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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter D. ADDITIONAL REQUIREMENTS FOR
AGRICULTURAL UTILIZATION


Sec.


275.301.    [Reserved].

ADDITIONAL OPERATING REQUIREMENTS

Sec.


275.311.    General requirements.
275.312.    Site characteristics.
275.313.    Application to soil.
275.314.    Weather.
275.315.    Water quality monitoring.
275.316.    Soil-pore water monitoring.

§ 275.301. [Reserved].


Source

   The provisions of this §  275.301 reserved January 24, 1997, effective May 27, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (162744).

ADDITIONAL OPERATING REQUIREMENTS


§ 275.311. General requirements.

 (a)  In addition to the requirements of Subchapter C (relating to general operating requirements for the land application of sewage sludge), a person or municipality that applies sewage sludge for agricultural utilization shall comply with this section and § §  275.312—275.316 (relating to site characteristics; application to soil; weather; water quality monitoring; and soil-pore water monitoring), unless the person or municipality has obtained a permit from the Department for land reclamation or surface land disposal. In that case, the person or municipality shall comply with the applicable provisions of Subchapter E or F (relating to additional requirements for land reclamation; and Reserved).

 (b)  No person or municipality may apply sewage sludge for agricultural utilization that contains a constituent in such high concentrations that it requires a loading rate which would give the sludge little or no nutrient value in the soil.

§ 275.312. Site characteristics.

 No person or municipality may apply sewage sludge to a site unless the site complies with the following:

   (1)  The site has soils that fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam or silt loam, unless otherwise approved by the Department in the permit.

   (2)  The soils have a minimum depth from surface to bedrock of 20 inches.

   (3)  The site has a minimum depth from surface to seasonal high water table of 20 inches. The operator may establish this minimum depth through the use of a tile drain system, if approved by the Department in the permit.

   (4)  Slopes to be utilized for sludge application do not exceed 15%, except as follows:

     (i)   Slopes up to 20% may be approved in the permit for the surface application of sludge to well established hayfields, pastures and cover crops, or on no-till crops where the previous no-till crop was harvested in a manner that left adequate residue.

     (ii)   Slopes up to 25% may be approved in the permit for the subsurface injection of sludge if the following are met:

       (A)   The sludge is applied to well established hayfields, pastures and cover crops, or on no-till crops where the previous no-till crop was harvested in a manner that left adequate residue.

       (B)   The injection unit is capable of uniformly injecting the sludge beneath the surface on the slope to prevent ponding, runoff and other nuisances.

   (5)  Soil pH is 6.5 or greater prior to land application, unless the Department allows the operator to increase pH by application of sludge or other material, in which case soil pH shall be 6.5 or greater within 6 months following the first application of sludge.

   (6)  Except as provided in paragraph (5), soil pH at the site shall be maintained at 6.5 or greater for the life of land application operations and for 2 additional years following the last application of sludge to the site.

   (7)  If the site is planted with nursery crops that require a pH of less than 6.5, the Department may approve a soil pH of 5.8 or greater in the permit.

Notes of Decisions

   General Comments

   This regulation is not ambiguous. P.A.S.S., Inc. v. Department of Environmental Protection, 1995 EHB 1308.

Cross References

   This section cited in 25 Pa. Code §  275.311 (relating to general requirements); and 25 Pa. Code §  285.134 (relating to storage of sewage sludge in piles).

§ 275.313. Application to soil.

 (a)  Except as provided in subsection (b), sewage sludge that is applied to the surface of soil shall be incorporated into the soil within 24 hours of application.

 (b)  If the approved operation plan provides for the surface application of sludge for top or side dressing on hayfields, for pastures, for cover crops or for no-till crops when the previous no-till crop was harvested for grain in a manner that left adequate crop residue, the Department may do one of the following:

   (1)  Approve another time period for incorporating sludge into the soil as part of the permit.

   (2)  Not require incorporation as part of the permit.

Cross References

   This section cited in 25 Pa. Code §  275.311 (relating to general requirements).

§ 275.314. Weather.

 (a)  No person or municipality may apply sewage sludge when the ground is saturated or covered with snow, or during periods of rain.

 (b)  No person or municipality may apply sewage sludge when the ground is frozen, unless the Department has approved the application in the permit and the following conditions exist:

   (1)  The slopes at the site do not exceed 3%.

   (2)  The site contains sufficient vegetation or a well-established cover crop to prevent runoff of sludge.

   (3)  Application of sludge is consistent with Department guidelines for winter application.

   (4)  No sludge storage capacity or other means of storage or disposal exists at the generating facility.

Cross References

   This section cited in 25 Pa. Code §  275.311 (relating to general requirements).

§ 275.315. Water quality monitoring.

 If required by the Department, the operator shall conduct ground water monitoring that meets the requirements of § §  275.521—275.528 (Reserved), or another plan for accurately monitoring groundwater that is approved in the permit.

Cross References

   This section cited in 25 Pa. Code §  275.311 (relating to general requirements).

§ 275.316. Soil-pore water monitoring.

 If required by the Department, the operator shall conduct soil-pore water monitoring that meets the requirements of §  275.515 (Reserved), or another plan for accurately monitoring soil-pore water that is approved in the permit.

Cross References

   This section cited in 25 Pa. Code §  275.311 (relating to general requirements).



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