.
(b)
Each application shall be accompanied by the fee specified in Env-Wq
805.04.
(c)
Each application shall be accompanied by a certification that upon
issuance of the permit, the applicant shall assume complete responsibility for
ensuring that each person who transports sludge using the applicant’s
vehicle(s) is familiar with the requirements of these rules.
(d)
Each application shall be accompanied by a statement signed by the applicant
stating that each vehicle and container proposed to be used to transport sludge
meets, and will be maintained so as to continue to meet, all federal and state
requirements applicable to transportation of sludge.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.02 Expiration of Sludge Hauler
Permits. Any sludge hauler permit issued pursuant
to this part shall expire on January 31 of the odd-numbered year following the
date of issuance.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.03 Application to Renew a Sludge
Hauler Permit.
(a)
Any person to whom a sludge hauler permit has been issued who wishes to
renew the permit shall submit the information required in Env-Wq 805.01 and the
permit fee specified in Env-Wq 805.04 to the department prior to the expiration
of the permit.
(b)
If the renewal application is submitted prior to the expiration of the
permit, the permit holder may continue to operate under the terms of the permit
as provided in RSA 541-A:30, I, even if a decision on the renewal application
has not been made prior to the expiration date.
(c)
If the renewal application is not submitted prior to the expiration of
the permit, the permit holder shall discontinue operating under the terms of the
permit and apply for a new permit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.04 Sludge Hauler Permit Fees.
(a)
The applicant for issuance or renewal of a sludge hauler permit shall
submit a fee in the amount of $100 for each vehicle used to carry sludge with
the application.
(b)
The fee, if paid by check or money order, shall be made payable to
“Treasurer-State of NH.”
(c)
The fee shall not be prorated or refunded if the permit term established
pursuant to Env-Wq 805.02 is less than 2 full years.
(d)
Any New Hampshire political subdivision that transports its own sludge
shall be exempt from the fee specified above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.05 Criteria for Review.
(a)
Within 30 days of receipt of the information required in Env-Wq 805.01,
the department shall issue a written decision on the application to the
applicant.
(b)
The department shall issue an initial sludge hauler permit or renew an
existing sludge hauler permit for the vehicle(s) specified in the application
if it determines that the following criteria have been met:
(1) All applicable requirements of Env-Wq 800
have been met;
(2) The applicant submits a signed statement
stating that all vehicles and containers proposed to transport sludge comply
with all federal and state requirements applicable to sludge transportation and
will be maintained so as to continue to comply with such requirements;
(3) The applicant has not been convicted of a
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application, or of a felony in any state or federal court
during the 10 years prior to the date of application; and
(4) The applicant has paid all fees and administrative,
civil, or criminal penalties owed to the department.
(c)
If the department denies the application, the decision issued pursuant
to (a), above, shall specify the reason(s) for the denial.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.06 Identification of Vehicle(s).
(a)
The permit holder shall ensure that a copy of the sludge hauler permit is
in the vehicle at all times.
(b)
Each sludge hauler shall display the name, business address, and
telephone number of the hauler or transporting company on both sides of the
vehicles used to transport sludge, unless exempt pursuant to (d), below.
(c)
The information required by (b), above, shall be in permanent lettering that
complies with 49 CFR § 390.21, specifically lettering
that is:
(1) In a color that contrasts sharply in color
with the background on which the letters are placed; and
(2) Legible during daylight hours from a distance
of 50 feet, equivalent to 15.24 meters, while the vehicle is stationary.
(d)
Vehicles that are owned and operated by New Hampshire political
subdivisions and that bear the political subdivision’s official seal on each
side of the vehicle shall not need additional identification.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.07 Maintenance of Containers
and Vehicles. A hauler who has been
issued a permit pursuant to Env-Wq 805 shall maintain each container and
vehicle used to transport sludge as follows:
(a)
Each container and vehicle shall be maintained:
(1) So as not to create unreasonable malodors or
public health hazards; and
(2) In compliance with all federal and state
requirements applicable to sludge transportation;
(b)
Each container transporting sludge from which liquid might be released
during transport shall be watertight;
(c)
The lettering required by Env-Wq 805.06(b) shall be maintained so as to
retain the legibility required by 805.06(c); and
(d)
For containers transporting liquid sludge:
(1) All piping, valves, and rigid or flexible
connections shall be accessible and capable of being cleaned;
(2)
All inlet and outlet connections shall be constructed and maintained such that
no material will leak, spill, or run out of the container during transfer or
transportation; and
(3) All discharge outlets shall be designed to
control the flow of discharge without spraying or flooding the receiving area.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.08 Transportation of Sludge.
(a)
Sludge that is derived from human waste and that is not class A shall
meet class B requirements at a minimum prior to being transported to a land
application or stockpile site.
(b)
No person shall transport sludge that is not QC sludge to a site
permitted under Env-Wq 806.
(c)
All containers used for transporting sludge shall be covered during
transport to minimize odors.
(d)
Containers transporting sludge shall not be placed for longer than 24
hours at a place that does not have a site or facility permit.
(e)
All containers shall be inspected by the driver prior to transport on
public roads to ensure that the contents will not leak, spill, or run out of
the container during transfer or transportation.
(f)
All vehicles and containers used to transport sludge shall conform to all applicable
federal and state requirements for sludge transportation.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.09 Change of Vehicle. Whenever a permit holder obtains an
additional vehicle or replaces a vehicle used for transporting containers of
sludge, the permit holder shall:
(a)
Notify the department in writing prior to placing the vehicle in service
to transport sludge;
(b)
Supply the identification number and license plate number for the
vehicle(s); and
(c)
Pay the fee, if any, required under Env-Wq 805.04.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.10 Recordkeeping.
(a)
Each sludge hauler permit holder shall record the following information
for each load of sludge:
(1) The date the sludge is transported from the
generator’s site or facility;
(2) The generator’s name, address, and daytime
telephone number;
(3) The quantity of sludge, in wet tons;
(4) The type of sludge, such as class B biosolids or
sludge that has not received sludge quality certification;
(5) The name, address, and telephone number of
the hauler permit holder and of the driver of the motorized vehicle if other than
the permit holder;
(6) The name, address, and telephone number of
each site, facility, solid waste facility, or wastewater treatment plant to
which the sludge or class B biosolids is delivered; and
(7) The date the sludge was delivered to the site or
facility.
(b)
The information required by (a), above, shall be maintained in the vehicle
used to transport the sludge while the material is being transported.
(c)
The
hauler shall:
(1) Retain the records for a minimum of 5 years after
expiration of the hauler permit to which the records relate; and
(2) Make the records available for review by the
department during normal business hours.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.11 Reporting. Each hauler shall provide the information
required by Env-Wq 805.10(a) monthly to the operator of the site, facility,
solid waste facility, or wastewater treatment plant to which the sludge is delivered
by no later than the 15th of the month following the month of the delivery.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 805.12 Accidental
Release.
(a)
In the event of an accidental release of sludge, the permit holder shall:
(1) Immediately take action to contain the spill,
minimize the environmental impact, and begin clean up procedures;
(2) Subject to (c), below, notify the department
within 24 hours of the release as specified in (b), below.
(b)
The permit holder shall provide the following information to the
department:
(1) The date, time, and location of the spill;
(2) The quantity of sludge spilled and the quantity of sludge
recovered, in wet tons, and the final disposition of the recovered sludge;
(3) The quantity, in wet tons, and final
disposition of any sludge that was not recovered;
(4) The hauler’s permit number and the name and
daytime telephone number of the driver involved in the incident;
(5) The name and daytime telephone number of the
generator;
(6) The approximate distance to any surface
waters and storm drains within 100 feet of the spill;
(7) The actions taken to control the extent of
the spill and minimize the environmental impact; and
(8) Future actions necessary to clean up the
spill, if applicable.
(c)
Notification to the department shall not be required if all of the following
conditions are met:
(1) For sludge that contains greater than 10
percent solids, the discharge is less than 25 gallons or 5 cubic feet;
(2) The discharge is immediately and completely
contained;
(3) The discharge is completely removed within 24
hours; and
(4) There is no impact to groundwater or surface
water.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 806 SITE
PERMIT REQUIREMENTS
Env-Wq 806.01 Site Permit Applications.
(a)
Unless exempted under Env-Wq 804.02(e), any person proposing to undertake QC
sludge management activities at a site shall apply for a site permit.
(b)
The applicant shall provide the following information on a form obtained
from the department:
(1) The name, mailing address, and daytime
telephone number of the applicant, if an individual;
(2) The name, mailing address,
and daytime telephone number of the applicant’s business;
(3) The location of the proposed site, including
street address, tax map and lot number, and current deed reference by book and
page number, and whether the location is within a designated river corridor;
(4) The property owner’s name, mailing address, and
daytime telephone number;
(5) Identification of each type of land
application activity being proposed for the site, including but not limited to
agricultural land application, forest application, reclamation, or stockpiling;
(6) A description of the use of the site,
including types and amounts of fertilizers or soil amendments used on each
field, if applicable, covering 5 years immediately prior to submission of the
application; and
(7) Whether the applicant has been convicted of a
misdemeanor under any statute administered by the department within the 5 years
prior to the date of application or of a felony in any state or federal court
during the 10 years prior to the date of application.
(c)
The
applicant shall submit the following with the application:
(1) A site plan prepared in accordance with
Env-Wq 806.06, and a copy of the plan that has been reduced to a size of 8-1/2
inches by 11 inches or 11 inches by 17 inches;
(2) A management plan prepared in accordance with
Env-Wq 806.07;
(3) If reclamation is proposed, the groundwater
monitoring plan required by Env-Wq 808.02;
(4) A statement signed by the applicant
certifying:
a. Compliance
with the notification provisions of Env-Wq 803;
b. That all operators of the
site will be instructed on the requirements of Env-Wq 800 prior to working at
the site; and
c. That the information
submitted is true, complete, and not misleading;
(5) A copy of the Natural Resource Conservation
Service (NRCS) county soils survey map, or portion thereof, with the area(s) of
proposed activity clearly delineated, including a description of each soil type
found on the site;
(6) A description of the soil profile
characteristics of each soil test pit or auger boring as required in Env-Wq
806.10(c);
(7) The results of the soil analyses conducted in
accordance with Env-Wq 806.10(d);
(8) Written verification from the department of
resources and economic development, natural heritage bureau (DRED-NHB) indicating
whether or not threatened or endangered species exist on the site;
(9) For each reclamation site and forest application
site, a site-specific soil map or survey prepared in accordance with the
Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of
Soil Scientists of Northern New England Special Publication No. 3, dated
February 2011, available as noted in Appendix B;
(10) A list of all other state permits that are
required for the proposed site and evidence that applications for those permits
have been submitted; and
(11) The name and address of the
locally-accessible place and the URL of the website, if applicable, where all
information required in Env-Wq 806.01 can be reviewed.
(d)
The applicant shall make a copy of the complete application and all
supporting information available as required by Env-Wq 803.
(e)
If the applicant is not the property owner, the application shall be
accompanied by a written statement in accordance with (f) below, and signed by
the owner.
