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Subpart 360-4:Land Application Facilities

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date March 10, 2003]
[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-4.1 Applicability & Definitions

(A) Applicability. This Subpart regulates the design and operation of land application facilities for agricultural use of septage, biosolids, food processing waste and other solid waste. Facilities used for the storage of these wastes prior to land application are also regulated by this Subpart. The applicable criteria for use of these wastes in a beneficial manner for land reclamation, forest application, and other non-agricultural uses will be determined by the department on a case specific basis depending on the specifics of the project. For the purposes of this Subpart, food processing waste does not include food waste in cans or other similar containers.

(B) Definitions. The following terms have the following meanings when used in this Subpart:

(1) Aaerobic digestion means the biochemical decomposition of organic matter into carbon dioxide and water by microorganisms in the presence of air.

(2) Agronomic rate means the rate of nitrogen addition designed to provide the amount of nitrogen needed by the crop or vegetation grown on the land, and to minimize the amount of nitrogen that passes below the root zone of the crop or vegetation grown on the land to ground water.

(3) Anaerobic digestion means the biochemical decomposition of organic matter into methane and carbon dioxide by microorganisms in the absence of air.

(4) Biosolids means sewage sludge that can be beneficially used.

(5) Cumulative loading limit means the maximum amount of metal, in pounds, that can be applied from biosolids to an acre of land.

(6) Displacement means the relative movement of any two sides of a fault measured in any direction.

(7) Dry weight basis means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content).

(8) Fault means a fracture or zone of fractures in any materials along which strata on one side are displaced with respect to strata on the other side.

(9) Feed crops means crops produced primarily for consumption by animals.

(10) Fiber crops means crops such as flax and cotton.

(11) Final cover means the last layer of soil or other material placed on a sewage sludge unit at closure.

(12) Fish hatchery waste means undigested food and fecal material emanating from a New York State owned or licensed fish hatchery.

(13) Food crops means crops consumed by humans, including, but not limited to, fruits, vegetables, and tobacco.

(14) Holocene time means the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present.

(15) Land reclamation means the application of biosolids or other suitable material for the purposes of revegetation onto lands disturbed by strip mining, construction or other similar activities, or onto lands that marginally support vegetation.

(16) Land with a high potential for public exposure means land that the public uses frequently. This includes, but is not limited to, a public contact area and a land reclamation site located in a populated area (e.g., a construction site located in a city).

(17) Land with a low potential for public exposure means land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest land, and a reclamation site located in an unpopulated area (e.g., a strip mine located in a rural area).

(18) Leachate collection system means a system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a sewage sludge unit.

(19) Liner means soil or synthetic material that has a hydraulic conductivity of 1 x 10-7 meters per second or less.

(20) Lower explosive limit for methane gas means the lowest percentage of methane gas in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.

(21) Pathogenic organisms means disease-causing organisms, including, but not limited to, certain bacteria, viruses, protozoa and viable helminth ova.

(22) pH means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or measured at another temperature and then converted to an equivalent value at 25 degrees Celsius.

(23) Public contact area means land with a high potential for contact by the public including, but not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, golf courses and school yards.

(24) Qualified ground-water scientist means an individual with a baccalaureate or post-graduate degree in the natural sciences or engineering who has sufficient training and experience in ground-water hydrology and related fields, as may be demonstrated by state registration, professional certification, or completion of accredited university programs, to make sound professional judgments regarding ground-water monitoring, pollutant fate and transport, and corrective action.

(25) Seismic impact zone means an area that has a 10 percent or greater probability that the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.

(26) Site means the land area where solid waste is applied to the soil surface or injected into the upper layer of the soil for the purposes of land application.

(27) Site life means the maximum number of years that biosolids can be applied to a site without exceeding the cumulative loading limit.

(28) Specific oxygen uptake rate (sour) means the mass of oxygen consumed per unit time per unit mass of total solids on a dry weight basis.

(29) Unstable area means land subject to natural or human-induced forces that may damage the structural components of an active sewage sludge unit. This includes, but is not limited to, land on which the soils are subject to mass movement.

(30) Untreated solids means the organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process.

(31) Vector attraction means the characteristic of certain solid waste that attracts rodents, flies, mosquitos, or other organisms capable of transporting infectious agents.

(32) Volatile solids means the amount of the total solids lost when a solid waste is combusted at 550 degrees Celsius in the presence of excess air.

(C) General Definitions. In addition to the definitions contained in subdivision (b) of this Section, the definitions in Section 360-1.2 of this Part also apply.

§360-4.2 Exemptions and Registration

(A) Exemptions. The following facilities are exempt from this Part. Facilities that are exempt under this subdivision which were previously registered will no longer be registered as of the effective date of this Subpart, provided all required annual reports for the facility have been submitted to the department.

(1) A land application facility for animal manure and associated bedding material. For purposes of this exemption bedding material includes hay, straw, sawdust, wood shavings, newsprint, sand, and materials approved pursuant to a beneficial use determination under section 360-1.15 of this Title.

(2) A land application and an associated storage facility for food processing wastes that are visually recognizable as a part of the plant or vegetable, aquatic plants or a combination of such wastes if the waste is applied at or below agronomic rates, and nuisance conditions such as odors are minimized and the facility is operated in a manner to minimize the potential for negative surface and ground water impacts.

(3) Land application and associated storage facilities for leaves and/or grass, provided the following conditions are satisfied:

(i) All physical contaminants (plastic bags, branches, etc.) Are removed prior to application of the waste, and the contaminants are properly disposed or recycled according to this part;

(ii) Grass is applied at an agronomic rate, which does not exceed 20 tons per acre or a depth of one inch annually, and does not exceed 40 tons per acre during any three- year period;

(iii) Grass is not shredded;

(iv) All leaves and grass are incorporated into the soil and minimal leaf or grass material is apparent on the soil surface after incorporation; (v) grass is incorporated into the soil on the same day as it is land applied;

(vi) Leaves are incorporated into the soil within 7 days after application to the soil;

(vii) The quantity of grass stored does not exceed 100 cubic yards; and

(viii) Grass and leaves are stored at the application site for no more than seven days prior to incorporation into the soil and measures are taken to minimize material blowing off the site and odor generation. Leaves or grass being stored must be removed from the site or otherwise managed in a manner approved by the department if unacceptable nuisance conditions exist, as determined by the department.

(4) A land application facility for undigested food and fecal material emanating from a New York State owned or licensed fish hatchery. The waste must be applied at or below agronomic rates.

