Current through Register Vol. 54, No. 45, November 9, 2024
Section 271.915 - Management practices(a) Sewage sludge may not be applied to the land if it is likely to adversely affect a Federal or Pennsylvania threatened or endangered species, or its designated critical habitat, listed under or pursuant to section 4 of the Endangered Species Act (16 U.S.C.A. § 1533), 30 Pa.C.S. § 2305 (relating to threatened and endangered species) or 34 Pa.C.S. (relating to game and wildlife code).(b) Sewage sludge may not be applied to agricultural land, forest, a public contact site or a reclamation site that is flooded, frozen or snow-covered, except as expressly provided in a permit issued under Chapter 91, 92 or 105 (relating to general provisions; National Pollutant Discharge Elimination System; and dam safety and waterway management), as applicable.(c) Sewage sludge may not be applied to agricultural land, forest or a reclamation site that is: (1) Within 100 feet (or 30.5 meters) or less of a perennial stream or within 33 feet (or 10 meters) of an intermittent stream.(2) Within 100 feet (or 30.5 meters) of the edge of a sink hole.(3) Within 300 feet (or 91 meters) from an occupied dwelling unless the current owner there has provided a written waiver consenting to activities closer than 300 feet (or 91 meters). The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner. This paragraph does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g) (relating to land application of sewage sludge; and general requirements).(4) In an area without an implemented erosion and sedimentation control plan or a farm conservation plan.(5) Within 300 feet (or 91 meters) of a water source unless the current owner has provided a written waiver consenting to the activities closer than 300 feet (or 91 meters). This paragraph does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g).(6) Within 100 feet (or 30.5 meters) of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).(7) Within 11 inches (or 28 centimeters) of the seasonal high water table, nor within 3.3 feet (or 1 meter) of the regional groundwater table. For purposes of this section, the depths to seasonal high water table and to regional groundwater table shall be based on the most recent soil mapping as published by the United States Department of Agriculture (USDA) Natural Resources Conservation Service, or more detailed mapping data as mapped by an expert in soil science using standard and acceptable mapping procedures as developed by the USDA Natural Resources Conservation Service.(d) A person may not apply sewage sludge when sewage sludge is to be land applied for:(1) Agricultural utilization on slopes that exceed 25%, unless otherwise approved in writing by the Department.(2) Land reclamation on slopes that exceed 35%, unless otherwise approved in writing by the Department.(e) A person may not apply sewage sludge unless the soil pH is 6.0 or greater prior to land application unless the Department allows the increase of pH by application of sewage sludge or other material in which case the soil pH shall be 6.0 or greater within 6 months following the application of sewage sludge, or unless otherwise approved in writing by the Department.(f) Sewage sludge may not be applied at a rate that is greater than the agronomic rate, unless a greater application rate is approved by the Department for land reclamation activities.(g) If the nitrogen available from the manure produced by animals at the farm satisfies the nutrient needs of the farm for realistic expected crop yields, the sewage sludge may not be applied at that farm, unless a management plan is implemented that allows for uses of the manure other than land application on that farm.(h) A person that operates under an individual or general land application of sewage sludge permit issued under this subchapter shall comply with the EPA and the Department guidance documents on the land application of sewage sludge pertaining to conducting sampling and analyses, and calculating the agronomic rate and the cumulative pollutant loading rate.(i) A person that operates under an individual or general permit issued under this subchapter shall comply with applicable sections of Chapter 285 (relating to storage, collection and transportation of municipal waste) prior to land application, unless the applicant proposes to store sewage sludge on drying beds or structures under a solid waste permit from the Department.(j) The Department will require persons land applying sewage sludge to complete training courses sponsored by the Department in a timely and satisfactory manner. Satisfactory completion means attendance at all sessions of training, and attainment of a minimum grade of 70% on tests given as part of the training courses. In the case of a person who prepares sewage sludge that will be land applied, and a person who land applies residential septage, at least one person with responsibility for the land application of sewage sludge shall satisfactorily complete the training in a timely fashion. The Department may suspend or revoke the individual permit issued under Chapter 275, the individual land application of sewage sludge permit, or coverage under a land application of sewage sludge general permit to land apply sewage sludge, if the person does not satisfactorily complete the training courses within the following time periods: (1) Two years for a person conducting land application operations as of January 25, 1997.(2) One year for a person that begins conducting land application operations after January 25, 1997.(k) When land applying sewage sludge, a person shall display the permit number of the individual permit issued under Chapter 275, or the individual or general land application of sewage sludge permit, under which the person is operating on the sides and rear of each vehicle which is used in the land application of sewage sludge, in numbers at least 3 inches (or 7.6 centimeters) high in a color contrasting to the background.(l) A person that land applies residential septage shall also ensure that nonorganic objects are removed prior to spreading.(m) For land reclamation, sewage sludge shall be incorporated within 24 hours after application.The provisions of this §271.915 adopted January 24, 1997, effective 5/27/1997, 27 Pa.B. 521; amended December 22, 2000, effective 12/23/2000, 30 Pa.B. 6685. This section cited in 25 Pa. Code § 271.413 (relating to assessment of penalties-minimum penalties); 25 Pa. Code § 271.821 (relating to application for general permit); 25 Pa. Code § 271.911 (relating to special requirements); and 25 Pa. Code § 271.918 (relating to recordkeeping).