# 7 Del. Admin. Code § 7202: 7 DE Admin. Code 7202. Regulations Governing Use and Disposal of Wastewater Sludge

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## Section

- **Citation:** 7 Del. Admin. Code § 7202
- **Heading:** 7 DE Admin. Code 7202. Regulations Governing Use and Disposal of Wastewater Sludge
- **Jurisdiction:** Delaware
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Administrative Code / Title 7 Natural Resources and Environmental Control / 7000 Division of Water / 7200 Surface Water Discharges Section / 7 DE Admin. Code 7202

## Text

TABLE 4.1.1-1 RANGE OF ORGANIC PRIORITY POLLUTANTS TYPICAL OF MUNICIPAL SLUDGE IN THE U.S.
VOLATILE COMPOUNDS (PURGEABLE) | Parts Per Million Concentration (Dry Weight Basis)
Benzene | 0.29 - 7.3
Carbon tetrachloride | 0.9 - 22
Chlorobenzene | 0.23 - 5.8
Chloroform | 0.17 - 4.2
1,2-Dichloroethane | 5 - 125
Methylene Chloride | 1.7 - 43
Tetrachloroethylene | 0.69 - 17
Toluene | 340 - 8,600
Trichloroethylene | 1.8 - 46
Vinyl chloride | 7.1 - 180
ACID COMPOUNDS (ACID EXTRACTABLE)
Pentachlorophenol | 2.1 - 52
Phenol | 39 - 96
2,4,6-Trichlorophenol | 0.46 - 12
BASE/NEUTRAL COMPOUNDS (BASE/NEUTRAL EXTRACTABLE)
Benzo(a)anthracene | 1.8 - 46
Benzo(a)pyrene | 51 - 1300
bis(2-Ethylhexyl)phthalate | 32 - 790
Chrysene | 1.7 - 42
3,3-Dichlorobenzidine | 0.33 - 8.2
Hexachlorobenzene | 0.25 - 6.2
Hexachlorobutadiene | 0.9 - 22
n-Nitrosodimethylamine | 0.008 - 0.2
Phenanthrene | 1.2 - 30
Pyrene | 1.4 - 34
PESTICIDES AND PCB’S
Aldrin | 0.03 - 0.75
Gamma-BHC (Lindane) | 0.004 - 0.01
2,4-D | - 23
4,4-DDT | 0.056 - 1.4
4,4-DDE | 0.0012 - 0.3
4,4-DDD | 0.042 - 1
Dieldrin | 0.004 - 0.1
Endrin | ND
Heptachlor | 0.004 - 0.1
Malathion | 0.13 - 3.2
PCB’s | 6 - 50*
Toxaphene | 1.6 - 39
TABLE 4.1.1-2 CEILING CONCENTRATIONS
Pollutant | Ceiling concentration (milligrams per kilogram) 1
Arsenic | 75
Cadmium | 85
Chromium | 3000
Copper | 4300
Lead | 840
Mercury | 57
Molybdenum | 75
Nickel | 420
Selenium | 100
Zinc | 7500
TABLE 4.1.1-3 POLLUTANT CONCENTRATIONS
Pollutant | average concentration (milligrams per kilogram)
Arsenic | 41
Cadmium | 39
Chromium | 1200
Copper | 1500
Lead | 300
Mercury | 17
Molybdenum | 18
Nickel | 420
Selenium | 36
Zinc | 2800
TABLE 4.1.1-4 CUMULATIVE POLLUTANT LOADING RATES
Pollutant | Cumulative pollutant loading rate (kilograms per hectare)
Arsenic | 41
Cadmium | 39
Chromium | 3000
Copper | 1500
Lead | 300
Mercury | 17
Molybdenum | 18
Nickel | 420
Selenium | 100
Zinc | 2800
TABLE 4.1.1-5 ANNUAL POLLUTANT LOADING RATE
Pollutant | Annual pollutant loading rate (kilograms per hectare per 365 day period)
Arsenic | 2.0
Cad
ABLE 4.1.1-4 CUMULATIVE POLLUTANT LOADING RATES
Pollutant | Cumulative pollutant loading rate (kilograms per hectare)
Arsenic | 41
Cadmium | 39
Chromium | 3000
Copper | 1500
Lead | 300
Mercury | 17
Molybdenum | 18
Nickel | 420
Selenium | 100
Zinc | 2800
TABLE 4.1.1-5 ANNUAL POLLUTANT LOADING RATE
Pollutant | Annual pollutant loading rate (kilograms per hectare per 365 day period)
Arsenic | 2.0
Cadmium | 1.9
Chromium | 150
Copper | 75
Lead | 15
Mercury | 0.85
Molybdenum | 0.95
Nickel | 21
Selenium | 5.0
Zinc | 140
Time After sludge Applic. (years) | Unstabilized Primary and Waste Activated | Aerobically Digested | Anaerobically Digested | Composted
F % N o * | K m kg/mt/%N o | F % N o | K m kg/mt/%N o | F % N o | K m kg/mt/%N o | F % N o | K m kg/mt/%N o
0-1 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-10 10-yr steady state | 40 20 10 5 3 3 3 3 3 3 93 | 4.00 1.20 0.48 0.22 0.12 0.12 0.12 0.11 0.11 0.11 | 30 15 8 4 3 3 3 3 3 3 75 | 3.00 1.05 0.45 0.21 0.16 0.15 0.15 0.15 0.15 0.15 | 20 10 5 3 3 3 3 3 3 3 56 | 2.00 0.80 0.36 0.21 0.20 0.19 0.19 0.18 0.18 0.17 | 10 5 3 3 3 3 3 3 3 3 39 | 1.00 0.45 0.25 0.25 0.24 0.23 0.23 0.22 0.21 0.21
Title 7 Natural Resources and Environmental Control
7200 Surface Water Discharges Section
7200 Surface Water Discharge Section
7202 Regulations Governing Use and Disposal of Wastewater Sludge
Amended October 15, 1999
1.0 Authority and Scope
1.1 Authority
1.1.1 Delaware Code, Chapter 60; and Sections 405(d) and (e) of the Clean Water Act, as amended by Pub. L. 95-217, Sec. 54 (d), 91 Stat. 1591 (33 U.S.C. 1345 9 d) and (e); and Pub. L. 100-4, Title IV, Sec. 406 (a), (b), 101 Stat., 71, 72 (33 U.S.C. 1251 et seq.) code of Federal Regulations, Part 503 - Standards for the Use of Disposal of Sewage Sludge
15, 1999
1.0 Authority and Scope
1.1 Authority
1.1.1 Delaware Code, Chapter 60; and Sections 405(d) and (e) of the Clean Water Act, as amended by Pub. L. 95-217, Sec. 54 (d), 91 Stat. 1591 (33 U.S.C. 1345 9 d) and (e); and Pub. L. 100-4, Title IV, Sec. 406 (a), (b), 101 Stat., 71, 72 (33 U.S.C. 1251 et seq.) code of Federal Regulations, Part 503 - Standards for the Use of Disposal of Sewage Sludge.
1.2 Scope
1.2.1 This regulation establishes standards which consist of general requirements, pollution limits, management practices and operational standards for the final use or disposal of sludge generated in the treatment of wastewater at a wastewater treatment or wastewater pretreatment facility. Standards are included in this part for sewage sludge applied to land, sold or given away in bag or bulk or used for research purposes.
1.2.2 The regulation also provides standards for all persons engaged in the collection, handling, generation, preparation, storage, and transportation of sludge, treated sludge or any product containing these materials in the State of Delaware.
1.2.3 These regulations supersede the Delaware Solid Waste Disposal Regulations of the Department of Natural Resources and Environmental Control, dated December 1994 regarding sludge or any material containing sludge.
1.2.4 This regulation in its entirety is effective immediately upon promulgation.
2.0 Definitions.
The following terms have the meanings indicated.
“ Aerobic digestion " is the biochemical decomposition of organic matter in sewage sludge into primarily carbon dioxide and water by microorganisms in the presence of air.
“ Anaerobic digestion " is the biochemical decomposition of organic matter in sewage sludge into methane gas and carbon dioxide by microorganisms in the absence of air.
“ Agricultural land " is land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture
e sludge into primarily carbon dioxide and water by microorganisms in the presence of air.
“ Anaerobic digestion " is the biochemical decomposition of organic matter in sewage sludge into methane gas and carbon dioxide by microorganisms in the absence of air.
“ Agricultural land " is land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.
“ Agricultural utilization " means the application rate of wastes or sludge or sludge products which shall not exceed the nutrient needs of the crop grown on the particular soil plus the other assimilative pathways in soils (e.g. immobilization with organic material, volatilization, and leachate in compliance with drinking water standards).
“ Agricultural waste s" means wastes normally associated with the production and processing of food and fiber on farms, feedlots, ranches, ranges, and forests which may include animal manure, crop residues, and dead animals; also agricultural chemicals, fertilizers and pesticides which may find their way into surface and subsurface water.
“ Agronomic rate " is the whole sludge application rate (dry weight basis) designed:
(1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and
(2) To minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the ground water.
" Annual pollutant loading rate " is the maximum amount of a pollutant that can be applied to a unit area of land during a 365 day period.
" Annual whole sludge application rate " is the maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365 day period.
" Applier " is a person who is responsible for applying stabilized sewage sludge to a parcel of land.
" Aquifer " is a geologic formation, grouping of geologic formations, or a portion of a geologic formation capable of yielding ground water to wells or springs
ation rate " is the maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365 day period.
" Applier " is a person who is responsible for applying stabilized sewage sludge to a parcel of land.
" Aquifer " is a geologic formation, grouping of geologic formations, or a portion of a geologic formation capable of yielding ground water to wells or springs.
" Base flood " is a flood that has a one percent chance of occurring in any given year.
" Bulk sewage sludge " is Exceptional Quality sludge that is not sold or given away in a bag or other container for application to the land.
" Collection " means any action involved in the gathering or subsequent placement or sludge, treated sludge, or any other product containing these materials, into a vehicle, container or any other vessel for transportation to some other location.
" Cover " is soil or other material used to cover sewage sludge placed on an active sewage sludge unit.
" Cover crop " is a small grain crop, such as oats, wheat, or barley, grown to prevent nitrogen leaching during the winter months.
" Crops for direct human consumption " means crops that are consumed by humans without processing. (17) "Cumulative pollutant loading rate" is the maximum amount of an inorganic pollutant that can be applied to an area of land.
" Density of microorganisms " is the number of microorganisms per unit mass of total solids (dry weight) in the sewage sludge.