(5) A land application facility or manure storage facility located on a concentrated animal feeding operation (CAFO), permitted pursuant to Part 750 of this Title, that involves food processing waste or other waste. The land application or manure storage facility must be addressed in a comprehensive nutrient management plan (CNMP) to properly manage liquid and solid waste, including runoff from production areas. CNMP means a plan prepared by an Agricultural Environmental Management (AEM) planner certified by the American Society of Agronomy as a Certified Crop Advisor who has completed all necessary training and has been deemed qualified by the Commissioner of the New York State Department of Agriculture and Markets, in consultation with the State Soil and Water Conservation Committee and the Natural Resources Conservation Service (NRCS) State Conservationist to develop and review CNMPs for CAFOs in New York State. This provision does not apply to any waste that contains human fecal matter (sewage sludge, septage, etc). Also, the amount of non-manure waste that is placed in the storage facility must not exceed 50 percent of the total volume of waste placed in the storage facility on an annual basis.

(B) Registration.

The following solid waste management facilities, that are not otherwise exempt from this Part, are eligible for the registration provisions of Subdivision 360-1.8(h) of this Part if the facility is operated in compliance with the applicable requirements of Subdivision 360-1.8(h) and this Subdivision. Sufficient information must be submitted with the registration request to demonstrate that the facility will comply with the applicable criteria. Any eligible or registered facility which is not operated in compliance with these conditions requires a permit pursuant to this part and will be subject to the applicable enforcement provisions.

(1) A land application and a manure storage facility involving nonrecognizable food processing wastes, provided the following conditions are satisfied:

(i) The facility complies with the operational requirements of Subdivisions 360-4.6(a) and (b) of this Subpart, excluding Paragraphs 360-4.6(b)(10) and (12). A minimum of one representative analysis of the waste for the parameters found in group a and group b of Subdivision 360-4.4(a) must be submitted;

(ii) The volume of waste land applied is limited to prevent ponding, except for temporary conditions following rainfall events. If ponding occurs, land application ceases immediately;

(iii) Land application on frozen or snow-covered ground is limited to land with a slope of less than 4 percent, unless the separation distance to a surface water and state regulated wetland is increased to 500 feet and berms are used;

(iv) Dikes, berms, or other runoff control devices are used, if deemed necessary by the department;

(v) The application rate of whey does not exceed the nitrogen needs of the crop and a chloride loading of 170 lbs. Per acre per year;

(vi) the waste is beneficial to the crop grown and the waste does not contain any human sanitary waste (e.g. domestic sewage, biosolids, septage) or it is demonstrated that the sanitary waste is a minor component of the waste stream and pathogenic organism content are below detectable levels in the waste;

(vii) the manure storage facility can accept food processing wastes. No more than ten percent of the total volume of waste entering the facility on an annual basis may consist of food processing waste unless liner certification is provided. The facility may accept more than ten percent, but not more than forty percent of the total volume of waste entering the facility on an annual basis, if the storage facility was designed and built in accordance with section 4.10 of this Subpart or National Resource Conservation Service (NRCS) Code NY313. If the facility accepts non-manure waste that is more than ten percent but less than 40 percent of the total volume entering the facility on an annual basis, the land application of this mixture must comply with the operating requirements outlined in subdivision (b) of this section; and

(viii) For land application sites located in the New York City watershed, application rates are based on the phosphorus needs of the crop grown, a comprehensive nutrient management plan has been developed for the farms involved, and the application sites have been clearly mapped and marked.

(2) A land application facility for septage from one hauler using not more than two vehicles for collection related to land application, provided the following conditions are satisfied:

(i) The facility complies with the operational requirements of Subdivision 360-4.6(b) of this Subpart, excluding Paragraphs(4),(6),and (14).

(ii) Soil testing - one representative analysis for each 15 acres or fraction thereof is required once every three years of use, beginning in the first year septage is applied to a site. Soil analyses will occur prior to the first application for that year. The analysis must include nutrients (nitrogen, potassium, and phosphorus). This requirement applies to acreage used for septage application.

(iii) A minimum of 15 acres must be available for each vehicle. Vegetation must be grown at the application facility that is sufficient to utilize all the available nitrogen provided from septage application.

(iv) The application rate does not exceed 25,000 gallons per acre per year, or the rate determined by the following calculation, whichever is less:

Application rate (gallons/acre/year) = crop nitrogen needs (lbs. nitrogen/acre) x 385.

The application rate may be changed if the septage is altered (e.g., dewatered) prior to application.

(v) For pathogen reduction, the ph of the septage is raised to 12 or higher by alkali addition and, without the addition of more alkali, the septage remains at 12 or higher for 30 minutes, and the following site restrictions must be followed:

(a) food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface must not be harvested for 14 months after land application. Food crops with harvested parts below the surface of the land must not be harvested for 38 months after land application; and

(b) food crops grown above the soil with harvested parts that do not touch the septage/soil mixture, feed crops and fiber crops must not be harvested for at least 30 days after land application.

(vi) Annual groundwater monitoring may be required as determined by the department.

(vii) The following records must be kept for at least five years after any application of septage to a site, must be available to the department on request, and shall be provided to the department in the annual report pursuant to Paragraph 360-1.8(h)(8) of this Part:

(a) The location of the site of land application including either the street address or the longitude and latitude of the site (available from a usgs map);

(b) The total number of acres to which septage was applied and the total gallons of septage applied;

(c) The date of each application, the gallons of septage applied, and the acres used;

(d) pH data and related information to show compliance with pathogen and vector attraction reduction criteria;

(e) The crop grown; and

(f) The following certification statement, signed by the person responsible for land application of the septage:

"I certify, under penalty of law, that the information that will be used to determine compliance with Subpart 360-4 of 6 NYCRR Part 360 has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(viii) A copy of the validated registration must be kept in the appropriate vehicle.

(ix) Transition. The transition provision outlined in Clause 360-1.7(a)(3)(v)(b) applies to these facilities.

(3) A storage or transfer facility for septage from one hauler using no more than two vehicles for collection.

(i) The minimum horizontal separation distances from the perimeter of the storage facility must meet the requirements found in Paragraph 360-4.6(b)(1) of this Subpart, except that the minimum horizontal separation distance to a nearby residence, place of business, or public contact area must be at least 1,500 feet for surface impoundments.

(ii) Surface water must be directed away from the storage facility.

