Section 391.402 General Criteria

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Illinois Administrative Code › Title 35 ENVIRONMENTAL PROTECTION › CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY › Part 391 DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Section 391.402 General Criteria

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Section 391

Section 391.402  General

Criteria

a)         Sludge shall be applied as soon as possible after transport to

the application site, unless storage is provided in compliance with the sludge

storage criteria.

b)         Sludge shall not be applied on land:

1)         During precipitation;

2)         Which is saturated or with ponded water.

c)         It is not recommended that sludge be applied on land:

1)         When precipitation is imminent;

2)         Which has received greater than ¼ inch rainfall within the 24

hour period preceding the intended application time.

d)         Sludge applied to natric soils shall be incorporated.

e)         Sludge shall be applied at or below the annual nitrogen or

phosphorus agronomic rate as calculated using the nutrient loading criteria

pursuant to Section  391.410 for the crops grown or the heavy metal loading criteria

pursuant to Section 391.420.

f)         Unless surface application is allowed by Section 391.404(a) or

specified in a permit, sludge shall be incorporated as soon as possible after

application to prevent odor emission and runoff potential.  Sludge shall be

incorporated within 48 hours or prior to any rainfall after application

whichever is more restrictive.

g)         Sludge shall not be applied to sites used for growing of

commercial truck gardening fruits and vegetables that are grown and sold for

direct human consumption.  For public distribution programs, it is not

recommended that sludge be applied to sites for individual use that may grow

leafy (lettuce, spinach, Swiss chard, etc.) or root (potatoes, carrots,

horseradish, etc.) vegetables unless the following conditions are met:

1)         The application rate does not exceed 10 dry tons/acre per

year;

2)         The sludge does not contain more than 10 mg Cd/Kg (dry weight

basis);

3)         The sludge has been aged for approximately 3 years after

digestion or stabilization;

4)         All vegetables are thoroughly washed or cooked prior to

consumption;

5)         Comply wi

es unless the following conditions are met:

1)         The application rate does not exceed 10 dry tons/acre per

year;

2)         The sludge does not contain more than 10 mg Cd/Kg (dry weight

basis);

3)         The sludge has been aged for approximately 3 years after

digestion or stabilization;

4)         All vegetables are thoroughly washed or cooked prior to

consumption;

5)         Comply with Subsection 391.402 (a), (b), (c), (d), (f), (i),

(j), (k), 391.403(d) and 301.404(d) as listed herein.

h)         Liquid sludge shall not be applied by spray irrigation

facilities unless specifically permitted by the Agency.  Spray irrigation

operations will be considered for permits if the applicant demonstrates the

environmental acceptability of the project with particular attention to the

following items:

1)         Type of sludge digestion utilized;

2)         Isolation from habitation;

3)         Buffer areas from application sites;

4)         Water balance and storage requirements;

5)         Spray irrigation equipment design and operational procedures;

6)         Sludge characteristics pursuant to Subpart E in this rule;

7)         Compliance with other criteria listed in this rule.

i)          Wind direction and velocity, humidity and the day of the week

shall also be considered prior to sludge transport and applications with

respect to neighboring activities.

j)          Polychlorinated Biphenyls and Hazardous Waste

1)         Sludge containing concentrations of Polychlorinated Biphenyls

(PCBs) equal to or greater than 10 mg/kg (dry weight basis) must be

incorporated into the soil when applied to land used for producing animal feed,

including pasture crops for animals raised for milk.  Incorporation of the sludge

into the soil is not required if it is assured that the PCB content is less

than 0.2 mg/kg (actual weight) in animal feed or less than 1.5 mg/kg (fat

basis) in milk

(PCBs) equal to or greater than 10 mg/kg (dry weight basis) must be

incorporated into the soil when applied to land used for producing animal feed,

including pasture crops for animals raised for milk.  Incorporation of the sludge

into the soil is not required if it is assured that the PCB content is less

than 0.2 mg/kg (actual weight) in animal feed or less than 1.5 mg/kg (fat

basis) in milk.

2)         Sludge containing concentrations of PCBs equal to or greater

than 50 mg/kg (dry weight basis) shall not be land applied and are subject to

the Toxic Substances Control Act (15 U.S.C. 2601 et seq. (1982)).

3)         Sludge which exhibits the characteristics of a hazardous waste

defined in 40 CFR 261.20 (1983) shall not be land applied unless it is

performed in accordance with 40 CFR 264 Subpart M (1983) and Illinois Pollution

Control Board (IPCB) rules under Title 35, Subtitle G, Chapter I.  It is the

generator's responsibility to make this determination.

k)         Sludge must be properly stabilized or digested to reduce odor

potential and pathogen content of the sludge prior to land application.

Acceptable methods include but are not limited to aerobic digestion, anaerobic

digestion, composting and lime stabilization.

1)         If the treatment plant sludge digestion process units are

designed and operated within the requirements set forth in Illinois Recommended

Standards for Sewage Works, the sludge will normally be assumed to be stablized

for land application.

2)         If the sludge is to be composted or lime stabilized, the

process must be designed and operated in accordance with the definitions of

composting and lime stabilization specified in 40 CFR 257 Appendix II, Section

A (1983).

3)         For facilities not meeting the above requirements or for other

methods not mentioned, the Agency will require that sludge analysis and

engineering data be submitted by the applicant to prove that stabilization and

pathogen kill is obtained

gned and operated in accordance with the definitions of

composting and lime stabilization specified in 40 CFR 257 Appendix II, Section

A (1983).

3)         For facilities not meeting the above requirements or for other

methods not mentioned, the Agency will require that sludge analysis and

engineering data be submitted by the applicant to prove that stabilization and

pathogen kill is obtained.

l)          If the sludge is disposed of by burial on the treatment plant

grounds, the site must be designed and operated in accordance with the

regulations adopted pursuant to Title V of the Environmental Protection Act.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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