LAC 33:IX.7301. General Provisions [Formerly §6901]

A. Purpose and Applicability 1. Purpose a. This Chapter establishes standards for the use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works and of domestic septage (hereafter referred to collectively as sewage sludge for the purposes of this Chapter), biosolids, and grease that was pumped or removed from a food service facility and mixed with sewage sludge. b. The standards established in this Chapter include: i. general requirements and other requirements for bulk biosolids, general management practices and other management practices for bulk biosolids, pollutant limits, pathogen and vector attraction reduction requirements, and operational standards; ii. sampling and monitoring requirements, recordkeeping and reporting requirements, specific exclusions, and prohibitions and restrictions regarding the use and disposal of sewage sludge and biosolids; iii. the siting, and operation requirements for commercial preparers of sewage sludge or land appliers of biosolids; and iv. requirements and standards for transporters and vehicles utilized for the transporting of sewage sludge. c. This Chapter establishes requirements for the person who prepares sewage sludge that is disposed in a landfill. d. In addition, this Chapter contains specific prohibitions and restrictions regarding the use and disposal of sewage sludge and biosolids. 2. Applicability a. This Chapter applies to any person who: i. prepares sewage sludge or biosolids, including the dewatering and solidification of sewage sludge; ii. applies biosolids to the land; iii. prepares sewage sludge, including the dewatering and solidification of sewage sludge, that is disposed in a landfill; iv. owns/operates a surface disposal site; and v. owns/operates a sewage sludge incinerator. b. This Chapter also applies to: i. biosolids that are applied to the land and sewage sludge that is disposed at a surface disposal site or at a landfill; ii. sewage sludge fired in a sewage sludge incinerator, a sewage sludge incinerator and the exit gas from a sewage sludge incinerator, land where biosolids are applied, and a surface disposal site; and iii. grease that is pumped or removed from a food service facility and is mixed with sewage sludge. B. General Definitions 1. The following terms used in this Chapter shall have the meanings listed below, unless the context clearly indicates otherwise, or the term is specifically redefined in a particular Section. Administrative Authority―the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee. Air Operations Area―any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. Air operations areas include paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft, in addition to its associated runways, taxiways, or aprons. Apply Biosolids or Biosolids Applied to the Land―land application of biosolids. Base Flood―a flood that has a 1 percent chance of occurring in any given year (i.e., a flood with a magnitude equaled once in 100 years). Beneficial Use―the use of biosolids for the purpose of soil conditioning or crop or vegetative fertilization in a manner that does not pose a danger of adverse effects upon human health or the environment or cause any deterioration of land surfaces, soils, surface waters, or groundwater. Biosolids―sewage sludge, or material derived from sewage sludge, that is nonhazardous, has a PCB concentration of less than 50 mg/kg of total solids (dry weight), and is prepared to meet one of the pollutant requirements of LAC 33:IX.7303.C.2.a or E.1.c, one of the pathogen requirements in LAC 33:IX.7309.C, and one of the vector attraction reduction requirements in LAC 33:IX.7309.E. Bulk Biosolids―biosolids that are not sold or given away in a bag or other container for application to the land. Class B Biosolids― biosolids that do not meet one or more of the following requirements: i. the pollutant concentrations in Table 3 of LAC 33:IX.7303.F; ii. the pathogen requirements in LAC 33:IX.7309.C.1; iii. one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e; and/or iv. a PCB concentration of less than 10 mg/kg of total solids (dry weight basis). Class I Sludge Management Facility―for the purposes of this Chapter: a. any publicly owned treatment works (POTW) or privately owned sanitary wastewater treatment facility (POSWTF), as defined in this Subsection, regardless of its ownership, that is used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage; b. any person who prepares sewage sludge or biosolids, including a commercial preparer of sewage sludge and pumper of sewage sludge who prepares sewage sludge or biosolids; c. an owner/operator of a sewage sludge incinerator; and d. an applier of biosolids to the land, including a commercial land applier of biosolids. Commercial Land Applier of Biosolids―any person who applies biosolids to the land for monetary profit or other financial consideration and the biosolids were obtained from a facility or facilities not owned by or associated with the person. Commercial Preparer of Sewage Sludge—any person who prepares sewage sludge for monetary profit or other financial consideration and either the person is not the generator of the sewage sludge or the sewage sludge was obtained from a facility or facilities not owned by or associated with the person. Commercial preparer of sewage sludge includes a pumper of sewage sludge that prepares sewage sludge received from other pumpers of sewage sludge and/or a pumper of sewage sludge that prepares sewage sludge received from his pumping/hauling operation. Commercial preparer of sewage sludge does not include a publicly owned treatment works or a privately owned sanitary wastewater treatment facility which does not receive hauled sewage sludge. Container―any stationary or portable device in which sewage sludge or biosolids are stored or transported. Contaminate an Aquifer―to introduce a substance that causes the maximum contaminant level for nitrate in 40 CFR 141.62(b) to be exceeded in the groundwater, or that causes the existing concentration of nitrate in groundwater to increase when the existing concentration exceeds the maximum contaminant level for nitrate in 40 CFR 141.62(b). Cover Crop―a small grain crop, such as oats, wheat, or barley, not grown for harvest. Domestic Septage―liquid or solid material removed from a septic tank, holding tank or similar device, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, holding tank or similar device, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater, and does not include grease removed from a grease trap at a food service facility, as defined in this Subsection. Domestic Sewage―waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works. Dry Weight Basis―calculated on the basis of having been dried at 105°C until reaching a constant mass (i.e., essentially 100 percent solids content). Exceptional Quality Biosolids―biosolids that are nonhazardous and meet the ceiling concentrations in Table 1 of LAC 33:IX.7303.F, the pollutant concentrations in Table 3 of LAC 33:IX.7303.F, the pathogen requirements in LAC 33:IX.7309.C.1, and one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e, and that have a PCB concentration of less than 10 mg/kg of total solids (dry weight). Feed Crop―a crop produced primarily for consumption by animals. Feedstock―primarily