The location of a land application facility shall not pose a threat or endangerment to surface waters; to groundwater or the aquifer; to public or private drinking water wells; to a residence or public contact site; or to wetlands, or otherwise cause a nuisance menacing public health.

1. (1) It shall be the responsibility of the applicant for a Land Application Permit to determine the suitability of the proposed facility area for the application of septage or septage mixed with other permitted waste by virtue of its hydrogeology and soil characteristics, and to present supporting evidence of same to the LHD.

2. (2) In order to minimize the potential threat to the public health and the risk of contamination by septage or septage mixed with other permitted waste, the location of all land application facilities shall meet the setback restrictions found in Table 1.

   1. (a) Storage tanks shall meet the setback restrictions found in Table 3.
3. (3) The maximum slope at any part of a land application facility where septage or septage mixed with other permitted waste is applied shall not exceed 12 percent.
4. (4) The land application area and the area extending 300 feet from the outer boundaries of the facility shall contain no evidence of subsurface fractures, solution cavities, sinkholes, excavation bore holes, abandoned wells, or any other natural or man-made conduits that could allow direct contamination of groundwater, as determined by a qualified hydrogeologist.
5. (5) The land application facility shall be served by an access route or road kept in good repair by the applicant.

Author: John-Paul O'Driscoll, Christie L. White, George B. Allison, Thad Pittman

Statutory Authority: Code of Ala. 1975, §§22-2-2(6), 22-10-1 et seq., 22-20-5, 22-26-1, 22-26-2, 22-26-3.

Editor’s Note: Previous Rule .09 was renumbered .14 per certification published December 31, 2020; effective February 14, 2021.

History: Filed September 20, 1989. Repealed: Filed November 19, 1991. New Rule: Filed October 20, 1994; effective November 24, 1994. Repealed and New Rule: Published December 31, 2020; effective February 14, 2021.