TITLE 327 WATER POLLUTION CONTROL DIVISION
SECOND NOTICE OF COMMENT PERIOD
LSA Document #14-29
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at
327 IAC 7.1 concerning septage management. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
Septage is the human excreta, water, scum, sludge, sewage, and incidental or accidental seepage from sewage disposal systems. It also includes the retained contents of sewage holding tanks and portable sanitary units, grease, fats, and retained wastes from grease traps or interceptors, and human wastes carried in liquid from ordinary living processes. Managing the transportation, storage, treatment, and disposal, including land application, of septage protects the public from threats to water quality resulting from run-off, spills, and leaks that can result from the use of improper techniques and lack of safeguards. When water quality is degraded members of the public may lose drinking water, fishing, and recreational resources.
Septage comes from a variety of sources categorized as sewage disposal systems under
IC 13-11-2-201.
IC 13-18-12 authorizes IDEM to permit septage managers for cleaning sewage disposal systems and for the transport, treatment, storage, or disposal of septage. Under the current septage rules at
327 IAC 7.1, septage may be transported to and discharged directly into a National Pollutant Discharge Elimination System (NPDES) permitted publicly owned treatment works (POTW), disposed at a permitted municipal solid waste landfill, transported to a specifically designed septage storage or treatment facility, or land applied.
The Indiana general assembly has made changes to
IC 13-18-12 regarding septage management. IDEM has developed a draft rule that addresses these changes, including replacing "wastewater" with "septage" throughout
327 IAC 7.1, removing the vehicle licensing requirements, and changing record keeping requirements when cleaning portable sanitary units. IDEM is also proposing updates to the existing rules to add flexibility to septage transportation requirements, allow for alternate design, construction, or compliance, and to add phosphorus testing and standards, which may temporarily affect land application activities at a particular location. The draft rule also includes amendments to ensure the rules are consistent with the most current applicable state law, removes outdated language and forms, and reorganizes and revises language for improved clarity and understanding.
IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.
IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law
The existing septage management provisions at
327 IAC 7.1 are not imposed under federal law. In the absence of a comprehensive federal program, the Indiana general assembly, through
IC 13-18-12, directs those who engage in septage management activities to obtain a permit. In the limited area of land application,
327 IAC 7.1-8, there are federal regulations at 40 CFR 503 that provide a baseline for sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. Beyond these basic requirements,
IC 13-18-12 requires all land application sites receive IDEM approval before septage may be land applied. The land application site approval is incorporated into the septage management permit.
The following elements of the draft rule impose either a restriction or a requirement on persons to whom the draft rule applies that is "not imposed under federal law" (NIFL element or elements) and is not currently in the existing state rule at
327 IAC 7.1. Specifically, each element applies in a subject area in which federal law does not impose a restriction or requirement.
The following information is provided with each NIFL element:
(1) The environmental circumstance or hazard dictating the imposition of the NIFL element in order to protect human health and the environment in Indiana and examples in which federal law is inadequate to provide this protection for Indiana.
(2) The estimated fiscal impact and expected benefits of the NIFL element, based on the extent to which the NIFL element exceeds the requirements of federal law.
(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL element including, if applicable: health criteria, analytical methods, treatment technology, economic impact data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and other background data.
NIFL Element A: Addition of phosphorus testing for land application of septage at
327 IAC 7.1-8.
(1) If septage containing phosphorus is applied to the land in excess of the amount plants will absorb, phosphorus may run off the land application site and enter waters of the state. Excess phosphorus in the water contributes to nutrient pollution resulting in serious environmental and human health issues and impacting the economy. Phosphorus in the water contributes to increased algae growth that harms water quality, food resources, and habitats, and decreases the oxygen that fish and other aquatic life need to survive. Large growths of algae are called algal blooms and they can severely reduce or eliminate oxygen in the water, leading to illnesses in fish and the death of large numbers of fish. Some algal blooms are harmful to humans because they produce elevated toxins and bacterial growth that can make people sick if they come into contact with polluted water, consume tainted fish or shellfish, or drink contaminated water.
(2) A small portion of the regulated community may be affected by the regulation of phosphorus on sites where septage is land applied. Soil testing will be required every three years when the permit is renewed, but these tests are relatively low in cost. The ability to use certain sites for land application may need to be temporarily restricted depending on the results of the soil tests; however, other sites with lower levels of phosphorus in the soil would still be available for land application of septage.
(3) IDEM relied on the experience of internal staff who are a part of the septage management permitting program when developing this amendment and the estimated economic impacts that would result from the amendment, as well as the following documents:
a. 40 CFR 503, Standards for the Use or Disposal of Sewage Sludge.
b. Natural Resources Conservation Service, Conservation Practice Standard, Nutrient Management, Code 590*, October 2013.
c. "Recommended Chemical Soil Test Procedures for the North Central Region", North Central Regional Research Publication No. 221, revised August 2015, Missouri Agricultural Experiment Station, SB 1001, Chapter 6 - Phosphorus, https://extension2.missouri.edu/sb1001.
(1) The addition of the quarterly report requirement is to replace the reporting form that is being removed from the rule and for consistency with the actual permit requirements which already include submission of a quarterly report. Identification of the existing quarterly report requirement in the rule will provide clarity to regulated entities and consistency with existing requirements.
(2) This revision to the rule will have no fiscal impact on regulated entities because they are already required to submit a quarterly report in their permit.
(3) IDEM relied on the experience of internal staff who are a part of the septage management permitting program when developing this amendment.
(1) The federal requirements in 40 CFR 503 prohibit the application of septage in a manner that will allow it to enter waters of the United States. If applied on land that slopes toward a water body, the septage will more easily run off and enter the water before it can infiltrate the soil. This amendment also provides greater consistency with the existing biosolid land application rules at
327 IAC 6.1 and confined feeding operation rules at
327 IAC 19.
(2) A small portion of the land currently approved for application of septage will be affected by the restriction on slopes that exceed 6%; however, the remainder of those sites and other sites without 6% or greater slope would not be restricted.
(3) IDEM relied on the experience of internal staff who are a part of the septage management permitting program when developing this amendment and the estimated economic impacts that would result from the amendment, as well as the following documents:
a. 40 CFR 503, Standards for the Use or Disposal of Sewage Sludge.
b. Natural Resources Conservation Service, Conservation Practice Standard, Nutrient Management, Code 590*, October 2013.
Amending the rules in accordance with the statutory changes will have a positive fiscal impact on the regulated community due to the removal of the vehicle licensing requirements. Reorganizing and revising language for improved clarity and understanding, and developing standards for better access to data about storage, treatment, and disposal of septage, will have no significant additional fiscal impact. The proposed addition of phosphorus testing for septage to be land applied may have a fiscal impact to a small portion of the regulated community. Phosphorus rules will require soil testing every three years when the permit is renewed; however, these tests are relatively low in cost. The proposed revision limits the content of phosphorus in soil, which may temporarily affect the ability to use certain sites for land application. IDEM seeks comment on potential costs associated with limited ability to use sites with high phosphorus levels.
Public Participation and Work Group Information
At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact Krystal Hackney, Rules Development Branch, Office of Legal Counsel at (317) 232-3158 or (800) 451-6027 (in Indiana).
SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD
IDEM requested public comment from February 19, 2014, through May 9, 2014, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received comments from the following parties by the comment period deadline:
Terry Merrell, Merrell Bros. Inc. (MER)
Jim Hodge, American Pumping (AP)
James Penner, AA Septic Service, Inc. (AA)
Scott Robertson (SR)
Donna Sheets, Indiana Onsite Wastewater Professional Association (IOWPA)
Timothy Strombeck, Strombeck Beck Brothers, Inc. (SBB)
Following is a summary of the comments received and IDEM's responses thereto:
Comment: Extend the comment period deadline by at least thirty days beyond the March 21, 2014, deadline listed in the First Notice. (IOWPA, SR)
Response: IDEM extended the comment period deadline to May 9, 2014, to allow ample time for public comments on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language.
Comment: Thank you for your willingness to re-visit the water table issue. We would like some language to address the handling of dewatered septage on crop producing farmland. It is very troubling to see loads of beneficial soil additives being dumped in a landfill. Therefore, if water table standards restrict spreading of dewatered septage on farmland, changes to that rule would be greatly appreciated. (AA)
Comment: These comments are regarding the water table restrictions on all soil types that have a permeability of 6 inches or less per hour. The commenter believes that if monitoring wells are installed in areas that have the highest water table, it would ensure that the remainder of the site complies with the 3' or greater standard, and ensure the site is suitable for land application of septage. A certified soil scientist should determine the placement of these wells and weekly monitoring of wells should be kept. (AP)
Response: IDEM has revised the draft rule language in
327 IAC 7.1-8-1(b)(5) concerning the three foot water table restriction to require that the soil survey map or report by a soil scientist provided with the application include the depth to the water table from the ground surface. In this way the site can be permitted; however, land application is still prohibited when the seasonal high water table is within three feet of the soil surface in accordance with
327 IAC 7.1-8-9(a)(4)(D).
Comment: In regards to possible changes to storage and treatment facilities, we are unsure what these changes are; however, currently we have a facility that is permitted to receive, dewater, and dispose of septage material. We are currently required to submit quarterly reports on State Form 51909 "Solid Waste Processing Facility Quarterly Report". Without knowing what your proposed changes are, we would like to request that if your changes require additional or separate reporting, that this could either be incorporated into the current quarterly reporting requirement or the current quarterly reporting requirement could be incorporated into your new reporting format. Our hope is that you do not implement a second report that we now have to submit in addition to the current quarterly report. This would increase the reporting burden on facilities like us. We are not opposed to reporting additional information, if it is deemed necessary, however, in order to reduce the burden on us, we would prefer that it was incorporated into one single report, versus duplicating data on two separate reports. (MER)
Response: The draft rule does not include a requirement to submit a report from septage storage or treatment facilities. The only reporting requirements are for those approved to land apply septage to submit a quarterly report, even when no land application occurred.