biologically decomposable organic material that is blended, mixed, or composted with sewage sludge. Fiber Crops―crops such as flax and cotton. Food Crops―crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco. Food Service Facility―any facility that prepares and/or packages food or beverages for sale or consumption, on- or off-site, with the exception of private residences. Food service facilities include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, and other similar facilities. Free Air Space, n―air-filled pore volume of an as-received compost material. Express free air space as a percentage, volume of free air space per unit volume of compost (% v v, ±0.1 %). Grease―a material, either liquid or solid, composed primarily of fat, oil, or grease from animal or vegetable sources. The terms fats, oils, and grease; oil and grease; and oil and grease substances shall all be included within this definition. Groundwater―water below the land surface in the saturated zone. Industrial Park―an area that is legally zoned for the purpose of the construction and operation of a group of industries and businesses and entered as legally zoned for such purpose in the public records of the state, parish, city, town, or community where the park is located. Industrial Wastewater―wastewater generated in a commercial or industrial process. Institution―the building or buildings that are utilized to house an established organization or foundation, especially one dedicated to public service or to culture. An institution includes, but is not limited to, an established school, hospital, business, day-care facility, nursing home, hotel/motel, playground, park, golf course, place of worship, or restaurant/food establishment. Land Application―the beneficial use of biosolids by either spraying or spreading onto the land surface, injection below the land surface, or incorporation into the soil. Material Derived from Sewage Sludge―biosolids that are produced when sewage sludge is prepared with other solid waste materials, feedstocks, supplements, and industrial sludges that are approved to be prepared with sewage sludge under these regulations. Other Container―an open or closed receptacle, including, but not limited to, a bucket, a box, a carton, and a vehicle or trailer with a load capacity of 1 metric ton or less. Owner or Operator―the owner or operator of any facility or activity subject to these regulations. Permitting Authority―EPA or a state with an EPA-approved sludge management program. Person―any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof, or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. Person Who Prepares Sewage Sludge―the person who generates sewage sludge during the treatment of domestic sewage in a treatment works, the person who treats sewage sludge, or the person who derives a material from sewage sludge. Pollutant―an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the administrative authority, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either the affected organism or offspring of the organism. Pollutant Limit―a numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre). Private Land Applier―anyone who applies biosolids to the land for private benefit purposes, where the land application is not for monetary profit or other financial consideration, and either the applier did not generate or prepare the sewage sludge or material derived from sewage sludge, or the facility or facilities from which the biosolids were obtained are not owned by or associated with the private land applier. Privately Owned Sanitary Wastewater Treatment Facility (POSWTF)―a privately owned treatment works that is utilized to treat sanitary wastewater and is not a publicly owned treatment works (POTW), as defined in this Subsection. Publicly Owned Treatment Works (POTW)―a treatment works, as defined by Section 212 of the Clean Water Act, that is owned by a state or municipality, as defined by Section 502(3) and (4) of the Clean Water Act. This includes all devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW; and the municipality, as defined by Section 502(4) of the Clean Water Act, that has jurisdiction over the indirect discharges to and the discharges from such a treatment works. Pumper of Sewage Sludge―a person who removes sludge from a sanitary wastewater treatment facility; domestic septage from a residential septic tank, mechanical treatment plant, or dump station for recreational vehicles and watercrafts or vessels; residuals from a portable toilet; or grease from a food service facility that is mixed with sewage sludge. Qualified Groundwater Scientist―an individual with a baccalaureate or post-graduate degree in the natural sciences or engineering, who has sufficient training and experience in groundwater hydrology, subsurface geology, and/or a related field, as may be demonstrated by state registration, professional certification, or completion of accredited university programs, to make sound professional judgments regarding groundwater monitoring, pollutant fate and transport, and corrective action. Responsible Official―a person who meets any of the following criteria: a. for a corporation―a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities; b. for a partnership or sole proprietorship―a general partner or the proprietor, respectively; or c. for a municipality or a state, federal, or other public agency―either a principal executive officer or ranking elected official. For the purposes of this Subpart, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency. Runoff―rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface. Sewage Sludge―any solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, domestic septage, portable toilet pumpings, type III marine sanitation device pumpings (33 CFR Part 159), and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge. Sewage Sludge Generator—any person whose act or process produces sewage sludge (as defined in this Section). Sewage Sludge Receiving Facility—any facility, public or private, that receives hauled sewage sludge from an authorized sewage sludge transporter. Sewage Sludge Transporter—a person who pumps or moves sewage sludge off-site by means of land-based vehicles, barges, ships, rails, pipelines, or other modes of transportation. For oxidation ponds/lagoons/surface impoundments, this includes the removal of the sewage sludge from the oxidation ponds/lagoons/surface impoundments to the levees surrounding the oxidation ponds/lagoons/surface impoundments. Sludge-Only Facility―any facility whose methods of sewage sludge use or disposal are subject to regulations promulgated in accordance with Section 405(d) of the Clean Water Act, and that is required to obtain a permit under Subsection D of this Section. Storage Facility―an area of land or constructed facility committed to hold sewage sludge or biosolids until the material may be used or disposed at on- or off-site locations. Storage of Sewage Sludge or Biosolids―the temporary placement of sewage sludge or biosolids in a container, storage facility, tank, or directly on the land. Storage of sewage sludge or biosolids does not pertain to a container or tank that is utilized for the treatment of sewage sludge, as defined in this Subsection. Supplements―materials blended, composted, or mixed with sewage