SECTION 252:606-1-1. Purpose

(a)   Intent. This Chapter sets the point source, biosolids (sewage sludge), and stormwater permitting standards for discharges to the waters of the State of Oklahoma from those facilities within the jurisdiction of the Oklahoma Department of Environmental Quality as specified in Title 27A O.S. § 1-3-101. This Chapter implements the Oklahoma Pollutant Discharge Elimination System Act, which begins at Title 27A O.S. § 2-6-201 of the Oklahoma Statutes. This Chapter applies to any person or entity that land applies biosolids or prepares it for firing in a biosolids (sewage sludge) incinerator, in addition to those facilities that discharge wastewater to waters of the state.

(b)   Other rules apply. This Chapter applies in addition to other rules. This Chapter governs the effluent discharged from municipal wastewater treatment systems (constructed under OAC 252:656) and industrial wastewater treatment systems (constructed under OAC 252:616), and current DEQ Laboratory Accreditation rules. The discharges regulated by this Chapter must not cause a violation of the Oklahoma Water Quality Standards (OAC 785:45).

(c)   Exclusion. This Chapter does not apply to:

(1)   discharges from marine toilets, as prohibited by Title 63 O.S. §4213;

(2)   discharges of dredge and fill material under the jurisdiction of the United States Corps of Engineers under Section 404 of the Federal Clean Water Act. Water in a treatment system is not waters of the State of Oklahoma;

(3)   Septage. See OAC 252:645;

(4)   Biosolids pilot studies that are conducted by a qualified research institute familiar with the crops and soils of this state for the beneficial use of biosolids through land application. Such studies are subject to conditions imposed by the DEQ, including:

(A)   the limitation of the total amount of biosolids used must be no more than 25 dry tons for any one project or 50 dry tons for all pilot studies approved by the DEQ for the same institute in the same year;

(B)   compliance with:

(i)   The metal ceilings established in Table 1 of 40 CFR §503.13(b);

(ii)   One of the vector attraction reduction alternatives; and

(iii)   The pathogen reduction requirements of 40 CFR §503.32(a);

(C)   written approval from the DEQ Executive Director or his designee prior to the commencement of operations;

(D)   the period during which biosolids may be applied to the land is eighteen 18 months or less, unless extended by the DEQ;

(E)   notification to the DEQ of the cessation of land application at the site; and

(F)   periodic reporting.

(5)   Biosolids co-fired in an incinerator with other wastes or for the incinerator in which biosolids and other wastes are co-fired are regulated under the appropriate Air Quality Rules. Other wastes do not include auxiliary fuel, as defined in 40 CFR § 503.41(b), fired in a sewage sludge incinerator.

(6)   Sludge generated at an industrial facility during the treatment of industrial wastewater, including sludge generated during the treatment of industrial wastewater combined with domestic sewage.

(7)   Use of biosolids determined to be hazardous in accordance with 40 CFR Part 261 which must be disposed of in a manner in accordance with the Oklahoma Hazardous Waste Management Act and rules promulgated thereunder;

(8)   Ash generated during the firing of biosolids in a sewage sludge incinerator;

(9)   Grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity) or screenings (e.g., relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works.

(10)   Biosolids with a concentration of Polychlorinated Biphenyl (PCB) equal to or greater than 10 milligrams per kilogram (10.0 mg\kg) of total solids (dry weight basis) may not be land applied under this Chapter. Disposal must be in accordance with OAC 252:515 ("Management of Solid Waste" rules) and applicable federal requirements under the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.

[Source: Added at 21 Ok Reg 1584, eff 6-11-04; Amended at 32 Ok Reg 977, eff 9-15-15]