West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-02 - Sewage Sludge Management Rule › Section 33-2-4 - Permits Required

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Applicability.
4.1.a. No person may construct
				or operate a sewage sludge processing facility (including mixed waste
				composting facilities which utilize sewage sludge) or a commercial solid waste
				facility which processes or handles sewage sludge or materials derived from
				sewage sludge without first obtaining a solid waste facility permit.
4.1.b. On and after the effective date of
				this rule, all permitted facilities shall submit an application to modify such
				permit.
4.1.c. Except as provided
				in 4.1.c.1, 4.1.c.2 and 4.1.c.3 of this rule, no person may land apply sewage
				sludge without first obtaining a land application permit: Provided, That land
				application permit requirements may be incorporated into a modification of a
				facility's WV/NPDES permit required under W Va. Code '22-11-1 et seq.
4.1.c.1. A land application permit is not
				required for sewage sludge products which meet the Table 1 metals limits of
				this rule, and which have been treated to achieve Class A pathogen reduction
				requirements in accordance with
				40 CFR
				503.32(a) and one of the
				vector attraction reduction requirements in
				40 CFR
				503.33(b)1 through(b)8, and
				which are sold or given away in a bag or other container;
4.1.c.2. Any person who land applies bulk
				sewage sludge products which meet the Table 1 metals limits of this rule, and
				which have been treated to achieve Class A pathogen reduction requirements in
				accordance with
				40 CFR
				503.32(a) and one of the
				vector attraction reduction requirements in
				40 CFR
				503.33(b)1 through(b)8, is
				not required to obtain a land application permit for sites where such products
				are applied on agricultural land less than two acres in size and the annual
				quantity of sludge product applied to that site does not exceed two dry tons
				per acre, except that those products derived from domestic septage shall not be
				exempt from permitting requirements. This exemption from permitting does not
				apply to multiple sites on the same parcel of land, and does not exempt sewage
				sludge processing facilities from any other permitting or reporting
				requirements of this rule or of the Sewage Sludge Management Act, W. Va. Code
				'22-15-20.
4.1.c.3. Any person who land applies
				exceptional quality compost is not required to obtain a land application permit
				for sites where such compost is applied on land two acres or less in size and
				the quantity of exceptional quality compost applied to that site does not
				exceed the agronomic rate for the land or a rate of fifteen dry tons per acre,
				whichever is less. This exemption from permitting does not apply to multiple
				sites on the same parcel of land and does not exempt sewage sludge processing
				facilities from any other permitting or reporting requirements of this rule or
				of the Sewage Sludge Management Act, W. Va. Code '22-15-20.
4.1.c.4. The Division may on a site-by-site
				basis prohibit the land application of exceptional quality compost in bulk
				quantities in excess of one metric ton without a permit, when such land
				application results in a nuisance, causes objectionable odors or otherwise may
				cause harm to the environment. Under such circumstances, the Division may
				require the person to apply for a land application permit in accordance with
				subdivision 4.2.c of this rule, and take such other actions deemed necessary to
				address the problems created at the land application site.
4.1.d. For those publicly owned treatment
				works (POTW's) or privately owned treatment works which produce sewage sludge
				and are regulated by the Division pursuant to a water pollution control permit,
				including a West Virginia national pollutant discharge elimination system
				WV/NPDES permit required under W. Va. Code §
										22-11-1 et
				seq., a sewage sludge processing facility modification will be obtained by the
				applicant as a part of the existing WV/NPDES permit and shall include a sewage
				sludge management plan approved by the director. Upon approval by the director,
				POTWs may accept sewage sludge from other publicly or privately owned treatment
				works on a cost-sharing or non-profit basis under its WV/NPDES permit without
				being considered a commercial solid waste facility.
4.1.e. Facilities which are surface disposal
				sites as defined in 40CFR503, Subpart C, are hereby defined as "landfills" and
				must meet all requirements of 33CSR1 applicable to landfills.
4.1.f. Permits issued under subdivision 4.1.a
				of this rule, shall be subject to the provisions of 33CSR1, section 3
				(excluding the provisions for liner requirements) and the closure requirements
				of 33CSR1, section 6.
4.1.g.
				Permits issued under subdivision 4.1.d. of this rule, shall be subject to the
				permit issuance procedures, procedures for permit modifications, suspension and
				revocation, procedures for transfer of permits, and the procedures for permit
				appeals of 47CSR10 but are not subject to the procedures outlined in
				subdivisions 4.1.e, 4.1.f and 4.1.h of this rule.
4.1.h. Permits issued under subdivision 4.1.e
				of this rule, shall be subject to the procedures of 33CSR1 section 3 and the
				closure requirements of 33CSR1 section 6.
4.1.i. Permits issued under subdivision 4.1.c
				of this rule except for land application modifications made in WV/NPDES permits
				under subdivision 4.1.d of this rule shall be subject to the permit issuance
				procedures (subsections 3.17 through 3.29 inclusive) of 33CSR1 and are not
				subject to the procedures outlined in subdivisions 4.1.e, 4.1.f and 4.1.g of
				this rule.