sludge or other feedstock and sewage sludge in order to raise the moisture level and/or adjust the carbon-to-nitrogen ratio, and materials added during composting or to compost to provide attributes required by customers for certain compost products. Surface Disposal—a use or disposal of sewage sludge on the land that does not meet the criteria of land application, as defined in this Subsection. Surface disposal does not include the disposal of sewage sludge in a landfill permitted to receive sewage sludge. Tank―a stationary device designed to contain an accumulation of sewage sludge or biosolids that is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic), which provide structural support. Treatment of Sewage Sludge―the preparation of sewage sludge for final use or disposal. This includes, but is not limited to, blending, mixing, composting, thickening, stabilization, and dewatering and solidification of sewage sludge. This does not include storage of sewage sludge. Treatment Works―a federally owned, publicly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. TSCA―Toxic Substances Control Act. C. Compliance Period 1. Compliance with Standards. Except as otherwise specified in this Chapter and in Paragraph C.3 of this Section, compliance with the standards in this Chapter shall be achieved as expeditiously as practicable, but in no case later than February 19, 1994. When compliance with the standards requires construction of new pollution control facilities, compliance with the standards shall be achieved as expeditiously as practicable, but in no case later than February 19, 1995. 2. Frequency of Monitoring, Recordkeeping, and Reporting. The requirements for frequency of monitoring, recordkeeping, and reporting in this Chapter for total hydrocarbons in the exit gas from a sewage sludge incinerator are effective February 19, 1994, or if compliance with the operational standard for total hydrocarbons in this Chapter requires the construction of new pollution control facilities, February 19, 1995. All other requirements for frequency of monitoring recordkeeping, and reporting in this Chapter are effective on July 20, 1993. 3. Compliance with Requirements a. Unless otherwise specified in LAC 33:IX.7311, compliance with the requirements in LAC 33:IX.7311.B, LAC 33:IX.7311.D.3, 4, and 5, F.5, 6, 7, 8.d, and 10, G.1.a and c, G.3, and H.2.e shall be achieved as expeditiously as practicable, but in no case later than September 5, 2000. When new pollution control facilities must be constructed to comply with the revised requirements in LAC 33:IX.7311, compliance with the revised requirements shall be achieved as expeditiously as practicable, but no later than September 4, 2001. b. Compliance with the requirements in Paragraphs I.2-4 of this Section shall be achieved as follows. i. A facility presently meeting all of the requirements for surface disposal in 40 CFR 503, Subpart C, shall comply with the requirements in Paragraph I.2 of this Section as expeditiously as practicable, but in no case later than September 1, 2007. ii. A facility that does not meet all of the requirements for surface disposal in 40 CFR 503, Subpart C, shall comply with the requirements in Paragraph I.2 of this Section by December 30, 2005. iii. All facilities shall comply with the requirements in Paragraphs I.3 and 4 of this Section as expeditiously as practicable, but in no case later than September 1, 2007. D. Permits and Permitting Requirements 1. Except as exempted in Paragraph D.2 of this Section, no person shall prepare sewage sludge or biosolids, dispose of sewage sludge in a permitted landfill, apply biosolids to the land, or own or operate a sewage sludge incinerator without first obtaining a permit in accordance with the deadlines set forth in Subparagraphs D.1.a-c of this Section. The permit shall identify and regulate the specific use or disposal practice, the storage, the treatment, and the appropriate transportation requirements of sewage sludge described in the permit application. a. As of December 30, 2005, the following permitting requirements apply. i. Those persons who have been granted an exemption under LAC 33:Part VII for any form of use or disposal of sewage sludge will have 180 days to submit an application for permit coverage under these regulations. ii. Those persons who have been issued a standard solid waste permit under LAC 33:Part VII for the use, disposal, treatment, or processing of sewage sludge, with the exception of a standard solid waste permit issued for a type of surface disposal, as defined in Subsection B of this Section, may continue operations under the standard solid waste permit until such time as a permit has been reissued under these regulations by the administrative authority or for a period not to exceed five years, whichever is less. This time period may be reduced by the administrative authority if deemed necessary for the protection of human health and/or the environment. iii. Those persons who have been issued a standard solid waste permit for a type of surface disposal, as defined in Subsection B of this Section, shall comply with the requirements in Subparagraph C.3.b of this Section. b. As of June 1, 2006, facilities not addressed under Subparagraph D.1.a of this Section shall apply for a permit as follows. i. All sanitary wastewater treatment facilities that receive domestic septage and/or portable toilet waste into their systems shall apply for a permit within 180 days of June 1, 2006. ii. All treatment facilities that are for the sole purpose of preparing sewage sludge or sewage sludge mixed with grease that is pumped or removed from a food service facility shall apply for a permit within 180 days of June 1, 2006. iii. All treatment facilities that prepare sewage sludge for land application, and all land appliers of biosolids who are not presently operating under an effective standard solid waste permit, shall apply for a permit within 180 days of June 1, 2006. c. At least 180 days prior to the expiration of a permit issued under these regulations, the owner/operator of the facility or the land applier shall submit an application for permit issuance under this Chapter if the owner/operator or land applier intends to continue operations after that date. Upon written request, permission for a later date may be granted by the administrative authority. The administrative authority shall not grant permission for applications to be submitted later than the expiration date of the existing permit. d. A person who prepares sewage sludge or land-applies biosolids shall use the appropriate sewage sludge and biosolids use or disposal permit application form. The owner/operator of a sewage sludge incinerator shall apply for a permit in accordance with LAC 33:III.Chapter 5 and shall utilize both the Air Quality Permit Application and the sewage sludge and biosolids use or disposal permit application forms. The forms can be accessed through the department’s website or by contacting the Office of Environmental Services. e. Except as allowed in this Paragraph, all permits issued in accordance with these regulations shall be effective for a period not to exceed five years. The standard five-year permit period may be reduced to a period of less than five years if deemed necessary by the administrative authority for the protection of human health and/or the environment. 