(f)
The written statement shall state that the property owner is aware that
the application is being filed and has given permission to the applicant to
file the application and to enter upon the land for purposes of site
investigation and operation of the land application or stockpile site in the
event that the department issues the permit.
(g)
If the applicant is not the generator of the QC sludge to be managed at
the site, the application shall be accompanied by a written statement
signed by each generator stating that the generator is ultimately responsible
for ensuring that the final disposition of the material complies with Env-Wq
800 and 40 CFR part 503.
(h)
Each application shall be:
(1) Signed by the applicant;
(2) Submitted as one original paper copy and one
electronic copy in portable document format; and
(3) Accompanied by the fee specified in Env-Wq
806.04.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.02 Expiration of Site Permits. A site permit issued by the department shall
expire 10 years from the date on which it was issued.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.03 Renewal of Site Permits.
(a)
Any person to whom a site permit has been issued who wishes to renew the
permit shall apply for a permit modification under Env-Wq 804.10(c) and submit
the permit fee required in Env-Wq 806.04 to the department prior to the
expiration of the permit.
(b)
If the renewal application is submitted prior to the expiration of the permit,
the permit holder may continue to operate under the terms of the permit as
provided in RSA 541-A:30, I, even if a decision on the renewal application has
not been made prior to the expiration date.
(c)
If the renewal application is not submitted prior to the expiration of
the permit, the permit holder shall discontinue operations under the terms of
the permit and apply for a new permit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.04 Permit Fees.
(a)
Subject to (e), below, the applicant shall submit a fee in the amount of
$300 with each application for issuance or renewal of a site permit for land
application or stockpiling of QC sludge on sites with greater than 10 acres.
(b)
Subject to (e), below, the applicant shall submit a fee in the amount of
$150 with each application for issuance or renewal of a site permit for land
application or stockpiling of QC sludge on sites with greater than 5 but less
than or equal to 10 acres.
(c)
Subject to (e), below, the applicant shall submit a fee in the amount of
$100 with each application for issuance or renewal of a site permit for land
application or stockpiling of QC sludge on sites with 5 or fewer acres.
(d)
Fees, if paid by check or money order, shall be made payable to
“Treasurer-State of NH.”
(e)
Sites where only QC sludge from New Hampshire political subdivisions is
land applied shall be exempt from the fees specified in (a) through (c), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq
806.05 Criteria
for Review. The department shall issue
a site permit if it determines that:
(a)
All applicable requirements of Env-Wq 800 have been met;
(b)
If the applicant is other than the property owner, the owner has given
permission to the applicant to file the application and to enter upon the land
for purposes of site investigation and operation of the site in the event the
department issues the permit;
(c)
The
applicant has applied for all other state permits that are necessary
for the operation of the site;
(d)
Management of QC sludge at the site in accordance with the application
will not violate any statutes or rules implemented by the department;
(e)
The applicant
has not been convicted of a misdemeanor under any statute administered by the
department within the 5 years prior to the date of application, or of a felony
in any state or federal court during the 10 years prior to the date of
application;
(f)
The applicant
has paid all fees and administrative, civil, or criminal penalties owed to the
department;
(g)
The applicant
has submitted all test results and reports required for a site permit pursuant
to Env-Wq 806.01; and
(h)
The proposed use of QC sludge will not adversely affect threatened or
endangered species.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.06 Site Plans. Site plans required under Env-Wq 806.01(c)(1) shall be based upon a municipal tax map, a surveyed plan,
or other scaled drawing that:
(a)
Identifies the proposed site location at a scale appropriate to
delineate the information clearly; and
(b)
Shows the following:
(1) A locus map which identifies the proposed site
location at a scale appropriate to delineate the information clearly;
(2) The total land area, in acres, to be used for
land application or stockpiling;
(3) The land area of each field, in acres,
identified by unique field designation(s) and corresponding crop(s) proposed to
be grown;
(4) Access roads, access control measures, and
buffer distances;
(5) Proposed stockpile location(s);
(6) Any easements that exist on the property;
(7) Proposed measures to control surface water
runoff to or from the site and stockpile locations, if applicable;
(8) All instances of the following on the
proposed site and within 500 feet of the site:
a. Roads;
b. Property
lines;
c. Dwellings and
structures;
d. Water
supply wells;
e. All surface
waters, by name and location and, if applicable, designated river
classification under RSA 483, New Hampshire rivers management and protection
program; and
f. The
names and mailing addresses of all abutters and all property owners;
(9) All soil test pit and auger boring locations
and the information required by Env-Wq 806.10(c);
(10) The location of any 100-year flood plain as
defined and delineated by the flood insurance rate maps published by the
Federal Emergency Management Agency;
(11) The scale of the plan;
(12) An arrow indicating which direction on the
plan is north;
(13) The approximate location of all poorly and
very poorly drained soils on the site; and
(14) If reclamation is proposed, the items required
in the groundwater monitoring plan specified in Env-Wq 808.02(b).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.07 Management Plans. Each management plan required under Env-Wq
806.01(c)(2) shall include the following:
(a)
The normal hours of operation of the site;
(b)
The method of application, if land applying;
(c)
Stockpiling management provisions, if applicable;
(d)
The name of the generator(s) and the corresponding sludge quality
certification number(s) for any QC sludge that will be received at the site;
(e)
An estimate of the maximum amount of nitrogen, or phosphorus if
phosphorus is the limiting nutrient, that will be applied on an annual basis to
meet the nutrient requirements of the site;
(f)
A description of all QC sludge mixing activities that are proposed for
the site;
(g)
A detailed odor control plan explaining:
(1) The procedures that will be used to address
and resolve any odor complaints;
(2) The name, mailing address, and daytime
telephone number of the individual(s) who will be responsible for responding to
odor complaints; and
(3) Site management techniques that will be
employed to minimize odors;
(h)
A nutrient management plan, for the final QC sludge mixture to be land
applied for each field, specific for each crop or vegetation type, containing
the following information:
(1) The crops or vegetation to be grown;
(2) A copy of the farm or site nutrient
management recommendations developed in accordance with guidelines of UNH
cooperative extension, U.S. Department of Agriculture (USDA), NH department of
agriculture, Natural Resources Conservation Service (NRCS), or certified crop
advisor;
(3) The agronomic rate calculations for land
application of QC sludge on agricultural lands, performed in accordance with
the “Best Management Practices: Biosolids” published
by the UNH cooperative extension updated March 2015, available as noted in
Appendix B;
(4) The agronomic rate calculations for land
application of QC sludge on forested land or for reclamation, performed in
consultation with UNH cooperative extension, USDA, NH department of
agriculture, NRCS, or certified crop advisor;
(5) The proposed disposition of crops grown;
(6) The proposed type and amount of all other
soil amendments and nutrient sources to be used on the site;
(7) For each field, the proposed annual nitrogen
loading, or phosphorus if the limiting nutrient, in pounds per acre and, except
for sites where only QC sludge that is also certified as low metals is applied,
an estimate of the annual metals loading; and
(8) Except for sites where only biosolids that is also certified as low metals is
applied, the total cumulative metals’ loading to date; and
(i) Any other best management practice(s) that
will be implemented at the site to ensure compliance with Env-Wq 800.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.08 Land Application Standards.
(a)
QC sludge shall be land applied at rates that conform to the approved
nutrient management plan for the site permit pursuant to Env-Wq 806.07(h) and
the annual updated plan required by Env-Wq 806.12(a)(5).
(b)
No QC sludge shall be applied on frozen or snow-covered ground or when
the ground is saturated due to precipitation or flooding.
(c)
No QC sludge shall be applied on agricultural land that has a slope
greater than
15 percent, that is, a 15 foot rise in 100 feet.
(d)
QC sludge spread on agricultural land that has a slope greater than 8
percent shall contain a minimum of 15 percent solids or be subsurface injected.
(e)
QC sludge shall be spread uniformly over each field, at the rate
specified in the approved nutrient management plan or the annual updated
nutrient management plan, as applicable.
(f)
QC sludge that is to be land applied shall be processed to minimize
visible or identifiable plastics or other non-biodegradable solids.
(g)
No QC sludge shall be applied on very poorly drained soils.
(h)
No QC sludge shall be applied in the floodway, defined as the stream channel
plus that portion of the overbanks that must be kept free from encroachment in
order to discharge the one percent annual chance flood without increasing flood
levels by more than one foot.
(i) Animals shall not be grazed on land on which
QC sludge has been land applied until 45 days after the last application of QC
sludge unless methods to reduce adherence to the crop or vegetation are used in
conformance with the approved management plan.
(j)
Unless immediate incorporation is required by RSA 483, New Hampshire
rivers management and protection program, QC sludge shall be incorporated into
the soil within 48 hours of spreading unless it is used for top dressing.
(k)
Each
reclamation and forest site shall be posted, for the life of the permit,
with signs that:
(1) Contain the name and telephone number of the
operator and the name and address of the owner or lessee of the property;
(2) State “This is a sludge land application
site”;
(3) Are printed in block letters no less than 2
inches in height; and
(4) Are posted not more than 100 yards apart on
all sides and at all gates, bars, and commonly-used entrances.
(l)
Except for sites where only biosolids that are
certified as low metals are applied, all biosolids to
be land applied shall not exceed any of the following lifetime cumulative
pollutant loading rates:
(1) For arsenic, 10 kilograms per hectare or 9
pounds per acre;
(2) For cadmium, 5 kilograms per hectare or 4.5
pounds per acre;
(3) For chromium, 300 kilograms per hectare or
268 pounds per acre;
(4) For copper, 300 kilograms per hectare or 268
pounds per acre;
(5) For lead, 200 kilograms per hectare or 178.6
pounds per acre;
(6) For mercury, 5.6 kilograms per hectare or 5.0
pounds per acre;
(7) For molybdenum, 18 kilograms per hectare or
16 pounds per acre;
(8) For nickel, 100 kilograms per hectare or 89.3
pounds per acre;
(9) For selenium, 100 kilograms per hectare or 89
pounds per acre; and
(10) For zinc, 500 kilograms per hectare or 446.5
pounds per acre.
(m)
For QC sludge not generated in New Hampshire, the rate of application
shall conform to the application rate allowed by the state of origin or Env-Wq
800, whichever results in the lower loading rate.
(n)
For QC sludge not generated in New Hampshire, groundwater monitoring in
accordance with Env-Wq 808 shall be required for sludge management activities
that would require groundwater monitoring in the state of origin.