" Department " means the Department of Natural Resources and Environmental Control.
" Disposal " means the discharge, deposit, injection, dumping, spilling, leaking, or placing of sludge, any material containing sludge, or any constituent of it on or in the land, the air or any waters, including ground water, and includes any method of sludge utilization that involves reuse of nutrients in the sludge at greater than agronomic rates (this excludes land reclamation)
mental Control.
" Disposal " means the discharge, deposit, injection, dumping, spilling, leaking, or placing of sludge, any material containing sludge, or any constituent of it on or in the land, the air or any waters, including ground water, and includes any method of sludge utilization that involves reuse of nutrients in the sludge at greater than agronomic rates (this excludes land reclamation).
" Distribute " means to barter, sell, offer for sale, consign, furnish, provide, or otherwise supply a material as part of a commercial enterprise or a giveaway program.
" Domestic septage " is either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, holding tank, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.
" Domestic sewage " is water and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.
" Dry weight basis " means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content).
" Exceptional Quality Sludge ("EQ Sludge" ) sludge that has been stabilized (as per Subsection 603 by a F urther R eduction P athogens, meets one of the Vector Attraction Reduction Requirements specified in Subsection 604(a-h) and contains lower metal concentrations than the allowable Pollutant Concentration specified Table 402-3.
" Feed crops " are crops produced primarily for consumption by animals.
“ Fiber crops " are crops such as flax, cotton, and hemp.
" Food chain crops " means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans.
" Food crops " are crops consumed by humans
tal concentrations than the allowable Pollutant Concentration specified Table 402-3.
" Feed crops " are crops produced primarily for consumption by animals.
“ Fiber crops " are crops such as flax, cotton, and hemp.
" Food chain crops " means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans.
" Food crops " are crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco.
" Forest " is a tract of land thick with trees and underbrush.
" Forestry " means the science of the ecosystems, management and production of a forest or forest system.
" Free liquids " means liquids which readily separate from the solid portion of a waste under the EPA Gravity Test. The test protocol calls for a 100 ml representative sample of the waste from a container to be placed in a 400 micron conical paint filter for 5 minutes. The filter specified is a standard paint filter which is commonly available at hardware and paint stores. The filter is to be supported by a funnel on a ring stand with a beaker or cylinder below the funnel to capture any free liquid that passes through the filter. If any amount of free liquid passes through the filter, the waste is considered to hold free liquids.
" Grease trap waste " means the combined liquid and solid fractions of material accumulated in a tank or other device designed for the removal of grease, fat and oil from wastewater (for the purpose of these regulations petroleum products are excluded).
" Grit (and screenings) " are the heavy materials such as sand, gravel, cinders and egg shells collected in the preliminary treatment of sewage. Screenings are the materials separated from wastewater during preliminary treatment made up of floatable debris such as wood, plastic and cloth.
" Ground water " is water below the land surface in the saturated zone
tions petroleum products are excluded).
" Grit (and screenings) " are the heavy materials such as sand, gravel, cinders and egg shells collected in the preliminary treatment of sewage. Screenings are the materials separated from wastewater during preliminary treatment made up of floatable debris such as wood, plastic and cloth.
" Ground water " is water below the land surface in the saturated zone.
" Handling " means any way in which sludge, treated sludge, or any other product containing these materials is dealt with, other than collection, burning, storage, treatment, land application, disposal, or transportation. It includes distribution of treated sludge.
" Holding tank waste " means wastewater from any home or business that is held temporarily in a container where no on-site treatment is performed. The wastewater is hauled off site for treatment.
" Impermeable " means having a hydraulic conductivity equal to or less than 1 x 10 -7 cm/sec as determined by field and laboratory permeability tests made according to standard test methods which may be correlated with soil densification as determined by compaction tests.
" Industrial wastewater " is wastewater generated in a commercial or industrial process.
" Label " means the display of all written, printed, or graphic material on the immediate container, or information accompanying the material.
" Land application " means the placement of sludge, treated sludge, or any other product containing these materials on or within 2 feet below the surface of land used to support vegetative growth.
" Land disposal of sludge " means application of sludge at rates higher than acceptable for agricultural utilization.
" Land with a high potential for public exposure " is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city).
" Land with a low potential for public exposure " is land that the public uses infrequently
rates higher than acceptable for agricultural utilization.
" Land with a high potential for public exposure " is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city).
" Land with a low potential for public exposure " is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and a reclamation site located in an unpopulated area (e.g., a strip mine located in a rural area).
" Land reclamation " means the application of sludge at a rate not greater than necessary to support and maintain immediate revegetation. Application may be in multiple cycles prior to establishment of vegetation, but must be accomplished within a single short-term operational period.
" Land treatment " means a technology for the intimate mixing or dispersion of wastes into the upper zone of the plant-soil system with the objective of microbial stabilization, immobilization, selective dispersion, or crop recovery leading to an environmentally acceptable assimilation of the waste.
" Landfill " means a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials, which has been lined with man-made materials or remains unlined and which is designed to hold an accumulation of solid wastes.
" Liquid waste " means any waste which is not a solid waste as defined for the purposes of these regulations.
" Other container " is either an open or closed receptacle. This includes, but is not limited to, a bucket, box, carton, truck or trailer.
" Pasture " is land on which animals feed directly on forage crops such as legumes, grasses, grain stubble, or stover.
" Pathogenic organisms " are disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.
" Permitting authority " is either EPA or a State with an EPA-approved sludge management program
, carton, truck or trailer.
" Pasture " is land on which animals feed directly on forage crops such as legumes, grasses, grain stubble, or stover.
" Pathogenic organisms " are disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.
" Permitting authority " is either EPA or a State with an EPA-approved sludge management program.
" Person " means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
" PFRP " means process to further reduce pathogens.
" pH " means the logarithm of the reciprocal of the hydrogen ion concentration.
" Pollutant " is an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organisms that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Administration of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations in either organisms or offspring of the organisms.
" Pollutant limit " is a numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre).
" Preparer" is a person who prepares sewage sludge or is either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge
pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre).
" Preparer" is a person who prepares sewage sludge or is either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge.
" PSRP " means process to significantly reduce pathogens.
" Public contact site " is land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses.
" Range land " is open land with indigenous vegetation.
" Reclamation site " is drastically disturbed land that is reclaimed using sewage sludge. This includes, but is not limited to, strip mines and construction sites.
" Runoff " is rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface.
" Sewage " means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water, admixture of industrial wastes or other wastes as may be present.
" Sewage sludge " means sludges which derives in whole or in part from sewage.
" Silviculture " means any forest management activity, including but not to, the harvest of timber, construction of roads and trails for the purpose of forest management, and preparation of property for reforestation.
" Sludge compost " means a treated sludge produced by subjecting a mixture of sludge and a bulking agent, such as wood chips, to aerobic decomposition in a manner that destroys primary pathogenic and malodorous components
ement activity, including but not to, the harvest of timber, construction of roads and trails for the purpose of forest management, and preparation of property for reforestation.
" Sludge compost " means a treated sludge produced by subjecting a mixture of sludge and a bulking agent, such as wood chips, to aerobic decomposition in a manner that destroys primary pathogenic and malodorous components.
" Sludge " means the accumulated semi-liquid suspension, settled solids, or dried residue of these solids that is deposited from (a) liquid waste in a municipal or industrial wastewater treatment plant, (b) domestic septage is included herein as sludge (see section 200, (22)).
" Sludge generator ":
(a) Means a person who owns or operates a facility that receives or processes wastewater and produces or otherwise generates sludge.
(b) Does not include the owner or operator of a septic tank, chemical toilet, privy, or holding tank used for the collection of sewage.
" Sludge utilization " means the preparation , transportation, storage, land application, or marketing and distribution of sludge.
" Sludge utilizer " means: any person who collects, stores, applies to land, or markets or distributes sludge.
" Solid waste " means any garbage, refuse, rubbish, and other discarded materials resulting from industrial, commercial, mining, agricultural operations and from community activities which does not contain free liquids. Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste.
" Specific oxygen uptake rate (SOUR) " is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge
es not contain free liquids. Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste.
" Specific oxygen uptake rate (SOUR) " is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge.
" Spray irrigation " means the loading rate for land treatment of wastewater which shall not exceed either the needs of the crop grown on the particular soil plus the other assimilative mechanisms (immobilization with organic material, volatilization, and leachate in compliance with drinking water standards), or the hydraulic capacity of the soil. The Department may require a lower loading rate if the design criteria for pathogens, metals or organics contained in these Regulations and generally accepted technical standards for land treatment technology (e.g. U.S. EPA Process Design Manual or Overcash, M.R. and P. Pal 1979 Design of Land Treatment Systems for Industrial Wastes - Theory and Practice cannot be achieved at a rate consistent with agricultural utilization.
" Storage " means the interim containment (for a period not to exceed two years) of sludge, treated sludge, or any other product containing these materials after removal from a wastewater treatment plant and before disposal or utilization.
" Surface impoundment " means a natural topographic depression, or diked area formed primarily of earthen materials may be lined with man-made materials or remains unlined, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids.
" Total solids " are the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105 degrees Celsius.
" Transportation " means the off-site movement of sludge, treated sludge, or any other product containing these materials by air, rail, highway, pipeline, or water
and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids.
" Total solids " are the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105 degrees Celsius.
" Transportation " means the off-site movement of sludge, treated sludge, or any other product containing these materials by air, rail, highway, pipeline, or water.
“ Treat or treatment of sewage sludge " is the preparation of sewage sludge for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of sewage sludge.
" Treatment " means a process which alters, modifies, or changes the biological, physical, or chemical characteristics of sludge or liquid waste.
" Treatment works " means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration.
" TWDS " means Treatment Works Treating Domestic Sewage.
" Unstabilized solids " are organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.
" Vector attraction " is the characteristic of sewage sludge that attracts rodents, flies, mosquitos, or other organisms capable of transporting infectious agents.
" Volatile solids " is the amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550 degrees Celsius in the presence of excess air
e not been treated in either an aerobic or anaerobic treatment process.
" Vector attraction " is the characteristic of sewage sludge that attracts rodents, flies, mosquitos, or other organisms capable of transporting infectious agents.
" Volatile solids " is the amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550 degrees Celsius in the presence of excess air.
" Wastewater treatment plant " means a facility designed and constructed to receive, treat, or store waterborne wastes.