2. Obtaining a Sewage Sludge or Biosolids Use or Disposal Permit and Pond Closure Approval a. A person who applies bagged biosolids, as defined in Subsection B of this Section, to the land shall be exempted from obtaining a permit. b. A person who applies bulk biosolids to the land, if the biosolids were obtained from a facility that is permitted to treat sewage sludge to an Exceptional Quality biosolids level, shall be exempted from obtaining a permit. c. The administrative authority may exempt any other person who applies biosolids to the land from the requirement of obtaining a permit, on a case-by-case basis, after determining that human health and the environment will not be adversely affected by the application of biosolids to the land. d. A person that generates a sewage sludge, and does not treat the sewage sludge to be disposed at a landfill or other approved sewage sludge treatment facility, does not incinerate sewage sludge, or does not treat sewage sludge for land application, who complies with the specific requirements of Subsection E of this Section is exempted from obtaining a permit. e. A person that generates sewage sludge, and treats the sewage sludge to be disposed in a landfill or other approved sewage sludge treatment facility, who complies with the specific requirements of Subsection G of this Section is exempted from obtaining a permit. 3. Closure of oxidation ponds, lagoons, and/or surface impoundments utilized for sewage sludge disposal, preparation of sewage sludge, or treatment of sanitary wastewater shall comply with the following. a. The liquid portion shall be removed in a manner that meets the requirements of LAC 33:IX.Chapters 23-71. b. After removal of the liquid, the sewage sludge shall be used or disposed through one of the options in Clause D.3.b.i-v of this Section as follows: i. implementation of a closure plan approved by the administrative authority for the total removal of the sewage sludge and subsequent disposal of the sewage sludge in a permitted landfill. Approval or disapproval of the closure plan shall be rendered by the administrative authority after review of the proposed closure plan submitted by the applicant. The closure plan shall include the following: (a). the name, mailing address, physical address, and contact person of the facility that is proposed for closure; (b). an aerial photograph showing the location of the facility that is proposed for closure; (c). the approximate amount of sewage sludge that will be removed and disposed at a permitted landfill; (d). sampling and analysis for the following parameters: (i). toxicity characteristics leaching procedure (TCLP) and the presence of PCBs; (ii). paint filter liquids test; and (iii). any other parameter required by the chosen permitted landfill; (e). either a schematic drawing or an aerial photograph that indicates where the samples for the parameters in Subclause D.3b.i.(d) of this Section were taken in the facility; (f). the laboratory methods utilized for the sampling and analysis of the parameters in Subclause D.43.b.i.(d) of this Section; (g). the name of the laboratory and LELAP accreditation number where the samples for the parameters in Subclause D.43.b.i.(d) of this Section were analyzed; (h). the name, location, and contact person of the site where the sewage sludge will be disposed; and (i). any other information the department may require. ii. implementation of a closure plan approved by the administrative authority for the total removal of the sewage sludge by an approved sewage sludge transporter. Approval or disapproval of the closure plan shall be rendered by the administrative authority after review of the proposed closure plan submitted by the applicant. The closure plan shall include the following: (a). the name, mailing address, physical address, and contact person of the facility that is proposed for closure; (b). an aerial photograph showing the location of the facility that is proposed for closure; (c). the approximate amount of sewage sludge that will be removed and disposed; (d). the name of the approved sewage sludge hauler and hauler registration number; (e). name, location, and contact person of the site where the sewage sludge will be disposed; (f). any other information the department may require. iii. the implementation of a closure plan form specified by, and approved by, the administrative authority for the total removal and processing of the sewage sludge into a Class B or Exceptional Quality Biosolids for land application. Approval or disapproval of the pond closure shall be rendered by the administrative authority after review of the closure plan form; or iv. the implementation of a closure plan approved by the administrative authority for the closure of an oxidation pond, lagoon, and/or surface impoundment without the removal of sewage sludge. Approval or disapproval of the closure plan shall be rendered by the administrative authority after review of the proposed closure plan submitted by the applicant. The closure plan shall include the following: (a). the name, mailing address, physical address, and contact person of the facility that is proposed for closure; (b). a detailed description of the treatment process of the sewage sludge within the oxidation pond, lagoon, and/or surface impoundment; (c). a detailed description of the expected future use of the property; (d). a demonstration to the department to substantiate that the closure of the oxidation pond, lagoon, and/or surface impoundment without the removal of sewage sludge will not adversely affect human health and the environment; (e). any other information the department may require; (f). additional information and or requirements include, but are not limited to: (i). the oxidation pond shall be filled with a material strong enough to withstand machinery used to prepare the site; (ii). the site shall be managed in a manner that ensures that there are no adverse impacts to human health or the environment; and (iii). parish mortgage and conveyance records for the property shall be updated to include the specific location of the facility and any oxidation ponds, and to specify that an oxidation pond located on the property was closed without the removal of sewage sludge. The document shall identify the name and address of the person with the knowledge of the facility and oxidation pond. A true copy of the document filed and certified by the parish clerk of court shall be submitted to the administrative authority; v. if the oxidation pond, lagoon, and/or surface impoundment is already permitted under an existing Sewage Sludge and Biosolids Use or Disposal permit, that permit may be used for the disposal of the sewage sludge for the pond closure. c. Upon completion of the use or disposal option selected in either Clause D.3.b.i-v of this Section, the levees shall be broken and leveled and the oxidation pond/lagoon/surface impoundment shall be filled with soil that includes a minimum of at least 6 inches of topsoil to support vegetative growth. d. The administrative authority may, on a case-by-case basis, approve an alternative from the requirement in Clause D.3.c. 4. Environmental Assessment Statement. In addition to the requirements of this Chapter, all sewage sludge and biosolids use