(o)
Subject to the notes in (p), below, no person shall land apply or
stockpile QC sludge within the buffer areas specified in Table 806-1:
Table
806-1: Buffer
Distances for Land Application
Receptor |
Buffer Distance (feet) |
For
Land Application: |
|
Rivers
protected under RSA 483 |
250 |
Surface
Waters not protected under RSA 483 |
125a |
Non-tidal
Drainage Ditch |
33 |
Community
Wells b |
400 |
Other
Wells |
300 |
Surface
Drinking Water Source |
500 |
Property
Lines |
100c |
Public
Roads other than Federal Interstate Highways |
25 |
Federal
Interstate Highways |
10 |
On-site
Occupied Dwelling |
100 |
Off-site
Occupied Dwelling: |
|
If
used for top dressing |
500d |
If
incorporated within 48 hours |
200d |
Bedrock |
2 |
Groundwater
Depth: |
|
Land
Application |
2e |
Reclamation |
4e |
For
Stockpiling or Field Storage: |
|
Surface
Drinking Water Source |
500 |
Nearest
Occupied Dwelling |
500
f |
Nearest
Off-site Well |
500g |
Property
Line |
100c |
Bedrock |
4 |
Groundwater
Depth |
2i |
Rivers
protected under RSA 483 |
250 |
Surface
waters not protected under RSA 483 |
250h |
Non-tidal
Drainage Ditch |
100 |
(p)
The following shall apply to Table 806-1:
(1) The letter “a” shall indicate that the distance
to surface waters not protected under RSA 483 may be reduced from 125 feet to
75 feet if the material is incorporated within 48 hours and the slope is less
than 8 percent;
(2) The letter “b” shall indicate those community
public water supply wells that withdraw greater than 57,600 gallons over a
24-hour period;
(3) The letter “c” shall indicate that the
distance to property lines may be reduced through written agreement with
affected party(ies);
(4) The letter “d” shall indicate that the distance
to an off-site occupied dwelling may be reduced to 100 feet through written
agreement with affected parties;
(5) The letter “e” shall indicate that this shall
be the distance to the groundwater at the time of application of sludge;
(6) The letter “f” shall indicate that the
distance to the nearest occupied dwelling shall be as far as practical beyond
500 feet, but can may be reduced below 500 feet with the occupant’s prior
written consent;
(7) The letter “g” shall indicate that the
distance to the nearest well shall be as far as practical, but in no case
closer than 500 feet;
(8) The letter “h” shall indicate that the
distance to surface waters not protected under RSA 483 may be reduced to 125
feet if the slope of the land to the surface water is less than 5% and a
vegetated buffer strip of at least 25 feet is maintained between the stockpile
and the surface water; and
(9) The letter “i”
shall indicate that the distance is to the seasonal high water table.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.09 Sludge Stockpiling at
Permitted Sites.
(a)
Any person stockpiling biosolids or QC sludge
containing biosolids for longer than 7 days shall
cover the stockpile with an odor control material, such as lime, wood ash that
has been approved for such use pursuant to Env-Sw
1700, or cement kiln dust, to minimize odors.
(b)
Stockpiles of QC sludge shall be maintained to minimize surface water
run-on and run-off.
(c)
Stockpiling of QC sludge shall not be permitted for greater than 48
hours on the 100-year flood plain as defined and delineated by the flood
insurance rate maps published by the Federal Emergency Management Agency.
(d) Stockpiling of QC sludge shall not be
permitted on any poorly or very poorly drained soils.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.10 Soil Testing.
(a)
One soil test pit or auger boring shall be taken, to a depth of at least
40 inches, for each soil mapping unit present on the NRCS county soils map, but
no less than one every 5 acres.
(b)
One soil test pit or auger boring shall be taken, to a depth of at least
4 feet, for each area proposed for stockpiling.
(c)
An analysis of the soil test pits or auger borings required by (a) and
(b),
above,
shall be performed that includes a description of the soil profile
characteristics, depth to seasonal high water table, and depth to bedrock.
(d)
Soil samples from each field proposed to be used for the land
application of QC sludge shall be collected and analyzed in accordance with
(f), below, within 6 months prior to submittal of the initial permit
application.
(e)
Soil samples from each field upon which QC sludge has been applied shall
be collected at the end of the permit term or prior to the first land
application of sludge under a permit renewed in accordance with Env-Wq
804.10(c).
(f)
The soil samples collected pursuant to (d) or (e), above, shall be
analyzed by a laboratory using the applicable method(s) found in EPA SW-846 for
the following constituents and reported in milligrams per kilogram, dry weight:
(1) Total Arsenic;
(2) Total Cadmium;
(3) Total Chromium;
(4) Total Copper;
(5) Total Lead;
(6) Total Mercury;
(7) Total Molybdenum;
(8) Total Nickel;
(9) Total Selenium; and
(10) Total Zinc.
(g)
Soil samples from each field used for land application shall be
collected on a yearly basis after the prior crop has been harvested but no more
than 6 months prior to the anticipated initial application for that year, so as
to be representative of the soils on which the land application will occur.
(h)
Samples collected pursuant to (g), above, shall be analyzed through the
UNH cooperative extension soil testing program, or by a laboratory using a
method that produces similar results to those produced by the UNH cooperative
extension soil testing program, for:
(1) Soil acidity, measured as pH;
(2) Mehlich buffer lime
requirement;
(3) Calcium;
(4) Magnesium;
(5) Potassium;
(6) Phosphorus; and
(7) Organic matter.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.11 Recordkeeping.
(a)
Every site permit holder shall maintain records of each load of QC
sludge received at the site, including identification of:
(1) The date received;
(2) The name and hauler permit number, if
applicable, of the hauler delivering the load;
(3) The generator and quantity of each load of QC
sludge received, in wet tons, and percent solids;
(4) The sludge quality certification number(s);
and
(5) The date land applied and the amount spread
on each field.
(b)
Except for sites where only QC sludge that is also certified as low
metals is applied, every site permit holder shall maintain records of the
annual and cumulative metal loadings for the site on a field by field basis,
based on the following:
(1) To determine annual metals loadings, the
permit holder shall use the highest concentration of each metal observed on a
dry weight basis, based on testing performed by the generator(s) during the
previous 12 months; and
(2) The permit holder shall determine cumulative
load by summing annual loadings as calculated above.
(c)
The
permit holder shall retain and make available to the department for review
during business hours all site plans, management plans, and
records. If the department believes that
violations of RSA 485-A or these rules relative to
sludge management have occurred, the department shall require the permit holder
to submit copies of all records.
(d)
The
permit holder shall retain all site plans, management plans, and records
for a minimum of 5 years after the expiration of the permit(s) to which they
relate.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 806.12 Reporting.
(a)
At least 14 days prior to commencement of each yearly land application
activity, the permit holder shall submit the following information to the
department for each site:
(1) The site name and address;
(2) The name of permit holder;
(3) The sludge quality certification number of each
QC sludge to be land applied;
(4) The permit number for the site; and
(5) An updated nutrient management plan prepared
in accordance with Env-Wq 806.07(h).
(b)
Each
site permit holder shall submit an annual report for each site to the
department by the last business day of January for each calendar year in which
the permit is valid, regardless of whether or not the site received or
processed QC sludge during the previous calendar year.
(c)
The annual report shall contain the following information:
(1) The site name and address;
(2) The permit number;
(3) The owner’s name;
(4) The crops grown for each field and the crop
disposition;
(5) The name and sludge quality certification number,
if applicable, of each generator;
(6) The quantity of QC sludge in wet and dry
tons, applied to each field, from each generator;
(7) The total quantity of QC sludge, in wet and
dry tons, applied to the entire site, from each generator;
(8) Except for sites where only QC sludge that is
also certified as low metals is applied, the annual metals loading and
cumulative metals loading to date for each field, calculated in accordance with
Env-Wq 806.11(b);
(9) For short paper fiber (SPF) application
sites:
a. The
application rate in dry tons per acre; and
b. If the application rate exceeds 35 dry tons
per acre, results of an analysis of the organic content of the SPF applied and
application rate calculations to show that the organic content has not
increased by more than 2%; and
(10) For reclamation sites, the groundwater
monitoring report as required by Env-Wq 808.04(c).
(d)
If any of the information differs from that previously supplied to the
department concerning the activity, the permit holder shall note those
differences in the annual report.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 807 FACILITY
PERMIT REQUIREMENTS
Env-Wq 807.01 Facility Permit Application.
(a)
The person proposing to undertake sludge management activities at a facility
shall apply for a facility permit.
(b)
The applicant for a facility permit shall provide the following
information on a form obtained from the department:
(1) The name, mailing address, and daytime
telephone number of the applicant, if an individual;
(2) The name, mailing address, and daytime
telephone number of the applicant’s business;
(3) The name and telephone number(s) of the
individual who can be reached 24 hours a day in case of an emergency;
(4) The location of the proposed facility,
including the
street address, tax map and lot number, and current deed reference by book and
page number, and whether the location is within a designated river corridor;
(5) The name, mailing address, and telephone
number(s) of the operator of the facility;
(6) The types of sludge management activities being
proposed at the facility, including but not limited to disposal, composting,
processing, stockpiling, or treating;
(7) A description of the intended capacity and
life of the facility;
(8)
A history of the use of the land on which the facility is proposed covering 5
years immediately prior to submission of the application; and
(9) The intended disposition of the sludge
managed and whether sludge quality certification will be sought.
(c)
The applicant shall submit the following with the application:
(1) If applicable, facility plans and
specifications for construction and closure stamped by a professional engineer
registered in the State of New Hampshire;
(2) A facility plan prepared in accordance with
Env-Wq 807.06;
(3) A management plan prepared in accordance with
Env-Wq 807.07;
(4) A statement signed by the applicant
certifying that:
a. The applicant has
complied with the notification provisions of Env-Wq 803;
b.
The operator of the facility has been instructed on the requirements of Env-Wq
800 or shall be so instructed prior to working at the facility; and
c. The
information submitted is true, complete, and not misleading;
(5) The results of soils testing required by Env-Wq
807.10;
(6) Written verification from the department of
resources and economic development indicating whether or not any threatened or
endangered species exist on the site;
(7) For sludge monofills,
financial assurance as required by Env-Sw 1400;
(8) A copy of the facility closure plan as
specified in Env-Wq 807.09;
(9) A list and copies of all other state permits
that are required for the proposed facility and evidence that
applications for those permits have been submitted;
(10) The name and address of the
locally-accessible place and the URL, if applicable, where all the information
required in Env-Wq 807.01 can be reviewed;
(11) A statement as to whether the applicant has been
convicted of a misdemeanor under any statute administered by the department
within the 5 years prior to the date of application, or of a felony in any
state or federal court during the 10 years prior to the date of application;
(12) A copy of the NRCS county soils map, or
portion thereof, with the area(s) of proposed activity clearly delineated,
including a description of each soil type found on the site; and
(13)
The groundwater monitoring plan developed in accordance with Env-Wq 808.02, if
applicable.
(d)
If the applicant is not the owner, the application shall be accompanied
by a written statement signed by the owner stating that the owner is aware that
the application is being filed and has given permission to the applicant to
file the application and to enter upon the land for purposes of site investigation
and operation of the facility in the event that the department issues the
permit.
(e)
The applicant shall make a copy of the complete application and all
supporting information available as required by Env-Wq 803.
(f)
If the applicant is not the generator of the sludge(s), the application
shall be accompanied by a written statement signed by each generator stating
that the generator is ultimately responsible for ensuring that the final
disposition of the material complies with Env-Wq 800 and 40 CFR part 503.
(g)
Each application shall be:
(1) Signed by the applicant;
(2) Submitted as one original paper copy and one
electronic copy in portable document format; and
(3) Accompanied by the fee specified in Env-Wq 807.04.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.02 Expiration of a Facility
Permit. A facility permit issued by the
department shall expire 10 years from the date on which it was issued.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.03 Renewal of a Facility
Permit.