Comment: We feel there are enough plants that will take waste from the haulers. All land application should be stopped. The commenter does not like the removal of vehicle licensing. Instead of fewer rules, this type of service needs more. (SBB)
Response: Land application of septage as a part of septage management activities are allowed under
IC 13-18-12. In 2012, the Indiana general assembly made changes to
IC 13-18-12, which resulted in the removal of vehicle licensing requirements. The rules must be consistent with the current statute, therefore, the draft rule allows for the land application of septage and removes the vehicle licensing requirements. IDEM believes that the proposed standards for the land application and transportation of septage are protective of human health and the environment from threats to water quality.
Comment: Quarterly reports are just that, reports. Something you write down on paper, but I am sure most are fiction. If IDEM feels collecting and filing the reports are enough they are not. (SBB)
Response: Reporting requirements are one of many tools IDEM uses to ensure compliance with the rules. IDEM also conducts inspections of sites and, if violations are found, pursues enforcement action.
Comment: There should be mandatory maintenance of septic systems as there is in Wisconsin. (SBB)
Response: The purpose of this rulemaking is to address septage management permits under
IC 13-18-12, which address the cleaning of a sewage disposal system and the transportation, storage, treatment, and disposal of septage. Maintenance of sewage disposal systems, commonly known as septic tanks or septic systems, is regulated by the Indiana state department of health. Rules may be found at
410 IAC 6-8.3, and further information online at http://www.in.gov/isdh/23283.htm. IDEM encourages anyone concerned with this type of system to contact the Indiana state department of health.
REQUEST FOR PUBLIC COMMENTS
This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #14-29 Septage Management
Krystal Hackney
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
Indiana Government Center North
100 North Senate Avenue
Indianapolis, IN 46204-2251
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922.
(3) By electronic mail to khackney1@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.
All comments must be postmarked, faxed, or time stamped not later than June 14, 2019. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this action may be obtained from Krystal Hackney, Rules Development Branch, Office of Legal Counsel, (317) 232-3158 or (800) 451-6027 (in Indiana).
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 3. (a) This article applies to all persons a person who provide or engage engages in wastewater septage management.
(b)
The following do not involve wastewater as defined in 327 IAC 7.1-2-41, and therefore This article does not apply to
these the following activities:
(1) Land application activities
that are regulated under
327 IAC 6.1.
(2) Confined feeding operations regulated under 327 IAC 19.
(3) Management of animal manure.
(c)
This article does not require A
wastewater septage management permit
or a vehicle license for the transportation of wastewater from the point of its removal to another location on the same site or tract owned by the same person if the wastewater was generated on the same site or tract owned by the same person and either of the following applies: is not required for activities exempt under IC 13-18-12-7.
(1) Both of the following:
(A) A facility on the same site or tract owned by the same person has a valid permit under 327 IAC 5 implementing the National Pollutant Discharge Elimination System which includes provisions for the management of wastewater.
(B) The wastewater is blended with industrial process wastewater, as defined in 327 IAC 6.1-2-28, at the permitted facility.
(2) Both of the following:
(A) A facility on the same site or tract owned by the same person has a valid permit under 327 IAC 3-4 regarding operational permits.
(B) The wastewater is blended with industrial process wastewater as defined in 327 IAC 6.1-2-28, at the permitted facility.
(d) Solid waste generated by the permitted facility described in subsection (c) must be disposed of in accordance with 327 IAC 6.1 or the rules of the solid waste management board at 329 IAC 10.
(e) The following documents of the U.S. Environmental Protection Agency are incorporated by reference:
(1) Appendix I of 40 CFR 257, revised as of July 1, 2001.
(2) Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Third Edition, November 1986, as amended by Updates 1 (July 1992), 2 (September 1994), 2A (August 1993), and 2B (January 1995)].
(3) Appendix II A of 40 CFR 257, revised as of July 1, 2001.
(4) 40 CFR 257.3-5(a)(1) and 40 CFR 257.3-5(c), revised as of July 1, 2001.
(5) 50 CFR 17.11 and 50 CFR 17.12, revised as of October 1, 2001.
(6) Areas located in Indiana contained in 50 CFR 17.95 and 50 CFR 17.96, revised as of October 1, 2001.
(f) The Code of Federal Regulations and Publication SW-846 are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The telephone number for the Superintendent of Documents is (202) 512-1800.
(Water Pollution Control Division; 327 IAC 7.1-1-3; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3717; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 5. Penalties for violation of this article are provided for at:
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1.
The definitions in IC 13-11-2 apply to this article. In addition to the definitions in
IC 13-11-2, the definitions in this rule apply throughout this article.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 2. "Agricultural land" means land on which a food crop, a an animal feed crop, or a fiber crop is grown. The term includes land used as pasture.
(Water Pollution Control Division; 327 IAC 7.1-2-2; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3718; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 4. "Applicant" means a person who applies for
any or all of the following:
(1) a wastewater septage management permit that includes any applicable requirements for transport, storage, treatment, or land application of septage.
(2) A wastewater vehicle license.
(3) An approval for land application of wastewater.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 7. "Contaminate" means introducing a substance that would cause one (1) of the following:
(1) The concentration of that substance in any drinking water source to exceed the maximum contaminant level specified in Appendix I of 40 CFR 257*.
(2) An increase in the concentration of that substance in any drinking water source where the existing concentration of that substance exceeds the maximum contaminant level specified in Appendix I of 40 CFR 257*.
*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-2-7; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3718; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 8. "Critical habitat" means areas located in Indiana and contained listed in 50 CFR 17.95* and 50 CFR 17.96*, Endangered and Threatened Wildlife and Plants.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-2-8; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3719; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 11. "Domestic septage" means
the following:
(1) Human excreta, water, scum, sludge, and sewage from sewage disposal systems, or retained contents of waste and wastewater holding tanks.
(2) Wastes carried in liquid from ordinary living processes.
(3) Incidental or accidental seepage from sewage disposal systems.
The term does not include contents from chemical toilets, or Type III marine sanitation devices. humans or household operations either as a liquid or solid material removed from a residential sewage disposal system. The term does not include contents from portable sanitary units.
(Water Pollution Control Division; 327 IAC 7.1-2-11; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3719; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-2-13 "Endangered or threatened species" defined
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 13. "Endangered or threatened species" means any species listed as such under 50 CFR 17.11* or 50 CFR 17.12*.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-2-13; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3719; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 14. "Flood plain" means
the lowland and relatively flat areas an area adjoining
inland and coastal waters, including flood prone areas of offshore islands, which are inundated by a base flood. a river, stream, or lake that has been or may be covered by a one hundred (100) year flood as determined by 312 IAC 10.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 15. "Food crops" crop" means tobacco, crops grown for human consumption, and animal feed for animals whose products are consumed by humans.
(Water Pollution Control Division; 327 IAC 7.1-2-15; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3719; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-2-18 "Incorporation into the soil" defined
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 18. "Incorporated "Incorporation into the soil" means the mixing of domestic septage, grease, or mixed load a combination of domestic septage and grease with the surface soil, using standard agricultural practices such as tillage.
(Water Pollution Control Division; 327 IAC 7.1-2-18; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3719; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 19. "Injection" means the placement of domestic septage, grease, or mixed load a combination of domestic septage and grease beneath the surface of the soil in the crop root zone, using equipment specifically designed for this purpose.
(Water Pollution Control Division; 327 IAC 7.1-2-19; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3720; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 24. "Operator" means the person responsible for the operation of any of the following:
(1) Wastewater Septage management business.
(2) Wastewater Septage management vehicle.
(3) Wastewater Septage treatment facility.
(4) Wastewater Septage storage facility.
(5) Wastewater Septage land application site.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 25. "Owner" means the person who owns any of the following:
(1) Wastewater Septage management business.
(2) Vehicle used for wastewater septage management activities.
(3) Wastewater Septage treatment facility.
(4) Wastewater Septage storage facility.
(5) Wastewater Septage land application site.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 26. "Pasture" means land on which animals feed directly on animal feed crops, such as legumes, grasses, grain stubble, or fodder.
(Water Pollution Control Division; 327 IAC 7.1-2-26; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3720; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 28. "Pesticide" means any substance that:
(1) is commercially produced, marketed, or sold to control insects, rodents, nematodes, fungus, or weeds; and
(2) is regulated
by the state chemist's office under rules of the state chemist's office at under:
(A) 355 IAC 4 and
355 IAC 5; or
by the U.S. Environmental Protection Agency, under the Federal Insecticide, Fungicide and Rodenticide Act, as amended,
(B) 7 U.S.C. Section 136.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 29. "Petroleum based" means crude oil and substances derived from crude oil through processes such as separation, conversion, and finishing, that are liquid at ambient condition of temperature and pressure comprised of a complex blend of hydrocarbons, including
but not limited to, the following:
(1) Motor fuel.
(2) Jet fuel.
(3) Mineral oil.
(4) Lubricants.
(5) Petroleum solvents.
(6) Used oil.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 30. "pH" means the logarithm of the reciprocal of hydrogen ion concentration measured at twenty-five (25) degrees Centigrade (seventy-seven (77) degrees Fahrenheit) or measured at another temperature and then converted to an equivalent value at twenty-five (25) degrees Centigrade (seventy-seven (77) degrees Fahrenheit).
(Water Pollution Control Division; 327 IAC 7.1-2-30; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3721; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 30.5. "Portable sanitary unit" has the meaning set forth in IC 13-11-2-167.
(Water Pollution Control Division; 327 IAC 7.1-2-30.5)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 34. "Sensitive area" means a site where land application of domestic septage,
a mixed load, or grease,
or a combination of domestic septage and grease poses a specific water quality threat to one (1) or more of the following:
(1) Aquifers used as a source of drinking water.