" Wetlands " means those areas that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
3.0 Permits.
3.1 Permits Required.
3.1.1 Unless excepted under the provisions of Subsection 301(2), a person may not engage in the generation, collection, storage, preparation, land application, marketing and distribution , disposal or transportation of sludge, treated sludge, or any product containing these materials in the State without first obtaining a permit from the Department. No permit may be granted unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law. No person shall use sludge, treated sludge or any product containing these materials for the purpose of agricultural use, land reclamation, research, distribution or land disposal if the sludge was generated outside of the State of Delaware without obtaining a permit from the Department. No permit shall be issued for agricultural use, land reclamation, research, distribution or land disposal of sludge, treated sludge or any product containing sludge generated outside the State of Delaware that does not meet the standards for Exceptional Quality as outlined in these regulations
the sludge was generated outside of the State of Delaware without obtaining a permit from the Department. No permit shall be issued for agricultural use, land reclamation, research, distribution or land disposal of sludge, treated sludge or any product containing sludge generated outside the State of Delaware that does not meet the standards for Exceptional Quality as outlined in these regulations. No sludge or sludge product generated in the State shall be transported, marketed, distributed, prepared or land applied in any other state or jurisdiction without notification of the permitting authority of that state or jurisdiction.
3.1.2 Exception . Permits issued under this regulation are not required for a wastewater treatment plant, if the pertinent activities involve the construction and operation of the plant in accordance with plans approved by the Department. This exception does not include removal of sludge from the plant.
3.2 Exclusions.
3.2.1 A permit from the Department is not required under these regulations for the following activities. The exclusion under these regulations do not exclude requirements from other Federal, State, County or local regulations as they may apply:
3.2.1.1 Cofiring of sewage sludge with other waste in an incinerator, unless the other waste is used as auxiliary fuel for the firing of the sludge.
3.2.1.2 Hazardous wastewater sludge determined to be hazardous by this regulation or any other Federal, State, County or local regulation as they may apply.
3.2.1.3 Sewage sludge with high PCB concentrations as determined by this regulation or any other Federal, State, County or local regulations as they may apply.
3.2.1.4 Incinerator ash for use or disposal from the firing of sewage sludge in a sewage sludge incinerator.
3.2.1.5 Grit and screenings generated or collected in a wastewater treatment process.
3.2.1.6 Aquatic plants or managed wetlands plants used and harvested as part of a wastewater treatment process and that are not complexed with the sludge at the time of harvest
gulations as they may apply.
3.2.1.4 Incinerator ash for use or disposal from the firing of sewage sludge in a sewage sludge incinerator.
3.2.1.5 Grit and screenings generated or collected in a wastewater treatment process.
3.2.1.6 Aquatic plants or managed wetlands plants used and harvested as part of a wastewater treatment process and that are not complexed with the sludge at the time of harvest.
3.2.1.7 Drinking water treatment residuals from non-sewage sources.
3.2.1.8 Commercial septage, industrial septage, a mixture of domestic septage and commercial septage or a mixture of domestic septage and industrial septage.
3.2.1.9 Grease trap waste.
3.3 Application for a Permit
3.3.1 Initial applications for permits, permit renewals or permit modifications under the provisions of these regulations shall be submitted to the department on an application form specified by the Department.
3.3.2 An application consists of the initial application form specified by the Department combined with a Project Development Report (PDR) containing any supplementary information and analysis necessary to enable the Department to review the proposed project to determine if it is consistent with Delaware law and regulation.
3.3.3 An application shall demonstrate how the applicant plans to comply with the applicable requirements of these regulations, as well as any additional operating requirements set forth in these regulations that are specifically applicable to the particular type of operation that is proposed.
3.3.4 A separate permit application shall be submitted for each sludge utilization site. Adjacent properties owned by separate individuals shall be considered as separate sites. Noncontiguous but proximate parcels owned by one person may, at the discretion of the Department, be considered as a single utilization site.
3.3.5 Depending on the sludge utilization method chosen, additional specific submission requirements may apply. These requirements are given in Section 700 of the regulation
cent properties owned by separate individuals shall be considered as separate sites. Noncontiguous but proximate parcels owned by one person may, at the discretion of the Department, be considered as a single utilization site.
3.3.5 Depending on the sludge utilization method chosen, additional specific submission requirements may apply. These requirements are given in Section 700 of the regulation.
3.4 Public Notice, Application for Sludge Utilization Permit.
3.4.1 Upon Department acceptance of the Project Development Report, the applicant must apply for a Department Sludge Utilization permit. Upon receipt of a completed application for this permit, the Department will advertise receipt of the application and conduct any hearings in accordance with 7 Del.C. , Ch. 60. The cost of the advertisement is to be borne by the applicant.
3.4.2 The final permit will require submission by the applicant and approval by the Department of any revisions required by the Department for the Plan of Operation and Management or Plans and Specifications report for the facility prior to start-up and operation.
3.5 Standard Permit Conditions. The following conditions shall apply to and be included in all permits.
3.5.1 Compliance Required. The permittee shall comply with all conditions of the permit.
3.5.2 Renewal Responsibilities. If the permittee intends to continue operation of the permitted facility after the expiration of an existing permit, the permittee shall apply for a new permit in accordance with these regulations.
3.5.3 Operation of Facilities. The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit or these regulations.
3.5.4 Provide Information
existing permit, the permittee shall apply for a new permit in accordance with these regulations.
3.5.3 Operation of Facilities. The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit or these regulations.
3.5.4 Provide Information. The permittee shall furnish to the Department within a reasonable time, any information including copies of records, which may be requested by the Director to determine whether cause exists for modifying, revoking, reissuing, or terminating the permit, or to determine compliance with the permit or these regulations.
3.5.5 Entry and Access. The permittee shall allow the Department, consistent with 7 Del.C. , Chapter 60, to:
3.5.5.1 Enter the permitted facility.
3.5.5.2 Inspect any records that must be kept under these regulations or conditions of the permit.
3.5.5.3 Inspect any facility, equipment, practice, or operation permitted or required by the permit.
3.5.5.4 Sample or monitor for the purpose of assuring permit compliance, any substance or any parameter at the facility.
3.5.6 Reporting. The permittee shall report to the Department under the circumstances and in the manner specified in this section:
3.5.6.1 In writing thirty (30) days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process.
3.5.6.2 In writing thirty (30) days before any anticipated change which would result in noncompliance with any permit condition or these regulations.
3.5.6.3 Orally within twenty-four (24) hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department
rmit application process.
3.5.6.2 In writing thirty (30) days before any anticipated change which would result in noncompliance with any permit condition or these regulations.
3.5.6.3 Orally within twenty-four (24) hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department.
3.5.6.4 In writing as soon as possible but within five (5) days of the date the permittee knows or should know of any noncompliance unless extended by the Department. This report shall contain:
3.5.6.4.1 A description of the noncompliance and its cause;
3.5.6.4.2 The period of noncompliance including to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
3.5.6.4.3 Steps taken or planned to reduce or eliminate reoccurrence of the noncompliance.
3.5.6.5 In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Director. Those facts or the correct information shall be included as a part of this report.
3.5.7 Minimize Impacts. The permittee shall take all necessary actions to eliminate and correct any adverse impact on the public health or the environment resulting from permit noncompliance.
3.5.8 Reopener. In the event that the regulations governing the land treatment of sludges and sludge products are revised by the Department, this permit may be reopened and modified accordingly after notice and opportunity for a public hearing.
3.6 Specific Permit Conditions.
3.6.1 Basis for Specific Permit Conditions. Conditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and waste compositions. The Department may establish additional permit conditions
ened and modified accordingly after notice and opportunity for a public hearing.
3.6 Specific Permit Conditions.
3.6.1 Basis for Specific Permit Conditions. Conditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and waste compositions. The Department may establish additional permit conditions. Specific conditions shall be established in consideration of characteristics specific to a facility and inherent hazards of those characteristics. Such characteristics include, but are not limited to:
3.6.1.1 Chemical, biological, physical, and volumetric characteristics of the sludge;
3.6.1.2 Geological and climatic nature of the facility site;
3.6.1.3 Size of the site and its proximity to population centers and to ground and surface water;
3.6.1.4 Legal considerations relative to land use and water rights;
3.6.1.5 Techniques used in sludge distribution and the disposition of that vegetation exposed to sludge;
3.6.1.6 Abilities of the soils and vegetative covers to treat the sludge without undue hazard to the environment or to the public health; and
3.6.1.7 The need for monitoring and record keeping to determine if the facility is being operated in conformance with its design and if its design is adequate to protect the environment and the public health.
3.6.2 Duration of Permit. The permit shall be effective for a fixed term of not more than five (5) years.
3.6.3 Limitations to Operation. Conditions of the permit may specify or limit:
3.6.3.1 Sludge composition;
3.6.3.2 Method, manner, and frequency of sludge treatment;
3.6.3.3 Sludge pretreatment requirements;
3.6.3.4 Physical, chemical, and biological characteristics of a land application facility; and
3.6.3.5 Any other condition the Department finds necessary to protect public health or environment.
3.6.4 Compliance Schedules
n. Conditions of the permit may specify or limit:
3.6.3.1 Sludge composition;
3.6.3.2 Method, manner, and frequency of sludge treatment;
3.6.3.3 Sludge pretreatment requirements;
3.6.3.4 Physical, chemical, and biological characteristics of a land application facility; and
3.6.3.5 Any other condition the Department finds necessary to protect public health or environment.
3.6.4 Compliance Schedules. The Department may establish a compliance schedule for existing facilities as part of the permit conditions including:
3.6.4.1 Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or final permit conditions;
3.6.4.2 Dates by which those steps or actions are to be taken; and
3.6.4.3 In any case where the period of time for compliance exceeds one (1) year the schedule may also establish interim requirements and the dates for their achievement.
3.6.5 Monitoring Requirements. Any facility may be subject to monitoring requirements including, but not limited to:
3.6.5.1 The installation, use, and maintenance of monitoring equipment;
3.6.5.2 Monitoring or sampling methodology, frequency, and locations;
3.6.5.3 Monitored substances or parameters;
3.6.5.4 Testing and analytical procedures; and
3.6.5.5 Reporting requirements including both frequency and form.
3.7 Permit Modification.
3.7.1 Minor Modifications. Minor modifications are those which if granted would not result in any increased hazard to the environment or to the public health. Such modifications shall be made by the Director. Minor modifications are normally limited to:
3.7.1.1 The correction of typographical errors.
3.7.1.2 Transfer of ownership or operational control.
3.7.1.3 A change in monitoring or reporting frequency.
3.7.2 Major Modifications. All modifications not considered minor shall be considered major modifications. The procedure for making major modifications shall be the same as that used for a new permit under these regulations.