(a)
Any person to whom a facility permit has been issued who wishes to renew
the permit shall apply for a permit modification under Env-Wq 804.10(c) and
submit the permit fee required by Env-Wq 807.04 to the department prior to the
expiration of the permit.
(b)
If the renewal application is submitted prior to the expiration of the
permit, the permit holder may continue to operate under the terms of the permit
even if a decision on the renewal application has not been made prior to the
expiration date.
(c)
If the renewal application is not submitted prior to the expiration of
the permit, the permit holder shall discontinue operations under the terms of
the permit and apply for a new permit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.04 Permit Fees.
(a)
Subject to (b), below, the applicant shall submit a fee in the amount of
$1,000 with each application for issuance or renewal of a facility permit.
(b)
Any New Hampshire political subdivision that applies for a facility
permit or has its sludge managed at a permitted facility shall be exempt from the
fee specified in (a), above.
(c)
Fees, if paid by check or money order, shall be made payable to
“Treasurer-State of NH.”
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.05 Criteria for Review. The department shall issue or renew a
facility permit if it determines that the following criteria have been met:
(a)
All applicable requirements of the rules have been met;
(b)
All state permits which are necessary for the construction and operation
of the facility have been applied for;
(c)
The
management
of sludge at the facility, in accordance with the application, will not violate
any statues or rules implemented by the department;
(d)
The permit holder has not been convicted of a misdemeanor under any
statute administered by the department within the 5 years prior to the date of
application, or of a felony in any state or federal court during the 10 years
prior to the date of application;
(e)
The permit holder has paid all fees and administrative, civil, or
criminal penalties owed to the department; and
(f)
The sludge management activities that will be conducted at the facility
will not adversely affect threatened or endangered species.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.06 Facility Plans. A facility plan required under Env-Wq 807.01(c)(2) shall include the following at a scale appropriate to
show all information contained on the plan clearly:
(a)
A locus map that identifies the proposed facility location;
(b)
The total available land area, in acres, and the specific acres to be
used for facility operations, including proposed stockpile locations;
(c)
Identification of access roads and access control measures, including
perimeter fencing and buffer distances;
(d)
Identification of the following within 500 feet of the proposed facility:
(1) Roads;
(2) Land use;
(3)
The approximate location of all dwellings, structures, and water supply wells;
(4) Property lines with names and mailing
addresses of each abutter;
(5) The location of any 100-year flood plain as
defined and delineated by the flood insurance rate maps published by the
Federal Emergency Management Agency; and
(6) The name and location of all surface waters,
including their designated river classification under RSA 483, New Hampshire
rivers management and protection program, if applicable;
(e)
Identification of proposed measures to control surface runoff to or from
the facility and stockpile locations, if applicable;
(f)
All soil test pit and auger boring locations and the information
required by Env-Wq 807.10(c);
(g) Identification of all easements or
right-of-ways located on the property proposed for the facility;
(h)
The scale of the plan;
(i) An arrow indicating which direction on the plan
is north;
(j)
The location of all poorly and very poorly drained soils; and
(k)
If applicable, the location of the elements of the groundwater
monitoring plan required by Env-Wq 808.02(b).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.07 Management Plans. A management plan required under Env-Wq
807.01(c)(3) shall include the following:
(a)
The normal hours of operation of the facility;
(b)
Storage or stockpiling provisions, if applicable;
(c)
The quantity of sludge, in wet and dry tons, expected to be received
annually;
(d)
The maximum quantity of sludge, in wet and dry tons, the facility is
designed to manage annually;
(e)
Additional on-site measures to be taken to control vectors;
(f)
A detailed odor control plan explaining:
(1) The procedures that will be used to address
and resolve any odor complaints;
(2) Additional management techniques employed to
minimize odors; and
(3) The name, address, and telephone number of
each individual who will be responsible for responding to odor complaints; and
(g)
A copy of the facility contingency plan describing course(s) of action to
be followed in case of emergency or other special conditions, including but not
limited to equipment breakdowns, fires or explosions, vector infestations, and
other incidents having a reasonable probability of occurrence based on the
facility location and operations that could threaten human health or safety or
the environment.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.08 Facility Standards.
(a)
As applicable, new facilities for the treatment or processing of sludge,
such as sludge treatment facilities and sludge lagoons, shall be designed and
constructed in accordance with TR-16, “Guides for the Design of Wastewater Treatment
Works” by the New England Interstate Water Pollution Control Commission, dated
2011, available as noted in Appendix B.
(b)
Sludge composting facilities and sludge monofills
shall be designed, constructed, operated and closed in accordance with the
applicable requirements of Env-Sw 600 and Env-Sw 800, respectively.
(c)
Each
facility
shall:
(1) Be operated in such a manner so as to
minimize the impact on abutters and the surrounding community;
(2) Be posted with signs that:
a. Contain the
name and telephone number of the operator and the name and address of the owner
or lessee of the property;
b. State
“This is a Sludge Management Area”;
c. Are
printed with block letters no less than 2 inches in height; and
d. Are no more
than 100 yards apart on all sides and located at gates, bars, and commonly used
entrances;
(3) Restrict access by a locked gate or cable;
(4) Be operated such that odors from the facility
are minimized;
(5) Be maintained in a clean and orderly fashion
to minimize attraction of vectors; and
(6) Be closed in accordance with Env-Wq 807.09.
(d)
In addition to the requirements in (c), above, each lagoon shall be:
(1) Fenced around the
perimeter to control access;
(2) Maintained to provide a minimum of 2 feet of
freeboard at all times; and
(3) Bermed on all sides
to divert surface drainage away from the lagoon.
(e)
No
person shall site or operate a facility within the buffer distances specified
in Table 807-1:
Table
807-1: Buffer Distances For
Processing, Stockpiling or Storage Facilities
Receptor |
Buffer
Distance (feet) |
Nearest
Well |
500a |
Surface
Water |
250 |
Surface
Drinking Water Source |
500 |
Nearest
Occupied Dwelling |
500b |
Property
Line |
500b |
Groundwater
Depth |
4c |
Bedrock |
4 |
(f)
The following shall apply to Table 807-1:
(1) The letter “a” shall indicate that the
distance to the nearest well shall be as far as practical, but in no case
closer than 500 feet;
(2) The letter “b” shall indicate that the
distance to the nearest occupied dwelling or property line shall be as far as
practical beyond 500 feet, but may be reduced below 500 feet with the
occupant’s prior written consent; and
(3) The letter “c” shall indicate
that the distance is to the seasonal high water table.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.09 Closure Plans.
(a)
The closure plan required by Env-Wq 807.01(c)(8)
shall include the following:
(1) The facility identification, including name,
mailing address, location, and permit number, if applicable;
(2) A description of the procedures for removing
all material from the facility, if applicable, and the intended final
disposition of the materials;
(3) A description of any proposed site work that
will be performed to regrade or revegetate
the area, or both;
(4) The schedule of closure activities and
anticipated closure completion date; and
(5) A description of how notification will be
given to all users of the facility of the termination of operation of the
facility.
(b)
At least 60 days prior to the planned cessation of facility operations,
the permit
holder shall provide written notice of the intent to close the facility
to the department and the municipality in which the facility is located.
(c)
The notice shall include the following:
(1) The facility identification, including permit
number;
(2) The date the facility intends to stop
receiving sludge and the date the facility intends to stop processing the material(s);
(3) A copy of the facility’s approved closure
plan or file reference thereto; and
(4) The date the facility intends to begin closure
activities and estimated closure completion date.
(d)
The permit
holder shall notify the department and the municipality in which the
facility is located in writing when closure is complete.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.10 Soil Testing.
(a)
One soil test pit or auger boring shall be taken, at a depth of at least
40 inches, for each soil mapping unit present on the NRCS county soils map, but
no less than one every 5 acres.
(b)
One soil test pit or auger boring shall be taken, to a depth of at least 6
feet, for each area proposed for storage.
(c)
An analysis of the soil test pits or auger borings required by (a) and
(b), above, shall be performed and shall include a description of the soil
profile characteristics, depth to the seasonal high water table, and bedrock.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.11 Recordkeeping.
(a)
The
permit holder shall maintain records of each load of sludge received at the facility,
including identification of:
(1) The date received;
(2) The name and permit number of the hauler
delivering the load;
(3) The quantity of each load of sludge received
from the generator, in wet tons and percent solids; and
(4) The name of the generator and sludge quality
certification number; if applicable.
(b)
The permit holder shall maintain all facility plans, management plans,
closure plans, and records and make such plans and records available to the
department for review during business hours.
If the department believes that violations of RSA 485-A or Env-Wq 800
have occurred, the department shall require the permit holder to submit copies
of all records.
(c)
The
permit holder shall retain all facility plans, management plans, closure
plans, and records for a minimum of 5 years after closure of the facility.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 807.12 Reporting.
(a)
The permit holder shall report a complaint to the department orally
within 24 hours of receipt of the complaint and provide a written submission
within 5 days of the complaint. Each oral and written report shall contain a description
of the complaint, including the exact date and time of the complaint, and steps
taken or planned to reduce or eliminate and prevent reoccurrence of the
concern.
(b)
The
permit holder shall submit an annual report for each facility to the department
by the last business day of January for each calendar year in which the permit
is valid, regardless of whether or not the facility received or processed
sludge during the previous calendar year.
(c)
The annual facility report shall contain the following information:
(1) The name and address of the facility;
(2) The facility’s permit number;
(3) The name of the permit holder;
(4) The total quantity of sludge, in wet and dry tons,
received at the facility from each generator and the sludge quality
certification number, if applicable;
(5) The quantity of all material distributed, in
wet and dry tons; and
(6) The groundwater monitoring report required by
Env-Wq 808.04(c).
(d)
If any of the information differs from that previously supplied to the
department concerning the activity, the permit holder shall note those
differences in the annual report.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 808 GROUNDWATER
MONITORING
Env-Wq 808.01 Applicability. Groundwater shall be monitored at the
following:
(a) Any facility permitted pursuant to
Env-Wq 807;
(b) Reclamation sites; and
(c)
Any other location where sludge management activities are conducted, such
as uncovered
stockpiles or compost piles containing leachable constituents, that might
result in groundwater contamination if not properly managed.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 808.02 Groundwater Monitoring Plan
Requirements.
(a)
The applicant shall submit a groundwater monitoring plan that
identifies:
(1) The constituents to be monitored;
(2) The location and identification of all
sampling points;
(3) The sampling frequency;
(4) The sampling methodologies;
(5) The analytical methodologies; and
(6) The procedures that will be used to establish
background concentrations of all constituents required to be monitored. “Background concentrations” means
concentrations detected in areas unaffected by the site or facility permitted
or to be permitted.