or disposal permit application forms for a new permit for a commercial preparer of sewage sludge or a major modification to a permit for a commercial preparer of sewage sludge shall include a response to each of the following: a. a detailed discussion demonstrating that the potential and real adverse environmental effects of the proposed facility have been avoided to the maximum extent possible; b. a cost-benefit analysis that balances the environmental impact costs against the social and economic benefits of the facility and demonstrates that the latter outweigh the former; c. a discussion and description of possible alternative projects that would offer more protection to the environment than the proposed facility without unduly curtailing nonenvironmental benefits; d. a detailed discussion of possible alternative sites that would offer more protection to the environment than the proposed facility site without unduly curtailing nonenvironmental benefits; and e. a discussion and description of mitigating measures that would offer more protection to the environment than the facility as proposed without unduly curtailing non-environmental benefits. E. Sewage Sludge Generators. This Section applies to a person that generates sewage sludge, and does not treat sewage sludge to be disposed at a landfill or other approved sewage sludge treatment facility, does not incinerate sewage sludge, or does not treat sewage sludge for land application. 1. The sewage sludge generator shall prepare an annual report listing the amount of sewage sludge that is pumped out or removed from the sewage treatment system and the name and address of the sewage sludge transporter that pumped out and removed the sewage sludge. The reporting period shall be for a calendar year (January 1 – December 31). The annual report shall be completed and on file by January 28 of each year. The form to be used shall be obtained from the department or department’s website. If no sewage sludge was pumped out or removed from the sewage treatment system during the reporting period, the annual report shall indicate that no sewage sludge was removed. 2. The sewage sludge generator shall ensure that the sewage sludge transporter possesses a valid sewage sludge transporter registration with LDEQ. 3. Provisions shall be made for the clean-up of the facility, including equipment and sewage sludge handling areas where sewage sludge is pumped out and removed from the treatment system. 4. The sewage sludge generator shall maintain all records regarding the pump out and removal of sewage sludge from the treatment system and the name and address of the sewage sludge transporter(s) for five years. The annual reports shall remain on file at the facility and shall be submitted to the administrative authority upon request. F. Sewage Sludge Receiving Facilities and the Acceptance of Hauled Sewage Sludge. This Section applies to any facility, public or private, that receives hauled biosolids, sewage sludge, and/or sewage sludge mixed with grease waste from an authorized sewage sludge transporter. 1. The sewage sludge receiving facility shall be approved by the administrative authority to accept outside hauled biosolids, sewage sludge and/or sewage sludge mixed with grease from food service establishments. 2. Biosolids, sewage sludge and sewage sludge mixed with grease shall be received only at a point designated by the facility. The designated point shall be at the headworks or in the collection system. 3. Municipal treatment works treating domestic sewage that receive hauled sewage sludge and/or sewage sludge mixed with grease may not accept greater than three percent of the facility’s expected daily flow in hauled biosolids, sewage sludge, and sewage sludge mixed with grease. 4. The sewage sludge receiving facility shall ensure that any truck disposing of hauled biosolids, sewage sludge and/or sewage sludge mixed with grease into the facility is properly authorized by the administrative authority to transport sewage sludge. The receipt of hauled sewage sludge from an unauthorized sewage sludge transporter shall constitute a violation of the sewage sludge receiving facility’s permit and/or these regulations. 5. Sanitary landfills that accept hauled sewage sludge shall dispose of the sewage sludge in the active cells of the landfill. The acceptance of hauled sewage sludge into an on-site oxidation pond is prohibited. The acceptance of hauled sewage sludge into a treatment facility at the landfill is prohibited, unless otherwise authorized by the administrative authority. Authorization by the administrative authority may require a modification of an existing permit and/or coverage under a Louisiana Sewage Sludge or Biosolids Use or Disposal Permit. 6. Reporting and Recordkeeping Requirements for Sewage Sludge Receiving Facilities a. Manifest System i. The permittee shall develop and implement a sewage sludge transporter manifest system. The manifest system shall be the primary mechanism by which the facility will identify the quantity and quality of wastes being discharged into the facility. The manifest system also provides a means to ensure only authorized wastes are being introduced into the facility. The manifest system shall require an entry for each load disposed. The manifest form shall include at a minimum the following information: (a). name, address and phone number of the sewage sludge transporter; (b). license plate number of vehicle/trailer and or container (if present); (c). LDEQ sewage sludge transporter registration number; (d). sewage sludge generator information (where biosolids, sewage sludge, and/or sewage sludge mixed with grease was generated); (e). date sewage sludge and/or sewage sludge mixed with grease was disposed; and (f). volume of sewage sludge and/or sewage sludge mixed with grease disposed; ii. location of disposal of the sewage sludge at the receiving facility (e.g. manhole, headworks, etc.); and iii. a copy of the completed, signed, and dated manifest form shall be supplied to the sewage sludge transporter upon discharge of the wastes into the facility. Duplicate forms are permissible. b. Annually, the receiving facility shall submit the amount of sewage sludge received by each sewage sludge transporter and a total amount of sewage sludge received by all sewage sludge transporters in that calendar year, on a form approved by the administrative authority. This report shall be submitted no later than February 19 of each calendar year. G. Sewage Sludge Disposed in a Landfill 1. A landfill where sewage sludge is disposed shall possess all required legal and effective permit(s). 2. A person who disposes of sewage sludge in a landfill shall provide the necessary information to the owner/operator of the landfill where the sewage sludge is to be disposed to assure that the landfill will be in compliance with its permit requirements. 