3.8 Permit Transferable
.1 The correction of typographical errors.
3.7.1.2 Transfer of ownership or operational control.
3.7.1.3 A change in monitoring or reporting frequency.
3.7.2 Major Modifications. All modifications not considered minor shall be considered major modifications. The procedure for making major modifications shall be the same as that used for a new permit under these regulations.
3.8 Permit Transferable.
3.8.1 Permits shall be transferable to a new owner or operator provided that the permittee notifies the Department by requesting a minor modification of the permit before the date of transfer and provided that the transferee shows evidence of a legal right to use the site and is otherwise in compliance with all applicable provisions of these regulations.
3.9 Appeal of Final Permits.
3.9.1 Appeals of final permit shall be governed by 7 Del.C. , 6008 and 6009.
3.10 Permit Revocation.
3.10.1 Conditions for Revocation. The Department may revoke a permit if the permittee violates any permit condition or these regulations or fails to pay applicable Department fees.
3.10.2 Notice of Revocation. Except in cases of emergency, the Department shall issue a written notice of intent to revoke to the permittee prior to final revocation. Revocation shall become final within twenty (20) days of receipt of the notice by the permittee, unless within that time the permittee requests an administrative hearing in writing.
3.10.3 Notice of Hearing. The Department shall notify the permittee in writing of any revocation hearing at least twenty (20) days prior to the date set for such hearing. The hearing shall be conducted in accordance with 7 Del.C. , Chapter 60.
3.10.4 Emergency Action. If the Department finds the public health, safety or welfare requires emergency action, the Department shall incorporate findings in support of such action in a written notice of emergency revocation issued to the permittee. Emergency revocation shall be effective upon receipt by the permittee
earing. The hearing shall be conducted in accordance with 7 Del.C. , Chapter 60.
3.10.4 Emergency Action. If the Department finds the public health, safety or welfare requires emergency action, the Department shall incorporate findings in support of such action in a written notice of emergency revocation issued to the permittee. Emergency revocation shall be effective upon receipt by the permittee. Thereafter, if requested by the permittee in writing, the Department shall provide the permittee a revocation hearing and prior notice thereof. Such hearings shall be conducted in accordance with 7 Del.C. , Chapter 60.
4.0 Procedures for State Review and Approval.
4.1 Proposal for a Sludge Utilization Permit.
4.1.1 Any person who intends to utilize sludge or sludge products must submit a letter of intent to the Department. The letter shall indicate the projected location, size, and anticipated utilization method. The steps in subsection 403 provide the prospective permit applicant with an overview of the entire Department process. Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with Title 24 of the Delaware Code must be submitted by the preparer. The guidance document included with these regulations should be used to tailor the design criteria for the specific waste, process, use, or site under consideration.
Range encompasses 50% of data for organic compounds found in several U.S. analytical studies (adopted from Fricke, C., C. Clarkson, E. Lomnitz, and T. O'Farrell, 1985. Comparing priority pollutants in municipal sludges, Biocycle, Jan/Feb: 35-37).
Note: *Sludges containing more than 10 ppm of PCB's must be incorporated into the soil upon application, and sludges containing more than 50 ppm of PCBs are subject to TOSCA requirements
organic compounds found in several U.S. analytical studies (adopted from Fricke, C., C. Clarkson, E. Lomnitz, and T. O'Farrell, 1985. Comparing priority pollutants in municipal sludges, Biocycle, Jan/Feb: 35-37).
Note: *Sludges containing more than 10 ppm of PCB's must be incorporated into the soil upon application, and sludges containing more than 50 ppm of PCBs are subject to TOSCA requirements.
1 Dry weight basis
1 Dry weight basis
4.2 Project Development Report: General Requirements .
4.2.1 A Project Development Report must be prepared. After this report is submitted for Department review, and accepted, it becomes the basis for the permit application. In any event, the applicant must demonstrate that the proposed facility , site or use will meet the regulatory objectives set forth in in these regulations and will not cause violations of State or Federal drinking water standards on an average annual basis or State water quality standards for streams.
4.2.2 Upon receipt of a Project Development Report, the Department will schedule a public information meeting to inform interested citizens of the proposed utilization project. The Department may consider local zoning or other locally required meetings as sufficient for satisfying this requirement. After the Department has fixed the date, place and time for a public information meeting, the Department shall notify by certified mail owners and occupants of land contiguous to the site of the proposed facility or site and of the scheduled meeting. A copy of the Project Development Report will be available for review and discussion at the public meeting. The applicant for the permit shall also be present at the public meeting to present information on the proposed project.
4.2.3 The Department will accept and consider all comments, concerns and suggestions received during the public meeting. If the concerns raised at the public meeting cannot be reasonably addressed, a permit will not be issued for the proposed project
ssion at the public meeting. The applicant for the permit shall also be present at the public meeting to present information on the proposed project.
4.2.3 The Department will accept and consider all comments, concerns and suggestions received during the public meeting. If the concerns raised at the public meeting cannot be reasonably addressed, a permit will not be issued for the proposed project.
4.3 Project Development Reports for all proposed facilities, land application sites and sludge uses must provide a chemical analysis of the sludge to be produced or utilized which includes the following:
4.3.1 Results of three chemical analyses of the sludge from each treatment facility or other source of sludge. The Department will waive this requirement for domestic septage that is land applied in accordance with the State's Septage Management Plan. Chemical analyses include:
4.3.1.1 Moisture content.
4.3.1.2 Percent total nitrogen (moist and dried).
4.3.1.3 Percent organic nitrogen (moist and dried).
4.3.1.4 Ammonia and nitrate concentration (moist and dried).
4.3.1.5 pH.
4.3.1.6 Percent volatile solids.
4.3.1.7 PCB's.
4.3.1.8 The following, as reported on a dry weight basis: cyanide, sodium, calcium, magnesium, phosphorous, potassium, cadmium, zinc, copper, nickel, lead, chromium, mercury, arsenic, molybdenum and selenium.
4.3.1.9 Such other components or constituents which may be required by the Department, including but not limited to TOC, COD, FOG, and boron.
4.3.2 Sludges are to be analyzed as a composite sample for the priority pollutants. If the organics are higher than the typical municipal sludge range in the U.S. (see Table 402-1) then the Department shall require the applicant to submit a detailed sludge analysis for those elevated organic constituents to assess their fate in a soil matrix.
4.3.3 Sludges are to be analyzed as a composite sample using the Toxicity Characteristic Leaching Procedure (TCLP)
the priority pollutants. If the organics are higher than the typical municipal sludge range in the U.S. (see Table 402-1) then the Department shall require the applicant to submit a detailed sludge analysis for those elevated organic constituents to assess their fate in a soil matrix.
4.3.3 Sludges are to be analyzed as a composite sample using the Toxicity Characteristic Leaching Procedure (TCLP). Any sludge that fails the TCLP test shall be deemed to be hazardous and will then be subject to regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
4.3.4 For septage, a specific plan for obtaining representative samples may be required.
4.3.5 No sludge or sludge product which exceeds the Ceiling Concentrations in Table 402.2 will be permitted for land application in the State. Sludge or sludge products which exceed the Pollutant Concentrations in Table 402.3 will not be permitted for marketing and distribution in the State. Application rates for any sludge may not exceed the values in Tables 402.4 and Table 402.5.
4.3.6 The analyses shall be conducted on composite samples of the waste to be applied, and shall be reported in a tabular form that lists the range of the three samples. Each of the composite samples shall be taken at intervals of more than 30 days unless otherwise approved by the Department in writing. Sampling and analytical procedures shall be approved by the Department and be consistent with Section 1000 of these Regulations.
4.4 Project Development Reports: Specific Requirements for Facilities.
4.4.1 A permit is required for the construction and operation of any sludge handling, storage, processing or treatment operation. Such facilities include, but are not limited to: composting, alkaline stabilization or heat drying facilities, storage lagoons or tanks, and disposal sites. Information required for the Project Development Report includes:
4.4.1.1 Maps and related information
acilities.
4.4.1 A permit is required for the construction and operation of any sludge handling, storage, processing or treatment operation. Such facilities include, but are not limited to: composting, alkaline stabilization or heat drying facilities, storage lagoons or tanks, and disposal sites. Information required for the Project Development Report includes:
4.4.1.1 Maps and related information.
4.4.1.1.1 A topographic map or maps on a scale not less than a USGS 7.5 minute series or equivalent, including any necessary narrative descriptions, which show the following:
4.4.1.1.1.1 All boundaries and names of present owners of record of land and including easements, rights of way, and other property interests, for the proposed permit area and contiguous area; and a description of all title, deed, or usage restrictions affecting the proposed permit area.
4.4.1.1.1.2 Latitude and longitude of site
4.4.1.1.1.3 The boundaries of any land where sludge or sludge product will be stored at various times over the estimated total life of the proposed operation.
4.4.1.1.1.4 The location and name of any domestic wells within 1000 feet and irrigation, commercial, industrial and public wells within 2500 feet of the outer edge of the buffer zone as defined in 701(4). Information may be obtained (for a fee) through the Department from the Delaware Water User Data System (DWUDS).
4.4.1.1.1.5 Other information that the Department deems relevant or necessary.
4.4.1.1.2 A soil map which shows the locations and types, and engineering properties of soils found within the proposed permit area and which includes a report on the field investigations conducted by a registered Engineer or Professional Soil Scientist depicting soils conditions on the site. This element should be prepared and submitted to the Department early in the process so that unsuitable sites/areas can be eliminated from further analysis.
4.4.1.2 Ground water information
s of soils found within the proposed permit area and which includes a report on the field investigations conducted by a registered Engineer or Professional Soil Scientist depicting soils conditions on the site. This element should be prepared and submitted to the Department early in the process so that unsuitable sites/areas can be eliminated from further analysis.
4.4.1.2 Ground water information. The Project Development Report shall contain a description of the ground water hydrology of the proposed site and adjacent area.
4.4.1.2.1 The following information shall be prepared by a Geologist, Hydrologist or a Professional Engineer qualified in hydrology and licensed to practice in the State of Delaware.
4.4.1.2.1.1 A map of the site and surrounding area showing all potential contamination sources (such as large on-site systems, feedlots, bulk storage facilities, etc.). Surface water bodies within 1,000 feet of the site boundary of the proposed sludge application area shall also be located.
4.4.1.2.1.2 Description of the geology of the area, including the lithology and thickness of the outcropping and subcropping or underlying formations. Any unique or important geomorphological features which could influence ground water flow directions should also be indicated.
