8.08B.170
Land Application
A.
Land application - Applicability.
This section applies to Solid Waste that is beneficially used on the land for
its agronomic value, or soil-amending capability, including Land Reclamation.
This section does not apply to:
1.
The
application of Commercial fertilizers registered with the Washington state
Department of agriculture as provided in RCW 15.54.325, and which are applied in
accordance with the standards established in RCW 15.54.800(3);
2.
Biosolids
regulated under chapter 173-308 WAC, Biosolids management;
3.
Composted
Materials no longer considered Solid Waste under ICC 8.08B.160(J);
4.
Dangerous
waste regulated under chapter 173-303 WAC Dangerous waste regulations;
5.
Waste
derived Soil Amendments exempted from Permitting under WAC 173-350-200; and
6.
Solid
Waste used to improve the engineering characteristics of soil.
B.
Land application - Location standards.
There are no specific location standards for land application of Solid Waste
subject to this chapter; however, Land Application Sites must meet the
requirements provided under ICC
8.08B.060(E).
C.
Land application - Design standards.
There are no specific design standards for land application of Solid Waste
subject to this chapter; however, Land Application Sites must meet the
requirements provided under ICC
8.08B.060(E).
D.
Land application - Operating standards.
The owner or operator of a Land Application Site shall operate the site in
compliance with the performance standards of ICC
8.08B.060. The Health
Department shall determine the need for environmental monitoring to ensure
compliance with the performance standards. In addition the owner or operator
shall:
1.
Operate
the site to ensure that:
a)
For waste
stored in Piles on the site:
(i)
Contamination
of Ground Water, Surface Water, air and land during Storage and in case of fire
or flood is prevented;
(ii)
The
potential for combustion within the Pile and the potential for combustion from
other sources is minimized;
(iii)
The
duration of on-site waste Storage is limited to one year, or less if the Health
Department believes it is necessary to prevent the contamination of Ground
Water, Surface Water, air and land; and
(iv)
The
amount of material on site does not exceed the amount that could potentially be
applied to the site during a one-year period in accordance with the Plan of
Operations;
b)
For
Storage of Liquid Waste or semisolid Waste in Surface Impoundments or Tanks, the
requirements of ICC 8.08B.210 are
met;
c)
Land
application occurs at a predictable application rate determined as follows:
(i)
For
agricultural applications, Solid Waste shall be applied to the land at a rate
that does not exceed the agronomic rate. The agronomic rate should be based on
Washington State University cooperative extension service fertilizer guidelines
or other appropriate guidance accepted by the Health Department;
(ii)
For the
purposes of Land Reclamation or other soil amending activities, the application
rate may be designed to achieve a soil organic matter content or other soil
physical characteristic and promote long-term soil productivity, with
consideration of the carbon-to-nitrogen ratio to control nutrient leaching; and
(iii)
For
Liquid Wastes, the application rate shall also be based on soil Permeability and
infiltration rate.
2.
Maintain
daily operating records of the amount and type of waste applied to the land, the
crop and any additional nutrient inputs. Significant deviations from the Plan of
Operation shall be noted in the operating record. Records shall be kept for a
minimum of five years and shall be available upon request by the Health
Department;
3.
Prepare
and submit a copy of an annual report to the Health Department and the
Department by April 1st on forms supplied by the Department. The annual report
shall detail the activities during the previous calendar year and shall include
the following information:
a)
Site
address or legal description;
b)
Calendar
year covered by the report;
c)
Annual
quantity and type of waste received from each source;
d)
For each
crop grown: The acreage used, the amount, type and source of each waste applied,
the crop, and any additional nutrient inputs to the land, such as manure,
Biosolids, or Commercial fertilizer;
e)
Quantity
and type of any waste remaining in Storage as of December 31st of the reporting
year;
f)
Any
additional waste characterization information required to be obtained as a
condition of the Permit, and a summary report of that data;
g)
Any
environmental monitoring data required to be obtained as a condition of the
Permit, and a summary report of that data; and
h)
Any
additional information required by the Health Department as a condition of the
Permit;
4.