(2) Public water supply wells.
(3) Wellhead protection areas.
(4) Drinking water supply reservoirs.
(5) Areas requiring special protection from a threat to water quality or because of the area's aesthetic value to the citizens of Indiana, such as:
(A) wetlands;
(B) karst terrains;
(C) the critical habitat of an endangered or threatened species; or
(D) natural areas, including:
(i) parks;
(ii) nature preserves as regulated under
IC 14-31;
(iii) historic sites as defined in section 17 of this rule; and
Authority:
IC 13-14-8;
IC 13-18-12-4
(Water Pollution Control Division; 327 IAC 7.1-2-34.2)
Authority:
IC 13-14-8;
IC 13-18-12-4
(Water Pollution Control Division; 327 IAC 7.1-2-34.5)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 35. "Set aside" or "idle" means agricultural land upon which no crop is grown during the crop season.
(Water Pollution Control Division; 327 IAC 7.1-2-35; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3721; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-2-36 "Sewage disposal system" defined
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 36. "Sewage disposal system"
as defined in IC 13-11-2-201, means septic tanks, wastewater holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to:
(1) store;
(2) treat;
(3) make inoffensive; or
(4) dispose of;
human excrement or liquid carrying wastes of a domestic nature. has the meaning set forth in IC 13-11-2-201(a).
(Water Pollution Control Division; 327 IAC 7.1-2-36; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3722; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 37. "Surface application" means the placement of wastewater septage by spraying or spreading onto the land surface.
(Water Pollution Control Division; 327 IAC 7.1-2-37; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3722; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-2-39 "Type III marine sanitation device" defined
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 39. "Type III marine sanitation device" means any equipment installed on board a vessel which that is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. The device or process must be designed to prevent the over board discharge of treated or untreated sewage or any waste derived from sewage.
(Water Pollution Control Division; 327 IAC 7.1-2-39; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3722; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 40. "Unauthorized" means that which is prohibited by permit license, or approval conditions or Indiana or federal statutes or regulations.
(Water Pollution Control Division; 327 IAC 7.1-2-40; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3722; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Rule 4. Septage Management Permits
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1.
(a) A person providing or engaging in septage management shall comply with the following:
(1) Unless exempted by IC 13-18-12-7, possess a valid septage management permit that includes any applicable requirements for transport, storage, treatment, or land application of septage.
(2) Comply with all applicable requirements of IC 13-18-12 and this article.
(a) (b) At least one hundred twenty (120) days prior to the anticipated initiation of a septage management business or the expiration of an existing septage management permit, an
application for a wastewater management permit, including a renewal application, applicant must
be submitted to the commissioner submit:
(1) an application or renewal application on a form provided by the commissioner; and
(2) at least one (1) letter indicating approval for the applicant to dispose of septage from:
(B) the owner of property on which the septage is to be applied in 327 IAC 7.1-7-1(a)(7).
(c) An application including a or renewal application is considered complete only after all information requested by the department has been submitted. received by the department.
(b) (d) An application for renewal of an existing
wastewater septage management permit
shall must be:
(1) postmarked; or
(2) hand delivered to the office of land quality, Indiana department of environmental management; or
(3) submitted electronically as specified by the department; or
(3) (4) deposited with a private carrier as shown by the receipt issued by the carrier, if the application is sent by the private carrier to the address for the department on the application;
at least one hundred twenty (120) days prior to the expiration date of the permit or the permit will be invalid upon expiration.
(c) If the applicant intends to store wastewater, or treat wastewater by altering the nature of domestic septage, a mixed load, or grease, then the permit application must be accompanied by all of the following:
(1) If the property where the wastewater storage or treatment facility will be located is not owned by the applicant:
(A) the name, mailing address, and telephone number of the property owner; and
(B) a statement, signed by the property owner, granting permission to conduct the activities specified in the application and stating that the activities specified in the application are not prohibited by any covenant of record.
(2) A county map clearly indicating the location of the property on which the facility is proposed.
(3) An accurate drawing clearly delineating the proposed facility site and the area within one-quarter (1/4) mile of the site in all directions. The drawing must use a scale of one (1) inch per one hundred (100) feet and show north. The drawing shall clearly and accurately indicate the location of all features of interest, including the following:
(A) Potable water supplies.
(B) Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water.
(C) Drainage inlets and tile systems.
(D) Rock outcrops, sinkholes, or undrained depressions.
(E) The location of all property lines, easements, and public roads.
(F) The critical habitat of endangered or threatened species.
(G) Historical sites.
(4) Plans and specifications certified by a professional engineer licensed under IC 25-31-1 to practice in Indiana. The plans must include the following:
(A) The design of the facility.
(B) The capacity of the facility.
(5) A brief narrative description of the proposed operating plan and maintenance procedures to be used at the facility.
(6) The name, address, and phone number of the person, or persons, designated in charge of the facility.
(7) A letter from at least one (1) publicly owned treatment works permitted under 327 IAC 5-2 or other state permitted wastewater treatment plant permitted under 327 IAC 5 stating the applicant is authorized to dispose of wastewater at their facility. If the narrative presented in subdivision (5) states the facility will be solidifying all wastewater, the applicant must also submit such a letter from a state permitted municipal solid waste landfill permitted under the rules of the solid waste management board at 329 IAC 10.
(8) A signed statement from either the applicant or the property owner and the applicant, if the applicant is not the property owner, accepting responsibility for closure in compliance with section 11 of this rule.
(Water Pollution Control Division; 327 IAC 7.1-4-1; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3723; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 2. (a) Upon receipt by the department of a completed application in accordance with section 1 of this rule, the commissioner shall:
(1) issue or renew a permit; only after the following: or
(1) Receipt of a completed application in accordance with section 1 of this rule.
(2) An inspection by a representative of the commissioner to determine compliance with the requirements of this article. take action under subsections (c) and (d).
(b)
A permit may be renewed with new or modified conditions based on the information provided in subsection (a). The commissioner may revoke or modify a permit in accordance with IC 13-18-12-6.5.
(c) If the commissioner determines that one (1) or more of the criteria in subsection (d) demonstrate the applicant's inability or unwillingness to manage septage under the requirements of IC 13-18-12 or this article, the commissioner may:
(1) deny a permit application or a renewal application;
(2) limit the length of a permit or renewal permit to one (1) year; or
(3) place additional conditions on a permit or renewal permit.
if the commissioner determines that one (1) or more of the criteria in subsection (d) demonstrate the applicant's inability or unwillingness to manage wastewater under the requirements of IC 13-18-12 or this article.
(d) The commissioner may deny, limit the length of, or place additional conditions on a permit or renewal permit based on one (1) or more of the following:
(2) The commissioner, under
IC 13-15-7, has revoked the applicant's previous permit to operate under
(A) this article. or
(3) The applicant has a history of one (1) or more violations of
IC 13 or rules promulgated by authority of
IC 13.
(4) The applicant was the subject of one (1) or more administrative or judicial enforcement actions concerning
wastewater septage management under this article.
or 327 IAC 7, which was repealed in 2002.
(5) The applicant is the subject of one (1) or more pending administrative or judicial enforcement actions commenced under authority of
IC 13.
(e) The application for a permit or the issuance of a permit does not:
(1) convey any property rights of any sort or any exclusive privileges to the applicant or permittee;
(2) authorize:
(A) any injury to any person or private property;
(B) invasion of other property rights; or
(C) any infringement of federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other federal, state, or local requirements.
(f) After the transition process described in section 5 of this rule, all permits shall (e) A septage management permit must be issued for three (3) years unless limited to one (1) year under subsection (c).
(Water Pollution Control Division; 327 IAC 7.1-4-2; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3724; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 3. If the information provided in the application for the wastewater septage management permit changes, the applicant or permittee shall provide the new information to the commissioner department no more than fifteen (15) days after the information provided in the application changes. The commissioner may modify the permit based on this the new information.
(Water Pollution Control Division; 327 IAC 7.1-4-3; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3724; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 4. (a)
The commissioner may include conditions in a permit that ensure compliance with this article. All wastewater A septage management
permits issued are permit is subject to the following conditions and
such any additional conditions
as stated listed in the permit:
(1) The
business permittee must only use the business name stated
on in the
wastewater septage management permit
and no other name shall be used in advertising for:
and engaging in wastewater management services.
(A) septage management vehicle signage;
(B) the business website; and
(C) any other form of septage business including:
(i) contracts;
(ii) receipts; and
(iii) advertising.
(2) Permits issued under this article
or 327 IAC 7, which was repealed in 2002, are not transferable.
(3) The permittee shall provide
wastewater septage management services in a manner that does not create a threat to human health or the environment, including the following:
(A) Pumping, dumping, or allowing The permittee shall not pump, dump, or allow the leakage or drainage of wastewater septage onto any unauthorized premises, ground land surfaces, public roads, or into the waters of the state. is prohibited.
(B) Any spillage of
wastewater septage onto unauthorized premises,
ground land surfaces, public roads, or waters of the state must be handled, removed, and disposed in accordance with this article and
under 327 IAC 2-6.1.
(C) Water
obtained from any source
used for flushing or cleaning
licensed wastewater septage vehicles, equipment used in
wastewater septage management, or a sewage disposal system must:
(i) be obtained in a manner that prevents the possibility of contaminating the water source; and
(ii) Backflow prevention devices must be installed when if the water is obtained from a potable water source, include installation of a backflow prevention device.
(D) Water used for flushing or cleaning purposes must be disposed of in the same manner as required by this article for accordance with the wastewater disposal requirements of this article.
(4) Wastewater management activities must comply with all applicable requirements of IC 13-18-12 and this article.
