18 AAC 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. If the proposed operation will occur in the coastal zone of Alaska, the applicant shall also complete and submit a coastal project questionnaire as required by 6 AAC 50.070.

(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

(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, local zoning requirements, and, if appropriate, the Alaska Coastal Management Program requirements of 6 AAC 50; and

(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 (NO 3 -N), Ammonia nitrogen (NH 4 -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 under 18 AAC 15, 18 AAC 60.215, 18 AAC 60.250, 18 AAC 60.255, and 18 AAC 60.260 as a solid waste permit.

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

Authority: AS 44.46.020

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