Criteria for Approval of Suitability

In order to receive an Approval of Suitability, an owner or operator shall demonstrate that the sludge or septage shall meet the following criteria: (1) Stabilization. (a) Minimum Requirement. All sludge and all septage shall be stabilized by a process which will significantly reduce pathogens. Acceptable processes which will significantly reduce pathogens are listed or described in Appendix A, 310 CMR 32.80. (b) Additional Stabilization Requirements. Sludge or septage shall be further stabilized by a process listed or described in Appendix B, 310 CMR 32.81, if: 1. the sludge is or is intended to be classified as Type I; 2. the sludge or septage is or is intended to be land applied to a site where a crop for direct human consumption is or is intended to be planted within 24 months after the land application of such sludge or septage, and where such sludge or septage will be in direct contact with the edible portion of the crop; or 3. the sludge or septage is not mixed into the soil within 48 hours after land application. (c) Variance. An owner or operator who produces Type II or Type III sludge which, before any stabilization, contains insignificant levels of pathogens, may apply for a variance from the stabilization requirements in 310 CMR 32.12(1)(a); (d) The Department may grant a variance from 310 CMR 32.12(1)(a) and (b) after consultation with the board of health of the city or town in which the sludge is or is intended to be land applied or, if unknown, the board of health of the city or town in which the owner's or operator's facility is located. The Department shall make note of any such variance in the Approval of Suitability. The Department shall grant no such variance for Type I sludge or for any septage. (2) Classification. (a) Type I Sludge. 1. Septage shall not be eligible for classification as Type I. 2. Sludge shall be classified as Type I if: a. it is stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(b) and 32.81; b. it is not putrescible; and c. the concentration of substances it contains does not exceed the limits set forth in the following table: TABLE 32.12(2)(a) Heavy Metals or Chemicals Cadmium Lead Nickel Zinc Copper Chromium (Total) Mercury Boron (water soluble) Molybdenum PCBs in Type I sludge which is a commercial fertilizer pursuant to 3l0 CMR 32.11(6) PCBs in Type I sludge which is soil conditioner pursuant to 310 CMR 32.11(6) Maximum Allowable Concentration in Parts Per Million Dry Weight (b) Type II Sludge or Septage. Sludge or septage shall be classified as Type II if: 1. it is stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(a), (b), or (c); and 2. it contains substances in concentrations which do not exceed the limits set forth in the following table: TABLE 32.12(2)(b) Maximum Allowable Concentration Heavy Metals or Chemicals in Parts Per Million Dry Weight Cadmium Lead Nickel Zinc Copper Chromium (Total) Mercury Boron (Water soluble) PCBs Molybdenum (c) Type III Sludge or Septage. Sludge or septage shall be classified as Type III if: 1. it is stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(a), (b), or (c); and 2. the concentration of any substance it contains exceeds any limit set forth in Table 32.12(2)(b).