3. The person who prepares sewage sludge that is disposed in a landfill shall provide the following to the administrative authority on a form specified by the administrative authority on or before February 19 of each year: a. proof that the sewage sludge is being disposed at an approved landfill, by furnishing the name, address, and permit number of the landfill; b. results of sampling (minimum of once/year) and laboratory analyses of the sewage sludge for hazardous characteristics or the presence of PCBs, of the results of the Paint Filter Liquids Test (if required in the permit), and of any other analysis required by the owner/operator of the landfill; and c. persons who dispose sewage sludge in a landfill shall maintain all records regarding the landfilling of sewage sludge, including, but not limited to the treatment, laboratory analyses, name and address of the sewage sludge transporter(s), and name and address of the approved receiving landfill for five years. H. Registration Requirements and Standards for Sewage Sludge Transporters and Standards for Vehicles and/or Containers Used in the Transport of Sewage Sludge. A sewage sludge transporter includes a person who pumps or moves sewage sludge off-site by means of land-based vehicles. 1. Registration Requirements a. The person responsible for the operations of sewage sludge transport activities shall obtain the sewage sludge transporter registration. Transport activities are not authorized without a current sewage sludge transporter registration issued by the administrative authority. The administrative authority may revoke or deny a sewage sludge transporter registration. b. The person responsible the operations of sewage sludge transport activities shall register all vehicles (vehicles and/or movable containers that contain a state issued license plate) under one sewage sludge transporter registration. Vehicles that transport containers with no license plates (i.e. roll off containers) are not required to be included in the sewage sludge transporter registration. c. A transporter of sewage sludge and/or grease mixed with sewage sludge shall not transport any sewage sludge and/or grease mixed with sewage sludge without first registering such activity with the administrative authority in writing and paying all associated fees. The transporting of grease that is not mixed with sewage sludge is not an activity covered under this Subsection. d. The person responsible for the operations of sewage sludge transport activities shall apply for registration through a form obtained from the department or department’s website. All information required by the form, or requested by the department, shall be provided. The method of payment of fees shall be in accordance with LAC 33:IX.1309. e. The registration period shall be for one state fiscal year period of July 1 to June 30. All registrations shall expire on June 30 of each year. If a person wishes to continue the operation of transporting sewage sludge, the person responsible for the operations of sewage sludge transport activities shall apply for re-registration to the administrative authority on or before May 1 of each year. Initial applications received between July 1 and March 30 will receive a registration for that fiscal year (July 1 through June 30); those initial applications received after March 30 will receive a registration for the remainder of that fiscal year in addition to the next fiscal year. f. The fee for registration shall be an annual fee of $110. g. The administrative authority shall be notified prior to any modification to the information submitted for registration, including, but not limited to, the following: i. the removal and/or addition of a vehicle that will be utilized for the transporting of biosolids, sewage sludge, and or sewage sludge mixed with grease waste; ii. change in vehicle information (license plate number(s) and/or registered owner(s)); iii. change of company name; and iv. transfer of ownership of a company. 2. Subcontracting of Sewage Sludge Transporting Activities a. Pick-up, hauling, and disposal of sewage sludge may be subcontracted to another company by the registered sewage sludge transporter, provided the following are met. i. All vehicles used while subcontracting work shall be included on the approved sewage sludge transporter registration issued by the department. ii. All pick-up, hauling, and disposal of biosolids, sewage sludge, and/or sewage sludge mixed with grease waste shall be reported under the registered sewage sludge transporter that hired a subcontractor. iii. The registered sewage sludge transporter shall be responsible for ensuring that all sewage sludge transport activities are conducted in a manner that meets all registration requirements and applicable regulations. 3. Standards for All Transporters of Sewage Sludge a. All transporters of sewage sludge and/or grease mixed with sewage sludge shall transport the sewage sludge and/or grease mixed with sewage sludge only to a facility permitted to receive sewage sludge or mixtures thereof, and shall maintain a daily log or record of activities containing the following information regarding the sewage sludge and/or grease mixed with sewage sludge: i. the date the transported material was obtained, pumped, or removed; ii. the origin or source of the material; iii. the volume of material generated at each site; iv. the transfer and/or disposal site; and v. the total amount of material that was transported or disposed. b. Transporters of sewage sludge and/or grease mixed with sewage sludge shall provide a summary of the information required in Subparagraph H.3.a. of this Section to the administrative authority on or before February 19 of each year on a form specified by the administrative authority. The summary of information, to be submitted to the department, shall be for the previous calendar year of January 1 through December 31. c. The registered transporter that hired the subcontractor shall include the summary of information required in Subparagraph H.2.a on their annual report for all subcontracted work. A separate report for subcontractors is not required. d. All transporters of biosolids, sewage sludge, and or sewage sludge mixed with grease waste shall maintain records for a period of no less than five years. e. Stationary Containers Used for Storage of Hauled Sewage Sludge i. Stationary containers may be used to store hauled sewage sludge provided they meet the standards listed in Subparagraph H.3.f of this Subsection. ii. Underground containers are prohibited for storage of hauled sewage sludge. iii. Hauled sewage sludge shall not be stored in containers for more than six consecutive months at a time. f. Standards Applicable to Vehicles and/or Containers Used to Transport Sewage Sludge i. The bodies of vehicles and/or containers transporting sewage sludge shall be covered at all times, except during loading and unloading, in a manner that prevents rain from reaching the sewage sludge, inhibits access by disease vectors, prevents the sewage sludge from falling or blowing from the vehicle and/or container, minimizes escape of odors, and does not create a nuisance. ii. The bodies of vehicles and/or containers that are utilized to transport liquefied sewage sludge or a sewage sludge that is capable of producing a leachate shall be constructed and/or enclosed with an appropriate material that will completely prevent the leakage or spillage of the liquid. iii. The exterior and interior of the body of a vehicle and/or container that is transporting sewage sludge shall be washed, at a designated washdown area, as often as needed to ensure against accumulation of sewage sludge and/or biosolids, and for the prevention of odors and disease vector attraction. iv. The