(iii) Vector and odor control measures must be implemented when necessary, as determined by the department.

(iv) Surface impoundments and open tanks must be properly fenced and posted or otherwise constructed to prevent unauthorized access, as determined by the Department.

(v) All storage facilities must be completely emptied, cleaned, and inspected at least once every 12 months. The Department must be notified at least one week before the cleaning operation is complete to afford the Department the opportunity to inspect the facility before additional material is placed in the facility. Tanks must be tested for tightness biennially, with results sent to the appropriate regional office of the Department. Any damage or deterioration revealed by the inspections must be repaired before that facility again receives waste.

(vi) Surface impoundments must be constructed above the 100-year flood elevation, and must be constructed with a liner system. The liner system must consist of either a minimum of two feet of compacted soil having a maximum remolded coefficient of permeability of 1 x 10-7meters per second, or a synthetic material approved by the Department. The soil material particles must be able to pass through a one inch screen.

(vii) Ground and/or surface water monitoring programs must be implemented, if required by the Department.

(viii) Surface impoundments must maintain a minimum of two feet of freeboard and may be no deeper than 6 feet. The bottom of the impoundment liner must be a minimum of five feet above both seasonal high groundwater and bedrock.

(ix) Storage facilities other than surface impoundments may be constructed of concrete, steel, or other material approved by the department. The storage facility must be designed with a minimum of two feet of freeboard.

(x) The transfer facility involves the movement of septage from one truck to another vehicle. The septage must not remain on either truck for more than seven days. The facility must be operated in nuisance-free manner with all spills cleaned up immediately. (xi) transition. The transition provision outlined in Clause 360-1.7(a)(3)(v)(b) applies to these facilities, except the time frame for registering is 365 calendar days.

(4) Disposal facilities for septage, provided the following conditions are satisfied:

(i) A written closure and post closure plan is submitted to the Department 180 days prior to the date that the disposal facility closes. The plan must describe how the facility will be closed and, at a minimum, must include the following: a discussion of how the leachate collection system will be operated and maintained for three years after the disposal facility closes if the facility has a liner and leachate collection system; a description of the system used to monitor for methane gas in the air in any structure within the boundaries of the disposal site and in the air at the property line of the disposal site; and a discussion of how public access to the disposal site will be restricted for three years after the facility closes.

(ii) If the site is sold, the owner of a disposal site must provide written notification to the subsequent owner of the site that septage was placed on the land.

(iii) Septage may not be placed in a disposal facility if it is likely to adversely affect a threatened or endangered species or its designated critical habitat.

(iv) The disposal facility must not restrict the flow of a base flood.

(v) If the disposal site is located in a seismic impact zone, the disposal facility must be designed to withstand the maximum recorded horizontal ground level acceleration.

(vi) The disposal facility must be located 60 meters or more from a fault that has displacement in holocene time, unless otherwise approved by the Department.

(vii) The disposal facility may not be located in an unstable area.

(viii) The minimum horizontal separation distances from the perimeter of the disposal facility must meet the requirements found in Paragraph 360-4.6(b)(1) of this Subpart, except that the minimum horizontal separation distance to a nearby residence, place of business, or public contact area must be at least 1,500 feet.

(ix) Run-off must be directed away from the disposal facility.

(x) The leachate collection system for a disposal facility that has a liner and leachate collection system must be operated and maintained during the active life of the facility and for three years after closure.

(xi) Leachate from an active disposal facility that has a liner and leachate collection system must be collected and disposed in a manner approved by the department during the period the facility is open and for three years after the facility closes.

(xii) The concentration of methane gas in air in any structure located within the site may not exceed 25 percent of the lower explosive limit for methane gas during the period that the facility is open and the concentration of methane gas in air at the property line of the site may not exceed the lower explosive limit for methane gas during the period the facility is open.

(xiii) When a final cover is placed on the disposal facility at closure, the concentration of methane gas in air in any structure located within the site does not exceed 25 percent of the lower explosive limit for methane gas for three years after the facility closes and the concentration of methane gas in air at the property line of the site does not exceed the lower explosive limit for methane gas for three years after the facility closes, unless otherwise specified by the Department.

(xiv) A food crop, a feed crop, or a fiber crop must not be grown on an active disposal facility.

(xv) Animals must not be grazed on an active disposal facility.

(xvi) Public access to a disposal site must be restricted for the period the facility is active and for three years after the facility is closed.

(xvii) Septage placed in a disposal facility must not contaminate groundwater. Results of a ground water monitoring program developed by a qualified ground water scientist or a certification by a qualified ground water scientist shall be used to demonstrate that the facility does not contaminate groundwater.

(xviii) Septage placed on a disposal facility must be covered with soil or other acceptable material at the end of each operating day.

(xix) Air in structures within a disposal site and at the property line of the site must be monitored continuously for methane gas during the period that the disposal facility is in operation and for three years after the facility closes when a final cover is placed on the facility.

(xx) The following information must be developed and retained for five years:

(a) The following certification statement:

"I certify, under penalty of law, that the management practices and the vector attraction reduction requirements in Subpart 360-4 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(b) A description of how the requirements have been satisfied.

(xxi) Transition. The transition provision outlined in Clause 360-1.7(a)(3)(v)(b) applies to these facilities, except the time frame for registering is 365 calendar days.

§360-4.3 General Permit Application Requirements for Land Application Facilities.

In addition to the requirements set forth in Section 360-1.9 of this part pertaining to engineering report contents, the engineering report submitted as part of an initial application for a permit to operate a land application facility must contain the following information:

(A) A vicinity map that delineates zoning and land use, residences, surface waters, access roads, and other existing and proposed features within the proposed facility and within one-half mile of the proposed facility boundaries.

(B) A map having a minimum scale of 1:2,400 with 20 feet minimum contour intervals. This map must indicate:

(1) The location of the proposed land application site(s);

(2) The location of all residences, public contact areas, and buildings, including the identification of any buildings which are owned by the applicant or operator, on-site and within 800 feet of the site boundaries;

(3) The location of access roads and roads on-site;

(4) The location of property boundaries;

(5) The location of all potable water wells and surface water bodies on-site and within 500 feet of the site boundaries;

(6) The location of all drainage swales on-site and within 100 feet of the site boundaries;

(7) The location of all test pits; and

(8) The direction of prevailing winds.

(C) A map(s) indicating the location and classification of any state regulated wetlands, and the location of any floodplain, including 100-year flood elevations and location of any floodways pursuant to part 502 of this title, on-site and within 500 feet of the site boundaries.