Develop,
keep, and abide by a Plan of Operation approved as part of the Permitting
process. The plan shall describe the Facility's operation. The Plan of Operation
shall be available for inspection at the request of the Health Department. If
necessary, the plan shall be modified with the approval, or at the direction of
the Health Department. Each Plan of Operation shall include the following:
a)
A
description of the types of Solid Wastes to be handled at the site;
b)
A
description of how wastes are to be handled on-site during the life of the site
including:
(i)
How
wastes will be delivered to the site and meet any local agency notification
requirements;
(ii)
A
description of the process, system and equipment that will be used to apply the
waste to the land that explains:
(1)
How the
equipment and system will be calibrated to deliver waste at the agronomic rate;
(2)
Whether
the waste will be allowed to remain on the surface of the land, will be tilled
into the soil, or will be injected into the soil at the time of application;
(3)
When the
waste will be applied to the land relative to crop and livestock management
practices; and
(4)
Any
proposed restrictions on application related to climatic factors including
typical precipitation, Twenty-Five-Year Storm events as defined in ICC
8.08B.030, temperature, and wind, or site conditions including frozen
soils and seasonal high Ground Water;
(iii)
A
description of how the waste will be managed at all points during Storage and
application to control attraction to disease Vectors and to mitigate Nuisance
Odor impacts;
c)
A spill
response plan including the names and phone numbers of all contacts to be
notified in the event of a spill and how the spill will be cleaned up;
d)
If the
seasonal high Ground Water is three feet or less below the surface, a management
plan describing how Ground Water will be protected;
e)
A waste
monitoring plan providing analytical results representative of the waste being
applied to the land, over time, taking into account the rate of production of
the waste, timing of delivery, and Storage;
f)
The forms
used to record volumes, weights and waste application data;
g)
Other
such details to demonstrate that the Facility will be operated in accordance
with this subsection and as required by the Health Department.
E.
Land application - Ground Water monitoring
requirements.
There are no specific Ground Water monitoring requirements for Land Application
Sites subject to this chapter; however, Land Application Sites must meet the
requirements provided under ICC
8.08B.060(E).
F.
Land application - Closure requirements.
The owner or operator of all Land Application Sites shall notify the Health
Department sixty days in advance of Closure. All Land Application Sites shall be
closed by applying all materials in Storage in accordance with the Permit, or by
removing those materials to a Facility that conforms to the applicable
regulations for handling the waste.
G.
Land application - Financial assurance requirements.
There are no specific financial assurance requirements for Land Application
Sites subject to this chapter; however, Land Application Sites must meet the
requirements provided under ICC
8.08B.060(E).
H.
Land application - Permit application contents.
1.
The owner
or operator of Land Application Sites subject to this section shall obtain a
Solid Waste Permit from the Health Department. All applications for Permits
shall be submitted in accordance with the procedures established in ICC
8.08B.100. In addition to the requirements of ICC
8.08B.100 and 8.08B.110,
each application for a Permit shall contain:
a)
Contact
information, including name, contact Person, mailing address, phone, fax, e-mail
for:
(i)
Any
Person who generates waste that will be applied to the site;
(ii)
The
Person who is applying for a Permit (the Permit holder);
(iii)
The
Person who prepares the Permit application; and
(iv)
The
Person who owns the site where the waste will be applied.
b)
Statement
of intended use. The Permit application shall contain a clear explanation of the
benefit to be obtained from land application of the material. Avoidance of
Disposal is not adequate justification for land application of Solid Waste.
c)
An
analysis of the waste which includes:
(i)
A description of the material to be applied to the land;
(ii)
A description of the processes by which the material is generated and
treated including all processed feedstocks;
(iii)
Any pseudonyms or trade names for the material;
(iv)
A discussion of the potential for the material to generate Nuisance Odors
or to attract disease Vectors, including any complaints regarding Nuisance Odors
associated with this material;
(v)
An analysis of pollutant concentrations of the following reported on a
dry weight basis:
(1)
Total arsenic;
(2)
Total barium;
(3)
Total cadmium;
(4)
Total chromium;
(5)
Total copper;
(6)
Total lead;
(7)
Total mercury;
(8)
Total molybdenum;
(9)
Total nickel;
(10)
Total selenium;
(11)
Total zinc.
