001 There will be two procedures designed to permit and authorize the land application of effluent and/or single pass noncontact cooling water and/or biosolids. Land application sites and/or effluent not meeting the requirements, limitations, prohibitions or conditions set forth in this chapter will not be permitted under Authorization by Rule but may still be eligible for a site specific permit or site specific language included in an NPDES permit for an individual wastewater treatment facility. Such a determination will be made by the Department. The two procedures necessary for these regulations are as follows:
001.01 Authorization by Rule. An NPDES permit allowing the land application of effluent and/or single pass noncontact cooling water and/or biosolids is hereby Authorized by Rule provided all of the requirements, conditions, limitations and prohibitions contained sections 002, 003, and 004 of this chapter or any other regulation contained in Title 119 pertaining to the land application itself, the land application site and the aforementioned land application materials are observed.
001.02 Application for Site Specific Land Application Authorization. If a land application site and/or the land application material can notcannot meet all of the requirements, conditions, limitations or prohibitions contained in sections. 002, 003, and 004 of this chapter or any other regulation contained in Title 119 pertaining to the land application itself, the applicant may submit an application for a site specific land application permit and / or site specific language to be placed in an NPDES permit for an individual wastewater treatment facility. The determination to approve the permit will be made by the Department on a case by case basis.
002 Land Application of Effluent
002.01 Effluent used for land application shallwill be the final discharge from a domestic wastewater treatment facility. The discharge shallwill receive, at a minimum, treatment so that the limits and conditions set forth herein can be met.
Land Application Site Requirements and Conditions for Restricted and Unrestricted Public Access Sites
002.02A Set Backs and Buffer Zones. The application area must be at least: 002.02A1 1000 feet away from any public drinking water well;
002.02A2 100 feet away from any private drinking water well; and
002.02A3 100 feet from any inhabited dwellings.
002.02A4 Additionally, land application cannot occur within or
adjacent to residential areas.
002.02A5 Application of effluent cannot drain beyond the land application site boundaries. 002.02A6 Application of effluent, runoff or spray is not allowed on public roadways.
002.02B Soil and Crop Criteria
002.02B1 Treated effluent will be land applied at an agronomic rate. Agronomic rate is defined as the application rate of nitrogen to meet the estimated nitrogen requirements of the crop being produced based on past or projected yields. In determining the agronomic rate, the permittee will consider the nitrogen content of the wastewater, available nitrogen in the soil, and the amount of nitrogen from commercial fertilizer. Any laboratory testing or other documentation regarding the determination of agronomic rate for the land application site will be retained by the permittee. Documentation will be made available immediately upon request to the Department.
002.02B2 Treated wastewater will not be applied to crops that are intended for distribution in their raw form for direct human consumption.
002.02C Land Application Site Prohibitions
003 Single Pass Noncontact Cooling Water
002.02C1 Land application is prohibited when the ground is frozen or saturated. 002.02D Ground Water Criteria
002.02C2 Land application sites will have a slope of 12% or less.
002.02C3 Surface runoff of effluent is prohibited. Land application will cease immediately if ponding or runoff occurs.
002.02C4 Land application sites will be free of perennial or intermittent streams, ponds, lakes or wetlands.
002.02D1 There will be no impairment to the beneficial uses of ground water. Any substance introduced directly or indirectly by human activity will not be allowed to exceed the applicable standards for ground water as set forth in Title 118 - Ground Water Quality Standards and Use Classification. 002.02E Effluent Criteria
002.02D2 The distance of land surface to the seasonal high groundwater level as specified either by a soil survey map or well logs, will be, at least 4 feet.
002.02D3 Where the potential for ground water contamination is a concern, the Department may require ground water monitoring.
002.02E1 The total hydraulic application rate will be based on weekly local crop uptake values. The total hydraulic application rate will not exceed 2 inches per acre (54,304 gallons) per week.
002.02E2 Treated wastewater used for land application will comply with all numeric and narrative limits, conditions and requirements set forth herein.