4.4.1.2.1.3 The following hydrogeological information should be provided to the Department:
4.4.1.2.1.3.1 The thickness, saturated thickness, and depth to water (DTW) of the water table aquifer. The depth to water measurement should indicate the level of the local seasonal high water table.
4.4.1.2.1.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.
4.4.1.2.1.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.
4.4.1.2.1.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer
of the seasonal high water table formed by a perched water table when these water table types exist.
4.4.1.2.1.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.
4.4.1.2.1.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.
4.4.1.2.1.4 A description of the ground water flow patterns under the proposed site. A hydraulic head contour map with ground water flow lines should be included in the description. When the direction of the ground water flow cannot be determined with any degree of confidence, observation wells (piezometers) in numbers sufficient enough to determine ground water flow direction will be required.
4.4.1.2.1.5 Reference must be provided for all the geological and hydrogeological information which was researched.
4.4.1.3 Surface water information.
4.4.1.3.1 Each Project Development Report shall contain a description of the surface waters in the proposed site and adjacent area, including the name of the watershed which will receive any water discharges, the location of all surface water bodies such as streams, lakes, ponds, and descriptions of major surface drainage systems within the proposed permit area and adjacent areas.
4.4.1.3.2 Each Project Development report shall also include a plan to manage runoff and control erosion during the lifetime of the facility. These plans will use best management practices for nonpoint source pollution control such as developed by the USDA Natural Resources Conservation Service (NRCS).
4.4.1.4 Detailed Construction Specifications - Each Project Development Report shall include drawings of proposed site layout, plan and elevation view of structures, equipment layout, facility access, and construction site erosion and sediment controls, stamped by an engineer registered in the state of Delaware
on control such as developed by the USDA Natural Resources Conservation Service (NRCS).
4.4.1.4 Detailed Construction Specifications - Each Project Development Report shall include drawings of proposed site layout, plan and elevation view of structures, equipment layout, facility access, and construction site erosion and sediment controls, stamped by an engineer registered in the state of Delaware.
4.4.1.5 Plan of Operation and Management - Each plan shall contain a narrative description of the following:
4.4.1.5.1 Explaining the type of operation to be conducted at the proposed facility.
4.4.1.5.2 Detailing the operation and processing steps of the proposed facility; the expected life of the operation; and the origin, dry weight and volume of sludge that are proposed to be utilized during the operation.
4.4.1.5.3 The equipment to be used at the facility for handling, storage, processing and treatment (including mixing, air control, bagging and monitoring the sludge or sludge products), or site preparation and land disposal of sludge.
4.4.1.5.4 The closure plan and future use of the site if the facility ceases operation.
4.4.1.5.5 A control plan to prevent health hazards or nuisances.
4.4.1.5.6 For disposal sites, a crop nitrogen balance, the proposed application rate per acre and management scheme, crops to be grown; phosphorus and other constituent loading rates; determination of land limiting constituent; acreage needed and required storage volume, if any; and the dates (or climatic conditions) when the applicant proposes to apply sludge.
4.4.1.5.7 Material Safety Data Sheets
4.4.1.6 Endangered Species Assessment - No facility may be constructed or operated in a manner likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. An endangered or threatened species and impact report is required
ions) when the applicant proposes to apply sludge.
4.4.1.5.7 Material Safety Data Sheets
4.4.1.6 Endangered Species Assessment - No facility may be constructed or operated in a manner likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. An endangered or threatened species and impact report is required.
4.4.1.7 Additional requirements for land disposal sites
4.4.1.7.1 Each Project Development Report shall contain a description of:
4.4.1.7.1.1 Soils within the proposed permit area, including a description of the depth, matrix, color, texture, structure, pH, consistency, degree of mottling and, if present mottled colors and coarse fragment content for each horizon of soil from the surface to a depth of at least five (5) feet or bedrock, whichever is shallower.
4.4.1.7.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.
4.4.1.7.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.
4.4.1.7.1.4 The applicant shall base the description on a sufficient number of pits, hand augerings, or excavations to allow an accurate characterization of the soils within the proposed permit area. As a minimum, however, the Department requires that at least one sample be taken for every 5 to 10 acres of each soil series to confirm NRCS.
4.4.1.7.2 All classifications and interpretations of soil materials required by this section shall be based on criteria specified in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual).
4.4.1.7.3 The Project Development Report shall include a minimum of three chemical analyses for each major soil series at the proposed facility. Soil chemistry testing must be in accordance with the Methods of Soil Analysis published by the American Society of Agronomy, or otherwise shall be consistent with Department guidance and the requirements of Section 1000
nomy) and 18 (Soil Survey Manual).
4.4.1.7.3 The Project Development Report shall include a minimum of three chemical analyses for each major soil series at the proposed facility. Soil chemistry testing must be in accordance with the Methods of Soil Analysis published by the American Society of Agronomy, or otherwise shall be consistent with Department guidance and the requirements of Section 1000. Results are to be expressed on a dry soil basis. The constituents to be tested are pH, cation exchange capacity, percent organic matter, plant nutrient status, total cadmium, total copper, total lead, total nickel, total zinc, total arsenic, total selenium and total molybdenum.
4.4.1.7.4 For sites where sludge was previously applied within 5 years to the proposed permit area, the application shall also describe background concentrations for all constituents identified above for similar soils where sludge has not been applied.
4.4.1.7.5 The information required by this section shall be prepared by qualified persons in soil science or land treatment.
4.4.1.8 Additional requirements for sludge storage facilities are identified in section 900.
4.5 Project Development Reports: Specific Requirements for Land Application Sites .
4.5.1 Sludge or sludge products which meet the minimum quality criteria of Subsection 402 and Section 600, but do not meet Exceptional Quality criteria for marketing and distribution, may only be applied to sites permitted for land application. Land application to permitted sites may be for agricultural, silvicultural, reclamation or research purposes. The following information is required in the Project Development Report for each land application site:
4.5.1.1 Maps and related information.
4.5.1.1.1 Each Project Development Report shall contain a topographic map or maps on a scale not less than a USGS 7.5 minute series or equivalent, including any necessary narrative descriptions, which show the following:
4.5.1.1.1.1 Latitude and longitude of the site
wing information is required in the Project Development Report for each land application site:
4.5.1.1 Maps and related information.
4.5.1.1.1 Each Project Development Report shall contain a topographic map or maps on a scale not less than a USGS 7.5 minute series or equivalent, including any necessary narrative descriptions, which show the following:
4.5.1.1.1.1 Latitude and longitude of the site.
4.5.1.1.1.2 All boundaries and names of present owners of record of land and including easements, rights of way, and other property interests, for the proposed permit area and contiguous area; and a description of all title, deed, or usage restrictions affecting the proposed permit area.
4.5.1.1.1.3 The boundaries of the land where sludge will be utilized over the estimated total life of the proposed operation, including the boundaries of the land that will be affected in each sequence of sludge utilization activity.
4.5.1.1.1.4 The boundaries of any land where sludge or sludge product will be stored at various times over the estimated total life of the proposed operation.
4.5.1.1.1.5 The location and name of any domestic wells within 1000 feet and irrigation, commercial, industrial and public wells within 2500 feet of the outer edge of the buffer zone as defined in 701(4). Information may be obtained (for a fee) through the Department from the Delaware Water User Data System (DWUDS).
4.5.1.1.1.6 The location and type of existing or proposed erosion control practices following NRCS guidelines.
4.5.1.1.1.7 Other information that the Department deems relevant or necessary.
4.5.1.1.2 Each Project Development Report shall contain a NRCS soil map which shows the locations and types of soils, depth to ground water, and depth to impermeable strata within the proposed permit area. The Department may require additional detailed mapping and soils investigations conducted by a Professional Soil Scientist registered with the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS)
nt Report shall contain a NRCS soil map which shows the locations and types of soils, depth to ground water, and depth to impermeable strata within the proposed permit area. The Department may require additional detailed mapping and soils investigations conducted by a Professional Soil Scientist registered with the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS). This element should be prepared and submitted to the Department early in the process so that unsuitable sites/areas can be eliminated from further analysis.
4.5.1.2 Soils description.
4.5.1.2.1 Each Project Development Report shall contain a description of:
4.5.1.2.1.1 Soils within the proposed permit area, including a description of the depth, matrix, color, texture, structure, pH, consistency, degree of mottling and, if present mottled colors and coarse fragment content for each horizon of soil from the surface to a depth of at least five (5) feet or bedrock, whichever is shallower.
4.5.1.2.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.
4.5.1.2.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.
4.5.1.2.2 The applicant shall base the description on a sufficient number of pits, hand augerings, or excavations to allow an accurate characterization of the soils within the proposed permit area. As a minimum, however, the Department requires that at least one sample be taken for every 5 to 10 acres of each soil series to confirm NRCS.
4.5.1.2.3 All classifications and interpretations of soil materials required by this section shall be based on criteria specified in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual).
4.5.1.2.4 The Project Development Report shall include a chemical analyses for each major soil series per field at the proposed site
ch soil series to confirm NRCS.
4.5.1.2.3 All classifications and interpretations of soil materials required by this section shall be based on criteria specified in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual).
4.5.1.2.4 The Project Development Report shall include a chemical analyses for each major soil series per field at the proposed site. Soil chemistry testing must be in accordance with the Methods of Soil Analysis published by the American Society of Agronomy, or otherwise shall be consistent with Department guidance. Results are to be expressed on a dry soil basis. The constituents to be tested are pH, cation exchange capacity, percent organic matter, plant nutrient status, total cadmium, total copper, total lead, total nickel, total zinc.
4.5.1.2.5 For sites where sludge was previously applied within 5 years to the proposed permit area, the application shall also describe background concentrations for all constituents identified above for similar soils where sludge has not been applied.
4.5.1.2.6 The information required by this section shall be prepared by qualified persons in soil science or land treatment.
4.5.1.3 Ground water information. The Project Development Report shall contain a description of the ground water hydrology of the proposed site and adjacent area. The following information shall be prepared by a Geologist or a Professional Engineer qualified in hydrology and licensed to practice in the State of Delaware.
4.5.1.3.1 A map of the site and surrounding area showing all potential contamination sources (such as large on-site systems, feedlots, bulk storage facilities, etc.). Surface water bodies within 1,000 feet of the site boundary of the proposed sludge application area shall also be located.