(D) A soil survey map from the US Department of Agriculture's Soil Conservation Service, with a key to the soil survey, indicating the location of the proposed facility. Site specific soil investigation results must be provided, if deemed necessary by the department, based on soil and hydrogeologic conditions at the site.

(E) Information concerning the depth to bedrock and groundwater under the site and the source of this data.

(F) A description of surface drainage patterns at the site.

(G) The name of the owner of the property proposed for land application.

(H) A facility operation plan that must include:

(1) Tthe amount of land that will be used and the crops to be grown;

(2) Timing of planting and harvesting;

(3) Timing and amount of waste application and any supplemental waste or fertilizer that will be used;

(4) Provisions for waste storage or disposal when land application is restricted, i.e. due to weather or other site conditions;

(5) Methods of application and incorporation including the type, size and quantity of equipment that will be used and the time between application and incorporation;

(6) A description of all record keeping that will be performed including copies of any record keeping forms developed for the facility; and

(7) A description of how the design and operational requirements set forth in this subpart will be satisfied.

(I) Calculations showing the proposed daily and annual hydraulic loading, in gallons per acre, at the site.

(J) Written permission from all landowners other than the applicant to use the land for land application.

(K) A written agreement between the generator, land applier, and land owner and/or lease holder concerning who is responsible for each of the applicable operational requirements outlined in Sections 4.6 through 4.8.

§360-4.4 Additional Permit Application Requirements for Biosolids Land Application Facilities.

In addition to the requirements set forth in Section 360-4.3 of this Part pertaining to engineering report contents, the engineering report submitted as part of an initial application for a permit to operate a land application facility involving biosolids must contain the following information.

(A) A detailed description of the biosolids including:

(1) A description of each source including its name, annual biosolids production, the amount of biosolids to be land applied, and any seasonal variations in quantity or quality of the biosolids during the year. Also, a description of the federal or state pretreatment program, if required.

(2) A description of the quality of the biosolids, including analytical results, as outlined below.

(i) The parameters for analysis are found in Table 1 in Section 360-5.10.

(ii) The minimum number of analyses, for each waste source, that must be submitted with the application is dependent upon the amount of biosolids that will be land applied annually, according to Table 3 in Section 360-5.10.

(iii) Wastewater and partially treated biosolids that are generated at one facility and are treated at another wastewater treatment facility prior to beneficial use are not considered waste sources subject to the criteria in this Paragraph. The resultant biosolids or sludge generated for beneficial use are subject to this Paragraph.

(iv) For each analysis, the sampling date, location, and protocol used to obtain representative samples must be outlined.

(v) A minimum of six months of waste production must be represented by the analytical results submitted. With the exception of pH and total solids, all results must be reported on a dry-weight basis.

(vi) Analyses for other pollutants may be required, on a case specific basis, based on information from the pretreatment program and other sources.

(vii) All analyses must be performed by a laboratory certified by the New York State Department of Health for that type of analysis, using methods acceptable to the department as outlined in Table 12 of Section 5.10, unless use of an alternate laboratory or method is authorized by the department. Copies of the original laboratory results must be included with the permit application.

(viii) The analysis requirement may be satisfied in part or in whole by recent samples analyzed for and reported to the Department, if approved by the Department.

(ix) Analyses performed more than one year prior to the date the permit application is submitted are not acceptable.

(x) All samples must be representative of the waste to be land applied. Guidance on obtaining representative samples can be found in "POTW Sludge Sampling and Analysis Guidance Document", USEPA, August 1989.

(xi) A table summarizing the analytical results must be provided, including the mean, median, and range of results found.

(B) A detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction including:

(1) The methods that will be used for pathogen reduction and vector attraction reduction. Acceptable methods are listed in Subdivision 360-4.7(b) of this Subpart.

(2) The monitoring and data gathering procedures that will be undertaken to demonstrate compliance including type, location, and frequency.

(3) For existing systems, recent operating data and/or analytical data must be submitted to demonstrate that the system can meet the pathogen and vector attraction reduction criteria.

(C) Calculations showing the proposed nutrient loading rates, including nitrogen, phosphorus, and potassium. The loading rate calculations must be based on the biosolids analyses, impacts of previous waste applications, addition of supplemental nutrients, and the nutrient requirements of the crops grown.

(1) The following formulas must be used to calculate plant available nitrogen from biosolids, unless the applicant justifies the use of an alternative formula to the Department's satisfaction.

%Ni = percent inorganic nitrogen

= percent ammonia + percent nitrate

%NO = percent organic nitrogen

= percent total kjeldahl nitrogen - percent ammonia

%NH3 = percent ammonia

%NO3 = percent nitrate

N = nitrogen

a = value based on treatment method employed

a Values: a = 2 for composted biosolids A = 4 for anaerobically digested biosolids

a = 6 for aerobically digested, lime stabilized and air dried biosolids

For biosolids incorporated into the soil:

lbs. available N per dry ton biosolids = (%Ni X 20)+(%NO X a)

For biosolids surface applied:

lbs. available N per dry ton biosolids = (%NH3 X 10)+(%NO3 X 20)+(%NO X a)

(2) If the soil has received biosolids in the past two years, the residual nitrogen in the soil must be accounted for in the nutrient loading calculation. The residual nitrogen must be added to the available nitrogen from the proposed biosolids application to determine the total nitrogen available from biosolids. The following table should be used to determine the release rate of residual nitrogen.

Release of residual nitrogen during biosolids decomposition in soil

Years since last Ar values biosolids application A=2 A=4 A=6 1 0.90 1.60 2.10 2 0.51 0.72 0.95

Residual available N (pounds per acre) = original application rate (dry ton per acre) X original %NO (Percent) X Ar

(3) The value(s) used for the nutrient needs of the crop(s) grown must be based on the results of a soil test and resulting nutrient recommendation, or equivalent justification for the value chosen. Copies of the nutrient recommendations must be submitted.

(4) For phosphorus, 50 percent of the phosphorus applied with the biosolids should be assumed to be available for plant use. For potassium, 100 percent of the potassium applied with the biosolids should be assumed to be available for plant use.

(D) Calculations showing the annual metal loading and the site life.

(E) Information concerning the soil pH of the plow layer including the source of this information, and method for adjusting soil pH, if required.

(F) Soil quality data including analyses for pH, arsenic, cadmium, chromium(total), copper, lead, mercury, molybdenum, nickel, selenium, and zinc.

