17.50.811 OPERATION AND MAINTENANCE REQUIREMENTS FOR LAND APPLICATION OR INCORPORATION OF SEPTAGE

(1) A person may not apply septage to public contact sites or home lawns or gardens.

(2) Bulk materials derived from septage, or materials derived from septage sold or given away in a bag or other container, may not be applied to public contact sites or home lawns or gardens unless the materials to be applied satisfy the pollutant concentration requirements in 40 CFR 503.13(b) (3) , the Class A pathogen requirements in 40 CFR 503.32(a) , and at least one of the vector attraction reduction requirements in 40 CFR 503.33(b) (1) through (b) (8) .

(3) A person may apply septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container not meeting the requirements of (2) only to agricultural land, forest land, or reclamation sites, and only if the person first performs one of the following vector attraction and pathogen reduction methods:

(a) injection below the surface of the land so no significant amount remains on the land surface within one hour after injection;

(b) incorporation into the soil surface plow layer within six hours after the application;

(c) addition of alkali material so that the pH is raised to and remains at 12 or higher for a period of at least 30 minutes; or

(d) management as required by ARM 17.50.810 when the ground is frozen.

(4) A person may apply septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container that do not meet the requirements of (2) only if the use of the site is restricted so that:

(a) food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface are not harvested for 14 months after application;

(b) food crops with harvested parts below the surface of the land are not harvested for 20 months after application of material if the material remains on the land surface for four months or longer prior to incorporation into the soil;

(c) food crops with harvested parts below the surface of the land are not harvested for 38 months after application of material if the material remains on the land surface for less than four months prior to incorporation into the soil; and

(d) other food crops, feed crops, and fiber crops are not harvested for 30 days after application.

(5) The following additional restrictions apply if septage, bulk materials derived from septage not meeting the requirements of (2) , or materials derived from septage sold or given away in a bag or other container that do not meet the requirements of (2) are applied to land and have not been treated with alkali as in (3) (c) :

(a) animals may not be permitted to graze on the land for 30 days after application of the material;

(b) turf grown on the land may not be harvested for one year after application of the material if the harvested turf is to be placed on land with a high potential for public exposure or on a lawn, unless otherwise specifically authorized by the department;

(d) public access to land with a low potential for public exposure must be restricted for 30 days after application.

(6) Septage and material derived from septage may be disposed of in a Class II disposal unit licensed by the department pursuant to ARM Title 17, chapter 50, subchapter 5, if it first has been dewatered so it is no longer a bulk liquid.

(7) Septage may be placed in an active sewage sludge management unit at a permitted wastewater treatment facility only if the facility is designed and operated to handle septage in a manner protective of human health and the environment and in conformance with Department Circular DEQ-2, Design Standards for Public Sewage Systems.

(8) A person may not dispose of septage or material derived from septage other than by landfilling or composting at a licensed solid waste management facility, in conformance with the requirements of this rule, or in a permitted treatment works, unless the licensee or applicant has first applied in writing and obtained the department's written determination that the proposed disposal methods are at least as protective of human health and the environment as the methods permitted under this subchapter.

(9) A person required by this rule to screen septage prior to application to land shall first screen the septage with a screen having a maximum opening width of three-quarters of an inch to remove non-putrescible wastes and shall dispose of the non-putrescible wastes in a Class II solid waste management facility licensed in accordance with 75-10-221, MCA. Screening is not required during the months of December, January, or February, but non-putrescible wastes must be removed from the land application site within one week after the snow melts.

(10) A person applying septage to land shall apply it with a spreader bar, splash plate, or other dispersive mechanism approved by the department.

(11) If the department determines that a licensee's litter control has been inadequate, it may require that a licensee screen septage prior to future land applications. The department may also take any other action provided by law or rule.

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History: 75-10-204, 75-10-1202, MCA; IMP, 75-10-204, 75-10-1202, MCA; NEW, 2001 MAR p. 848, Eff. 5/25/01; AMD, 2004 MAR p. 2383, Eff. 10/8/04; AMD, 2012 MAR p. 2067, Eff. 10/12/12.