4.5.1.3.2 Description of the geology of the area, including the lithology and thickness of the outcropping and subcropping or underlying formations
unding area showing all potential contamination sources (such as large on-site systems, feedlots, bulk storage facilities, etc.). Surface water bodies within 1,000 feet of the site boundary of the proposed sludge application area shall also be located.
4.5.1.3.2 Description of the geology of the area, including the lithology and thickness of the outcropping and subcropping or underlying formations. Any unique or important geomorphological features which could influence ground water flow directions should also be indicated.
4.5.1.3.3 The following hydrogeological information should be provided to the Department:
4.5.1.3.3.1 The thickness, saturated thickness, and depth to water (DTW) of the water table aquifer. The depth to water measurement should indicate the level of the local seasonal high water table.
4.5.1.3.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.
4.5.1.3.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.
4.5.1.3.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.
4.5.1.3.4 A description of the ground water flow patterns under the proposed site. A hydraulic head contour map with ground water flow lines should be included in the description. When the direction of the ground water flow cannot be determined with any degree of confidence, observation wells (piezometers) in numbers sufficient enough to determine ground water flow direction may be required.
4.5.1.3.5 Reference must be provided for all the geological and hydrogeological information which was researched.
4.5.1.4 Surface water information
hould be included in the description. When the direction of the ground water flow cannot be determined with any degree of confidence, observation wells (piezometers) in numbers sufficient enough to determine ground water flow direction may be required.
4.5.1.3.5 Reference must be provided for all the geological and hydrogeological information which was researched.
4.5.1.4 Surface water information.
4.5.1.4.1 Each Project Development Report shall contain a description of the surface waters in the proposed site and adjacent area, including the name of the watershed which will receive any water discharges, the location of all surface water bodies such as streams, lakes, ponds, and descriptions of major surface drainage systems within the proposed permit area and adjacent areas.
4.5.1.4.2 Each Project Development report shall also include a plan to manage runoff and control erosion during the lifetime of the facility. These plans will use best management practices for nonpoint source pollution control such as developed by the NRCS .
4.5.1.5 Plan of Operation and Management - each Project Development Plan shall contain a narrative description of the following:
4.5.1.5.1 The origin, annual production (dry weight and volume) and pathogen reduction method for the proposed sludge source.
4.5.1.5.2 The type of operation (e.g. agricultural, silvicultural, reclamation or research) to be conducted at the proposed site, and the expected life of the operation.
4.5.1.5.3 The equipment to be used for site preparation, sludge handling, and land application.
4.5.1.5.4 A projected three year crop rotation plan, including type of farming operation, type of crop, planting sequence, crop management, and use of the crops
ation (e.g. agricultural, silvicultural, reclamation or research) to be conducted at the proposed site, and the expected life of the operation.
4.5.1.5.3 The equipment to be used for site preparation, sludge handling, and land application.
4.5.1.5.4 A projected three year crop rotation plan, including type of farming operation, type of crop, planting sequence, crop management, and use of the crops.
4.5.1.5.5 Crop fertility worksheets for each field including: a nitrogen balance and the proposed sludge or septage application rate per acre (calculated according to the requirements of Subsection 702.1); phosphorus loading rate; lime loading rate; and a determination of the most limiting constituent, for land application for each sludge source.
4.5.1.5.6 The expected dates and climatic conditions when sludge will be land applied.
4.5.1.5.7 A control plan to prevent health hazards or nuisances and odors.
4.5.1.5.8 A sludge sampling plan documenting how the applicant will comply with the monitoring and record keeping and reporting requirements of Section 700.
4.5.1.5.9 A map showing the location of any ground water monitoring devices if they exist or are proposed for the facility.
4.5.1.5.10 Evidence of landowner and operator consent for the proposed operation.
4.5.1.6 Endangered Species Assessment - no sludge or products derived from sludge shall be applied to land in a manner likely to adversely affect a threatened or endangered species or its designated habitat. An endangered or threatened species impact report may be required.
4.5.1.7 Additional requirements for land reclamation sites:
4.5.1.7.1 A complete revegetation plan for the site, including methods of site preparation, seeding mixtures, and seeding rates.
4.5.1.7.2 Calculations or modeling demonstrating that the Cumulative Pollutant Loading Rates established by these regulations (see Table 4.1.1-4) shall not be exceeded
ened species impact report may be required.
4.5.1.7 Additional requirements for land reclamation sites:
4.5.1.7.1 A complete revegetation plan for the site, including methods of site preparation, seeding mixtures, and seeding rates.
4.5.1.7.2 Calculations or modeling demonstrating that the Cumulative Pollutant Loading Rates established by these regulations (see Table 4.1.1-4) shall not be exceeded.
4.5.1.8 Additional requirements for Research Projects:
4.5.1.8.1 Applications for permits shall include five copies of a complete description of the project. After a preliminary review, the Department may request such additional information as is necessary to evaluate and document the project.
4.5.1.8.2 As a condition of any permit under this section the titleholder must execute and record in the appropriate County Office of Recorder of Deeds an affidavit in a form approved by the Department which notifies prospective purchasers that the property has been used to conduct sludge utilization research.
4.6 Project Development Reports: Specific Requirements for Marketing and Distribution of Exceptional Quality Sludge or Sludge Products
4.6.1 Sewage sludge or sludge products that contain sewage sludge which has been stabilized as per Subsection 603 by a Process to Further Reduce Pathogens, meets one of the Vector Attraction Reduction Requirements specified in Subsection 604(2)(a-h) and contains lower metal concentrations than the allowable Pollutant Concentration specified Table 402.3 may be marketed and distributed in the State. Specific information required for the Project Development Report includes:
4.6.1.1 Identification of the site(s) where the Exceptional Quality sludge or sludge product is generated. A description of the source and quantity of sludge or sludge products generated.
4.6.1.2 A detailed description of the treatment process and facility equipment, which clearly explains how the end-product is treated to meet the Exceptional Quality criteria
Project Development Report includes:
4.6.1.1 Identification of the site(s) where the Exceptional Quality sludge or sludge product is generated. A description of the source and quantity of sludge or sludge products generated.
4.6.1.2 A detailed description of the treatment process and facility equipment, which clearly explains how the end-product is treated to meet the Exceptional Quality criteria.
4.6.1.3 A description of the quality control and monitoring program(s) utilized at the facility.
4.6.1.4 A description of the record keeping and reporting system used at the facility producing the exceptional quality material.
4.6.1.5 A copy of the proposed label which includes the following information:
4.6.1.5.1 It shall identify the product as containing sludge and provide the name and address of the preparer.
4.6.1.5.2 Provide information on essential plant nutrient content and instructions for proper use on different plant types, soils and slopes, maximum loading rates (such as number of square feet per bag, ratio of sludge to soil in sludge-soil mixture, etc.).
4.6.1.5.3 For sludge or sludge products for general distribution to the public which contain more than 4 percent iron on a dry weight basis, it shall warn against using the sludge or sludge product on pasture land.
4.6.1.5.4 Describe proper procedures for storage and stockpiling of the material.
4.6.1.5.5 A statement indicating that the product should not be applied to any site that is flooded, frozen or snow covered, and identify any unacceptable uses of the material.
4.6.1.5.6 Shall include a statement that land application of sewage sludge is prohibited except in accordance with the instructions on the label or information sheet.
4.6.1.6 Information confirming that all requirements of the Delaware Department of Agriculture Regulations (Chapter 21, Title 3, Delaware Code) governing the sale of commercial fertilizers and soil conditioners have been met.
4.7 Site Inspection and Concurrence
atement that land application of sewage sludge is prohibited except in accordance with the instructions on the label or information sheet.
4.6.1.6 Information confirming that all requirements of the Delaware Department of Agriculture Regulations (Chapter 21, Title 3, Delaware Code) governing the sale of commercial fertilizers and soil conditioners have been met.
4.7 Site Inspection and Concurrence.
4.7.1 The Project Development Report is submitted for Department review along with a request for general site concurrence. Upon receipt of the report, a Department representative will inspect the selected site(s) and a written site concurrence or denial letter will be sent to the applicant. Upon receipt of a site concurrence the applicant may submit a permit application. Site concurrences for land treatment of sludges are valid for one year.
4.8 Facility Plans and Specifications.
4.8.1 After Department acceptance of the permit application and completed Project Development Report (prepared under Subsection 403), the applicant must submit final detailed plans and specifications. The plans and specifications will be reviewed for consistency with the Project Development Report and accepted engineering standards.
4.9 Approval to Commence Operations.
4.9.1 Upon final Departmental review and approval of any required revisions to the Project Development Plan, a permit and a letter of authorization to commence operation will be issued on a timely basis. The Department shall give notice of such approval to any person who has submitted a written request for such notice.
5.0 Bonding.
5.1 Bond Required. Unless excepted under the provisions of Subsection 502, as a requirement for keeping a Permit issued under these regulations, a person shall file with the Department a bond or other security in a form approved by the Department. The bond shall be payable to the Department and the obligation of the bond shall be conditioned upon the fulfillment of all requirements related to the permit.
5.2 Exceptions
ess excepted under the provisions of Subsection 502, as a requirement for keeping a Permit issued under these regulations, a person shall file with the Department a bond or other security in a form approved by the Department. The bond shall be payable to the Department and the obligation of the bond shall be conditioned upon the fulfillment of all requirements related to the permit.
5.2 Exceptions. Bond is not required for the following persons or entities:
5.2.1 A landfill, which is owned and operated by the Delaware Solid Waste Authority pursuant to state laws and regulations;
5.2.2 Persons using treated sludge that complies with all the requirements for distribution of these regulations and that is distributed in accordance with a valid permit issued by the Department;
5.2.3 Any local, municipal, county, state, or federal governmental agency, or political subdivision; or
5.2.4 Septage land treatment systems utilizing a limited application rate of 7,100 gallons per acre per year or less.
5.3 Amount of Bond. The amount of the bond shall be:
5.3.1 $5,000 for transportation permits and research projects;
5.3.2 $25,000 for permits to apply sludge to land at agricultural rates;
5.3.3 $50,000 for permits to land apply sludge for land reclamation;
5.3.4 $125,000 for land disposal facilities;
5.3.5 $75,000 for projects other than those in Subsection 503 (1)-(4).
5.3.6 $10,000 for distribution and marketing.
5.4 Consolidation of Bonds. For permits to apply sludge to land at agricultural rates or at land reclamation rates the Department may allow a sludge utilizer to file one bond to cover more than one utilization site. The amount of the bond shall be the amount shown in Subsection 503 for the first site plus 40 percent of the amount shown in Subsection 503 for each additional site up to a minimum total of $200,000.