(1) A minimum of one analysis is required for every 50 acres, or fraction thereof.

(2) Each soil sample must be a composite of a minimum of ten randomly selected sample locations.

(3) The sampling depth must be consistent with the depth of waste incorporation.

(4) The criteria in Subparagraphs 360-4.4(a)(2)(iv), (vii), and (ix) must be followed.

(G) A biosolids monitoring, sampling, and analysis plan that outlines:

(1) The location, purpose, frequency and method for biosolids sampling; and

(2) The protocol used to obtain representative samples, the preparation and preservation of samples, and the laboratory that will be used for each analysis.

(H) Information concerning whether the proposed land application site(s) is located over a principal or primary aquifer. If deemed necessary by the Department, a description of a groundwater monitoring program for enteric viruses or indicator organisms.

(I) Information concerning whether any threatened or endangered species or designated critical habitats are present at the proposed land application site.

§360-4.5 Additional Permit Application Requirements for Other Solid Waste Land Application Facilities.

In addition to the requirements set forth in Section 360-4.3 of this Part pertaining to engineering report contents, the engineering report submitted as part of an initial application for a permit for a land application facility for solid waste other than biosolids must contain the following information.

(A) A detailed description of each solid waste to be land applied which must include, at a minimum, the following information:

(1) The source, process, or treatment systems from which the waste originated, including a list and the quantity of all chemicals added during these processes. Material safety data sheets or other data sources providing information specific to these chemicals must be included.

(2) Treatment or processing techniques utilized before land application.

(B) Analyses of the waste in accordance with the frequency, parameters, and protocol outlined in Subdivision 360-4.4(a) of this Subpart.

(C) In addition to the analyses required in Subdivision 360-4.4(a) of this Part, the following analyses, in whole or part, may be required as determined by the Department:

(1) Fecal coliform, salmonella sp., enteric viruses, and viable helminth ova.

(2) Any or all of the pollutants identified in the water quality analysis tables in Section 360-2.11 of this part.

(D) An outline of the proposed application rates and justification for the values chosen.

(E) For treatment systems receiving any domestic sewage or septage, a detailed description of the processes to reduce pathogens and vector attraction, as outlined in Subdivision 360-4.4(b) of this Subpart or sufficient data to demonstrate that human pathogenic organisms are not present in the waste.

(F) A waste monitoring, sampling, and analysis plan that outlines:

(1) The location, purpose, frequency and method for waste sampling; and

(2) The protocol used to obtain representative samples, the preparation and preservation of samples, and the laboratory that will be used for analyses.

§360-4.6 General Design Criteria and Operational Requirements for All Land Application Facilities.

In addition to the operational requirements identified in Section 360-1.14 of this Part, the following requirements apply to all land application facilities:

(A) Pollutant limits.

(1) Each waste source destined for land application must not exceed the pollutant concentrations found in Table 4 in Section 5.10, on a dry weight basis.

(2) If the waste contains pollutants at concentrations greater than those set forth in this subdivision, a permit for a land application facility will not be issued or an operating facility can not continue to operate until the generator has implemented an identification and abatement program and remains in compliance with the requirements of this paragraph for a period of at least six continuous months. At least six monthly analyses for total solids and the parameter(s) of concern must be provided to demonstrate compliance.

(3) Wastewater and partially treated biosolids that are generated at one location and treated at another wastewater treatment facility prior to beneficial use are not considered waste sources subject to the criteria in this Paragraph. The resultant biosolids generated for beneficial use are subject to this Paragraph.

(B) Design criteria and management practices.

(1) The minimum horizontal distance from the perimeter of the land application area must meet or exceed the values found in the following table. For storage facilities, the minimum horizontal separation distance is the distance from the storage unit to the nearest item as indicated below. The Department may require greater horizontal separation between the land application area and a surface water body that is actively used as a municipal water supply source.

Item Minimum Horizontal
Separation Distance (In Feet)
Property Line 50
Residence, Place of Business or
Public Contact Area*
500
Potable Water Well 200
Surface Water and State Regulated Wetland
(Waste Not Directly Injected)
200
Surface Water and State Regulated Wetland
(Waste Directly Injected)
100
Drainage Swale 25

* The landowner's or operator's residence, plant nurseries and turf farms are excluded from this requirement. In addition, this requirement does not apply to waste that is directly injected below the land surface or to lands of adjacent owners who consent to the activity within the separation distance.

(2) Land application is prohibited in areas where groundwater is within 24 inches of the ground surface at the time of application.

(3) Land application is prohibited in areas where bedrock lies less than 24 inches below the ground surface.

(4) The hydraulic loading must not exceed 16,000 gallons per acre in any 24-hour period.

(5) Land application is prohibited on land with a slope exceeding 15 percent. Land application of waste with a total solids content of less than 15 percent is prohibited on land with a slope greater than 8 percent, unless applied by subsurface injection along paths parallel to contour lines for the land.

(6) Land application is allowed only on soils within one or more of the following soil texture classes: sandy loam, sandy clay loam, loam, silt loam, silt, sandy clay and clay loam.

(7) Land application in a 100-year floodplain must not result in washout of the solid waste applied. Land application is prohibited in floodplain areas designated as a floodway pursuant to part 502 of this title.

(8) The land application rate must not exceed the agronomic rate or the rate of lime addition designed to achieve a soil pH value in an acceptable range for the crop grown, whichever results in a lower rate. On a case specific basis, the Department may restrict the application rate based on a nutrient other than nitrogen, such as phosphorus. The application rate must be sufficiently reduced to insure appropriate application rates are not exceeded if supplemental fertilizer or manure are going to be added to the site, based on information provided by the farm owner or operator.

(9) Land application rates and practices must not cause contravention of groundwater and surface water standards provided in Parts 700 - 705 of this Title.

(10) In all cases, the solid waste that is land applied must be incorporated into the soil within 24 hours after application, unless concerns regarding odor and surface runoff can be mitigated by other means, and such means are approved by the Department. If the vector attraction reduction option found in Subparagraph 360-4.7(b)(2)(x) of this Subpart is used, the period prior to incorporation is limited to six hours or less.

(11) The Department may require the use of dikes, berms, or other pollution protection devices or techniques on a case-specific basis.

(12) Land application is prohibited on water saturated ground or during heavy rainfall. Land application is prohibited on snow-covered or frozen ground, except by direct injection below the land surface. Storage and/or disposal facilities must be available for periods during the year when waste can not be applied.