(b)
In addition to (a), above, the applicant shall include the following on
the site or facility plan prepared in accordance with Env-Wq 806.06 or Env-Wq
807.06, respectively:
(1) The location, elevation, and datum of a bench
mark, if a survey is conducted to establish topography;
(2) Ground surface spot elevations and contours
to show topography, using information from the most recent USGS map or more
accurate information, if available;
(3) The identification and location of existing
and proposed groundwater monitoring wells, showing at least one hydraulically
up-gradient and 2 hydraulically down-gradient wells;
(4) The identification and location of any
surface water sampling points;
(5) Groundwater contours that accurately show
groundwater flow direction;
(6) A description
of the method used to develop groundwater contours, including the
identification and location of any piezometers;
(7) A table of water level measurements and elevations
found in any piezometers and monitoring wells used to develop the groundwater
contours;
(8) Well construction details of any existing
monitoring wells, top of well casing elevations, and measured depth to water
table from top of casing; and
(9) Well construction details of any proposed
monitoring wells in accordance with Env-Wq 402.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 808.03 Corrective Action Plan.
(a)
If the concentration of any constituent required by the department to be
monitored under the groundwater monitoring plan exceeds the background value,
in accordance with (b), below, at any down-gradient monitoring well, the permit
holder shall:
(1) Notify the department within 10 days;
(2) Commence monthly monitoring
for each constituent for which background has been exceeded at each well where
background has been exceeded; and
(3) Continue monthly monitoring until the results
demonstrate that background has not been exceeded for 2 consecutive months.
(b)
Background shall be deemed to be exceeded when any of the following
conditions exist:
(1) The concentration of a monitored constituent
exceeds the background concentration, as established pursuant to Env-Wq
808.02(a)(6), by more than the analytical detection
limit for that constituent;
(2) The concentration of a monitored constituent
previously undetected using the procedures established pursuant to Env-Wq
808.02(a)(6) exceeds the analytical detection limit by a factor of 1.5; or
(3) For nitrate, the concentration exceeds 5 mg/L
above the background nitrate concentration or 9 mg/L, whichever is less.
(c)
If the concentration of a constituent detected by the additional
monitoring exceeds the background concentration for 2 consecutive months but is
below the ambient groundwater quality standard, the permit holder shall:
(1) Notify the department within 10 days;
(2) For a reclamation site, cease operation
immediately;
(3) Continue monthly monitoring; and
(4) Within 30 days, submit to the department for review
and approval a corrective action plan that describes the exceedances,
the source(s) of the exceedances, and the
proposed measures to be taken to eliminate the exceedances.
(d)
The department shall approve the corrective action plan if it determines
that implementation of the proposed plan is reasonably expected to:
(1) Achieve compliance with background and
ambient groundwater quality standards;
(2) Eliminate any future discharges of the
constituent(s) that was causing the exceedances of
background values or ambient groundwater quality standards in the groundwater;
and
(3) Protect human health and the environment.
(e)
The permit
holder shall initiate implementation of the approved corrective action
plan within 30 days of department approval in accordance with an approved
implementation schedule.
(f)
If the concentration of any monitored constituent detected in any down-gradient
monitoring well exceeds the ambient groundwater quality standard, the
permit holder shall:
(1) Cease operation immediately;
(2) Resample each monitoring well where ambient groundwater
quality standards have been exceeded;
(3) Notify the
department within 10 days;
(4) Commence monthly monitoring of all monitoring
wells; and
(5) Within 30 days, submit to the department for review
and approval a corrective action plan that describes the exceedances,
the source(s) of the exceedances, and the
proposed measures to be taken to eliminate the exceedances
for review as specified in (d), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 808.04 Water Quality Sampling,
Analysis, and Reporting.
(a)
Analyses shall be performed by a laboratory accredited under National Environmental
Laboratory Accreditation Program (NELAP) standards.
(b)
Sampling shall be performed in accordance with Env-Wq 402.21(c).
(c)
The results of all regularly-scheduled testing shall be summarized and
submitted to
the department with the annual report required pursuant to Env-Wq
806.12(c) or Env-Wq 807.12(c), as applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 808.05 Groundwater Monitoring Wells.
(a)
Unless the
department approves alternative methods pursuant to Env-Wq 811 that are
equivalent to (1) and (2), below, monitoring wells shall be designed,
installed, and decommissioned in accordance with the practices described in
Env-Wq 402.22.
(b)
Monitoring wells shall be:
(1) Purged prior to sampling; and
(2) Allowed to equilibrate a minimum of 2 weeks
prior to sampling for compliance purposes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 809 SLUDGE
QUALITY CERTIFICATION REQUIREMENTS
Env-Wq 809.01 Sludge Quality Certification
Application. To apply for a sludge quality
certification, the generator shall provide 2 copies of the following to the
department:
(a)
The name and address of the facility, such as a wastewater treatment plant or
other facility, that has generated or will generate the sludge;
(b)
The name, title, and telephone number of the operator of the facility;
(c)
If the generator is a POTW, a list and brief description of all industrial permit holders
and each
permit holder’s local limits;
(d)
If the generator is an industrial wastewater treatment facility, the
common chemical name of all chemicals being discharged to the treatment facility;
(e)
The quantity of sludge, in dry tons, generated annually by the
generating facility for the previous 2 calendar years;
(f)
If the sludge is not generated in New Hampshire, certification that the
sludge meets the chemical standards for land application in the state of origin
as required by RSA 485-A:5-d;
(g)
If the sludge contains human waste, a description of the process to
achieve class A or class B pathogen reduction requirements and vector
attraction reduction requirements, including a citation to the applicable 40
CFR part 503 section; and
(h)
A sludge quality report that includes the following:
(1) A description of the generating facility and
sludge treatment process;
(2) A chronological summary of analytical data
from the previous 3 years, if available, for each detected chemical, presented
in tabular form and by category; and
(3) The results of testing required by Env-Wq
809.05, including laboratory reports, presented categorically as in (2), above,
and summarized in tabular form.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.02 Sludge Quality Certification
Fees.
(a)
Subject to (c), below, the applicant for sludge quality certification
shall submit a fee in the amount of $1,000 with the application.
(b)
Fees, if paid by check or money order, shall be made payable to
“Treasurer-State of NH.”
(c) Political subdivisions whose facilities are
permitted by the department under RSA 485-A:13 shall
be exempt from the fee specified in (a), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.03 Criteria for Review. The department shall issue a sludge quality
certification to the generating facility if it determines that the information
submitted demonstrates that the sludge:
(a)
Is not a hazardous waste as defined in RSA 147-A:2,
VII;
(b)
If derived from human waste, consistently meets the pathogen and vector
attraction requirements specified in the application;
(c)
Does not exceed the following concentrations, expressed as the total
concentration on a dry weight basis:
(1) For total arsenic, 32 mg/kg;
(2) For total cadmium, 14 mg/kg;
(3) For total chromium, 1,000 mg/kg;
(4) For total copper, 1,500 mg/kg;
(5) For total lead, 300 mg/kg;
(6) For total mercury, 10 mg/kg;
(7) For total molybdenum, 35 mg/kg;
(8) For total nickel, 200 mg/kg;
(9) For total selenium, 28 mg/kg;
(10) For total zinc, 2,500 mg/kg;
(11) For polychlorinated biphenyls (PCB), 1.0
mg/kg; and
(12) For dibenzodioxins
and dibenzofurans, 27 ng/kg
TEQ for all congeners determined by EPA method 1613 using the 1989 toxic
equivalency factors;
(d)
Is of sufficiently consistent quality such that for the constituents in
(c), above, the mean concentration for data submitted under Env-Wq 809.01(h)
plus one standard deviation from the mean does not exceed the concentration
specified in (c), above;
(e)
Is not a threat to public health, safety, or the environment from other
chemical contaminants when assessed according to risk methodologies described
in the United States Environmental Protection Agency’s (US EPA’s) Soil
Screening Guidance, EPA/540/R-96/018 dated April 1996, the American Society for
Testing and Materials E-1739-95, Guide for Risk-Based Corrective Action Applied
to Petroleum Release Sites dated November, 1995, or equivalent approved
pursuant to Env-Wq 811;
(f)
If not generated in New Hampshire, meets the chemical standards of the
state of origin for the equivalent category of sludge;
(g)
If class B biosolids or mixtures of sludge
containing class B biosolids that are to be certified
for reclamation use, the material contains enteric virus concentrations of less
than one plaque-forming unit per 4 grams of solid on a dry weight basis; and
(h)
If the sludge is to be certified as low metals, does not exceed the
following concentrations, expressed as the total concentration on a dry weight
basis:
(1) For total arsenic, 10 mg/kg;
(2) For total cadmium, 10 mg/kg;
(3) For total chromium, 160 mg/kg;
(4) For total copper, 1,000 mg/kg;
(5) For total lead, 270 mg/kg;
(6) For total mercury, 7 mg/kg;
(7) For total molybdenum, 18 mg/kg;
(8) For total nickel, 98 mg/kg;
(9) For total selenium, 18 mg/kg; and
(10) For total zinc, 1,780 mg/kg.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.04 Expiration and Renewal of
Sludge Quality Certification.
(a)
A sludge quality certification shall expire 5 years from the date of
issuance.
(b)
To apply for renewal of sludge quality certification, the generator
shall submit to the department, prior to expiration of the current sludge
quality certification, the following:
(1) The information required by Env-Wq 809.01;
and
(2) A summary in tabular form of all analytical
data accumulated as a result of the testing requirements of Env-Wq 809.07
during the most recent certification term.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.05 Testing Required for Initial
Certification.
(a)
Subject to (b), below, with an application for a sludge quality
certification the applicant shall submit the results of the analyses of the number
of representative samples of sludge from the generating facility determined
pursuant to (b) or (c), below, as applicable, taken at least 30 days apart
within the 12 months prior to the date of application and analyzed for the
constituents in Env-Wq 809.06.
(b)
The number of representative samples shall be based on the total annual
sludge production, as follows:
(1) For total annual sludge production of less
than 1,600 dry tons, 2 representative samples; and
(2) For total annual sludge production of 1,600
dry tons or more, 4 representative samples.
(c)
For batch processes or specified quantities of sludge proposed for land
application, the applicant may collect representative composite sample(s) from
each batch or specified quantity on a one time basis. The number of composite
samples shall be based on an estimate of the quantity of sludge proposed for
sludge quality certification as shown in table 809-1, below:
Table
809-1: Number of Required Samples for Batch Processes
Estimated
Quantity of Sludge (dry tons) |
Number
of Samples Required |
less
than 320 |
one
composite sample |
320
to 1600 |
2
composite samples |
more
than 1600 |
4
composite samples |
(d)
All samples shall be collected in accordance with “The Wastewater Treatment
Plant Operators Guide to Biosolids Sampling Plans”
published by the New England Interstate Water Pollution Control Commission,
dated September 2006, available as noted in Appendix B, or equivalent approved
pursuant to Env-Wq 811.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.06 Testing: Constituents
Required For All QC Sludge.
(a)
Subject to (b), below, sludge samples collected pursuant to Env-Wq
809.05 or Env-Wq 809.07 shall be analyzed for the constituents listed in Table
809-2, below, in accordance with the methods specified.
(b)
Testing for enteric viruses as specified in Table 809-2, section G shall
be required only for generators of class B biosolids
requesting certification of the biosolids for
reclamation uses.