(b) If the applicant intends to store or treat wastewater, the wastewater management permit shall be issued subject to the conditions contained in subsection (a), the following conditions, and such additional conditions as may be stated in the permit:
(1) Except for wastewater storage or treatment facilities approved prior to the effective date of this article, all storage or treatment facilities must comply with site restrictions and be designed and constructed in compliance with this article.
(2) All facilities must be operated in compliance with this article.
(b) The application for a permit or the issuance of a permit does not:
(1) convey any property rights of any sort or any exclusive privileges to the applicant or permittee;
(2) authorize:
(A) any injury to any person or private property;
(B) invasion of other property rights; or
(C) any infringement of federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other federal, state, or local requirements.
(Water Pollution Control Division; 327 IAC 7.1-4-4; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3724; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 5.1. (a) A person with a septage management permit shall keep accurate records of activities required by this article.
(b) The records must include the following:
(1) The contract or invoice of all septage management activities.
(2) The date, location, and method of disposal of septage associated with the contract or invoice as required by 327 IAC 7.1-6-1(d)(3).
(c) The records must be:
(1) located at the permitted septage management business address;
(2) made available to the department during normal business hours for inspection as set forth in IC 13-14-2-2;
(4) maintained for at least five (5) years.
(Water Pollution Control Division; 327 IAC 7.1-4-5.1)
Rule 5.1. Storage and Treatment of Septage
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1. (a) An applicant who plans to store or treat septage by altering the nature of domestic septage, grease, or a combination of domestic septage and grease must include the following with the septage management permit application:
(1) If the property where the storage or treatment facility will be located is not owned by the applicant:
(A) the name, mailing address, and telephone number of the property owner; and
(B) a statement, signed by the property owner, granting permission to conduct the activities specified in the application and stating that the activities specified in the application are not prohibited by any covenant of record.
(2) An accurate drawing or aerial photograph that meets the following criteria:
(A) It must clearly delineate the proposed storage or treatment site and the area within one-quarter (1/4) mile of the site in all directions.
(B) It must use a scale of one (1) inch per one hundred (100) feet and show north.
(C) It must clearly and accurately indicate the location of all features of interest, including the following:
(i) Potable water supplies.
(ii) Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water.
(iii) Drainage inlets and tile systems.
(iv) Rock outcrops, sinkholes, or undrained depressions.
(v) The location of all property lines, easements, and public roads.
(vi) The critical habitat of endangered or threatened species.
(vii) Historic sites.
(3) A soil survey map classifying the soils where the proposed storage or treatment facility is to be located.
(4) Plans and specifications certified by a professional engineer licensed under IC 25-31-1 to practice in Indiana that include the following:
(A) The design of the storage or treatment facility.
(B) The capacity of the storage or treatment facility.
(5) A brief narrative description of the proposed operating plan and maintenance procedures to be used at the storage or treatment facility.
(6) The name, address, and phone number of the person or persons designated in charge of the storage or treatment facility.
(7) A signed statement accepting responsibility for closure in compliance with section 7 of this rule from either the:
(A) applicant; or
(B) property owner and applicant, if the applicant is not the property owner.
(8) If applicable, a copy of a waiver to any of the setbacks in section 2(a) of this rule obtained from the owner and occupant of a residence or place of business located within the setback distance.
(b) If the applicant believes more specific soil information for a proposed storage or treatment facility will assist the department in determining if the proposed site may be approved, the following applies:
(1) For soil types that generally have a high water table or fast permeability, the applicant may submit a report by a soil scientist registered under IC 25-31.5 or certified by the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS), with the following information:
(A) The depth to the water table from the land surface.
(B) The depth to bedrock.
(C) Evidence that the storage or treatment facility is not located in a flood plain.
(2) The soil survey map in subsection (a)(3) must also be submitted.
(c) A septage management permit for an applicant who plans to store or treat septage is subject to the following:
(1) Any site-specific conditions identified in the application in subsection (a).
(2) Except for a storage or treatment facility approved prior to the effective date of this article, the storage or treatment facility must comply with site restrictions and be designed and constructed in compliance with this article.
(3) The storage or treatment facility must be operated in compliance with this article.
(4) Any additional conditions in the permit.
(Water Pollution Control Division; 327 IAC 7.1-5.1-1)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 2. (a) Except under subsection (b), a storage or treatment facility must not be constructed:
(1) within one hundred (100) feet of any easement;
(2) within three hundred (300) feet of any public road;
(3) within six hundred (600) feet of any:
(A) residence;
(B) place of business;
(C) public gathering place;
(D) property line;
(E) lake;
(F) pond;
(G) stream;
(H) intermittent waterway;
(I) surface water impoundment;
(J) wetland;
(K) rock outcrop;
(L) sink hole;
(M) undrained depression; or
(N) potable water supply;
(4) within one thousand (1,000) feet of any:
(A) public water supply well or public water supply surface intake structure;
(B) historic site; or
(C) critical habitat of endangered or threatened species;
(5) in a flood plain; or
(6) in a manner that would allow the septage to enter waters of the state.
(b) A reduced distance from a setback in subsection (a)(1), (a)(2), (a)(3)(A), (a)(3)(B), or (a)(3)(D) may be allowed if the owner or operator of the storage or treatment facility submits with the application a written waiver from the following:
(1) The appropriate local government agency or other appropriate entity with authority to authorize a waiver to a setback for:
(A) an easement located within the setback distance in subsection (a)(1); or
(B) a public road located within the setback distance in subsection (a)(2).
(2) The owner and occupant of a residence or place of business located within the setback distance in subsection (a)(3)(A) or (a)(3)(B).
(3) The owner of property bordered by a property line located within the setback distance in subsection (a)(3)(D).
(Water Pollution Control Division; 327 IAC 7.1-5.1-2)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 3. (a) A septage storage or treatment facility must be designed:
(1) in compliance with this article; and
(2) to prevent entry of storm water run-on from surrounding areas and control storm water run-off.
(b) The storage or treatment of septage is prohibited in an:
(1) earthen structure; or
(2) underground steel tank.
(c) Storage tanks of synthetic material, fiberglass, and aboveground metal tanks must comply with the following:
(1) The tank material and wall thickness must be adequately engineered to contain the contents.
(2) The tank must be watertight.
(3) A tank previously used to store a substance other than septage must be cleaned to remove all traces of the other substance prior to the addition of septage to the tank.
(4) The tank must be anchored, supported, and bedded to provide structural safety and prevent movement.
(5) An aboveground tank must be supported by a concrete base.
(6) The bottom of the storage tank must at all times be at least two (2) feet above:
(A) the water table; and
(B) bedrock.
(7) An aboveground tank must have protected shutoff valves for all inlet and outlet pipes.
(8) Vents on a tank must not allow disease vectors to enter the tanks.
(9) The tank must be constructed or designed to allow inspection and sampling of contents.
(10) An all-weather access road must be provided to the storage facility sites.
(Water Pollution Control Division; 327 IAC 7.1-5.1-3)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 4. (a) A storage or treatment facility must be constructed to prevent:
(1) leaks and seepage; and
(2) spills that could enter waters of the state.
(b) The commissioner may incorporate conditions into the septage management permit that require testing to verify the storage or treament facility's septage management system:
(1) is consistent with the design standards; and
(2) meets the performance standards established in this article.
(Water Pollution Control Division; 327 IAC 7.1-5.1-4)
327 IAC 7.1-5.1-5 Alternate design and construction or innovative technology
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 5. (a) The use of a design or construction approach other than the requirements specified in this article or an innovative technology may be proposed to the department by the applicant in accordance with the following:
(1) The proposal for the alternative design, construction, or innovative technology must be accompanied by documentation that ensures that the provisions of this article are met.
(2) The proposal must comply with all applicable environmental rules and laws.
(3) The proposal must be submitted with a septage management permit application.
(b) In making a determination on the alternative design, construction, or innovative technology, the commissioner shall consider the following criteria:
(1) Design specifications that ensure adequate structural integrity.
(2) Protective measures that reduce the potential for spills.
(3) Operational practices that provide additional protection.
(4) Threats of adverse impacts to water quality or other specified sensitive areas.
(5) Other criteria related to protection of the environment or human health.
(c) The commissioner shall either:
(1) approve the alternate design and construction, or innovative technology in the permit; or
(2) send a letter to the applicant explaining the basis for the denial of the proposed alternate design, construction, or innovative technology.
(Water Pollution Control Division; 327 IAC 7.1-5.1-5)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 6. (a) A storage or treatment facility must be maintained and operated to prevent any threats to human health or the environment as follows:
(1) An all-weather off-loading area with containment for spill cleanup must be provided where the vehicle contents are received by the storage or treatment facility.
(2) Unauthorized access to the storage or treatment facility must be prevented by locks, and the storage or treatment facility must be fenced and posted.
(3) The storage or treatment facility must be maintained so there is no discharge or seepage of septage other than controlled removal for final disposal of the septage.
(4) The storage or treatment facility must be maintained to prevent safety hazards or disease vector conditions.
(b) Any uncovered storage structure must allow for and maintain a minimum of two (2) feet of freeboard at all times.
(c) Stockpiles of solids resulting from septage treatment at the treatment facility must be:
(1) stored on an impervious surface;
(2) stored for not longer than thirty (30) days at any given time;
(3) maintained to have adequate run-on and run-off control methods; and
(4) covered by a tarp, plastic sheet, or roof if stored for longer than seventy-two (72) hours.
(Water Pollution Control Division; 327 IAC 7.1-5.1-6)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 7. (a) A storage or treatment facility that is no longer being operated or used must be closed.
(b) The person or persons who signed the statement submitted in accordance with section 1(a)(7) of this rule must close the storage or treatment facility in accordance with the following:
(1) The commissioner shall be notified at least thirty (30) days in advance that the storage or treatment facility is to be closed.