vehicle and/or container washdown area shall be designed, constructed, and operated to prevent groundwater contamination and stormwater run-on and runoff. v. All water and leachate generated at the designated washdown area shall be contained and discharged in accordance with all applicable state and federal regulations or hauled off-site for proper treatment and/or disposal. g. Standards for Sewage Sludge Pipelines and Containment Areas i. Transfer points, pumping stations, and other facilities with a potential for spillage shall be located above grade, or in watertight compartments, and shall be in containment areas constructed to hold the maximum potential spill. ii. Containment areas shall consist of a base and dikes constructed of concrete, compacted clay, or other impervious materials. All joints shall be sealed. h. Other Standards. The administrative authority may provide appropriate standards for transporters of sewage sludge that utilize modes of transportation not covered by Subparagraph H.3.e and f of this Section. i. These regulations do not relieve the transporter from the responsibility of complying with other applicable regulations and licensing requirements, including, but not limited to, those of the Louisiana Department of Transportation and Development, and with applicable ordinances governing types, sizes, and weights of vehicles used to transport sewage sludge on roads and streets that shall be traveled during the transporting of the sewage sludge and with any other applicable requirements. I. Prohibitions, Restrictions, and Additional or More Stringent Requirements 1. Use or Disposal of Sewage Sludge a. No person shall use or dispose of sewage sludge or biosolids through any practice for which requirements have not been established in this Chapter. b. No person shall use or dispose of sewage sludge or biosolids except in accordance with the requirements in this Chapter. 2. Surface Disposal Prohibited. Except as allowed in Clause D.3.b.iv, surface disposal, as defined in Subsection B of this Section, is prohibited as a use or disposal method of sewage sludge or biosolids. 3. Storage of Sewage Sludge or Biosolids a. An extension for storage for greater than six months may be granted by the administrative authority if storage for the extended period will have no adverse effect on human health or the environment. b. A request for an extension for storage for greater than six months shall be submitted in writing to the administrative authority at least 60 days prior to the expiration of the first six-month storage period and shall include, but not be limited to, the following information: i. the name and address of the person who prepared the sewage sludge or biosolids; ii. the name and address of the person who either owns or leases the land where the sewage sludge or biosolids are to be stored, if different from the person who prepared the sewage sludge; iii. the location, by either street address (physical address) or latitude and longitude, where the sewage sludge or biosolids will be stored; iv. an explanation of why the sewage sludge or biosolids need to be stored for longer than a six month period; v. an explanation of why human health and the environment will not be affected; vi. the approximate date and length of time the sewage sludge or biosolids will be stored; and vii. the final use and disposal method after the storage period has expired. c. The administrative authority shall make a determination as to whether or not the information submitted is complete and shall issue the determination within 30 days of having received the request. i. If the information is deemed incomplete, the administrative authority shall issue a notice of deficiency. The preparer or land applier of sewage sludge shall have 45 days, thereafter, to respond to the notice of deficiency. ii. If the information is deemed complete, the administrative authority shall make and issue a determination to grant or deny the request for the storage of sewage sludge within 30 days after deeming the information complete. 4. Use of Ponds or Lagoons to Treat Sewage Sludge a. The use of a pond or lagoon is allowed for the treatment of sewage sludge, as defined in Subsection B of this Section, only after a permit has been granted under these regulations and the applicable air and water discharge permits have been applied for and granted by the administrative authority. The pond or lagoon shall be an intermediate step in the treatment process and not the final disposal method. b. The person who makes use of a pond or lagoon for the treatment of sewage sludge shall: i. provide documentation to the administrative authority that indicates the final use or disposal method for the sewage sludge; ii. apply for the appropriate permit for the chosen final use or disposal in accordance with this Chapter; and iii. provide documentation by a qualified professional engineer or geologist to the administrative authority that indicates the area where the pond or lagoon is located and if it will adequately protect against potential groundwater contamination either by natural soil conditions or by a constructed soil or synthetic liner that has a hydraulic conductivity of 1x10-7 centimeters per second or less, and adequately protect from the potential to contaminate an aquifer, as defined in Subsection B of this Section; and iv. the sewage sludge in the treatment pond or lagoon shall be disposed using the final disposal method at least once per five years. 5. Solid wastes other than those listed below are prohibited from being prepared with sewage sludge and shall be disposed of in the manner provided in LAC 33:VII.Subpart 1: a. residential and commercial food waste; b. twigs, branches, leaves, crushed or chipped wood, logs, or trees; c. wood chips or sawdust; d. ground or crushed cardboard boxes; e. paper; f. fly ash, kiln dust, or other solid waste material that has been approved by the Environmental Protection Agency for the alkaline treatment/stabilization of sewage sludge; and g. industrial sludges that are shown to contain only the pollutants that are listed in Table 1 of LAC 33:IX.7303.F and are demonstrated to be of benefit to the soil and/or crops through soil conditioning and/or crop fertilization, or are utilized as a form of alkaline treatment/stabilization of the sewage sludge. 6. Materials prohibited from being prepared with sewage sludge are as follows: a. hazardous waste; b. materials listed in Table 1 of LAC 33:IX.7301.I; and c. other material whose use has a potential to adversely affect human health or the environment, as determined by the administrative authority. Table 1 of LAC 33:IX.7301.I Materials Prohibited from Preparation with Sewage Sludge Antifreeze Automotive batteries Brake fluid Cleaners (drain, oven, toilet) Gasoline and gasoline cans Herbicides Household (dry cell) batteries Oil-based paint Pesticides Photographic supplies Propane cylinders Treated wood containing the preservatives CCA and/or PCP Tubes and buckets of adhesives, caulking, etc. Swimming pool chemicals Unmarked containers Used motor oil 7. A material prepared with sewage sludge shall be sampled and analyzed on an annual basis to determine if the material is nonhazardous by a hazardous waste determination in accordance with LAC 33:Part V. Results of the sampling and analysis shall be submitted to the administrative authority on an annual basis. 