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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3745 Ohio Environmental Protection Agency |
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Chapter3745-40. Sewage Sludge |
3745-40-07. Requirements for the field storage of biosolids and regional facility storage
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(A) Biosolids shall be stored in a manner that is protective of human health and the environment and shall not impact waters of the state or create nuisance odors.
(B) Prohibitions. If utilizing vector attraction reduction options nine (VAR-9) or ten (VAR-10), the field storage of class B biosolids is prohibited.
(C) Except as provided in rule 3745-40-10 of the Administrative Code, no person shall store class B biosolids at a site that has not been authorized by the director or an authorized representative for beneficial use in accordance with rule 3745-40-06 of the Administrative Code.
(D) Isolation distance requirements.
(1) The isolation distances listed in table D-1 of this rule shall be maintained for the field storage of class B and bulk exceptional quality biosolids.
Table D-1: Isolation distance requirements that shall be maintained from the location of class B and bulk exceptional quality biosolids.
Isolation distance requirement:
To be maintained from:
For biosolids classification:
Three feet
Bedrock
Class B and bulk exceptional quality
One hundred feet
Surface waters of the state
Class B and bulk exceptional quality
Three hundred feet
A sinkhole or a UIC class V drainage well
Class B and bulk exceptional quality
Three hundred feet
An occupied structure or school
Class B
Three hundred feet
A private, potable water source
Class B
One thousand feet
A medical care facility
Class B
(2) The director or an authorized representative may allow a reduction in isolation distance for an occupied structure that is located adjacent to field storage area at an authorized beneficial use site, provided such a request is made from both the structure owner and, if applicable, the resident of the occupied structure.
A request for an isolation distance reduction shall be made on forms approved by the director.
(3) In addition to the isolation distance requirements in table D-1 of this rule, no person shall store class B biosolids in any of the following ways:
(a) Within either of the following areas pertaining to public water systems:
(i) Within the sanitary isolation distance a public water system shall maintain for a drinking water supply well as established in rule 3745-9-04 of the Administrative Code.
(ii) Within the following areas defined in table D-2 of this rule.
Table D-2: Setback requirements for public water systems.
Type of public water system
Setback
Community or non-transient, non-community public water system
The inner management zone; if the drinking water source protection area is underlain by karst or fractured bedrock and has been determined to be highly susceptible to contamination, the setback shall be extended to include the entire drinking water source protection area.
Transient, non-community public water system using ground water
Three hundred feet from the water supply well
(iii) Within the emergency management zone for a public water system using surface water. Where no emergency management zone has been delineated or endorsed by the Ohio environmental protection agency, the isolation distance shall consist of a circle with a radius of one thousand five hundred feet from the intake.
(b) Within a low lying wet area or on soils frequently flooded.
[Comment: "Frequently flooded" and "low lying wet area" are defined in rule 3745-40-01 of the Administrative Code.]
(c) Where the slope is greater than fifteen per cent.
(E) The maximum amount of class B or bulk exceptional quality biosolids to be delivered shall conform to both of the following:
(1) For any beneficial use site, shall not exceed the amount required to meet the calculated agronomic rate for the beneficial use site and any contiguous beneficial use site.
(2) For any land reclamation site, shall be in accordance with paragraph (B) of rule 3745-40-03 of the Administrative Code.
(F) For class B or bulk exceptional quality biosolids that are stockpiled or stored at the beneficial use site, all of the following conditions apply:
(1) A permit to install, in accordance with Chapter 3745-42 of the Administrative Code, shall be obtained from the director prior to storage of liquid biosolids.
(2) The field storage of class B or bulk exceptional quality biosolids at any beneficial use site shall be in accordance with table F-1 of this rule.
Table F-1: Field storage requirements.
Biosolids classification
Number of days of field storage
Is field storage allowed?
Class B and bulk exceptional quality
Less than or equal to ninety days
Yes
Class B and bulk exceptional quality
Greater than ninety days
No. The field storage of biosolids for more than ninety days is prohibited.
(3) For class B or bulk exceptional quality biosolids stored at a beneficial use site, the date of first delivery of the biosolids to the beneficial use site and the date that beneficial use of the biosolids is completed shall be recorded.
(4) Surface water diversions and other best management practices shall be utilized when there is field storage of class B or bulk exceptional quality biosolids at any beneficial use site. Surface water diversions include, but are not limited to, silt fences installed to catch any solids in runoff, or temporary berms installed to divert runoff away from the biosolids. These measures are not necessary for the temporary transfer of biosolids from a delivery vehicle to a beneficial use vehicle on the same day the biosolids are delivered to the beneficial use site.
(5) If biosolids cannot be beneficially used within ninety days after delivery to the beneficial use site, the biosolids shall be returned to the treatment works at which the biosolids were generated, taken to a landfill for disposal, taken to another treatment works or regional storage facility provided said treatment works or regional storage facility has an NPDES permit for the treatment, storage, transfer or disposal of biosolids, or taken to another beneficial use site where the biosolids shall be beneficially used the same day that the biosolids were removed from the previous beneficial use site.
(G) Regional storage facility requirements. A regional storage facility is required when class B or bulk exceptional quality biosolids will be stored for more than ninety days at any location other than the generating treatment facility.
(1) A permit to install, in accordance with Chapter 3745-42 of the Administrative Code, shall be obtained from the director prior to the construction of a regional storage facility.
(2) An NPDES permit shall be obtained prior to any treatment of biosolids at a regional storage facility.
(3) No person shall take any of the following actions:
(a) Store biosolids at a regional storage facility for more than two years without proper authorization from the director or an authorized representative.
(b) Unless in accordance with an NPDES permit, mix class B biosolids from two or more different treatment works not owned by the same permittee at a regional storage facility.
(c) Locate a regional storage facility within the isolation distances listed in table D-1 of this rule.
(d) Locate a regional storage facility within a drinking water source protection area for a community public water system using ground water.
(e) Locate a regional storage facility where there is a potential for an unpermitted discharge to waters of the state.
(f) Store biosolids at a regional storage facility in a manner that is not protective of human health and the environment, impacts waters of the state or creates nuisance odors.
(H) To protect public health or the environment or to minimize the creation of nuisance odors, the director or an authorized representative may do any of the following:
(1) Decrease the maximum time the biosolids may be stored at a beneficial use site or regional storage facility.
(2) Prohibit the storage of biosolids at a beneficial use site or regional storage facility.
(3) Require other measures to protect public health and the environment, or to minimize the creation of nuisance odors.