(2) Closure, as described in this section, must be completed within one hundred twenty (120) days after the notification required in subdivision (1).
(3) The contents of a storage or treatment facility must be disposed of in a manner consistent with 327 IAC 7.1-7 or 327 IAC 7.1-8.
(4) Aboveground structures must be dismantled and removed.
(5) A certification statement indicating that the requirements of this section have been met must be sent to the commissioner within thirty (30) days after completion of closure. The closure certification will be deemed adequate unless, within ninety (90) days of receipt of the closure certification and subsequent review, the commissioner issues a notice of deficiency of closure, including actions necessary to correct the deficiency.
(Water Pollution Control Division; 327 IAC 7.1-5.1-7)
Rule 6. Septage Vehicle Operation
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1. (a) A copy of the current vehicle license septage management permit issued by the commissioner must be maintained in the vehicle at all times.
(b) A septage management vehicle is subject to the following conditions and any additional conditions contained in the septage management permit:
(1) The vehicle must be used only as authorized by this rule and in compliance with any applicable restrictions or conditions stated in the septage management permit.
(2) The vehicle must not be used for the transport of any of the following:
(A) A hazardous waste that is regulated under 329 IAC 3.1.
(B) Septage containing polychlorinated biphenyls (PCBs) equal to or greater than two (2) milligrams per kilogram on a dry weight basis.
(C) Petroleum based products.
(D) Pesticides.
(3) The vehicles and equipment used in cleaning sewage disposal systems or transporting septage must not be used for purposes other than the hauling of wastewater as defined in 327 IAC 3-1-2(23), animal wastes, landfill leachate, or biosolids as defined in 327 IAC 6.1-2-7, without prior written permission of the commissioner.
(c) An owner or operator may obtain approval for the use of a vehicle that does not meet all the requirements of this rule, but that is determined by the commissioner to provide equivalent protection to human health and the environment as follows:
(1) The owner or operator shall submit documentation to the department that demonstrates the use of the vehicle will provide equivalent protection to human health and the environment.
(2) The vehicle must:
(A) not be used until it has been:
(i) approved by the commissioner; and
(ii) included in a valid septage management permit; and
(B) be operated in accordance with the conditions specified in the septage management permit.
(b) (d) The operator shall remove
wastewater septage from the sewage disposal system
so as in a manner to minimize
the occurrence of spills. Completion of
wastewater septage removal includes the following:
(1) Closing all access openings to the sewage disposal system.
(2) Cleaning up any spilled wastewater. septage.
(3)
Except under subsection (e), providing the customer with a completed, legible invoice showing the following:
(A) The customer's name and address.
(B) The date the customer's sewage disposal system was cleaned.
(C) The amount of wastewater septage removed from the system in gallons.
(D) The name and address of the permitted septage management business.
(E) The permittee's septage management permit number.
(4) The invoice required in subdivision (3) must bear the following:
(A) The name and address of the permitted wastewater management business.
(B) The permittee's wastewater management permit number.
(C) The vehicle license number, as assigned by the commissioner, of the vehicle used in cleaning the customer's sewage disposal system.
(e) If the septage is removed from a portable sanitary unit or chemical toilet, then the invoice in subsection (d) does not need to show the following:
(1) The date on which the septage was removed.
(2) The amount of septage removed.
(c) When transporting wastewater, licensed (f) The transportation of septage must be conducted in compliance with the following:
(1) Vehicles must be maintained to prevent the leakage, spillage, or discharge of wastewater septage onto ground land surfaces or public roads. including the following:
(1) (2) Portable sanitary units, including chemical toilets, and equipment on the vehicle must be:
(A) secured to prevent detachment from the vehicle during transport; and
(2) Portable sanitary units, including chemical toilets, and equipment on the vehicle must be
(B) maintained to prevent any leakage or spillage of wastewater septage during transport.
(Water Pollution Control Division; 327 IAC 7.1-6-1; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3730; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 2. The
septage management vehicle must be equipped with a leak-proof tank suitable for containment of
wastewater septage from cleaning sewage disposal systems and must meet the following requirements unless otherwise specified
under a restricted license: in a septage management permit:
(1) The tank must be securely affixed to the vehicle chassis.
(2) The tank must have a capacity of at least:
(A) one thousand (1,000) gallons when pumping commercial or residential sewage disposal systems; or
(B) two hundred fifty (250) gallons when pumping portable toilets or grease interceptors or traps.
(3) The tank must be constructed of a metal adequate to prevent collapse when a vacuum is created.
(4)
The tank, If more than seven (7) feet long as measured along the axis of vehicle travel,
the tank must contain interior baffles
that must be:
(A) of sufficient cross-sectional area to adequately dampen movement of contained liquid during vehicle travel or braking; The baffles must be
(B) composed of the same material as the tank and must have the same or greater thickness as the tank walls; The baffles must be and
(C) firmly attached to the interior tank wall at least every seven (7) feet along the axis of vehicle travel and must allow for complete draining of the contained wastewater. septage.
(5) The tank must have a discharge opening of a minimum of two and one-half (2 1/2) inches in diameter, and the discharge point shall allow for complete draining of the contained wastewater. septage.
(6) The tank must have watertight valves provided at the tank's inlet and outlet. Watertight caps or plugs must be installed whenever the inlet and outlet openings are not being used to transfer the wastewater. septage.
(7) The tank must be constructed so that its interior and exterior can be cleaned.
(8) A device must be installed on the tank to visually indicate from the exterior of the tank the wastewater septage level in the tank.
327 IAC 7.1-6-3 Vehicle pumping system requirements
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 3. A vehicle pumping system must meet the following requirements:
(1) The inlet and discharge of the sewage pumps must be a minimum of two and one-half (2 1/2) inches in diameter.
(2) The vehicle engine intake manifold must not be used as a vacuum source.
(3) The pump installation must be such that prevent leakage. is prevented.
(4) All exposed connections or openings must be made watertight with caps or plugs when the pumping system is being used to transfer liquid or wastewater. septage.
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 4. A vehicle hose must meet the following requirements:
(1) The hose must:
(A) be maintained in good condition;
(B) have an inside diameter of not less than two and one-half (2 1/2) inches; and
(C) be equipped with leakproof connectors.
(2) The hose must be made of such a material and construction that allows every portion of the interior and exterior can to be cleaned.
(3) All exposed hose openings or connections must be
capped or plugged closed with a watertight
cap or plug when not in use unless the hoses:
(A) have been flushed and rinsed clean; or
(B) are carried in a leakproof storage compartment on the vehicle.
327 IAC 7.1-6-5 Land application vehicle requirements
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 5. Vehicles and equipment that will be used
on-site for
land application by surface application of
wastewater septage must
meet the following requirements:
(1) The vehicle and equipment must have a spray bar or splash plate and a screening device that will distribute the wastewater septage while the vehicle is in motion. The screening device must be capable of preventing the application of materials not defined as wastewater.
(2) The septage screening device must prevent nondegradable materials from being applied to the soil such as:
(A) plastics; and
(B) other objectionable trash.
(3) The wastewater distribution septage screening device must be designed to allow the device to be cleaned.
(4) Waste material removed from the screening device must be disposed at a permitted solid waste disposal facility or by another approved disposal method.
327 IAC 7.1-6-6 Vehicle identification requirements
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 6.
Wastewater A septage management vehicle
identification labeling must
be a minimum of three-eighths (3/8) inch in width and of a color contrasting with the background. Such identification must be maintained in a legible condition at all times. All licensed wastewater management vehicles must bear the following visual identification: meet the following vehicle identification requirements:
(1)
There must be labeled on Both vehicle doors or
on the both vertical front
quarter quarters of the tank
on both sides, where the tank wall is vertical, must have the following information:
(A) The business name. and
(B) The business phone number. followed by
(C) The word "VEHICLE" "IDEM" followed by the vehicle license assigned septage management permit number. assigned by the commissioner, in letters and numbers all at least two (2) inches tall.
(2) The identification information in subdivision (1) must be:
(A) a minimum of three-eighths (3/8) inch in width;
(B) a minimum of two (2) inches tall; and
(C) in a color contrasting with the background.
(2) (3) The maximum capacity of the vehicle tank
shall must be
painted at a location visible at all times:
(A) either on both sides of the tank or at the rear of the tank; and
(B) in letters and numbers at least two (2) inches tall.
(4) The identification information must be maintained in a legible condition at all times.
Rule 7. Septage Disposal
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1.
(a) Septage disposal may be accomplished through:
(1) discharge into a wastewater treatment plant that has a valid National Pollutant Discharge Elimination System (NPDES) permit;
(2) disposal at a permitted municipal solid waste landfill;
(3) disposal at a permitted septage treatment facility;
(4) disposal at a permitted solid waste processing facility in accordance with 329 IAC 11;
(5) disposal at a permitted biomass facility in accordance with 329 IAC 11.5;
(6) for grease only, disposal at an approved biomass facility at a confined feeding operation in accordance with 327 IAC 19; or
(a) Disposal (b) Septage may be
by discharge discharged into a wastewater treatment plant or treatment works collection system that has a valid
National Pollutant Discharge Elimination System NPDES permit
issued by the commissioner under
327 IAC 5 as follows:
(1) The discharge point, method of discharge, and wastewater septage quality must be in accordance with the requirements of the wastewater treatment plant accepting the wastewater. septage.
(2) Wastewater Septage must not be disposed of through a wastewater treatment plant or sewerage system without prior written permission of the responsible official in charge of the wastewater treatment plant. or sewerage system.
(b) Domestic septage, grease, or mixed load may be disposed of in a permitted wastewater treatment facility as follows:
(1) Disposal may be by discharge into a treatment facility specifically designed for the treatment of domestic septage, grease, or mixed load.
(2) Facilities for the treatment of domestic septage, grease, or mixed load must have a valid wastewater management permit issued under 327 IAC 7.1-4.
