Section 391.404 Site Characteristics

IllinoisRegulations

Ask Donna

How this section applies to your facts.

Illinois Administrative Code › Title 35 ENVIRONMENTAL PROTECTION › CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY › Part 391 DESIGN CRITERIA FOR SLUDGE APPLICATION ON LAND › Section 391.404 Site Characteristics

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 391.404   Site

Characteristics

a)         Sludge shall not be surface applied without incorporation to

farm land having greater than 5% slope.  If the slope does exceed 5%, surface

application can be used providing the annual soil loss does not exceed 5

tons/acre as calculated by the Universal Soil Loss Equation found in the

University of Illinois Cooperative Extension Service Circular, "Estimating

your soil erosion losses with USLE", revised May 1980 or in USDA

Agricultural Handbook #537, "Predicting Rainfall Erosion Losses",

December 1978.

b)         Sludge may be incorporated on lands having slopes up to eight

percent, irrespective of soil loss.  If the slope exceeds eight percent,

incorporation methods may be used providing the annual soil loss does not

exceed five tons per acre as calculated by the Universal Soil Loss Equation.

c)         For sludge applied soils having the following infiltration

rates as determined by standard percolation tests or from information contained

in soil surveys, the listed minimum soil depth to the mean annual water table

shall be adhered to:

1)         Greater than 2 inches/hour – 10 feet;

2)         Less than or equal to 2 inches/hour – 5 feet.

d)         Unless otherwise allowed by Section 391.450, sludge applied

land must have a background soil pH of 6.5 or greater or liming of the land is

required prior to sludge application to raise the soil pH to a minimum of 6.5.

Note that some liming techniques of the soil do not immediately raise the soil

pH.  Considerable time is usually required.  Water treatment plant lime

softening sludge may be used to raise the soil pH

by Section 391.450, sludge applied

land must have a background soil pH of 6.5 or greater or liming of the land is

required prior to sludge application to raise the soil pH to a minimum of 6.5.

Note that some liming techniques of the soil do not immediately raise the soil

pH.  Considerable time is usually required.  Water treatment plant lime

softening sludge may be used to raise the soil pH.

e)         Pasture or hay ground that has received surface applied sludge

shall not be harvested or used for livestock grazing for a period of at least

one month after sludge application or until precipitation of sufficient

duration and intensity has occurred and washed all sludge from the area of the

plant which can be injested by an animal, whichever time period is greater.

f)         Frozen ground which is not ice or snow covered and has a slope

of 5% or less may be used for winter spreading providing a 200 feet grassy area

exists between the sludge applied land and any surface water or potable water

supply well.

g)         In general, sludge application shall not be applied on ice or

snow covered ground.  Sludge may be applied on ice or snow covered ground

during emergency situations pursuant to an Agency permit only under the

following conditions:

1)         The treatment plant site does not have adequate storage

facilities or sufficient springtime application period and the effluent may

cause violations of their NPDES limits;

2)         Sludge application site shall not be fall plowed by mold board

plow unless a 200 foot grassy area exists between the application site and any

swale, waterway, surface water, or potable water supply well;

3)         Slope of the application site does not exceed 5%;

4)         Runoff control measures such as vegetative fence rows around

the site, contour farming, terracing, catchment basins and buffer areas in the

direction of surface runoff;

5)         Site is isolated from habitation;

6)         No landfill is accessible;

7)         No feasible alternative is avail

or potable water supply well;

3)         Slope of the application site does not exceed 5%;

4)         Runoff control measures such as vegetative fence rows around

the site, contour farming, terracing, catchment basins and buffer areas in the

direction of surface runoff;

5)         Site is isolated from habitation;

6)         No landfill is accessible;

7)         No feasible alternative is available;

8)         Other alternatives will be pursued by the generator, as

appropriate.

h)         Sludge amended land shall have a crop grown and harvested

according to normal agricultural practice.  Normal agricultural practices may

include fallow land, set-aside programs, pasture land or other similar

agricultural uses.  Application rates shall be based upon the nitrogen or

phosphorus requirements for the crops grown taking into account the soil

nutrient level determined by soil testing.

i)          Horticultural, silvicultural, nursery, sod farm, highway

median or right-of-way or other beneficial uses of sludge on land will be

reviewed on a case-by-case determination.  Conformance with other criteria

contained in this Part shall be evaluated and incorporated in a management plan

by the generator or user as appropriate for their particular case.

j)          The following numbers correspond to soil type numbers

identified on soil survey maps complied by the United States Department of

Agriculture – Soil Conservation Service.  These numbers identify soils which

have characteristics such as steep slopes, shallow soil depth, saline content

or a texture that may constrain their use for sludge application projects. Additional

precautions such as incorporation, lower application rates or groundwater

monitoring may be necessary for sludge application on these types of soils.

This list may not include every soil type in the state that may constrain a

sludge application project

uch as steep slopes, shallow soil depth, saline content

or a texture that may constrain their use for sludge application projects. Additional

precautions such as incorporation, lower application rates or groundwater

monitoring may be necessary for sludge application on these types of soils.

This list may not include every soil type in the state that may constrain a

sludge application project.  The descriptions of all soil types identified on a

soil survey map should be evaluated along with field observation and

verification for determining the acceptability of certain sludge application

areas.  The following soil type numbers warrant additional consideration for

determining what constraints are required for sludge application of these soil

types:

5

93

271

472

620

956

7

98

282

501

660

977

8

100

312

504

731

25

103

316

511

741

34

120

354

513

761

49

210

389

551

768

53

224

397

581

777

54

241

417

584

779

85

250

425

585

786

88

253

427

605

903

92

264

471

606

955

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.