SECTION 252:645-5-2. Land application requirements


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  • (a)   Operational requirements. The permittee shall ensure that the land application site is operated in compliance with the terms of the permit and the requirements of this Chapter. When in conflict, the terms of the permit shall supersede the requirements of this Chapter.
    (b)   Crop and access controls. Land application sites for septage are subject to the following crop and access restrictions:
    (1)   Food crops with harvested parts:
    (A)   that touch the septage/soil mixture and are totally above the land surface shall not be harvested for at least fourteen (14) months after the application of septage.
    (B)   below the surface of the land shall not be harvested for at least thirty-eight (38) months after the application of septage.
    (C)   that do not fall under (A) or (B) of this subsection, and feed crops and fiber crops shall not be harvested or grazed for at least thirty (30) days after the application of septage.
    (2)   Sites shall not have received sludge from publicly-owned wastewater treatment works within the past year.
    (3)   Sites shall be limited to non-public contact sites such as agricultural land or land reclamation areas.
    (c)   Groundwater. Septage shall not be applied to the surface of land where the known high groundwater table is within five feet (5') of the surface.
    (d)   Manner of application. Septage shall be evenly distributed across the site in a manner to prevent surface runoff, ponding or the accumulation of septage more than one inch (1") thick.
    (e)   Separation. Septage may not be land-applied within:
    (1)   one hundred feet (100') of a public road, private water supply well, or surface waters (lakes, rivers, streams, intermittent streams, wetlands or ponds);
    (2)   three hundred feet (300') of a public water supply well;
    (3)   six hundred sixty feet (660') of a residence that is owned and occupied by someone other than the permittee;
    (4)   ten feet (10') from the property line; or
    (5)   a one hundred-year floodplain.
    (f)   Slope. Septage may not be land applied on land with a slope greater than fifteen percent (15%).
    (g)   Sensitive watersheds. Septage may not be land-applied within a sensitive watershed.
    (h)   Soil permeability. Septage may not be land-applied on areas that have been identified as having karst topography or on soils that have a permeability of less than 0.2 inches per hour within the top six inches (6") of soil.
    (i)   Discharge. Septage may not be land-applied during rainfall or discharged into any waters of the State, wetlands or areas subject to ponding (e.g., ditches, gullies, ponds, lakes, streams, etc.), 100-year floodplains, caves, sinkholes, mines, gravel pits, or quarries.
    (j)   Grass strip. A grass strip at least ten feet (10') wide shall be developed and maintained at the property line downslope from land-application areas.
    (k)   Land-application annual rates. Septage may not be applied in excess of the below described annual application rates for nitrogen or phosphorus:
    (1)   During any 365-day period, the amount of septage applied to land shall not exceed the annual application rate calculated using the equation AAR = N÷0.0026, where:
    (A)   AAR = Annual application rate in gallons per acre per 365-day period.
    (B)   N = Amount of nitrogen in pounds per acre per 365-day period needed by the crop or vegetation grown.
    (2)   Annual septage land application shall not exceed the phosphorus rates for the crop grown and shall not be applied in rates that result in phytotoxicity.
    (l)   Lime to reduce vector attraction. Prior to land application, septage must be stabilized by adding:
    (1)   fifty (50) pounds of lime to each one thousand (1,000) gallons of septage and mixing thoroughly at least thirty (30) minutes prior to land application; or
    (2)   enough lime to maintain a pH of at least twelve (12) for thirty (30) minutes and tested to demonstrate that it has maintained a pH of at least twelve (12) for thirty (30) minutes.
    (m)   Record keeping. Persons who land-apply septage shall record the following information:
    (1)   The permit number for the land application site;
    (2)   The date septage was applied;
    (3)   The amount of septage applied;
    (4)   The amount of lime added to each load of septage, and, when required, the measured pH;
    (5)   The following signed and dated statement: "I certify, under penalty of law, that the requirements in the Septage Pumper and Transporter Rules, OAC 252:645-5-2, have been met. This determination has been made under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site restriction and vector attraction reduction requirements have been met. I know there are significant penalties for false certification including the possibility of fine and imprisonment."
[Source: Amended and renumbered from 252:645-1-8 at 27 Ok Reg 2158, eff 7-11-10]