(c)
The constituents required to be analyzed shall be as follows:
Table
809-2: Compounds, Chemical Abstract Service
Registration Number (CAS),
Analytical Methods, and Detection Limits
# |
Compound |
CAS |
Analytical
Method |
Detection
Limit (mg/kg) |
|
Section
A. Volatile Organic Compounds |
|||||
1 |
Dichlorodifluoromethane |
75-71-8 |
SW846
- 8000 series |
2.0 |
|
2 |
Chloromethane |
74-87-3 |
SW846
- 8000 series |
2.0 |
|
3 |
Vinyl
chloride |
75-01-4 |
SW846
- 8000 series |
2.0 |
|
4 |
Bromomethane |
74-83-9 |
SW846
- 8000 series |
2.0 |
|
5 |
Chloroethane |
75-00-3 |
SW846
- 8000 series |
2.0 |
|
6 |
Trichlorofluoromethane |
75-69-4 |
SW846
- 8000 series |
2.0 |
|
7 |
Diethyl
ether |
60-29-7 |
SW846
- 8000 series |
2.0 |
|
8 |
Acetone |
67-64-1 |
SW846
- 8000 series |
10.0 |
|
9 |
1,1-Dichloroethene |
75-35-4 |
SW846
- 8000 series |
2.0 |
|
10
|
Methylene
chloride |
75-09-2 |
SW846
- 8000 series |
2.0 |
|
11 |
Carbon
disulfide |
75-15-0 |
SW846
- 8000 series |
2.0 |
|
12 |
Methyl-tert-butylether (MTBE) |
1634-04-4 |
SW846
- 8000 series |
2.0 |
|
13 |
trans-1,2-Dichloroethene |
156-60-5 |
SW846
- 8000 series |
2.0 |
|
14 |
1,1-Dichloroethane |
75-34-3 |
SW846
- 8000 series |
2.0 |
|
15 |
2-Butanone
(MEK) |
78-93-3 |
SW846
- 8000 series |
10.0 |
|
16 |
2,2-Dichloropropane |
590-20-7 |
SW846
- 8000 series |
2.0 |
|
17 |
cis-1,2-Dichloroethene |
156-59-2 |
SW846
- 8000 series |
2.0 |
|
18 |
Chloroform |
67-66-3 |
SW846
- 8000 series |
2.0 |
|
19 |
Bromochloromethane |
74-97-5 |
SW846
- 8000 series |
2.0 |
|
20 |
Tetrahydrofuran (THF) |
109-99-9 |
SW846
- 8000 series |
10.0 |
|
21 |
1,1,1-Trichloroethane |
71-55-6 |
SW846
- 8000 series |
2.0 |
|
22 |
1,1-Dichloropropene |
563-58-6 |
SW846
- 8000 series |
2.0 |
|
23 |
Carbon
tetrachloride |
56-23-5 |
SW846
- 8000 series |
2.0 |
|
24 |
1,2-Dichloroethane |
107-06-2 |
SW846
- 8000 series |
2.0 |
|
25 |
Benzene |
71-43-2 |
SW846
- 8000 series |
2.0 |
|
26 |
Trichloroethene |
79-01-6 |
SW846
- 8000 series |
2.0 |
|
27 |
1,2
Dichloropropane |
78-87-5 |
SW846
- 8000 series |
2.0 |
|
28 |
Dichlorobromomethane |
75-27-4 |
SW846
- 8000 series |
2.0 |
|
29 |
Dibromomethane |
74-95-3 |
SW846
- 8000 series |
2.0 |
|
30 |
4-Methyl-2-pentanone
(MIBK) |
108-10-1 |
SW846
- 8000 series |
10.0 |
|
31 |
Cis-1,3-Dichloropropene |
10061-01-5 |
SW846
- 8000 series |
2.0 |
|
32 |
Toluene |
108-88-3 |
SW846
- 8000 series |
2.0 |
|
33 |
trans-1,3-Dichloropropene |
10061-02-6 |
SW846
- 8000 series |
2.0 |
|
34 |
1,1,2-Trichloroethane |
79-00-5 |
SW846
- 8000 series |
2.0 |
|
35 |
2-Hexanone |
591-78-6 |
SW846
- 8000 series |
10.0 |
|
36 |
1,3-Dichloropropane |
142-28-9 |
SW846
- 8000 series |
2.0 |
|
37 |
Tetrachloroethene |
127-18-4 |
SW846
- 8000 series |
2.0 |
|
38 |
Dibromochloromethane |
128-48-1 |
SW846
- 8000 series |
2.0 |
|
39 |
1,2-Dibromoethane |
106-93-4 |
SW846
- 8000 series |
2.0 |
|
40 |
Chlorobenzene |
108-90-7 |
SW846
- 8000 series |
2.0 |
|
41 |
1,1,1,2-Tetrachloroethane |
630-20-6 |
SW846
- 8000 series |
2.0 |
|
42 |
Ethylbenzene |
100-41-4 |
SW846
- 8000 series |
2.0 |
|
43 |
m&p-Xylene |
108-38-3 106-42-3 |
SW846
- 8000 series |
2.0 |
|
44 |
o-Xylene |
95-47-6 |
SW846
- 8000 series |
2.0 |
|
45 |
Styrene |
100-42-5 |
SW846
- 8000 series |
2.0 |
|
46 |
Bromoform |
75-25-2 |
SW846
- 8000 series |
2.0 |
|
47 |
Isopropylbenzene |
98-82-8 |
SW846
- 8000 series |
2.0 |
|
48 |
1,1,2,2-Tetrachloroethane |
79-34-5 |
SW846
- 8000 series |
2.0 |
|
49 |
1,2,3-Trichloropropane |
96-18-4 |
SW846
- 8000 series |
2.0 |
|
50 |
n-Propylbenzene |
98-06-6 |
SW846
- 8000 series |
2.0 |
|
51 |
Bromobenzene |
108-86-1 |
SW846
- 8000 series |
2.0 |
|
52 |
1,3,5-Trimethylbenzene |
108-67-8 |
SW846
- 8000 series |
2.0 |
|
53 |
2-Chlorotoluene |
95-49-8 |
SW846
- 8000 series |
2.0 |
|
54 |
4-Chlorotoluene |
106-43-4 |
SW846
- 8000 series |
2.0 |
|
55 |
tert-Butylbenzene |
104-51-8 |
SW846
- 8000 series |
2.0 |
|
56 |
1,2,4-Trimethylbenzene |
95-63-6 |
SW846
- 8000 series |
2.0 |
|
57 |
sec-Butylbenzene |
135-98-8 |
SW846
- 8000 series |
2.0 |
|
58 |
p-Isopropyltoluene |
99-87-6 |
SW846
- 8000 series |
2.0 |
|
59 |
1,3-Dichlorobenzene |
541-73-1 |
SW846
- 8000 series |
2.0 |
|
60 |
1,4-Dichlorobenzene |
106-46-7 |
SW846
- 8000 series |
2.0 |
|
61 |
n-Butylbenzene |
104-51-8 |
SW846
- 8000 series |
2.0 |
|
62 |
1,2-Dichlorobenzene |
95-50-1 |
SW846
- 8000 series |
2.0 |
|
63 |
1,2-Dibromo-3-chloropropane |
96-12-8 |
SW846
- 8000 series |
2.0 |
|
64 |
1,2,4-Trichlorobenzene |
120-82-1 |
SW846
- 8000 series |
2.0 |
|
65 |
Hexachlorobutadiene |
87-68-3 |
SW846
- 8000 series |
2.0 |
|
66 |
Naphthalene |
91-20-3 |
SW846
- 8000 series |
2.0 |
|
67 |
1,2,3-Trichlorobenzene |
87-61-6 |
SW846
- 8000 series |
2.0 |
|
Section
B. Semi-volatile Compounds |
|||||
68 |
1,2-Diphenylhydrazine
(as Azobenzene) |
122-66-7 |
SW846
- 8000 series |
2.5 |
|
69 |
2,4,5-Trichlorophenol |
95-95-4 |
SW846
- 8000 series |
2.5 |
|
70 |
2,4,6-Trichlorophenol |
88-06-2 |
SW846
- 8000 series |
2.5 |
|
71 |
2,4-Dichlorophenol |
120-83-2 |
SW846
- 8000 series |
2.5 |
|
72 |
2,4-Dimethylphenol |
105-67-9 |
SW846
- 8000 series |
2.5 |
|
73 |
2,4-Dinitrophenol |
51-28-5 |
SW846
- 8000 series |
25.0 |
|
74 |
2,4-Dinitrotoluene |
121-14-2 |
SW846
- 8000 series |
2.5 |
|
75 |
2,6-Dinitrotoluene |
606-20-2 |
SW846
- 8000 series |
2.5 |
|
76 |
2-Chloronaphthalene |
91-59-7 |
SW846
- 8000 series |
2.5 |
|
77 |
2-Chlorophenol |
95-97-8 |
SW846
- 8000 series |
2.5 |
|
78 |
2-Methylnaphthalene |
91-57-6 |
SW846
- 8000 series |
2.5 |
|
79 |
2-Methylphenol
(o-Cresol) |
95-48-7 |
SW846
- 8000 series |
5.0 |
|
80 |
2-Nitroaniline |
88-74-4 |
SW846
- 8000 series |
5.0 |
|
81 |
2-Nitrophenol |
88-75-5 |
SW846
- 8000 series |
5.0 |
|
82 |
3,3'-Dichlorobenzidine |
91-94-1 |
SW846
- 8000 series |
10.0 |
|
83 |
3-Nitroaniline |
99-09-2 |
SW846
- 8000 series |
5.0 |
|
84 |
3&4-Methylphenol
(m&p-Cresol) |
106-44-5 |
SW846
- 8000 series |
5.0 |
|
85 |
4,6-Dinitro-2-methylphenol |
534-52-1 |
SW846
- 8000 series |
20.0 |
|
86 |
4-Bromophenyl
phenylether |
85-68-7 |
SW846
- 8000 series |
10 |
|
87 |
4-Chloro-3-methylphenol |
59-50-7 |
SW846
- 8000 series |
10 |
|
88 |
4-Chloroaniline |
106-47-8 |
SW846
- 8000 series |
2.5 |
|
89 |
4-Chlorophenyl
phenylether |
7005-72-3 |
SW846
- 8000 series |
10 |
|
90 |
4-Nitroaniline |
100-01-6 |
SW846
- 8000 series |
5.0 |
|
91 |
4-Nitrophenol |
100-02-7 |
SW846
- 8000 series |
12 |
|
92 |
Acenaphthene |
83-32-9 |
SW846
- 8000 series |
5.0 |
|
93 |
Acenaphthylene |
208-96-8 |
SW846
- 8000 series |
5.0 |
|
94 |
Anthracene |
120-12-7 |
SW846
- 8000 series |
5.0 |
|
95 |
Benzidine |
92-87-5 |
SW846
- 8000 series |
25.0 |
|
96 |
Benzo (a) anthracene |
56-55-3 |
SW846
- 8000 series |
2.5 |
|
97 |
Benzo (a) pyrene |
50-32-8 |
SW846
- 8000 series |
2.5 |
|
98 |
Benzo (b) fluoranthene |
205-99-2 |
SW846
- 8000 series |
2.5 |
|
99 |
Benzo (g,h,i) perylene |
191-24-2 |
SW846
- 8000 series |
2.5 |
|
100 |
Benzo (k) fluoranthene |
207-08-9 |
SW846
- 8000 series |
2.5 |
|
101 |
Bis (2-chloroethoxy) methane |
111-91-1 |
SW846
- 8000 series |
5.0 |
|
102 |
Bis (2-chloroethyl) ether |
111-44-4 |
SW846
- 8000 series |
2.5 |
|
103 |
Bis (2-chloroisopropyl) ether |
39638-32-9 |
SW846
- 8000 series |
2.0 |
|
104 |
Bis (2-ethylhexyl) phthalate |
117-81-7 |
SW846
- 8000 series |
5.0 |
|
105 |
Butyl
Benzyl phthalate |
85-68-7 |
SW846
- 8000 series |
5.0 |
|
106 |
Carbazole |
86-74-8 |
SW846
- 8000 series |
2.5 |
|
107
|
Chrysene |
218-01-9 |
SW846
- 8000 series |
2.5 |
|
108 |
Di-n-butyl
phthalate |
84-74-2 |
SW846
- 8000 series |
5.0 |
|
109 |
Di-n-octyl phthalate |
117-84-0 |
SW846
- 8000 series |
5.0 |
|
110 |
Dibenzo (a,h) anthracene |
53-70-3 |
SW846
- 8000 series |
2.5 |
|
111 |
Dibenzofuran |
132-64-9 |
SW846
- 8000 series |
2.5 |
|
112 |
Diethyl
phthalate |
84-66-2 |
SW846
- 8000 series |
5.0 |
|
113 |
Dimethyl
phthalate |
131-11-3 |
SW846
- 8000 series |
5.0 |
|
114 |
Fluoranthene |
206-44-0 |
SW846
- 8000 series |
2.5 |
|
115 |
Fluorene |
86-73-7 |
SW846
- 8000 series |
2.5 |
|
116
|
Hexachlorobenzene |
118-74-1 |
SW846
- 8000 series |
2.5 |
|
117 |
Hexachlorocyclopentadiene |
77-47-4 |
SW846
- 8000 series |
5.0 |
|
118 |
Hexachloroethane |
67-72-1 |
SW846
- 8000 series |
2.5 |
|
119 |
Indeno (1,2,3-cd) pyrene |