(13) Proper soil conservation practices and agricultural management practices must be used to minimize runoff and soil loss through erosion.

(14) Written permission from the landowners must be obtained for all lands where land application will occur. A multi-party certificate indicating who will be responsible for each applicable operational requirement must be completed and followed.

(C) Monitoring, record keeping, and reporting.

(1) Sufficient monitoring data must be obtained to demonstrate compliance with the pathogen and vector attraction reduction requirements of this subpart. The frequency and type of monitoring necessary will depend on the methods employed to achieve pathogen and vector attraction reduction and will be determined by the Department on a case specific basis.

(2) The following information must be retained in accordance with Subdivision 360-1.14(i).

(i) A copy of the complete and final permit application.

(ii) If pollutant analyses are required, records of pollutant concentration including:

(a) Date of sample collection, sampling location, sample type, and name of sampler;

(b) Name of laboratory, analytical methods used, and quality assurance/quality control procedures; and

(c) Analytical results.

(iii) If required, records of the pathogen and vector attraction reduction method employed, including a description of how compliance was achieved, certification that the requirements were achieved, and applicable monitoring and analytical data.

(3) The permittee must submit an annual report to the department's central office and appropriate regional office no later than march 1 of each year covering the previous calendar year, on forms prescribed by or acceptable to the Department. The report must include:

(i) The location of each field used for land application and the acreage used for land application;

(ii) The crop(s) grown on each field and the timing of planting and harvesting;

(iii) The total quantity of waste applied, including land application dates and quantity applied during each application on each field;

(iv) Calculations showing the hydraulic loading, nutrient loading, the cumulative load and site life (if required), for the fields used;

(v) All analytical results required by this subpart, including copies of all laboratory reports;

(vi) Monitoring data and information to demonstrate compliance with the pathogen and vector attraction reduction requirements of this subpart, if required;

(vii) For biosolids land application, the following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with Subpart 360-4 of 6 NYCRR Part 360 has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

This statement must be signed by the permit holder or an authorized agent and indicate the name and title of the individual signing.

(viii) A description of any difficulties encountered during land application, any complaints arising as a result of the land application operation and the corrective actions taken; and

(ix) A revised management plan for land application for the next year based on previous application rates and crop planting patterns for the next year. The plan must include crops to be grown, fields to be used, schedules and methods of application and harvesting, and revised nutrient and hydraulic loading rates. All calculations must be included.

§360-4.7 Additional Design Criteria and Operational Requirements for Biosolids Land Application Facilities.

In addition to the operational requirements identified in Section 360-4.6 of this Part, the following operational requirements apply for a biosolids or septage land application facility:

(A) Design criteria and management practices.

(1) Soil pH must be adjusted to 6.5 standard units or higher prior to land application unless lime stabilized biosolids are used. If lime stabilized biosolids are used, the soil pH must be 6.5 standard units or higher after biosolids application.

(2) Land application must not adversely affect a threatened or endangered species or its designated critical habitat.

(3) The annual cadmium application rate must not exceed 0.45 pounds per acre.

(4) The cumulative loading limits are found in Table 5 of Section 5.10 based on soil groups defined by the department of agriculture and markets. The metal loading must not exceed 20 percent of the cumulative loading limit in any one year.

(B) Pathogen and vector attraction reduction.

(1) One of the following alternatives, designated as class b pathogen reduction, must be used to significantly reduce pathogens in the biosolids prior to land application:

(i) Class b - alternative 1. The biosolids must be treated by one of the following processes:

(a) Aerobic digestion. Biosolids are agitated with air or oxygen to maintain aerobic conditions for a mean cell residence time of at least 40 days at 20 degrees Celsius or greater or at least 60 days if the temperature is less than 20 degrees Celsius but greater than or equal to 15 degrees Celsius.

(b) Air drying. Biosolids are dried on sand beds or on paved or unpaved basins, at a maximum depth of nine inches. The biosolids must dry for a minimum of three months. During at least two of the three months, the ambient average daily temperature must be above zero degrees Celsius.

(c) Anaerobic digestion. Biosolids are treated in the absence of air for a mean cell residence time of at least 15 days at 35 degrees Celsius or greater or at least 60 days at less than 35 degrees Celsius but greater than or equal to 20 degrees Celsius.

(d) Composting. Using the within-vessel, aerated static pile or windrow composting methods, the temperature of the biosolids is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for five consecutive days. For at least 4 consecutive hours during the five days, the temperature in the compost pile must exceed 55 degrees Celsius.

(e) Lime stabilization. Sufficient lime must be added to the biosolids to raise the ph of the biosolids to 12 standard units and maintain this ph for a period of at least two hours.

(f) Other methods. Other methods or operating conditions may be acceptable if pathogens are reduced to an extent equivalent to the reduction achieved by any of the above methods and must be approved by the department.

(ii) Class b - alternative 2. The geometric mean of the density of fecal coliform of seven analyses representative of the waste to be land applied must be less than either 2,000,000 most probable number per gram of total solids (dry weight basis) or 2,000,000 colony forming units per gram of total solids (dry weight basis). The seven samples must be taken over a 14-day period.

(2) One of the following vector attraction reduction requirements must be achieved:

(i) The mass of volatile solids in the biosolids is reduced by a minimum of 38 percent.

(ii) If the volatile solids reduction requirement cannot be met for anaerobically digested biosolids, vector attraction reduction can be demonstrated by anaerobically digesting a portion of the previously digested biosolids in a laboratory bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. Vector attraction reduction is achieved if the bench-scale digestion produces less than a 17 percent reduction in volatile solids content.

(iii) If the volatile solids reduction requirement cannot be met for aerobically digested biosolids, vector attraction reduction can be demonstrated by aerobically digesting a portion of the previously digested biosolids that has a percent solids of 2 percent or less in a laboratory bench-scale unit for an additional 30 days at 20 degrees Celsius. Vector attraction reduction is achieved if the bench scale digestion produces less than a 15 percent reduction in volatile solids content.

(iv) The specific oxygen uptake rate (sour) for biosolids treated in an aerobic process must be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

(v) Biosolids are treated by an aerobic process for a minimum of 14 consecutive days. Throughout that treatment time, the temperature of the biosolids must remain higher than 40 degrees Celsius and the average temperature of the biosolids must be higher than 45 degrees Celsius.

