310 C.M.R. 32.21 – Site Requirements for Land Application of Type II or Type III Sludge or Septage

(1) Soil Texture.
1. (a) Except as provided in 310 CMR 32.21(1)(b), Type II or Type III sludge or septage may be land applied only on land where the surface soil meets the criteria for the following soil textural classes as designated by the USDA:
  1. 1. sandy loam.
  2. 2. sandy clay loam.
  3. 3. fine sandy loam.
  4. 4. loam.
  5. 5. loamy sand.
  6. 6. very fine sandy loam.
  7. 7. fine silt.
  8. 8. silt.
  9. 9. silt loam.
  10. 10. clay loam.
  11. 11. silty clay loam.
  12. 12. sandy clay.
  13. 13. silty clay.
2. (b) If the Department determines that there is minimal risk of contamination of existing, planned, or potential groundwater public water supply, the Department may grant approval for land application on land whose soil has coarse sand, as defined in 310 CMR 32.05. Such approval shall be valid only if given by the Department expressly and in writing.
(2) Soil Drainage.
1. (a) Land application of Type II or Type III sludge or septage shall not be permitted on any site where the soil, when moist, has within three feet of the ground surface:
  1. 1. mottles with a Munsell color notation chroma of 2 or less over 5% or more of the observed soil horizon surface, or
  2. 2. dominant colors in the matrix with a Munsell color notation chroma of one or less if any mottles present in the observed soil horizon surface do not cover more than 5% of the observed soil horizon surface, or if there are no mottles present in the observed soil horizon surface.
2. (b) The Department may require a greater distance between the ground surface and the maximum high groundwater table than the distance provided for pursuant to 310 CMR 32.21(2)(a) if sludge or septage is, or is intended to be, land applied over an existing, planned, or potential groundwater public water supply.
(3) Depth to Groundwater. There shall be a minimum of three feet between the lowest point of land application of Type II or Type III sludge or septage and the maximum high groundwater table. The Department may require a greater distance between the lowest point of land application and the maximum high groundwater table than the distance provided for in the preceding sentence if sludge or septage is, or is intended to be, land applied over an existing, planned, or potential groundwater public water supply.
(4) Depth to Bedrock. There shall be a minimum distance of three feet between bedrock and the lowest point of land application of Type II or Type III sludge or septage. The Department may require a greater distance between the lowest point of land application and bedrock if the location in question is over an aquifer whose groundwater supplies a bedrock well.
(5) Soil pH. No Type II or Type III sludge or septage shall be land applied at a site where the pH of the surface soil is below 6.5 at the time of land application or would go below 6.5 as a result of mixing the soil with the sludge or septage.
(6) Site Control Measures. Type II or Type III sludge or septage shall at all times be confined to the site of land application. Land application of such sludge or septage shall be in accordance with soil conservation practices which minimize run-off and soil loss through erosion. The Department may require that measures such as run-off prevention or erosion control methods be instituted at a land application site in order to prevent the contamination of ground water or surface water by pollutants originating from the land applied sludge or septage. Specific measures for run-off prevention or erosion control shall be submitted to the Department for its approval prior to their implementation. Among measures that may be approved are those recommended by the Cooperative Extension Service, USDA Soil Conservation Service, or other qualified persons.
(7) Slope. Type II or Type III sludge or septage shall not, without the prior express written approval of the Department, be land applied on any land whose slope exceeds 8% from the horizontal plane.