(c)
Wastewater Septage may be disposed of in a municipal solid waste landfill:
as follows:
(1)
Wastewater may be disposed at a municipal solid waste landfill possessing that has a valid solid waste management permit
from the commissioner in accordance with the rules of the solid waste management board at under 329 IAC 10;
and
(2) Liquid waste must not be accepted for disposal by any municipal solid waste landfill. Free liquid shall be determined utilizing Method 9095 (Paint Filter Liquids Test), as described in the U.S. Environmental Protection Agency Publication SW-846. Free liquids must be removed or solidified before disposal. in accordance with the requirements of the municipal solid waste landfill for septage disposal.
(d) Wastewater may be disposed of at an approved land application site as follows:
(1) Wastewater may be disposed at land application sites in compliance with this article. The wastewater may be in the form of grease, domestic septage, or a mixed load. No disposal of wastewater shall be permitted on the land at any property or location without a valid land application approval issued under 327 IAC 7.1-8.
(2) The contents of chemical toilets or Type III marine sanitation devices must not be land applied under this article.
(3) Sludges or waste products that are not wastewater must not be land applied under this article.
(4) During the period of the approval, land application sites for disposal of wastewater cannot be used for the disposal of animal manures or biosolids as defined in 327 IAC 6.1-2-7.
(e) Wastewater may be stored at a storage facility as follows:
(1) Pending final disposal at an approved land application site.
(2) Facilities for the storage of wastewater must be constructed or installed in compliance with this article.
(3) Facilities for the storage of wastewater must have a valid wastewater management permit issued under 327 IAC 7.1-4.
(Water Pollution Control Division; 327 IAC 7.1-7-1; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3732; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Rule 8. Land Application of Septage
327 IAC 7.1-8-1 Application requirements for land application of septage
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 1.
(a) Septage may only be applied to the land as follows:
(1) The only forms of septage that may be applied to the land are:
(A) domestic septage;
(B) grease; or
(C) a combination of domestic septage and grease.
(2) Land application of the material identified in subdivision (1)(A) through (1)(C) must be conducted in accordance with:
(A) this rule; and
(B) a valid septage management permit that includes approval of the land application sites to be used.
(a) (b) An application
or renewal application for a
wastewater septage land application site
approval, including a renewal, permit must be submitted to the commissioner, on a form provided by the commissioner
An application is considered complete only after all information requested has been submitted.
(b) An application for renewal of an existing land application approval shall be:
(1) postmarked;
(2) hand delivered to the office of land quality, Indiana department of environmental management; or
(3) deposited with a private carrier as shown by the receipt issued by the carrier, if the application is sent by the private carrier to the address for the department on the application;
prior to the expiration date of the permit or the permit will be invalid upon expiration.
(c) The application must and be accompanied by
all of the following:
(1) A statement, signed by the property owner that:
(A) grants permission to dispose of wastewater septage on the property;
(B) acknowledges the crop and use limitations of sections 9 and 10 of this rule for land used for wastewater land application as set forth by this rule; of septage; and
(C) states activities specified in the permit application are not prohibited by any covenant of record.
(2)
The name, mailing address, and telephone number of the Property owner
contact information, including the following:
(A) Name.
(B) Mailing address.
(C) Telephone number.
(D) Electronic mail address, if available.
(3) A county map clearly indicating the location of the property on which wastewater application is proposed.
(4) (3) An accurate drawing
or aerial photograph that meets the following criteria:
(A) It must clearly delineating delineate the proposed wastewater septage application site and the area within one-quarter (1/4) mile of the site in all directions. The drawing
(B) It must use a scale of one (1) inch per one hundred (100) feet and show north. The drawing shall
(C) It must clearly and accurately indicate the location of all features of interest, including the following:
(A) (i) Potable water supplies.
(B) (ii) Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water.
(C) (iii) Drainage inlets and tile systems.
(D) (iv) Rock outcrops, sinkholes, or undrained depressions.
(E) (v) The location and use of all structures, including residences or places of business and any public gathering places.
(F) (vi) The location of all property lines, easements, and public roads.
(G) (vii) The critical habitat of endangered or threatened species.
(H) Historical (viii) Historic sites.
(I) (ix) Public water supply surface intake structures.
(J) (x) Public water supply wells.
(5) (4) A soil survey map
or a report by a soil scientist registered under IC 25-31.5 or certified by the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS), classifying the soils
and their permeabilities within the proposed site.
and specifying the site's suitability for wastewater disposal by indicating the following:
(A) That at least three (3) feet of soil exists at all times between the point of application and the:
(i) water table;
(ii) bedrock; or
(iii) both clauses (A) and (B).
(B) That the land application site is not located in the flood plain of the base flood or one hundred (100) year flood.
(C) That the soil permeability is slower than or equal to six (6) inches per hour for the first three (3) feet below the point of application.
(5) A soil analysis that includes the phosphorus concentration in the soil of the proposed land application site analyzed within the past six (6) months in accordance with the phosphorus test methods in Chapter 6 of "Recommended Chemical Soil Test Procedures for the North Central Region"*.
(6) For approval by the commissioner of alternative nutrient application rates under section 7(a)(4) of this rule, the following records must be submitted for the proposed land application site:
(A) Harvest records for the previous three (3) years.
(B) A soil analysis reporting fertilizer recommendations.
(C) The nitrogen requirement for the specific crop to be grown on the site.
(D) The phosphorus removal rate for the specific crop to be grown on the site.
(6) (7) Additional information from the owner or operator as follows:
(A) A statement regarding the form or forms Identification of wastewater the septage to be land applied at the site as domestic septage, grease, or mixed load. a combination of domestic septage and grease.
(B) Facts demonstrating that the site is not located in a sensitive area as defined at
327 IAC 7.1-2-34.
(C) Facts demonstrating that the site:
is land with a low potential for public exposure as defined at 327 IAC 7.1-2-21.
(i) has restricted access;
(ii) is inaccessible to the public; or
(iii) is not used by the public during normal work or recreational activities.
(D) The number of acres of area available for the application site after setbacks have been taken into consideration.
(E) A description of all land application methods to be utilized used at the site.
(F) The estimated annual amount of wastewater septage to be applied at the site.
(G) The total amount of wastewater septage that has been applied to the site in all previous years.
(H) A plan indicating what crops are to be grown on the site during the effective period of the approval permit or if the site will be pasture land or set aside.
(7) (8) A fee of thirty dollars ($30) per site per year.
(c) In addition to the soil survey map required in subsection (b)(4), for soil types that generally have a high water table or fast permeability, the applicant may submit a report by a soil scientist registered under IC 25-31.5 or certified by the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS), with the following information:
(1) The depth to the water table from the land surface.
(2) The depth to bedrock.
(3) Evidence that the land application site is not located in a flood plain.
(d) An application for renewal of an existing land application permit must be:
(1) postmarked;
(2) hand delivered to the office of land quality, Indiana department of environmental management;
(3) submitted electronically as specified by the department; or
(4) deposited with a private carrier as shown by the receipt issued by the carrier, if the application is sent by the private carrier to the address for the department on the application;
at least one hundred twenty (120) days prior to the expiration date of the permit or the permit will be invalid upon expiration.
(d) Wastewater land application sites will not be approved unless the requirements of subsection (c), including, but not limited to, the site location and soil requirements, are met.
*This document is incorporated by reference. Copies of "Recommended Chemical Soil Test Procedures for the North Central Region", North Central Regional Research Publication No. 221, revised August 2015, Missouri Agricultural Experiment Station, SB 1001, may be obtained from the University of Missouri Extension, Columbia, Missouri, https://extension2.missouri.edu/sb1001, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-8-1; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3732; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-8-2 Land application site prohibitions
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 2. The application of
wastewater septage at a land application site must not:
(1) cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife;
(2) result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR 17.11* and 50 CFR 17.12*;
(3) cause a discharge of pollutants into waters of the state that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES)
program under
327 IAC 5;
(4) cause nonpoint source pollution to waters of the state;
(5) contaminate a drinking water source;
(6) cause soil erosion; or
(7) be located in a sensitive area; flood plain;
(8) be on a land application site that has a soil concentration of phosphorus of more than two hundred (200) parts per million;
(9) be from a portable sanitary unit or type III marine sanitation device; or
(10) be made to sites where manure or biosolids, as defined in 327 IAC 6.1-2-7, are applied.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-8-2; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3733; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 3. (a) The commissioner may issue or renew
a requirements for land application
approval in a septage management permit only after the following:
(1) Receipt by the department of a completed application in accordance with section 1 of this rule.
(2) An inspection A review of the proposed land application site to determine if the site and proposed methods of application will comply with the requirements of this rule.
(3) A valid
wastewater septage management permit:
(A) has been issued to the applicant under this article; or
(B) will be issued at the same time as the land application requirements.
(b) An approval may be renewed with new or modified conditions based on the information provided in subsection (a).
(c) The commissioner may:
(1) deny an approval application or a renewal approval;
(2) limit the length of an approval or renewal approval to one (1) year; or
(3) place additional conditions on an approval or renewal. approval;
if the commissioner determines that one (1) or more of the criteria in subsection (d) demonstrate the applicant's inability or unwillingness to manage wastewater under the requirements of IC 13-18-12 or this article.
(d) (b) The commissioner may deny, limit the length of, or place additional conditions on
an approval a permit or
permit renewal
approval based on one (1) or more of the following:
(2) The applicant's previous approval or permit to operate has been revoked by the commissioner under
(A) this article. or
(3) The applicant has a history of one (1) or more violations of
IC 13 or rules promulgated
by under the authority of
IC 13.
(4) The applicant was the subject of one (1) or more administrative or judicial enforcement actions concerning
wastewater septage management under this article.
or 327 IAC 7, which was repealed in 2002.