(vi) the pH of the biosolids must be raised to 12 standard units or higher by alkali addition and, without the addition of more alkali, must remain at 12 standard units or higher for two hours and then remain at 11.5 standard units or higher for an additional 22 hours.

(vii) For biosolids that do not contain untreated solids generated in a primary wastewater treatment process, the percent solids of the biosolids must be equal to or greater than 75 percent, prior to mixing with other materials, until land application.

(viii) For biosolids that contain untreated solids generated in a primary wastewater treatment process, the percent solids of the biosolids must be equal to or greater than 90 percent, prior to mixing with other materials, until land application.

(ix) Biosolids must be injected below the surface of the land. No significant amount of biosolids may be present on the land surface within one hour after the biosolids are injected.

(x) Biosolids must be incorporated into the soil within six hours after application on the land.

(3) The following site restrictions must be followed:

(i) Public access to land with a high potential for public exposure must be restricted during land application and for at least one year after land application. Public access to land with a low potential for public exposure must be restricted during land application and for at least 30 days after application. Access must be controlled during that period by the use of posted signs. In sensitive areas, the department may require the use of fences and gates or other appropriate means.

(ii) Food crops with harvested parts that are totally above the land surface must not be harvested for 14 months after land application. Food crops with harvested parts below the surface of the land must not be harvested for 38 months after land application.

(iii) Food crops grown above the soil with harvested parts that do not touch the biosolids/soil mixture, feed crops and fiber crops must not be harvested for at least 30 days after land application.

(iv) Animals must not be grazed on the land for at least 30 days after land application.

(v) Turf grown on land where biosolids are applied must not be harvested for one year after land application when the harvested turf will be placed on either land with a high potential for public exposure or a lawn.

(C) Monitoring, record keeping and reporting.

(1) Each biosolids source must be analyzed annually in accordance with the following.

(i) The parameters for analysis are found in Table 1, found in Section 360-5.10.

(ii) The minimum number of analyses, for each waste source, that must be submitted with the application is dependent upon the amount of biosolids that will be land applied annually, according to Table 6, found in Section 360-5.10.

(iii) With the exception of ph and total solids, all results must be reported on a dry-weight basis. The analyses must comply with the criteria found in Subparagraphs 360-4.4(a)(2)(iii), (vi), (vii), (viii), (x) and (xi) of this Subpart. After the biosolids have been monitored for two years at the frequency outlined in this paragraph, the Department may reduce the annual number of analyses required for group c parameters if the biosolids quality is consistently below the quality standards.

(iv) Wastewater and partially treated biosolids or sludge that are generated at one facility and treated at another wastewater treatment facility prior to beneficial use are not considered waste sources subject to the criteria in this Paragraph. The resultant biosolids generated for beneficial use are subject to this Paragraph.

(2) Sufficient monitoring data must be obtained to demonstrate compliance with the pathogen and vector attraction reduction requirements of this Subpart. The frequency and type of monitoring necessary will depend on the methods employed to achieve pathogen and vector attraction reduction, and will be determined by the Department.

(3) Annual soil sampling is required. The criteria are found in Subdivision 360-4.4(f).

(4) Annual groundwater monitoring may be required, as determined by the Department. If a land application site is located over an aquifer, groundwater monitoring for viruses or indicator organisms may be required.

§360-4.8 Additional Design Criteria and Operational Requirements for Other Solid Waste Land Application Facilities.

In addition to the operational requirements identified in Section 360-4.6 of this Part, the following operational criteria apply for a land application facility for solid waste other than biosolids or septage.

(A) Domestic sewage or septage content.

If there is any domestic sewage or septage contribution to the treatment facility generating the waste, the waste treatment process must satisfy the pathogen and vector attraction reduction requirements outlined in Subdivision 360-4.7(b) of this Subpart unless it can be demonstrated that the sanitary waste is a minor portion of the waste stream and that salmonella sp. Bacteria, enteric viruses, and viable helminth ova are below detectable levels.

(B) Nutrient or lime content.

The solid waste must contain at least 1 percent total kjeldahl nitrogen or at least 50 percent calcium carbonate equivalence, or provide sufficient documentation to demonstrate that the material is a benefit to the soil or plant grown.

(C) Monitoring, record keeping, and reporting.

Annual waste monitoring may be required, depending on the characteristics of the waste involved. The parameters for analysis and the frequency will be determined by the department depending on the quantity and quality of the waste involved.

§360-4.9 Permit Application Requirements for Storage Facilities for Solid Waste Prior to Land Application.

In addition to the requirements set forth in Section 360-1.9 of this Part pertaining to engineering report contents, the engineering report to be submitted as part of an application for a permit for a storage facility for biosolids or other solid waste prior to land application must contain the following information:

(A) The location of the proposed storage facility on a us geological survey topographic map with a scale of 1:24,000 or an equivalent map.

(B) A map having a minimum scale of 1:2,400 with 20 feet minimum contour intervals, which shows:

(1) The location of the storage facility and the location of existing and proposed soil borings, test pits, monitoring wells, residences, public contact areas, buildings and appurtenances, fences, gates, roads, parking areas, and drainage culverts on-site and within 2,000 feet of the facility for surface impoundments and within 800 feet for other storage facilities;

(2) The direction of prevailing winds;

(3) The location of access roads and roads on-site; and

(4) All surface water bodies, regulated wetlands, potable water wells and flood plains on-site and within 500 feet of the facility.

(C) Details of the construction of the storage facility, including existing and proposed elevation contours, plan views and cross sectional views, spill containment structures, leak detection systems, and loading and unloading apparatus.

(D) For surface impoundments, a construction plan for the facility including a construction quality assurance/construction quality control plan as outlined in Section 360-2.8 of this Part if a soil liner is used or as outlined in Subpart 360-2 if a geomembrane is used.

(E) For surface impoundments, a hydrogeologic report that is consistent with Section 360-2.11 of this Part and that identifies or characterizes the depth to groundwater and bedrock, the critical stratigraphic section and the direction of groundwater flow. The report must also discuss the monitorability of the site and the location of any recharge areas for primary or principal aquifers, and the location of any unstable areas.

(F) A description of the operation of the facility which includes:

(1) A schedule of operation including the days and hours the facility will be open;

(2) Anticipated daily traffic flow to and from the facility;

(3) Procedure for unloading and loading trucks; and

(4) Sampling methods to be used to obtain representative samples of the material in the storage facility.

(G) The name of the owner of the property.

(H) A list of personnel and their responsibilities.