193-39-5 |
SW846
- 8000 series |
2.5 |
|
120 |
Isophorone |
78-59-1 |
SW846
- 8000 series |
2.5 |
|
121 |
N-Nitroso-di-n-propylamine |
621-64-7 |
SW846
- 8000 series |
2.5 |
|
122 |
N-Nitrosodimethylamine |
62-75-9 |
SW846
- 8000 series |
5.0 |
|
123 |
N-Nitrosodiphenylamine |
86-30-6 |
SW846
- 8000 series |
2.5 |
|
124 |
Nitrobenzene |
98-95-3 |
SW846
- 8000 series |
2.5 |
|
125 |
Pentachlorophenol |
87-86-5 |
SW846
- 8000 series |
5.0 |
|
126 |
Phenanthrene |
85-01-8 |
SW846
- 8000 series |
2.5 |
|
127 |
Phenol |
108-95-2 |
SW846
- 8000 series |
5.0 |
|
128 |
Pyrene |
129-00-0 |
SW846
- 8000 series |
2.5 |
|
Section
C. Metals |
|||||
129 |
Total
Arsenic |
7440-38-2 |
SW846 6000/7000 series |
10 |
|
130 |
Total
Cadmium |
7440-43-9 |
SW846 6000/7000 series |
1.0 |
|
131 |
Total
Chromium |
16065-83-1 |
SW846 6000/7000 series |
10 |
|
132 |
Total
Copper |
7440-50-8 |
SW846 6000/7000 series |
10 |
|
133 |
Total
Lead |
7439-92-1 |
SW846 6000/7000 series |
11 |
|
134 |
Total
Mercury |
7439-97-6 |
SW846
7000 series |
0.05 |
|
135 |
Total
Molybdenum |
7439-98-7 |
SW846 6000/7000 series |
10 |
|
136 |
Total
Nickel |
7440-02-0 |
SW846 6000/7000 series |
10 |
|
137 |
Total
Selenium |
7782-49-2 |
SW846 6000/7000 series |
18 |
|
138 |
Total
Zinc |
7440-66-6 |
SW846 6000/7000 series |
10 |
|
139 |
Total
Antimony |
7440-36-0 |
SW846 6000/7000 series |
8.0 |
|
140 |
Total
Beryllium |
7440-41-7 |
SW846 6000/7000 series |
0.1 |
|
141 |
Total
Silver |
7440-22-4 |
SW846 6000/7000 series |
4.0 |
|
142 |
Total
Thallium |
7440-28-0 |
SW846 6000/7000 series |
10 |
|
Section
D. Polychlorinated Biphenyls |
|||||
143 |
PCB-1242 |
53469-21-9 |
SW846
- 8000 series |
0.7 |
|
144 |
PCB-1254 |
11097-69-1 |
SW846
- 8000 series |
0.7 |
|
145 |
PCB-1221 |
11104-28-2 |
SW846
- 8000 series |
0.7 |
|
146 |
PCB-1232 |
11141-16-5 |
SW846
- 8000 series |
0.7 |
|
147 |
PCB-1248 |
12672-29-6 |
SW846
- 8000 series |
0.7 |
|
148 |
PCB-1260 |
11096-82-5 |
SW846
- 8000 series |
0.7 |
|
149 |
PCB-1016 |
12674-11-2 |
SW846
- 8000 series |
0.7 |
|
Section
E. Additional Analyses |
|||||
150 |
pH |
not applicable (na) |
SM-4500-H |
na |
|
151 |
Percent
solids |
na |
SM-2540
G |
na |
|
152 |
nitrate-nitrite |
14797-55-8 14797-65-0 |
SM-4500-NO3 SW846
- 9210 EPA
353 -3000 series |
30 |
|
153 |
Total
Kjeldalh nitrogen |
na |
SM-4500-Norg EPA-351.3 |
300 |
|
154 |
ammonia
nitrogen |
na |
SM-4500-NH3 EPA-350 |
30 |
|
155 |
Total
organic nitrogen |
na |
calculation |
na |
|
156 |
potassium |
na |
SM-3500-K SW846
6000/7000 series |
15 |
|
157 |
phosphorus |
na |
SM-4500-P EPA-365 |
15 |
|
Section
F. Dioxins |
|||||
158 |
Total
Toxic Equivalent, |
1746-01-6 |
EPA
1613 |
5 ppt TEQ |
|
Section
G. Enteric Virus |
|||||
159 |
Enteric
Virus |
na |
ASTM
D4994-89 (2002) |
1
PFU/ 4 grams |
|
(d)
The following shall apply to Table 809-2:
(1) Subject to (2) and (3), below, the detection
limit for all the analyses shall be at or below the detection limits specific
in Table 809-2;
(2) If the percent solids in a sludge is below 5%,
the results shall be reported in mg/L and the detection limits shall be
appropriate to the methodology specified in Table 809-2 for a water matrix; and
(3) If the detection limit specified in Table
809-2 cannot be achieved by the methodology listed, the department shall accept
the detection limits that are routinely achievable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.07 Post-Certification Testing
Required For QC Sludge.
(a)
The sludge quality certification holder shall analyze the QC sludge from
its generating facility at the frequencies specified in Table 809-3, below, for
the parameters listed in Table 809-2, section E, and for the metals in Table
809-2, section C, except for antimony, beryllium, silver, and thallium, in
accordance with the analytical methods and detection limits specified:
Table
809-3: Frequency of Testing - Land Application
Quantity
of Sludge (dry tons) |
Frequency |
0
- 320 |
Once
per 180 days |
320
- 1600 |
Once
per quarter |
1600
- 16,000 |
Once
per 60 days |
more
than 16,000 |
Once
per month |
(b)
For the purposes of Table 809-3, above, “quantity of sludge” means the total
quantity of all sludge generated in a calendar year.
(c)
Each year, the sludge quality certification holder shall analyze sludge
from its generating facility for the constituents identified in Table 809-2,
sections A, B, D, and F, together with antimony, beryllium, silver, and
thallium from section C, using the analytical methods and detection limits
specified in the table.
(d)
Generators of class B biosolids proposing to maintain
certification of the biosolids for reclamation uses also shall
test for enteric viruses as specified in Table 809-2, section G.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.08 Additional Testing Required.
(a)
The
department shall require additional testing when results of testing
conducted by the sludge quality certification holder, site permit holder, or
the department show that the requirements in Env-Wq 809.03 have not been met.
(b)
If additional testing is required under (a), above, the sludge quality
certification holder and all site operators who apply the sludge shall cease land
application of sludge until the additional testing, performed in accordance
with (c), below, demonstrates that the sludge is acceptable for land application
according to the standards of Env-Wq 809.03.
(c)
The following additional testing shall be done in accordance with the
analytical procedures specified in Table 809-2:
(1) Collect and analyze representative samples of
sludge from each stockpile at each site that contains the generator’s sludge
for the constituent(s) of concern and submit results to the department for
review and approval prior to resuming land application;
(2) Increase the frequency of testing at the
generator’s facility for the compound(s) of concern to weekly, and continue the weekly
sampling until 4 successive weeks show that the concentration of the
constituent(s) of concern meets the standards in Env-Wq 809.03; and
(3) After complying with (2), above, resume land
application and increase sampling frequency specified in Env-Wq 809.07 to
monthly for the constituent(s) of concern for 6 months.
(d)
Subject to (e), below, the department shall remove a constituent from
the requirement to be tested annually if it determines, based on all available
information, that the constituent is not present in the sludge and is unlikely to
be present in the future.
(e)
The constituent removed pursuant to (d), above, shall be reinstated to
the annual testing regime if:
(1) Any source of wastewater that has the
potential to discharge the contaminant is connected to the generating facility;
or
(2) Any source of wastewater that is connected to
the generating facility changes it processes such that the contaminant may be
discharged.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 809.09 Recordkeeping and Reporting.
(a)
Each sludge quality certification holder shall maintain records
containing the following information:
(1) The name and physical address of the facility
that generated the QC sludge;
(2) The name and telephone number of the operator of
the facility;
(3) The sludge quality certificate number;
(4) The quantity of QC sludge generated, in wet
and dry tons;
(5) The results of all testing, including
laboratory results, required by the department during the previous year,
including laboratory results presented categorically as required in Env-Wq
809.01(h)(3);
(6) For permitted land application sites, the
name, location, and amount, in wet and dry tons, where the QC sludge was
delivered;
(7) For each delivery of 50 cubic yards or more
of uncomposted class A biosolids
and mixtures containing class A biosolids and for
deliveries where the combined delivered amount is 50 cubic yards or more, the
name of the recipient, location where the material was delivered, and the
amount delivered; and
(8) For each delivery of 50 cubic yards or more
of composted class A biosolids
and mixtures containing class A biosolids and for deliveries
where the combined delivered amount is 50 cubic yards or more, the name of the
recipient, location where the material was delivered, and the amount delivered.