(vi)
An analysis of nutrients at a minimum to include total Kjeldahl nitrogen,
total nitrate-nitrogen, total ammonia- and ammonium-nitrogen, total phosphorus,
and extractable potassium, reported on a dry weight basis;
(vii)
An analysis of physical/chemical parameters to include at a minimum:
Total solids, total volatile solids, pH, electrical conductivity, total organic
carbon;
(viii)
A discussion of any pathogens known or suspected to be associated with
this material, including those which can cause disease in plants, animals, or
humans;
(ix)
The concentration of fecal coliform bacteria expressed as CFU or MPN per
gram of dry solid material; and
(x)
Any additional analysis required by the Health Department. The Health
Department may reduce the analytical requirements of this section. Methods of
analysis are to be determined by the Health Department.
d)
A
comprehensive site characterization including:
(i)
A description of current practices and a brief description of past
practices on the application site, including application of wastes, Soil
Amendments, manures, Biosolids, liming agents, and other fertilization
practices, livestock usage, irrigation practices, and crop history. Also
indicate whether any management plan has been prepared for the site such as a
farm, forest, or nutrient management plan. Discuss any potential changes to
management practices at the site;
(ii)
A description of the climate at the application site including typical
precipitation, precipitation of a Twenty-Five-Year Storm, as defined in ICC
8.08.030, temperatures, and seasonal variations;
(iii)
A brief discussion of the potential for Run-on and Runoff, and typical
depths to seasonal high Ground Water;
(iv)
An analysis of soil nutrients including residual nitrate in the upper two
feet of soil in one foot increments;
(v)
A site map showing property boundaries and ownership of adjacent
properties with the application areas clearly shown, and with the latitude and
longitude of the approximate center of each Land Application Site;
(vi)
A topographic relief map of the site extending one quarter beyond the
site boundaries at a scale of 1:24,000 or other scale if specified by the Health
Department;
(vii)
Show the following information on either of the maps provided or on
additional maps if needed:
(1)
Location of the site by street address, if applicable;
(2)
The zoning classification of the site;
(3)
The means of access to the site;
(4)
The size of the site in acres, and if applicable, the size of individual
fields, units, and application areas;
(5)
The location and size of any areas which will be used to store the waste;
(6)
Adjacent properties, uses, and their zoning classifications;
(7)
Delineation of Wetlands on the site;
(8)
Any portion of the site that falls within a wellhead protection area;
(9)
Any seasonal Surface Water bodies located on the site or perennial
Surface Water bodies within one-quarter mile of the site;
(10)
The location of all wells within one-quarter mile of the boundary of the
application area which are listed in public records or otherwise known, whether
for domestic, irrigation, or other purposes;
(11)
Any Setback or Buffer to Surface Water, property boundaries, or other
feature, if proposed;
(12)
The location of any critical areas or habitat identified under the
Endangered Species Act, local growth management plans, habitat conservation
plans, conservation reserve program, or local shoreline master program;
(13)
A copy of the Natural Resources Conservation Service soil survey map from
the most recent edition of the soil survey that includes the distribution of
soil types with an overlay of the site boundaries; and
(14)
A description of the soil type(s), textural classes, and soil depths
present on the site as determined by the most recent edition of the Natural
Resources Conservation Service soil survey or from actual field measurements.
e)
A Plan of
Operation meeting the requirements of subsection (4) of this section.
2. Two or more areas of land under the same ownership or operational control which are not contiguous may be considered as one site for the purposes of Permitting, if in the opinion of the Health Department the areas are sufficiently proximate and management practices are sufficiently similar that viewing them as one proposal would expedite the Permit process without compromising the public interest. A Health Department may also require separate Permits for a contiguous area of land if it finds that the character of a proposed site or management practices across the site are sufficiently different that the Permit process and public interest would be best served by a more focused approach.