Department Approval of Sludge or Septage for Beneficial Purposes

(1) In order to be used, sold, or distributed or offered for use, sale, or distribution for beneficial purposes, sludge and septage shall have to meet the criteria of suitability set forth in 310 CMR 32.12, and shall be the subject of an Approval of Suitability then in effect pursuant to 310 CMR 32.00. (2) No person shall use, sell, or distribute or offer for use, sale, or distribution in Massachusetts sludge or septage unless such sludge or septage is the subject of an Approval of Suitability then in effect pursuant to 310 CMR 32.00. (3) Each Approval of Suitability issued by the Department shall be subject to 310 CMR 32.00 and such terms and conditions as the Department may reasonably impose. Each Approval of Suitability shall specify the type classification for the sludge or septage under consideration as determined by the Department pursuant to 310 CMR 32.12. Every person using, selling, or distributing or offering for use, sale, or distribution sludge or septage shall do so only in accordance with the classification and the terms and conditions specified in the Approval of Suitability issued for such sludge or septage. (4) Each Approval of Suitability shall be valid for no more than five years from the date of issuance. (5) The Department may prescribe an application form or forms which shall be used by any person applying for an Approval of Suitability. (6) No person shall use, sell, or distribute or offer for use, sale or distribution sludge or septage as a commercial fertilizer or as a soil conditioner, as those terms are defined in M.G.L. c. 128, § 64, except in compliance with M.G.L. c. 128, §§ 64 through 83.