002.02E3 The effluent will be monitored for the following parameters: pH, Total Kjeldahl Nitrogen, Nitrate as Nitrogen, Ammonia as Nitrogen, Total Dissolved Solids, Chloride, Phosphorous and Sodium Adsorption Ratio (SAR).
002.02F The permittee will maintain and retain logs containing the following information:
002.02G Monitoring Frequency Requirements
002.02F1 Each land application site will be identified in the log by the legal description. All information pertaining to that land application site will be identified as such.
002.02F2 The inches per acre per week of treated wastewater applied to each land application site. The beginning and ending date of the week will be noted in the log.
002.02F3 The results of the laboratory analysis for the parameters in Section 002.02E3 of this Chapter. A copy of the laboratory analysis will be attached to the log entry.
002.02F4 Any additional nitrogen applied to the land application site per irrigation season per year. The amount of nitrogen will be reported in tons per acre per year.
002.02F5 If additional nitrogen is applied to the application site, the source and amount from each source will be noted in the log.
002.02F6 The permittee will make these logs available for review upon request by the Department.
002.02G1 The monitoring frequency for Restricted Public Access Sites will be, at a minimum, annually. The effluent will be sampled on the first day of land application.
002.02G2 The monitoring frequency for Unrestricted Public Access Sites will be, at a minimum, once during the first week of the initial land application (irrigation) event and once every month thereafter for all parameters except flow.
002.03 Land Application Site Requirements and Conditions for Unrestricted Public Access Sites
002.03A The treated effluent will be disinfected prior to land application in an unrestricted public access area. If chlorine or a chlorine compound is used as the disinfection agent the treated effluent will be dechlorinated prior to land application.
002.03B Public access to the land application site will be prohibited during the actual land application event.
002.03C The permittee will provide signage located at the land application site(s) containing language prohibiting public access during a land application event and informing the public that effluent is used on the site(s).
002.03D Effluent that is land applied to unrestricted public access sites will not exceed limits for E. coli of 126 # / 100 ml for a monthly geometric mean and within a month, no more than 10% of the samples will exceed 400 CFU/100 mL. Invalid test results for E. coli, such as “too numerous to count” (TNTC), will not be accepted and the permittee will retest within 24 hours after obtaining invalid results. The Department will be notified within 24 hours of a TNTC or other invalid result. The results of the laboratory analysis will be recorded in the log. A copy of the laboratory analysis will be attached to the log entry.
004 Sewage sludge resulting from domestic, industrial, septic or pretreatment facilities treating compatible type pollutants (i.e. pollutants such as BOD, TSS, ammonia) may be land applied by a facility in accordance to this chapter and their NPDES or Facility pretreatment permit. 003.01 The requirements and conditions listed in sections 002.02A through 002.02F are all applicable to single pass noncontact cooling water.
003.01A The monitoring frequency for Restricted Public Access Sites will be, at a minimum, annually. The effluent will be sampled on the first day of land application.
003.01B Single pass noncontact cooling water used for land application will originate from either a well or a municipal water source and will not contain any additives placed in the water after entry into the cooling system.
Enabling Legislation: Neb. Rev. Stat. §81-1505(8).
004.01 The director will consider any relevant technical guidance in establishing terms and conditions necessary to protect human health and the environment, including but not limited to the conditions and requirements of 40 CFR part 503 pertaining to Standards For The Use Or Disposal of Sewage Sludge (40 CFR part 503) and/or to the conditions and requirements of 40 CFR part 257 pertaining to Criteria For Classification Of Solid Waste Disposal Facilities And Practices these Federal regulations (40 CFR part 257) are hereby adopted and incorporated by reference.
004.02 The Department may prevent the land application of sewage sludge for any reasonable cause including a facility failing to follow the site restrictions and management practices specified 40 CFR part 503, 40 CFR part 257 and/or section 002.02A and 002.02B of this chapter.
004.03 Sewage Sludge records will be kept for a minimum of 5 years or as specified in 40 CFR part 503 or 40 CFR part 257.