(5) The applicant is the subject of one (1) or more pending administrative or judicial enforcement actions commenced under authority of
IC 13.
(e) (c) The application for,
an approval or the issuance of,
an approval a permit does not:
(1) convey any property rights of any sort or any exclusive privileges to the applicant or approval permit holder;
(2) authorize:
(A) any injury to any person or private property;
(B) invasion of other property rights; or
(C) any infringement of federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other federal, state, or local requirements.
(f) After the transition process described in section 6 of this rule, all approvals shall (d) A permit must not be issued for:
(1) a period not to exceed of more than three (3) years unless limited to one (1) year under subsection (c); No approval shall be issued for (b); or
(e) Land application approvals in a septage management permit are not transferable.
(Water Pollution Control Division; 327 IAC 7.1-8-3; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3734; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 5.
All wastewater A septage land application
approvals shall be issued subject to permittee must comply with the following conditions and
such any additional conditions
as may be stated on the approval: in the permit required by the commissioner to protect human health or the environment:
(1) The valid wastewater septage land application approval permit or copy of the approval permit must be carried in any vehicle disposing of wastewater septage at an application site at all times. such approval
(2) The permit or copy of the approval permit must be available for inspection by representatives of the commissioner department or any law enforcement officer.
(2) (3) Surface application must be performed using equipment described in
327 IAC 7.1-6-5.
(3) (4) The property on which the
wastewater septage land application site is located must be posted with signs:
(A) reading, "NO TRESPASSING"; Such signs must be posted and
(B) along all access points to the site.
(4) (5) The usable portion of
any a land application site
must be that is the area
that is:
(A) indicated on the permit application; for approval and
(B) remaining after setbacks and all other restrictions are applied; This area must be and
(C) clearly marked every one hundred (100) yards at its boundaries by flags or other boundary markers.
(5) The applicable requirements of this rule must be met.
(6) Land application approvals are not transferable.
(6) The septage must:
(A) be surface spread or injected uniformly to prevent overlapping; and
(B) not be spot dumped from stationary vehicles.
(7) All other applicable requirements of this rule.
327 IAC 7.1-8-7 Land application rates, record keeping, and reporting
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 7. (a)
Except as approved by the commissioner under subdivision (4), the amount of
wastewater septage to be applied
shall must not exceed the following:
except as approved by the commissioner under subdivision (2):
(1)
For a soil phosphorus concentration of fifty (50) parts per million or less, the annual application rate for
domestic septage
or mixed load shall based on the nitrogen requirement of the crop grown on the land application site must not exceed
the following:
(A) seventy-six thousand (76,000) Fifty-three thousand (53,000) gallons per acre based on two hundred (200) pounds of nitrogen, on land being prepared for growing a corn crop grown during the next growing season.
(B) Thirty-eight thousand (38,000) gallons per acre based on one hundred (100) pounds of nitrogen, on land being prepared for growing soybeans, an alfalfa, soybean, wheat, or hay crop grown during the next growing season.
(C) Nineteen thousand (19,000) gallons per acre based on fifty (50) pounds of nitrogen, on land that is grass, pasture, or set aside or otherwise idle for continued growth during the current growing season.
(2)
Proposed wastewater For a soil phosphorus concentration of between fifty-one (51) and one hundred (100) parts per million, the annual application
rates that: rate for septage based on the phosphorus removal rate of the crop grown on the land application site must not exceed the following:
(A) will exceed the maximum amount of nitrogen specified in subdivision (1); or Twelve thousand (12,000) gallons per acre based on a corn crop grown on the site during the next growing season.
(B) are for crops for which no maximum amount of nitrogen is specified in subdivision (1) may be approved by the commissioner if an equivalent or greater protection to the environment or public health can be shown. The U.S. Environmental Protection Agency formula for annual application rates must be used to compute the proposed rates*. Nine thousand (9,000) gallons per acre based on a soybean crop grown during the next growing season.
(C) Ten thousand four hundred (10,400) gallons per acre based on a wheat crop grown during the next growing season.
(D) Thirteen thousand (13,000) gallons per acre based on an alfalfa crop grown during the current growing season.
(E) Eleven thousand two hundred (11,200) gallons per acre based on grass or a hay crop grown in the current growing season.
(3) For a soil phosphorus concentration of between one hundred one (101) and two hundred (200) parts per million, the annual application rate for septage based on the phosphorus removal rate of the crop grown on the land application site must not exceed the following:
(A) Eight thousand (8,000) gallons per acre based on a corn crop grown during the next growing season.
(B) Six thousand (6,000) gallons per acre based on a soybean crop grown during the next growing season.
(C) Seven thousand (7,000) gallons per acre based on a wheat crop grown during the next growing season.
(D) Eight thousand seven hundred (8,700) gallons per acre based on an alfalfa crop grown during the current growing season.
(E) Seven thousand five hundred (7,500) gallons per acre based on a hay crop grown during the current growing season.
(F) Land application is prohibited on set aside land.
(4) The commissioner may approve alternative annual nutrient application rates proposed in the permit application based on site-specific harvest records or the crop removal rates:
(A) when harvest records indicate the need for a higher application rate than specified in subdivisions (1) through (3); or
(B) for a crop where no maximum rate is specified in subdivisions (1) through (3).
(5) Annual nitrogen application rates are determined using the following formula:
| |
| Where: | AAR means annual application rate |
| | N means crop nitrogen requirement |
(6) Application rates limited by the soil phosphorus concentration are determined using one (1) of the following formulas:
(A) For subdivision (2), the following formula:
| |
| Where: | CRR means crop removal rate (amount of phosphorus removed by the crop) based on the crop removal rates published in the Natural Resources Conservation Service, Conservation Practice Standard, Nutrient Management, Code 590*, October 2013. |
| | Y means crop yield |
(B) For subdivision (3), the following formula:
| |
| Where: | CRR means crop removal rate (amount of phosphorus removed by the crop) based on the crop removal rates published in the Natural Resources Conservation Service, Conservation Practice Standard, Nutrient Management, Code 590*, October 2013. |
| | Y means yield |
(3) (7) The maximum annual rate for grease only shall must not exceed ten thousand (10,000) gallons per acre.
(4) Land application of wastewater shall cease at the site when a total of two hundred thousand (200,000) gallons per acre of wastewater has been applied. The commissioner must then be notified prior to further land application at the site. The commissioner shall require soil tests for heavy metals and PCBs utilizing representative soil samples from the areas of application to ensure that conditions are not created which would endanger public health or have an adverse impact on vegetation and future crop utilization. The initial test results must be submitted to and approved by the commissioner prior to further land application at the site. The initial test results will be used to determine if and at what frequency tests for heavy metals and PCBs will be required by the commissioner from the approval holder in the future to ensure that conditions are not created which would endanger public health or have an adverse impact on vegetation and future crop utilization.
(5) The wastewater must be surface spread or injected uniformly to prevent overlapping. Spot dumping from stationary vehicles is not permitted.
(8) When two hundred thousand (200,000) gallons per acre of septage have been applied to a site, the permittee shall cease land application until the following actions haven been taken:
(A) The permittee shall collect representative soil samples and have them analyzed for the following parameters:
(i) Arsenic.
(ii) Cadmium.
(iii) Copper.
(iv) Lead.
(v) Mercury.
(vi) Molybdenum.
(vii) Nickel.
(viii) Selenium.
(ix) Zinc.
(x) PCBs.
(B) The permittee shall submit the results of the soil test to the department with a request to resume land application at the site.
(C) The commissioner shall:
(i) review the test results to determine whether land application may continue at the site; and
(ii) notify the permittee with a decision on whether land application may resume.
(9) After two hundred thousand (200,000) gallons per acre of septage have been applied to a site, for each subsequent septage management permit application that requests approval for land application of septage at the site, the applicant shall:
(A) conduct soil sampling as required in subdivision (8); and
(B) submit the results to the commissioner.
(6) (10) The operator must keep an operating record of the amount of
wastewater septage applied
This record must be: that is:
(A) updated each application day; and
(B) located at the permitted wastewater septage management business address; and
(C) made available to representatives of the commissioner during normal business hours for inspection.
(b) For each day that wastewater septage is land applied the operator must record and retain for five (5) years on a land application report form the following information: as follows:
| | | | | | | |
| | Land Application for the _____ Quarter of ______ |
Business Name: ___________________ |
Business Permit Number: ___________________ |
Site ID Number & County: ___________________ | Page _____ of _____ |
Date of Application | Volume Applied in Gallons | Type of Load Septic/Mixed/Grease | Method of Application | Number of Acres Used | Crop Nitrogen Requirement | pH and Duration (test1/test
2) | Vehicle Operator |
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I certify under penalty of law that the pathogen requirements and the vector attraction reduction requirements in 327 IAC 7.1-8 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment. |
Permittee's Signature:_______________________________________ |
Date: ______________ | Total Gallons of Wastewater Applied this Quarter: ___ |
(1) Business name.
(2) Business permit number assigned by the commissioner. identified in the permit.
(3) The site identification number assigned by the commissioner. identified in the permit.
(4) County in which the wastewater is applied. A map identifying the area of the site where septage was applied.
(5) The date wastewater is septage was applied to each site.
(6) The volume, in gallons, at which wastewater is of septage that was applied to each site.
(7) Whether the type of the wastewater load septage applied was domestic septage, mixed load, or grease, or a combination of domestic septage and grease.
(8) Method of application.
(9) Number of acres used.
(10) The nitrogen requirement for the crop or vegetation to be grown on the site based on the pounds of nitrogen specified in subsection (a)(1)(A), (a)(1)(B), or (a)(1)(C), or as approved by the commissioner under subsection (a)(2). projected crop or site use, if no crop is grown.
(11) pH and duration (test twice, at the start of the required time and at the end of the required time). temperature of the septage, including the date and time the pH and temperature are monitored.
