(a) Except as provided in §312.4(b) of this title
(relating to Required Authorizations or Notifications), an applicant
for a registration to land apply Class A biosolids, Class AB biosolids,
water treatment residuals, and domestic septage shall:
(1) submit to the executive director an original, completed
application form approved by the executive director, along with the
appropriate number of copies of the registration application. Each
applicant shall submit to the executive director such information
as may reasonably be required to enable the executive director to
determine whether such land application for beneficial use activities
are compliant with the terms of this chapter. Such information may
include, but is not limited to, the following:
(A) a description and composition of the material to
be land applied;
(B) a description of all processes generating the material
to be land applied at the site;
(C) information about the site and the planned management
of the material to be land applied, including the name, address, and
telephone number of any landowner or operator at the site and the
following information:
(i) whether such material is managed on site and/or
off site from its point of generation;
(ii) a description of each on-site land application
unit, including the name, address, and telephone number of all landowners,
or the same information from a landowner acting as a spokesperson(s)
for all the landowners, so long as the spokesperson submits to the
executive director a sworn statement allowing the spokesperson to
act for other persons;
(iii) a listing of the types of material to be land
applied on each land application unit;
(iv) a detailed description of the beneficial use occurring
at each land application unit where application of Class A or Class
AB biosolids, water treatment residuals, and domestic septage is proposed,
including proposed waste management and crop production methods; and
(v) information regarding soil characteristics and
subsurface conditions where the land application unit will be located;
(D) the verified legal status of the applicant(s),
as applicable;
(E) the notarized signature of each applicant, in accordance
with §305.44 of this title (relating to Signatories to Applications);
(F) a notarized affidavit from the applicant(s) verifying
land ownership or landowner agreement to the proposed activity;
(G) technical reports and supporting data required
by the application;
(H) for applications for major amendments or new registrations,
information concerning surrounding landowners, including the following,
as applicable:
(i) a map depicting the approximate boundaries of the
tract of land owned or under the control of the applicant and each
residential or business address and owner of all the tracts of land
bordering the perimeter of any portion of the site;
(ii) a list on or attached to the map of the names
and addresses of the owners of such tracts of land as can be determined
from the current county tax rolls at the time the application is filed,
and other reliable sources. The list of property owners must be provided
in both hard copy and either in electronic format or on four sets
of self-adhesive mailing labels; and
(iii) the source of the information;
(I) analytical results establishing the background
soil concentration of metals regulated by this chapter in each land
application unit, as applicable, based on the following:
(i) samples taken from the zero to six-inch zone of
soil;
(ii) soil samples that accurately show soil conditions
in each land application unit and that are taken at a spatial distribution
of at least one composite sample per every 80 acres or less of soil
type or area being sampled;
(iii) composite samples comprised of ten to 15 samples
taken from points randomly distributed across the entire soil type
or area(s) being sampled;
(iv) a separate composite sample taken from each United
States Department of Agriculture (USDA) Natural Resource Conservation
Service (NRCS) soil type (soils with the same characterization or
texture), unless an alternate method is used;
(v) when using an alternate method for defining areas
to be sampled such as sampling by agricultural management units or
other defined areas, a sampling plan also included in the application,
which sufficiently establishes background soil conditions through
proportionate sampling of each USDA NRCS soil type in each area sampled;
(J) analytical results establishing the background
soil concentration of nutrients, salinity, and pH in each land application
unit, as applicable, based on the following:
(i) separate samples taken from the zero to six-inch
and from the six to 24-inch zones of soil;
(ii) soil samples that accurately show soil conditions
in each land application unit and that are taken at a spatial distribution
of at least one composite sample per every 80 acres or less of soil
type or area being sampled;
(iii) composite samples comprised of ten to 15 samples
taken from points randomly distributed across the entire soil type
or area(s) being sampled;
(iv) a separate composite sample taken from each USDA
NRCS soil type (soils with the same characterization or texture),
unless an alternate method is used;
(v) when using an alternate method for defining areas
to be sampled such as sampling by agricultural management units or
other defined areas, a sampling plan also included in the application,
which sufficiently establishes background soil conditions through
proportionate sampling of each USDA NRCS soil type in each area sampled;
(K) any information provided under this paragraph submitted
to the executive director in quadruplicate form;
(2) immediately provide written notice to the executive
director of any changes, requests for an amendment, modification,
or renewal of a registration, or any additional information concerning
changes in land ownership, changes in site control, or operator, changes
in waste composition, changes in the source of biosolids or water
treatment residuals, or waste management methods, and information
regarding soils and subsurface conditions where the operation is to
be located. Any information provided under this paragraph must be
submitted to the executive director in duplicate form.
(b) The executive director shall determine, after review
of any application, whether to approve or deny an application in whole
or in part, deny with prejudice, suspend the authority to conduct
an activity for a specified period of time, or amend or modify the
proposed activity requested by the applicant. The determination of
the executive director shall include review and action on any new
applications or changes, renewals, and requests for major amendment
of any existing application. In consideration of such an application,
the executive director shall consider all relevant requirements of
this chapter and consider all information pertaining to those requirements
received by the executive director regarding the application. The
written determination on any application, including any authorization
granted, shall be mailed to the applicant upon the decision of the
executive director.
(c) At the same time that the executive director's
decision is mailed to the applicant, notice of this decision must
also be mailed to all parties who submitted written information on
the application, as described in §312.13(c)(2) and (3) of this
title (relating to Actions and Notice).
(d) For registered land application units located in
a major sole-source impairment zone, the registrant must comply with
the provisions listed in §312.11(k) of this title (relating to
Permits).
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