OAR 340-096-0030: Special Rules Pertaining to Sludge and Land Application Disposal Sites

(1) Applicability: (a) This rule applies to all land used for the spreading, deposit, lagooning or disposal of sewage sludge, septage and other sludges. Such land and facilities are defined as disposal sites by ORS Chapter 459, and are also subject to the requirements of OAR 340, divisions 93, 95, and 97 as applicable, including the requirements for obtaining a permit from the Department in accordance with OAR 340-093-0050 and 340-093-0070; (b) Disposal of sewage sludges resulting from a sewage treatment facility that is operating under a current and valid Waste Discharge Permit, issued under ORS 468B.050, is exempted from obtaining a solid waste disposal permit, provided that said sewage sludge disposal is adequately covered by specific conditions of the Waste Discharge Permit. Such sewage sludge disposal operations and sites shall comply with all other provisions of OAR 340, divisions 93 through 97 and other laws, rules and regulations pertaining to solid waste disposal. (2) Plans and Specifications for Sludge Disposal Sites: (a) Detailed plans and specifications for sludge disposal lagoons shall include, but not be limited to, location and design of the physical features of the site, such as berms, dikes, surface drainage control, access and on-site roads, waste water facilities, inlet and emergency overflow structures, fences, utilities and truck washing facilities, topography with contours not to exceed five foot contour intervals, elevations, legal boundaries and property lines, and land use; (b) Plans and specifications for land application units shall include, but not be limited to, physical features of the site, such as, surface drainage, access and on-site roads, fences, truck washing facilities, topography with contours not to exceed five foot contour intervals, rates and frequency of sludge application, legal boundaries and property lines and land use. (3) Prohibited Methods of Sludge Disposal: (a) Septage and raw sewage sludge shall not be permitted to be disposed of by land spreading, unless it is specifically determined and approved in writing by the Department or state or local health agency having jurisdiction, that such disposal can be conducted with assured, adequate protection of public health and safety and the environment; (b) Except for “heat-treated” sewage sludges, sewage sludges including septage, raw, non-digested and digested sewage sludges, shall not be: (A) Used as fertilizer on root crops, vegetables, low growing berries or fruits that may be eaten raw; (B) Applied to land later than one year prior to planting where vegetables are to be grown; (C) Used on grass in public parks or other areas at a time or in such a way that persons could unknowingly come in contact with it; (D) Given or sold to the public without their knowledge as to its origin. (c) Sludges shall not be deposited in landfills except in accordance with operations plans that have been submitted to and approved by the Department in accordance with OAR 340-094-0060(2)(d) or 340-095-0030(2)(d). (4) Sludge Lagoon and Land Application Unit Design, Construction and Operation: (a) Location: (A) Sludge lagoons shall be located a minimum of 1/4 mile from the nearest residence other than that of the lagoon operator or attendant; (B) Sludge shall not be spread on land where natural run-off could carry a residue into public waters; (C) If non-digested sludge is spread on land within 1/4 mile of a residence, community or public use area, it shall be plowed under the ground, buried or otherwise incorporated into the soil within five days after application. (b) Fences: (A) Public access to a lagoon site shall be controlled by man-proof fencing and gates which shall be locked at all times that an attendant is not on duty; (B) Public access to land application units shall be controlled by complete perimeter fencing and gates capable of being locked as necessary. (c) Signs. Signs shall be posted at land application units as required. Signs which are clearly legible and visible shall be posted on all sides of a sludge lagoon, stating the contents of the lagoon and warning of potential hazard to health; (d) Drainage. A sludge disposal site shall be so located, sloped or protected such that surface drainage will be diverted around or away from the operational area of the site; (e) Type of Sludge Lagoon. Lagoons shall be designed and constructed to be non overflow and watertight; (f) Lagoon Freeboard. A minimum of 3.0 feet of dike freeboard shall be maintained above the maximum water level within a sludge lagoon unless some other minimum freeboard is specifically approved by the Department; (g) Lagoon Emergency Spillway. A sludge lagoon shall be provided with an emergency spillway adequate to prevent cutting-out of the dike, should the water elevation overtop the dike for any reason; (h) Sludge Removal from Lagoon. Water or sludge shall not be pumped or otherwise removed from a lagoon, except in accordance with a plan approved in writing by the Department; (i) Monitoring Wells. Lagoon sites located in areas having high groundwater tables or potential for contaminating usable groundwater resources may be required to provide groundwater monitoring wells in accordance with plans approved in writing by the Department. Said monitoring wells shall be sufficient to detect the movement of groundwater and easily capable of being pumped to obtain water samples; (j) Truck Washing. Truck washing areas, if provided, shall be hard surfaced and all wash waters shall be conveyed to a catch basin, drainage and disposal system approved by the Department or state or local health agency having jurisdiction; (k) Records. The Department may require such records and reports as it considers are reasonably necessary to ensure compliance with conditions of a permit or OAR 340, divisions 93 through 97. All records must be kept for a minimum of five years. In the case of a change in ownership of the permitted facility, the new permittee is responsible for ensuring that the records are transferred from the previous permittee and maintained for the required five years.