5.5 Liability. Liability under the bond shall remain in effect until the expiration date of the permit
Department may allow a sludge utilizer to file one bond to cover more than one utilization site. The amount of the bond shall be the amount shown in Subsection 503 for the first site plus 40 percent of the amount shown in Subsection 503 for each additional site up to a minimum total of $200,000.
5.5 Liability. Liability under the bond shall remain in effect until the expiration date of the permit. The Department shall release the bond after the Department determines that all of the conditions of the permit or permits covered by the bond have been fulfilled.
5.6 Execution and Payment of Bond.
5.6.1 The bond shall be executed by the applicant and by a corporate surety licensed to do business in this State. Instead of having a bond executed by a corporate surety, the applicant may elect to deposit, with the Department, cash or negotiable bonds of the federal government or of this State or any other securities acceptable to the Department. The amount of the cash deposit or the market value of any securities shall be at least equal to the required sum of the bond. The Department shall receive and hold the cash or securities in trust, for the purposes for which the deposit is posted.
5.6.2 The obligation of the applicant and of any corporate surety under the bond shall become due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of properly fulfilling any requirement of the Permit if the Department has:
5.6.2.1 Notified the applicant and any corporate surety that the conditions of the Permit have not been fulfilled, and specified in the notice the particular deficiencies in the fulfillment of the permit conditions;
5.6.2.2 Given the applicant and any corporate surety a reasonable opportunity to correct the deficiencies and to fulfill all of the conditions of the permit; and
5.6.2.3 Determined that, at the end of a reasonable length of time, some or all of the deficiencies specified under Subsection 506(2)(a), above, remain uncorrected
e the particular deficiencies in the fulfillment of the permit conditions;
5.6.2.2 Given the applicant and any corporate surety a reasonable opportunity to correct the deficiencies and to fulfill all of the conditions of the permit; and
5.6.2.3 Determined that, at the end of a reasonable length of time, some or all of the deficiencies specified under Subsection 506(2)(a), above, remain uncorrected.
6.0 Pathogens and Vector Attraction Reduction Requirements.
6.1 Requirements for Pathogen Control.
6.1.1 All sewage sludges and domestic septage prepared for land application in Delaware must at a minimum be treated by one of the processes described in this section to significantly reduce pathogens (PSRP). Sludges treated to meet PSRP requirements will be defined as Class B sludges for the purpose of these regulations.
6.1.2 All sewage sludges prepared for Distribution and Marketing in Delaware must be treated by one of the processes to further reduce pathogens as described in the section (PFRP). Sludges treated to meet the PFRP requirements will be defined as Class A sludges for the purpose of these regulations.
6.1.3 Any sewage sludge or domestic septage prepared in a manner to meet the Class A or Class B requirements of this section must also meet the additional requirements found in these regulations prior to being applied to land, given away or sold in bulk or bag.
6.2 Class B Sludge - Sewage sludges processed to Significantly Reduce Pathogens (PSRP). (Septage included herein as sewage sludge)
6.2.1 Sludges prepared to meet the Class B requirements of this section must be processed by means of one of the following alternatives:
6.2.1.1 Class B Alternative 1.
6.2.1.1.1 Seven samples of the sewage sludge shall be collected at the time the sewage sludge is used or disposed
Sludge - Sewage sludges processed to Significantly Reduce Pathogens (PSRP). (Septage included herein as sewage sludge)
6.2.1 Sludges prepared to meet the Class B requirements of this section must be processed by means of one of the following alternatives:
6.2.1.1 Class B Alternative 1.
6.2.1.1.1 Seven samples of the sewage sludge shall be collected at the time the sewage sludge is used or disposed.
6.2.1.1.2 The geometric mean of the density of fecal coliform in the samples shall be less than either 2,000,000 Most Probable Number per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of total solids (dry weight basis).
6.2.1.2 Class B Alternative 2.
6.2.1.2.1 Aerobic digestion - Sewage sludge is agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees Celsius.
6.2.1.2.2 Air drying - Sewage sludge is dried on sand beds or on paved or unpaved basins. The sewage sludge dries for a minimum of three months. During two of the three months, the ambient average daily temperature is above zero degrees Celsius.
6.2.1.2.3 Anaerobic digestion - Sewage sludge is treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees Celsius.
6.2.1.2.4 Composting - Using either the within-vessel, static aerated pile or windrow composting methods, the temperature of the sewage sludge is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for five days. For four hours during the five days, the temperature in the compost pile exceeds 55 degrees Celsius.
6.2.1.2.5 Lime stabilization - Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after 2 hours of contact
posting methods, the temperature of the sewage sludge is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for five days. For four hours during the five days, the temperature in the compost pile exceeds 55 degrees Celsius.
6.2.1.2.5 Lime stabilization - Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after 2 hours of contact.
6.2.1.3 Class B - Alternative 3. Sewage sludge that is used or disposed shall be treated in a process that is equivalent to a Process to Significantly Reduce Pathogens, as determined by the Department.
6.2.2 Monitoring and Reporting.
6.2.2.1 Sludge processed to significantly reduce pathogens must be monitored in accordance with the requirements described in the alternative used. Additional monitoring may be required by the Department as a condition of the preparer's permit.
6.2.2.2 The preparer must submit a report of process monitoring on a form provided by the Department. The frequency of reporting shall conform with the reporting frequency specified in Section 701 of the regulations or as specified in any permit issued for preparation.
6.3 Class A Sludge - Sludges processed to further reduce pathogens (PFRP).
6.3.1 Sludges prepared to meet Class A requirements must be processed by means of one of the following alternatives. The Class A pathogen requirements in Subsection 603(1)(a-f) shall be met either prior to meeting or at the same time the vector attraction reduction requirements in Subsection 604 (except for 604(f), (g) and (h)) are met.
6.3.1.1 Class A - Alternative 1.
6.3.1.1.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of SALM onella sp
on 603(1)(a-f) shall be met either prior to meeting or at the same time the vector attraction reduction requirements in Subsection 604 (except for 604(f), (g) and (h)) are met.
6.3.1.1 Class A - Alternative 1.
6.3.1.1.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of SALM onella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is prepared for sale or give away in as bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.1.2 The temperature of the sewage sludge that is used or disposed shall be maintained at a specific value for a period of time.
6.3.1.1.2.1 When the percent solids of the sewage sludge is seven percent or higher, the temperature of the sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall be determined using equation (2), except when small particles of sewage sludge are heated by either warm gases or an immiscible liquid.
Where,
D = time in days.
t = temperature in degrees Celsius.
6.3.1.1.2.2 When the percent solids of the sewage sludge is seven percent or higher and small particles of sewage sludge are heated by either warmed gases or an immiscible liquid, the temperature of the sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using equation 2.
6.3.1.1.2.3 When the percent solids of the sewage sludge is less than seven percent and the time period is at least 15 seconds but less than 30 minutes, the temperature and time period shall be determined using equation (2)
he sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using equation 2.
6.3.1.1.2.3 When the percent solids of the sewage sludge is less than seven percent and the time period is at least 15 seconds but less than 30 minutes, the temperature and time period shall be determined using equation (2).
6.3.1.1.2.4 When the percent solids of the sewage sludge is less than seven percent; the temperature of the sewage sludge is 50 degrees Celsius or higher; and the time period is 30 minutes or longer, the temperature and time period shall be determined using equation (3).
Where,
D = time in days.
t = temperature in degrees Celsius.
6.3.1.2 Class A - Alternative 2.
6.3.1.2.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.2.2
6.3.1.2.2.1 The pH of the sewage sludge that is used or disposed shall be raised to above 12 and shall remain above 12 for 72 hours.
6.3.1.2.2.2 The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12.
6.3.1.2.2.3 At the end of the 72 hour period during which the pH of the sewage sludge is above 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent.
6.3.1.2.3 Class A - Alternative 3
he temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12.
6.3.1.2.2.3 At the end of the 72 hour period during which the pH of the sewage sludge is above 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent.
6.3.1.2.3 Class A - Alternative 3.
6.3.1.2.3.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge is prepared to meet the requirements of Section 700.
6.3.1.2.3.2
6.3.1.2.3.2.1 The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains enteric viruses.
6.3.1.2.3.2.2 When the density of enteric viruses in the sewage sludge prior to pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses until the next monitoring episode for the sewage sludge
zed prior to pathogen treatment to determine whether the sewage sludge contains enteric viruses.
6.3.1.2.3.2.2 When the density of enteric viruses in the sewage sludge prior to pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses until the next monitoring episode for the sewage sludge.
6.3.1.2.3.2.3 When the density of enteric viruses in the sewage sludge prior to pathogen treatment is equal to or greater than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses when the density of enteric viruses in the sewage sludge after pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the enteric virus density requirement are documented.
6.3.1.2.3.2.4 After the entric virus reduction in paragraph (iii)(C) of this section is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in paragraph (ii)(C) of this section.
6.3.1.2.3.3
6.3.1.2.3.3.1 The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains viable helminth ova.
6.3.1.2.3.3.2 When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova until the next monitoring episode for the sewage sludge
be analyzed prior to pathogen treatment to determine whether the sewage sludge contains viable helminth ova.
6.3.1.2.3.3.2 When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova until the next monitoring episode for the sewage sludge.
6.3.1.2.3.3.3 When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is equal to or greater than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova when the density of viable helminth ova in the sewage sludge after pathogen treatment is less than one per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the viable helminth ova density requirement are documented.
6.3.1.2.3.3.4 After the viable helminth ova reduction in (iii)(C) of this subsection is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in (iii)(C) of this subsection.
6.3.1.2.4 Class A - Alternative 4.
6.3.1.2.4.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700
e sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.2.4.2 The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700 unless otherwise specified by the permitting authority.
6.3.1.2.4.3 The density of viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700, unless otherwise specified by the permitting authority.
6.3.1.2.5 Class A - Alternative 5.
6.3.1.2.5.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp
he time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700, unless otherwise specified by the permitting authority.
6.3.1.2.5 Class A - Alternative 5.
6.3.1.2.5.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or given away in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.2.5.2 Sewage sludge that is used or disposed shall be treated in one of the Processes to Further Reduce Pathogens described below:
6.3.1.2.5.2.1 Composting - Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 55 degrees Celsius or higher for three days.
Using the windrow composting method, the temperature of the sewage sludge is maintained at 55 degrees or higher for 15 days or longer. During the period when the compost is maintained at 55 degrees or higher, there shall be a minimum of five turnings of the windrow.