(I) A contingency plan to address the course of action to be taken in the event contamination is detected in the down gradient wells or leak detection system and other possible problems, including odors.

(J) A closure plan for the storage facility outlining how the facility will be properly closed, as provided in Subdivision 360-1.14(w).

§360-4.10 Design and Operational Requirements for Storage Facilities for Solid Waste Prior to Land Application.

(A) For a surface impoundment, a permittee may not operate the storage facility until certification of construction in accordance with the approved engineering report and plans and specifications have been submitted to and approved in writing by the department. The certification must be signed by an individual licensed to practice engineering in the State of New York.

(B) The minimum horizontal separation distances set forth in Paragraph 360-4.6(b)(1) of this Subpart apply, except that the separation to a nearby residence, place of business, or public contact area is increased to 1,500 feet for surface impoundments.

(C) Vector control must be practiced when necessary, as determined by the Department.

(D) Access to surface impoundments and open tanks must be strictly and continuously controlled by fencing, gates, and signs.

(E) All samples obtained from the storage facility must be representative of the material stored. The number of samples necessary will be determined by the department based on the waste type and quantity of waste stored.

(F) All storage facilities must be completely emptied, cleaned, and inspected at least once every 12 months. The Department must be notified at least one week before the cleaning operation is complete to afford the Department the opportunity to inspect the facility before additional material is placed in the facility. Any damage or deterioration revealed by the inspections must be repaired before the facility again receives waste.

(G) Surface impoundments must be constructed above the 100-year flood elevation and must be constructed with a liner system to minimize percolation. The liner system must consist of either a minimum of two feet of compacted soil having a maximum remolded coefficient of permeability of 1 x 10-7meters per second or a synthetic material approved by the department. The soil material particles must be able to pass through a one inch screen.

(H) For surface impoundments, the facility must be monitorable and must not be located within the recharge area of a primary or principal aquifer or in an unstable area as defined in Subparagraph 360-2.12(c)(3)(v).

(I) If soil is used for a liner, the applicable criteria in Subdivision 360-2.13(j) of this part must be followed. Any geomembrane liner used must be in accordance with Subdivision 360-2.13(k) of this Part.

(J) Surface impoundments must have a minimum of two feet of freeboard. The bottom of the impoundment liner system must be a minimum of five feet above both seasonal high groundwater and bedrock.

(K) A minimum of one upgradient and two downgradient monitoring wells, or more as determined by the department, must be installed at a surface impoundment site. Groundwater wells must be placed in accordance with Paragraph 360-2.11(c)(1) of this part and be constructed in accordance with Paragraph 360-2.11(a)(8) of this Part. If multiple surface impoundments are used and are not in close proximity to each other, then each impoundment must have separate monitoring well arrays. A secondary liner system with leachate collection and monitoring may substitute for groundwater monitoring, if approved by the Department.

(L) Water quality must be established in accordance with Subparagraph 360-2.11(c)(5)(i) of this Part before placement of any biosolids, septage, or other solid waste in a surface impoundment.

(M) Storage facilities other than surface impoundments may be constructed of concrete, steel, or other material approved by the department. The storage facility must be designed with a minimum of two feet of freeboard.

(N) Quarterly sampling of the wells at a surface impoundment site must be conducted for the following parameters: chloride, nitrate, ammonia, sulfate, specific conductivity, total hardness, alkalinity, total organic carbon and chemical oxygen demand. In addition, for facilities that store biosolids, annual sampling is required for the following parameters: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, boron, barium, beryllium, cyanide, turbidity and volatile organic compounds. All analyses must be performed by a laboratory certified by the new york state department of health, using methods acceptable to the Department, unless use of an alternate laboratory or method is authorized by the Department. Copies of the original laboratory results must be included.

(1) The department may require sampling for additional parameters based on the type of waste stored and/or past monitoring results.

(2) Sample collection must comply with the criteria found in Subparagraphs 360-2.11(d)(3)(i)-(viii) of this Part.

(3) Samples must be handled, preserved, and shipped in accordance with applicable protocols, as determined by the Department. Chain of custody procedures for the sample must be documented.

(4) Sampling results reported to the department must include the laboratory results, sampling methods, sampling personnel, dates and times samples were taken, purge volumes, field parameters and other relevant information.

(5) The Department must be notified at least five days before each sampling event.

(O) All monitoring well results must be submitted to the department within 60 days after each sampling event.

(P) The permittee must submit an annual report to the Department's central office and appropriate regional office no later than march 1 of each year covering the previous calendar year, on forms prescribed by or acceptable to the Department. The report must include: all required analyses, source and quantities of waste and delivery dates, quantities of waste removed and dates removed, results of annual inspections, and descriptions of any operating problems and corrective actions taken. The submittal of the annual report may be combined with an associated land application annual report.

(Q) Closure. Closure activities must be completed in accordance with the closure plan submitted with the permit application and must be completed within 180 days. At closure, all solid waste must be removed from the storage facility and any connecting lines.

§360-4.11 Research Projects.

The requirements for engineering plans, reports, and specifications found in Section 360-1.9 of this Part and in this Subpart may be modified for facilities used solely for research purposes under the direction of a professional engineer licensed in the State of New York or a research scientist affiliated with an accredited university or research institution located within the State of New York.

(A) Permit application.

The permit application must contain a copy of the research proposal. The research proposal must:

(1) Describe the proposed activity in detail;

(2) Contain a detailed discussion that includes the project objectives, schedule, site location and characteristics, crop management plan, monitoring proposals, methods for evaluating project performance, and proper site closure;

(3) Contain any of the information in Section 360-4.3 of this Subpart as required by the Department;

(4) Contain an outline of all personnel involved and their responsibilities; and

(5) Contain written permission of all landowners, if the landowner(s) are not also the applicant, to use the land for the research project.

(B) Design and operational requirements.

(1) The land application site must not exceed 25 acres.

(2) The facility must be developed, operated, monitored, and maintained in a nuisance-free manner that will be protective of the environment.

(3) Project summary report. Unless otherwise approved by the Department, within 90 days after the expiration date of the research, development and demonstration permit, a project summary report must be submitted to the Department that includes the following information:

(i) A summary of the project objectives, information gathered, analyses conducted, and project results; and

(ii) Any operating problems and other limitations encountered and areas requiring further study.

(C) Permit restrictions.

A research, development and demonstration permit issued under this section is subject to the restriction and renewal criteria found in Subdivisions 360-1.13(a), (c) and (d) of this Part.