(12) Vehicle operator.
(13) The certification statement, "I certify under penalty of law that the pathogen requirements and the vector attraction reduction requirements in
327 IAC 7.1-8 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.".
*The annual application rates are based on the U. S. Environmental Protection Agency formula as follows: Annual Application Rate equals pounds of nitrogen per year per crop divided by 0.0026 (AAR ' N/0.0026).
(c) The owner or permittee shall submit a quarterly report to the department concerning land application of septage as follows:
(1) The report must be submitted on a form provided by the department.
(2) All the information requested on the form must be included.
(3) The report must be submitted within thirty (30) days of the last day of each calendar quarter.
(4) The report must be signed by the owner, permittee, or the authorized agent of the owner or permittee.
*This document is incorporated by reference. Copies may be obtained from the Indiana Natural Resources Conservation Service (NRCS) State Office, 6013 Lakeside Boulevard, Indianapolis, IN 46278, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Water Pollution Control Division; 327 IAC 7.1-8-7; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3736; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 8. Wastewater shall Septage must not be applied or be allowed to drain closer to the following features of interest than the following minimum setbacks: indicated below:
| | |
| | Method of Land Application |
| Features of Interest | Surface Spreading | Surface Spreading with Incorporation or Injection |
| Potable water supplies | 500 feet | 500 feet |
| Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water | 200 feet | 100 feet |
| Drainage inlets and tile systems | 100 feet | 50 feet |
| Rock outcrops, sinkholes, or undrained depressions | 100 feet | 50 feet |
| Residences, places of business, or public gathering places | 600 feet | 500 feet |
| Public roads | 300 feet | 200 feet |
| Property lines or easements | 100 feet | 50 feet |
| Historic sites | 1,000 feet | 1,000 feet |
The Critical habitat habitats of endangered or threatened species | 1,000 feet | 1,000 feet |
| Public water supply well or public water supply surface intake structure | 1,000 feet | 1,000 feet |
(Water Pollution Control Division; 327 IAC 7.1-8-8; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3738; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-8-9 Land application management practices
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 9. (a) The land application of
wastewater septage must be performed
only in accordance with the following:
(1)
No Prior to land application, loads containing domestic septage
or mixed load may be disposed at a land application site unless the domestic septage or mixed load has been must be treated to reduce pathogens
prior to disposal as follows:
(A) If the load is domestic septage only:
(i) the pH must be raised to twelve (12) or higher by addition of alkaline material and, without the addition of more alkaline material, shall must remain at twelve (12) or higher for at least thirty (30) minutes; and
(ii) this test the procedure must be done twice, at a minimum of two (2) times, once at the start of thirty (30) minutes and once at the end of thirty (30) minutes.
(B) If the load is a
mixed load, then combination of domestic septage and grease:
(i) the pH must be raised to twelve (12) or higher by addition of alkaline material and, without the addition of more alkaline material, shall must remain at twelve (12) or higher for at least two (2) hours; and
(ii) This test the procedure must be done twice, at a minimum of two (2) times, once at the start of two (2) hours and once at the end of two (2) hours.
(C) For clauses (A) and (B), a temperature reading of the septage must be taken at the same time the pH reading is taken and a temperature correction must be performed if the temperature is not twenty-five (25) degrees Centigrade (seventy-seven (77) degrees Fahrenheit), as follows:
(i) For every degree the temperature is above twenty-five (25) degrees Centigrade (seventy-seven (77) degrees Fahrenheit), pH must be adjusted up three one-hundredths (.03) pH units.
(ii) For every degree the temperature is below twenty-five degrees (25) Centigrade (seventy-seven (77) degrees Fahrenheit), pH may be adjusted down three one-hundredths (.03) pH units.
(C) Processes (D) A process to reduce pathogens other than lime stabilization may be utilized used only as listed and described in 40 CFR 257, Appendix II A. 40 CFR 503*.
(D) Any (E) A process to reduce pathogens in domestic septage or a mixed load combination of domestic septage and grease other than lime stabilization must be approved by the commissioner prior to use based on a plan submitted by the approval holder permittee specifying how that the specific treatment process will be utilized. used.
(2) Grease must not be disposed of at any land application site unless injection or incorporation into the soil occurs within six (6) hours after application.
(3) Each container of
wastewater septage applied to the land
shall must be monitored by the operator for compliance with the:
(A) treatment process for domestic septage mixed loads, or a combination of domestic septage and grease; or the
(B) land application method utilized used under subdivision (2) for grease.
(4) Land application is prohibited under any of the following
environmental conditions:
(A) When either or both of the following occurs:
(i) The surface soil temperature is less than thirty-two (32) degrees Fahrenheit at the time of intended application.
(ii) The site is snow covered.
(B) When the moisture holding capacity of the soil has been exceeded.
(C) On slopes greater than six percent (6%).
(D) On any area of the site when a soil type within the boundary of the site is reported to have a seasonal water table within three (3) feet of the land surface as:
(i) determined using United States Department of Agriculture, Indiana Natural Resources Conservation Service (USDA NRCS) soil survey data**; or
(ii) certified by:
(AA) a soil scientist registered under IC 25-31.5; or
(BB) the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS).
(C) (E) Under any other conditions that would result in, or are likely to result in, run-off of wastewater septage from the site of application.
(5)
Under no conditions shall wastewater Septage must not be:
(A) discharged or allowed to drain to the waters of the state; Wastewater shall not be or
(B) applied to:
(A) (i) road ditches; or
(B) (ii) swales, sink holes, field depressions, or channels that carry running water during snow melt or rainfall.
(6) Wastewater Septage that is surface applied shall must not be allowed to pool, pond, or remain as a liquid on the ground for more than twenty-four (24) hours after application.
(7) Injection of wastewater septage below the surface of the land must leave no significant amount of the wastewater septage present on the land within one (1) hour after application.
(8) All wastewater septage must be disposed so that no threat to human health or the environment is created.
(b)
The following requirements apply to land that is used for the application of
a mixed load or grease
or a combination of domestic septage and grease:
(1) The land must not be used for the production of any food crop unless the soil is tested yearly annually and the results found acceptable under meet the requirements of 40 CFR 257.3-5(a)(1)*, using the definitions found in 40 CFR 257.3-5(c)*.
(2) The test results must be submitted to IDEM the department on a yearly an annual basis.
(3) The land is subject to the limitations and restrictions regarding land use and crop management also must be followed. in section 10 of this rule.
(c) Land that is used for the application of only domestic septage may be used for the production of food crops when the limitations and restrictions regarding land use and crop management contained in section 10 of this rule are followed.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
**USDA NRCS soil survey data can be found at https://websoilsurvey.sc.egov.usda.gov/App/ HomePage.htm.
(Water Pollution Control Division; 327 IAC 7.1-8-9; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3738; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
327 IAC 7.1-8-10 Limitations and restrictions regarding land use and crop management
Authority:
IC 13-14-8;
IC 13-18-12-4
Sec. 10. (a) The
following limitations and restrictions on land use and crop management
must be followed where grease only has been land applied
are as follows:
(1) Access to the site by the public must be prohibited for twelve (12) months following the last grease application.
(2) Access to the site by animals whose products are consumed by humans must be prevented for at least thirty (30) days following the last grease application.
(3) Food crops for direct human consumption must not be grown for eighteen (18) months following the last grease application.
(b) The following limitations and restrictions on land use and crop management must be followed where domestic septage only has been land applied:
(1) Food crops with harvested parts that touch the septage and soil mixture and are totally aboveground must not be harvested for fourteen (14) months after application of domestic septage.
(2) Food crops with harvested parts below the surface of the land must not be harvested for twenty (20) months after application of domestic septage when the domestic septage remains on the land surface for four (4) months or longer prior to incorporation into the soil.
(3) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight (38) months after application of domestic septage when the domestic septage remains on the land surface for less than four (4) months prior to incorporation into the soil.
(4) Animal feed, fiber, and those food crops whose harvested parts do not touch the soil surface must not be harvested for thirty (30) days after application of the domestic septage.
(5) Turf grown on land where domestic septage is applied must not be harvested for one (1) year after application of the domestic septage when the harvested turf is placed on either a lawn or land with a high potential for public exposure.
(c) (b) The
following limitations and restrictions on land use and crop management
must be followed where a
mixed load
containing domestic septage or domestic septage and grease has been land applied
are as follows:
(1) Access to the site by the public must be prohibited for twelve (12) months following the last mixed load land application.
(2) Access to the site by animals whose products are consumed by humans must be prevented for at least thirty (30) days following the last mixed load land application.
(3) Food crops for direct human consumption must not be grown for eighteen (18) months following the last mixed load land application.
(4) Food crops with harvested parts that touch the mixed load domestic septage or combination of domestic septage and grease and soil mixture and are totally aboveground must not be harvested for fourteen (14) months after the last land application. of the mixed load.
(5) Food crops with harvested parts below the surface of the land must not be harvested for twenty (20) months after the last land application of the mixed load when the mixed load septage remains on the land surface for four (4) months or longer prior to incorporation into the soil.
(6) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight (38) months after the last land application of the mixed load when the mixed load septage remains on the land surface for less than four (4) months prior to incorporation into the soil.
(7) Animal feed, fiber, and those food crops whose harvested parts do not touch the soil land surface must not be harvested for thirty (30) days after the last land application. of the mixed load.
(8) Turf grown on land where the mixed load septage is applied must not be harvested for one (1) year after the last application of the mixed load septage when the harvested turf is placed on either a lawn or land with a high potential for public exposure.
(Water Pollution Control Division; 327 IAC 7.1-8-10; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3739; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFA; readopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFA)
Posted: 05/15/2019 by Legislative Services Agency
DIN: 20190515-IR-327140029SNA
Composed: Apr 19,2024 7:40:48AM EDT
A
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