6.3.1.2.5.2.2 Heat drying - Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10 percent or lower. Either the temperature of the sewage sludge particles exceeds 80 degrees Celsius or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 80 degrees Celsius.
6.3.1.2.5.2.3 Heat treatment - Liquid sewage sludge is heated to a temperature of 180 degrees Celsius or higher for 30 minutes
content of the sewage sludge to 10 percent or lower. Either the temperature of the sewage sludge particles exceeds 80 degrees Celsius or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 80 degrees Celsius.
6.3.1.2.5.2.3 Heat treatment - Liquid sewage sludge is heated to a temperature of 180 degrees Celsius or higher for 30 minutes.
6.3.1.2.5.2.4 Thermophilic aerobic digestion - Liquid sewage sludge is agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the sewage sludge is 10 days at 55 to 60 degrees Celsius.
6.3.1.2.5.2.5 Beta ray irradiation - Sewage sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20 degrees Celsius).
6.3.1.2.5.2.6 Gamma ray irradiation - Sewage sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (ca. 20 degrees Celsius).
6.3.1.2.5.2.7 Pasteurization - The temperature of the sewage sludge is maintained at 70 degrees Celsius or higher for 30 minutes or longer.
6.3.1.2.6 Class A - Alternative 6.
6.3.1.2.6.1 Either the density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella, sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or given away in a bag or other container for application to the land; or at the time the sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.2.6.2 Sewage sludge that is used or disposed shall be treated in a process that is equivalent to a Process to Further Reduce Pathogens, as determined by the permitting authority.
6.3.2 Monitoring and Reporting
sludge is prepared for sale or given away in a bag or other container for application to the land; or at the time the sewage sludge is prepared to meet the requirements in Section 700.
6.3.1.2.6.2 Sewage sludge that is used or disposed shall be treated in a process that is equivalent to a Process to Further Reduce Pathogens, as determined by the permitting authority.
6.3.2 Monitoring and Reporting.
6.3.2.1 Any sludge processed to further reduce pathogens must be monitored in accordance with the requirements described in the alternative used. Additional monitoring may be required by the Department as a permit condition.
6.3.2.2 Anyone who prepares a Class A sludge must report the results of all monitoring for the processing alternative used on a form provided by the Department. The frequency of reporting shall comply with the reporting frequency described in Section 701 or as specified in the permit.
6.4 Vector Attraction Reduction Requirements.
6.4.1 All sludge prepared for land application and for sale or give away in bulk or bag must meet the requirements of this subsection for Vector Attraction Reduction in addition to the requirements in Section 700 and in Subsections 402, 602 and 603.
6.4.2 Vector Attraction Reduction requirements may be achieved by application of one of the following processes:
6.4.2.1 The mass of volatile solids in the sewage sludge shall be reduce by a minimum of 38 percent (see calculation procedures in "Environmental Regulations and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge", EPA-625/R-92/013, 1992, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268).
6.4.2.2 When the 38 percent volatile solids reduction requirement in (2)(a) cannot be met for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius
Cincinnati, Ohio 45268).
6.4.2.2 When the 38 percent volatile solids reduction requirement in (2)(a) cannot be met for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. When at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17 percent, vector attraction reduction is achieved.
6.4.2.3 When the 38 percent volatile solids reduction requirement in (2)(a) cannot be met for an aerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. When at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent, vector attraction reduction is achieved.
6.4.2.4 The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.
6.4.2.5 Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius.
6.4.2.6 The pH of sewage sludge shall be raised to 12 or higher by alkali ne addition and, without the addition of more alkali shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours
hat time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius.
6.4.2.6 The pH of sewage sludge shall be raised to 12 or higher by alkali ne addition and, without the addition of more alkali shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours.
6.4.2.7 The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total solids prior to mixing with other materials.
6.4.2.8 The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90 percent based on the moisture content and total solids prior to mixing with other materials.
6.4.2.9 Sewage sludge shall be injected below the surface of the land.
6.4.2.10 No significant amount of the sewage sludge shall be present on the land surface within one hour after the sewage sludge is injected.
6.4.2.11 When the sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, the sewage sludge shall be injected below the land surface within eight hours after being discharged from the pathogen treatment process.
6.4.2.12 Sewage sludge applied to the land surface disposal site shall be incorporated into the soil within six hours after application to or placement on the land.
6.4.2.13 When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process.
6.4.2.14 The pH of domestic septage shall be raised to 12 or higher by alkali ne addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes
ewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process.
6.4.2.14 The pH of domestic septage shall be raised to 12 or higher by alkali ne addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes.
6.4.3 Vector Attraction Reduction requirements may also be met by employment of any one of the following practices in lieu of a specific Vector Reduction process found in 604 (2)(a-j).
6.4.3.1 One of the vector attraction reduction requirements in Subsection 604 (2)(a) through (2)(j) shall be met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site.
6.4.3.2 One of the vector attraction reduction requirements in Subsection 604 (2)(a) through (2)(h) shall be met when bulk sewage sludge is applied to a lawn or a home garden.
6.4.3.3 One of the vector attraction reduction requirements in Subsection 604 (2)(a) through (2)(h) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land.
6.4.3.4 One of the vector attraction reduction requirements in Subsection 604 (2)(i), (2)(j), or (2)(k) shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site.
6.4.4 Monitoring and Reporting.
6.4.4.1 Any sludge prepared for land application or for sale or give away in bulk or bag must be monitored for vector attraction reduction according to the conditions specified in the processes outlined in Subsection 604 (2)(a-j) or practices outlined in Subsection 604 (3)(a-d).
6.4.4.2 Any person that prepares a sludge for land application or for sale or give away in bulk or bag must report vector attraction reduction monitoring results to the Department on a form provided by the Department
monitored for vector attraction reduction according to the conditions specified in the processes outlined in Subsection 604 (2)(a-j) or practices outlined in Subsection 604 (3)(a-d).
6.4.4.2 Any person that prepares a sludge for land application or for sale or give away in bulk or bag must report vector attraction reduction monitoring results to the Department on a form provided by the Department. The frequency of reporting must comply with the schedule outlined in Subsection 701 of these regulations or as specified in the permit.
7.0 Utilization Methods.
7.1 General Operating Requirements.
7.1.1 Each person that conducts sludge utilization shall comply with all of the following:
7.1.1.1 The requirements of the Delaware Environmental Protection Act, 7 Del.C. , Ch. 60, these regulations and the additional operating requirements for the specific type of operation that are set forth in these regulations.
7.1.1.2 The plans and specifications in the permit, the terms and conditions of the permit, and any orders issued by the Department.
7.1.1.3 The Departmental regulations for agricultural utilization, unless the person is operating pursuant to a permit that allows use of the loading rate guidelines for land reclamation, utilization or disposal at landfills, research projects, land disposal, or sludge distribution program, in which case the person shall comply with the applicable guidelines for such operation.
7.1.1.4 Prior to utilization all sewage sludge shall be stabilized according to a method specified in Section 600.
7.1.1.5 Before sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 is applied, the Applier shall contact the Department to determine whether sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 has been applied to the site since July 20, 1993
ior to utilization all sewage sludge shall be stabilized according to a method specified in Section 600.
7.1.1.5 Before sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 is applied, the Applier shall contact the Department to determine whether sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 has been applied to the site since July 20, 1993.
7.1.1.6 If such sewage sludge has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 402.4 may be applied to the site in accordance with these Regulations.
7.1.1.7 If such sewage sludge has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the sewage sludge since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied in accordance with Table 402.4.
7.1.2 Monitoring requirements for all sludge utilization methods.
7.1.2.1 The monitoring frequency for the parameters identified in Section 402 (tables 402.2-402.3, 402.4, 402.5), 602(1), 603(1) and 604(2) shall be based on the amount of sewage sludge generated, prepared, or applied (in metric tons on a dry weight basis) per 365-day period as follows:
• Greater than 0 but less than 290 - once per year
• Equal to or greater than 290 but less than 1,500 - once per quarter (four times a year)
• Equal to or greater than 1,500 but less than 15,000 - once per 60 days (six times per year)
• Equal to or greater than 15,000 - once per month (12 times per year)
7.1.3 The Department may specify additional monitoring in any permit issued for the utilization of sludge.
7.1.4 The Department may reduce the frequency of monitoring for the pollution concentrations in Section 400 and for the pathogen density requirements in Section 600 after two years of monitoring to a minimum of yearly monitoring unless otherwise specified in a sludge utilization permit
year)
7.1.3 The Department may specify additional monitoring in any permit issued for the utilization of sludge.
7.1.4 The Department may reduce the frequency of monitoring for the pollution concentrations in Section 400 and for the pathogen density requirements in Section 600 after two years of monitoring to a minimum of yearly monitoring unless otherwise specified in a sludge utilization permit.
7.1.5 Sampling and analysis shall be conducted in accordance with the requirements of Section 1000.
7.1.6 The sludge generator shall submit to the Department, land applier and landowner annual copies of a chemical analysis of the sludge unless the Department approves a different schedule in the permit.
7.1.7 The sludge generator shall perform and submit to the Department and landowner additional analyses as used in the permit application and design if there has been a significant change (greater than 25%) in the quality of sludge.
7.1.8 The Department may modify the approved sludge application rate based upon review of continuing or additional analyses.
7.2 Agricultural Utilization of Sludge and Septage. This section applies to the land application of sewage sludges, sludge products, and septage which meet the minimum quality criteria specified in Subsection 402 and pathogen reduction requirements of Section 600, but do not meet the Exceptional Quality standards for general distribution and marketing.
7.2.1 Agronomic Rate:
7.2.1.1 Sewage sludge application rates must be calculated based on the following:
7.2.1.1.1 The nitrogen required by the crop to be grown according to University of Delaware Cooperative Extension Service crop fertility recommendations. Crop demand must be based on realistic yield goals determined either through the average of the three highest yields from the previous five years for each field for each specific crop, or Extension recommendations
lculated based on the following:
7.2.1.1.1 The nitrogen required by the crop to be grown according to University of Delaware Cooper

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## Nearby sections

- [7 Del. Admin. Code § 7201 7 DE Admin. Code 7201. Regulations Governing the Control of Water Pollution](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_7201.md)
- [7 Del. Admin. Code § 7202 7 DE Admin. Code 7202. Regulations Governing Use and Disposal of Wastewater Sludge](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_7202.md)
- [7 Del. Admin. Code § 7204 7 DE Admin. Code 7204. Regulations for Licensing Operators Of Wastewater Facilities](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_7204.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_7202. Check the current official text before relying on it. Not legal advice.