(b)
Each sludge quality certification holder shall submit an annual report
to the department by the last business day of January following the issuance of
the certificate that contains:
(1) The information required by (a)(1) through (6), above;
(2) Each municipality to which a delivery of 50
cubic yards or more of uncomposted class A biosolids and mixtures containing class A biosolids was made; and
(3) The proposed updated label as required under
Env-Wq 810.02, if applicable.
(c)
If the department receives information indicating that sludge or a
sludge mixture is being used at a location that has not been reported pursuant
to (b), above, the department shall request each sludge quality certificate
holder to provide information about where 50 cubic yards or more of composted
materials have been delivered.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
PART
Env-Wq 810 LAND APPLICATION AND
MANAGEMENT RESTRICTIONS
Env-Wq 810.01 Land Application of Class A Biosolids.
(a)
Each
person who land applies class A biosolids
shall comply with the following:
(1) If the biosolids
are not certified as low metals under Env-Wq 809.03, the application rate shall
not exceed the annual application limits stated on the label required under
Env-Wq 810.02;
(2) Biosolids shall not
be stockpiled or applied within 35 feet of surface water;
(3) Biosolids shall not
be stockpiled within 250 feet of the normal high water mark of a designated
river; and
(4) Land application of biosolids
within a designated river corridor shall comply with the requirements relative
to set-backs and immediate incorporation into the soil specified in RSA 483:9,
VI(c), RSA 483:9-a, VII(d), RSA 483:9-aa, VII(b), or RSA 483:9-b, VII(b), as
applicable.
(b)
In addition to (a), above, each person who land applies class A
biosolids on a contiguous area of more than 5 acres
shall:
(1) Obtain and follow the nutrient recommendation
from UNH cooperative extension, USDA, NH department of agriculture, NRCS, or a
certified crop advisor; and
(2) Maintain biosolids
stockpiles to minimize the amount of water running on, off, or through the
stockpile.
(c)
For class A biosolids
not used for reclamation, land application rates shall not exceed 200 pounds of
nitrogen per acre unless recommended by a certified crop advisor.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 810.02 Label Requirements for Class
A Biosolids.
(a)
The generator of class A biosolids
shall submit a proposed label to the department with the application for a
sludge quality certification and annually with the annual report required under
Env-Wq 809.09.
(b)
The proposed label shall include the following:
(1) The name, address, and telephone number of
the generator;
(2) A brief description of the product, including
the process employed to treat or stabilize the biosolids;
(3) Recommended uses and appropriate application
rates;
(4) Average nutrient analysis of the final biosolids product for nitrogen, phosphorus, and
potassium based upon the analytical results required under Env-Wq 809.03(c)
from the previous year;
(5) Average metals concentration for the 10
metals listed in Env-Wq 809.03(c) based upon the analytical results required
under Env-Wq 809.07(a) from the previous year;
(6) A statement detailing the requirements set
forth in Env-Wq 810.01; and
(7) The following statement:
(8) “Any use of biosolids
contrary to label recommendations is a violation of NH law.”
(c)
The department shall approve the label if it determines that the
information in the proposed label is complete and correct.
(d)
Within 30 days of receipt of the label, the department shall notify the
generator in writing of its approval or disapproval of the label. If the department does not approve the label,
the written notification shall specify the reason(s) for the decision.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 810.03 Recordkeeping and Reporting
for Class A Biosolids. Each generator of class A biosolids
or mixtures containing class A biosolids shall record
the information required by Env-Wq 809.09(a)(7) and (8).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 810.04 Land Application and Management
Restrictions for Other Than Class A Biosolids. QC sludge that is not class A biosolids shall be subject to
the following restrictions:
(a)
Subject to (b), below, water treatment sludge shall be land applied only
as a mineral component in a mixture of sludge or other organic residuals;
(b)
Unmixed water treatment residuals shall not be applied to agricultural
land unless allowed by a permit obtained pursuant to this chapter;
(c)
The following QC sludge shall be land applied only at a site permitted
pursuant to Env-Wq 806:
(1) Any QC sludge that contains class B biosolids;
(2) Any QC sludge
used for reclamation that is applied at rates exceeding 1,500 pounds of
nitrogen per acre or that does not have a carbon-to-nitrogen ratio between 30:1
and 40:1; and
(3) Short paper fiber; and
(d)
For short paper fiber not used for reclamation, land application rates
shall not increase soil organic matter by more than 2% in any year. An annual application rate of 35 dry tons of
short paper fiber per acre or less shall be presumed to meet this requirement.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 810.05 Permit-By-Rule/Notification
for Unmixed Water Treatment Residuals.
RESERVED
PART
Env-Wq 811 WAIVERS
AND EQUIVALENCY DETERMINATIONS
Env-Wq 811.01 Applicability. The purpose of the rules in this part is to
establish procedures and criteria for:
(a)
Requesting waivers in situations where strict compliance with all rules
is not necessary to protect human health and safety and the environment or
would interfere with studies designed to investigate alternatives to current
requirements; and
(b)
Requesting approval of alternate methods to those specified in the rules
in situations where new methods have been developed or other methods might
apply more appropriately in a particular situation.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 811.02 Submittal of Request for
Waiver or Equivalency Determination.
(a)
The person seeking a waiver or equivalency determination shall submit the request
in writing to the department.
(b)
The request
for a
waiver or equivalency determination shall include the following information:
(1) The name, address, and telephone number of
the person requesting the waiver or equivalency determination;
(2) If applicable, the number and name of the
permit or certification holder of the permit or sludge quality certification to
which the waiver or equivalency determination request relates;
(3)
A specific reference to the section of the rule for which a waiver or
equivalency determination is being sought;
(4) For waiver requests, the additional
information specified in (c), below; and
(5) For equivalency determinations, the
additional information specified in (d), below.
(c)
The person submitting a waiver request shall also include the following
information:
(1) An explanation of why the waiver is being
requested, including a description of the operational and economic consequences
of complying with the rule as written;
(2) An explanation of the alternative(s), if any,
that will be implemented in lieu of the requirement for which the waiver is
sought, with supporting data;
(3) If the reason for the request is to allow
investigation of alternatives to current requirements, the following:
a. A
proposal for where and how the research will be conducted;
b. The
name, mailing or email address, and qualifications of each individual who will be
conducting the research; and
c. The
source of funds for the research; and
(4) A full explanation of how granting the waiver
and approving the proposed alternatives, if any, would meet the applicable
criteria stated in Env-Wq 811.03.
(d)
The person submitting a request for an equivalency determination shall
also include the following information:
(1) An explanation of the alternative method
proposed by the requestor, including supporting data demonstrating that the
method provides comparable results in terms of accuracy and precision to the
method specified in the rules; and
(2) An explanation of why allowing the
alternative method to be used will provide at least the same degree of
protection to human health and safety and the environment.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 811.03 Waiver Criteria.
(a)
Subject to (b), below, the department shall approve a request for a
waiver that is not being requested to accommodate research of alternatives to
current requirements if it finds that granting the waiver will, with the
implementation of any proposed alternatives, be:
(1) At least equivalent to the requirements
specified in Env-Wq 800;
(2) Adequate to ensure that the provisions of RSA
485-A and RSA 485-C are met;
(3) As protective of human health and safety and
the environment as compliance with the rule that is being waived; and
(4) Consistent with the intent of applicable
statutes and rules.
(b)
The department shall approve a request for a waiver that is being
requested to accommodate research of alternatives to current requirements if it
finds that:
(1)
The proposed research plan includes establishing relevant background conditions
and monitoring during the study to ensure protection of public health and the
environment;
(2) The individual(s) who will be conducting the
research are qualified by reason of education and experience;
(3) The requested waiver is necessary to allow
the research to proceed; and
(4) The research will not pose an unreasonable
threat to the environment or public health.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 811.04 Equivalency Determination
Criteria. The department shall approve
a method as equivalent to a specified method if it finds that the method:
(a)
Provides comparable results in terms of accuracy and precision to the
method specified in the rules; and
(b)
Provides at least the same degree of protection to human health and
safety and the environment as the method specified in the rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Env-Wq 811.05 Decision. The department shall issue a written response
to a request for a waiver or equivalency determination within 90 days of
receipt of the request. If the request
is denied, the response shall specify the reason(s) for the decision.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Wq 800) #10998, eff
1-1-16
Appendix A: Statutes
Implemented
Rule |
Statute |
Env-Wq 800
(see also specific part listed below) |
RSA 485-A:4,
XVI-b |
Env-Wq 811 |
RSA 541-A:22,
IV |
Appendix B:
Incorporated References
Rule (Env-Wq) |
Reference |
Obtain From
(Cost) |
806.01(c)(9) |
Site-Specific
Soil Mapping Standards for New Hampshire and Vermont, Special Publication No.
3, February 2011 |
Society of
Soil Scientists of Northern New England No cost to
download from: |
806.07(h)(3) |
Best
Management Practices: Biosolids, July 2014 |
UNH
Cooperative Extension No cost to
download from: https://extension.unh.edu/resources/files/Resource005011_Rep7148.pdf
|
|
|
New England Interstate
Water Pollution Control Commission (NEIWPCC) Wannalancit Mills 650 Suffolk
Street, Suite 410 Lowell, MA
01854 (978) 323-7929 |
809.05(d) |
“The Wastewater
Treatment Plant Operators Guide to Biosolids
Sampling Plans”, September 2006 |
No cost to
download from: http://click.neiwpcc.org/neiwpcc_docs/biosampleguide/biosampleguide_web.pdf |
807.08(a) |
TR-16, “Guides
for the Design of Wastewater Treatment Works”, 2011 |
$95.00
(hardcopy) $25 (CD) |
Appendix C: Statutory Definitions
RSA 485-A:2:
IX. “Person” means any municipality,
governmental subdivision, public or private corporation, individual,
partnership, or other entity.
XI-a.
“Sludge” means the solid or semisolid material produced by water and wastewater
treatment processes, excluding domestic septage;
provided, however, sludge which is disposed of at solid waste facilities
permitted by the department shall be considered solid waste and regulated under
RSA 149-M.
XIV. “Surface waters of the state”
means perennial and seasonal streams, lakes, ponds, and tidal waters within the
jurisdiction of the state, including all streams, lakes, or ponds bordering on
the state, marshes, water courses, and other bodies of water, natural or
artificial.
XVI-a.
“Wastewater treatment plant” means the treatment facility or group of treatment
devices which treats domestic or combined domestic and industrial wastewater
through alteration, alone or in combination, of the physical, chemical, or
bacteriological quality of the wastewater and which dewaters and handles sludge
removed from the wastewater.
XXII. “Biosolids”
means any sludge derived from a sewage wastewater treatment facility that meets
the standards for beneficial reuse specified by the department.
XXIII. “Short paper fiber” means any
sludge derived from a pulp or paper mill wastewater treatment facility that
meets the standards for beneficial reuse specified by the department.
RSA 483:4:
VIII. “Designated river” means that
portion of a river which has been specifically designated by the general court
pursuant to RSA 483:15.
XVIII. “River corridor” means the
river and the land area located within a distance of 1,320 feet of the normal
high water mark or to the landward extent of the 100 year floodplain as
designated by the Federal Emergency Management Agency, whichever distance is
larger.