8. Sewage sludge composting operations shall not be located on airport property unless an exemption or approval is granted by the U.S. Department of Transportation's Federal Aviation Administration. If an exemption or approval is granted by the U.S. Department of Transportation's Federal Aviation Administration to allow a sewage sludge composting operation to be located on airport property, the location restrictions in LAC 33:IX.7305.B.1.h and i for off-airport property operations shall apply. 9. Except as exempted in LAC 33:IX.7303.E.7 sewage sludge mixed with grease shall be disposed of in a permitted landfill and shall not be: a. introduced into any part of a treatment works, including its collection system; or b. applied to the land. 10. On a case-by-case basis, the administrative authority may impose requirements in addition to or more stringent than the requirements in this Chapter when necessary to protect human health and the environment from any adverse effect of a pollutant in the sewage sludge. J. Exclusions 1. Co-Firing of Sewage Sludge a. Except for the co-firing of sewage sludge with auxiliary fuel, as defined in LAC 33:IX.7311.B, this Chapter does not establish requirements for sewage sludge co-fired in an incinerator with other wastes or for the incinerator in which sewage sludge and other wastes are co-fired. b. This Chapter does not establish requirements for sewage sludge co-fired with auxiliary fuel if the auxiliary fuel exceeds 30 percent of the dry weight of the sewage sludge and auxiliary fuel mixture. 2. Sludge Generated at an Industrial Facility. This Chapter does not establish requirements for the use or disposal of sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage. 3. Hazardous Sewage Sludge. This Chapter does not establish requirements for the use or disposal of sewage sludge or a material derived from sewage sludge that is hazardous in accordance with LAC 33:Part V. 4. Sewage Sludge Containing PCBs. This Chapter does not establish requirements for the use or disposal of sewage sludge containing polychlorinated biphenyls (PCBs) that are regulated by the Toxic Substances Control Act (TSCA). 5. Incinerator Ash. This Chapter does not establish requirements for the use or disposal of ash generated during the firing of sewage sludge in a sewage sludge incinerator. 6. Grit and Screenings. This Chapter does not establish requirements for the use or disposal of grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity) or screenings (e.g., relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works. 7. Drinking Water Treatment Sludge. This Chapter does not establish requirements for the use or disposal of sludge generated during the treatment of either surface water or groundwater used for drinking water. 8. Treatment Processes. This Chapter does not establish requirements for processes used to treat domestic sewage, as defined in Subsection B of this Section, or for processes used to treat sewage sludge prior to final use or disposal, except as provided in LAC 33:IX.7309. 9. Selection of a Use or Disposal Practice. This Chapter does not require the selection of a sewage sludge use or disposal practice. The determination of the manner in which sewage sludge is used or disposed is to be made by the person or entity who prepares sewage sludge. K. Sampling and Analysis 1. Sampling a. The permittee shall collect and analyze representative samples of sewage sludge or biosolids that are applied to the land and sewage sludge fired in a sewage sludge incinerator at the frequency specified in the permit. b. The permittee shall create and maintain records of sampling and monitoring information for the period specified in the permit. The sampling and monitoring records shall include: i. the date, exact place, and time of sampling or measurements; ii. the individual(s) who performed the sampling or measurements; iii. the date(s) analyses were performed; iv. the individual(s) who performed the analysis; v. the analytical techniques or methods used; and vi. the results of such analysis. 2. Methods a. The materials listed below are incorporated by reference in this Chapter. The materials are incorporated as they exist on the date of approval, and notice of any change in these materials will be published in the Louisiana Register. They are available for inspection at the Office of the Federal Register, and at the Office of Water Docket. Copies may be obtained from the standard producer or publisher listed in the regulation. Information regarding other sources of these documents is available from the Louisiana Department of Environmental Quality. Methods in the materials listed below (or in 40 CFR Part 136) shall be used to analyze samples of sewage sludge. i. Enteric Viruses (a). ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," (Most Recent Edition), Annual Book of ASTM Standards: Section 11—Water and Environmental Technology, ASTM. ii. Fecal Coliform (a). Part 9221 E, "Standard Methods for the Examination of Water and Wastewater," (Most Recent Edition), American Public Health Association; or EPA Method 1680 for Exceptional Quality biosolids and Part 9221 E or Part 9222 D "Standard Methods for the Examination of Water and Wastewater," (Most Recent Edition), American Public Health Association; or EPA Method 1680 or 1681 for Class B Biosolids. iii. Helminth Ova (a). Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges," EPA 600/1-87-014, 1987. National Technical Information Service (PB 88-154273/AS). iv. Inorganic Pollutants (a). Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 (Most Recent Edition). Other Editions are available from the National Technical Information Service. and the Superintendent of Documents, Government Printing Office (Document Number 955-001-00000-1). v. Salmonella sp. Bacteria (a). Part 9260 D, "Standard Methods for the Examination of Water and Wastewater," (Most Recent Edition), American Public Health Association, or EPA Method 1682 (available on EPA’s website at epa.gov; or Kenner, B.A. and H.P. Clark, "Detection and Enumeration of Salmonella and Pseudomonas Aeruginosa," Journal of the Water Pollution Control Federation, Vol. 46, No. 9, September 1974, pp. 2163-2171. Water Environment Federation. vi. Specific Oxygen Uptake Rate (a). Part 2710, B. Standard Methods for the Examination of Water and Wastewater, (Most Recent Edition), American Public Health Association. vii. Total, Fixed, and Volatile Solids (a). Part 2540, G. Standard Methods for the Examination of Water and Wastewater (Most Recent Edition), American Public Health Association. viii. Incineration of Sewage Sludge—Standards of Performance and Particulate Matter (a). Materials and Methods at 40 CFR Part 60 as incorporated by reference at LAC 33:III.3003. ix. Incineration of Sewage Sludge—National Emission Standards for Beryllium and for Mercury. (a). Materials, Methods, and Standards at 40 CFR Part 61 as incorporated by reference at LAC 33:III.5116. x. Composting of Sewage Sludge (a). Test Methods for the Examination of Composting and Compost, The US Composting Council Research and Education Foundation and USDA, available on the TMECC Website. xi. Nutrients (a). Methods of Soil Analysis, Soil Science Society of America Series (Most Recent Editions).