Section 18.60.510. Permit application.

	(a)  Except as provided in (b) of this section, a person who prepares biosolids that are to be applied to land, or a person who applies biosolids to land, shall submit a completed permit application to the department as described in (c) of this section.  
	(b)  A permit under this section is not required for biosolids bought, sold, or given away in a bag or other container if    
		(1) the material meets the Class A pathogen reduction requirements of 40 C.F.R. 503.32(a), adopted by reference in 18 AAC 60.505;  
		(2) the material meets one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) - (b)(8), adopted by reference in 18 AAC 60.505;  
		(3) the concentration of each pollutant in the biosolids is less than the limit set in Table H of this subsection; and  
		(4) the material is free of excessive dust or strong odor.  
                                   TABLE H
                       MAXIMUM ALLOWABLE CONCENTRATIONS
                      OF POLLUTANTS IN EXEMPT BIOSOLIDS
       Pollutant                       Maximum Concentration
                                       (milligrams per kilogram)* 
       Arsenic                         41
       Cadmium                         39
       Chromium                        1200
       Copper                          1500
       Lead                            300
       Mercury                         17
       Molybdenum                      75
       Nickel                          420
       Selenium                        100
       Zinc                            2800
              *Dry weight basis
	(c)  A permit application submitted under this section must consist of a  
		(1) cover letter that  
			(A) identifies the person seeking to apply bulk biosolids to land;  
			(B) contains a statement that the applicant is aware of all applicable local ordinances and all local zoning requirements; and  
			(C) briefly describes the  
				(i) application site;  
				(ii) pathogen reduction method to be used; and  
				(iii) vector attraction reduction method to be used;  
		(2) form supplied or approved by the department that will be specific for the type and quality of the biosolids to be applied to the application site;  
		(3) map or aerial photograph of a scale of at least one inch equals one mile that  
			(A) identifies major topographical, geological, hydrological, biological, and archaeological features, and buildings, roads, and public drinking water supplies within two miles of the application site;  
			(B) clearly shows the location of the application site and property boundaries, if the property boundaries are within two miles of the application site; if the property has no boundaries within two miles of the application site, then the boundary will be considered to be 50 feet from any land application activity described in (4) of this subsection; and  
			(C) identifies residential drinking water supply wells in use within one-half mile of the boundary of the property on which the application site is located;  
		(4) site development plan for land application activities that includes  
			(A) the location and direction of flow of surface water and any water flow containment or diversion structures, and the depth to the seasonal high groundwater level;  
			(B) a map showing the locations of major soils types based on soil surveys and their descriptions, depths, permeability, Cation Exchange Capacity, and pH;  
			(C) results of biosolids analyses for total Kjeldahl nitrogen (TKN), Nitrate nitrogen (NO3-N), Ammonia nitrogen (NH4-N), phosphorus (P), and potassium (K);  
			(D) the annual biosolids application rate based on the nitrogen requirements of the crops or vegetation to be grown;  
			(E) the calculated cumulative and annual application amount of each pollutant from Table H present in the biosolids to be applied at each site;  
			(F) an appropriate narrative description of the proposed activity, including  
				(i) operating procedures; and  
				(ii) methods to control water pollution, disease vectors, access (if appropriate), odors, and other nuisances; and  
		(5) copy of a deed or other legal document that identifies the landowner and, if the operator is not the landowner,  
			(A) copy of a lease agreement that clearly authorizes the proposed activity; or  
			(B) written statement by the landowner, demonstrating that the landowner consents to the proposed activity.  
	(d)  If there is credible evidence that the project could cause a violation of the water quality standards of 18 AAC 70, the department will require the applicant to submit data to characterize the background quality of surface water within 100 feet of a proposed application site in accordance with 18 AAC 60.810.  
	(e)  A permit application submitted, and a permit issued, under this section will be processed as a solid waste permit under 18 AAC 15, 18 AAC 60.215, 18 AAC 60.250, and 18 AAC 60.255, and a permit issued under this section is subject to termination and modification under AS 46.03.120 and 18 AAC 60.260.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.100;46.03.110;46.03.800;46.03.810;44.62.125

Notes

Reference

18 AAC 60.005
18 AAC 60.210
18 AAC 60.220
18 AAC 60.240
18 AAC 60.243
18 AAC 60.500
18 AAC 60.505

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.03.100 AS 46.03.110 AS 46.03.800 AS 46.03.810 Editor's note: As of Register 185 (April 2008), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to Table H in 18 AAC 60.510. ________________________

History

Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/8/2012, Register 202

References

18.60.510