1. (1) Application Rate.

   1. (a) Type II or Type III sludge or septage shall be land applied at a rate which shall not exceed the nitrogen requirements of the crop grown or intended to be grown at the site of such land application.

   2. (b) Type II or Type III sludge or septage shall be land applied at a rate which does not exceed the maximum annual allowable concentration specified in the following table:

      TABLE 32.23(1)(b)

      Maximum Annual Allowable Application

Substance Pounds/Acre

Cadmium 0.45

1. (c) Type II or Type III sludge or septage shall be land applied at a rate which does not allow the maximum cumulative application, excluding the soil background level, to exceed the maximum cumulative allowable levels specified in the following table:

   TABLE 32.23(1)(c)

   Maximum Cumulative Application

Substance Pounds/Acre

Cation Exchange Capacity in meq/100g

Less than 5 5 or More

Cadmium 4.5 4.5 Zinc 250.0 500.0 Copper 125.0 250.0 Nickel 50.0 100.0

1. (d) Type II or Type III sludge or septage shall be land applied at a rate which does not allow the cumulative level, including the background level, to exceed the maximum cumulative allowable concentration specified in the following table:

   TABLE 32.23(1)(d)

   Maximum Annual Allowable Soil Concentration Including Background Level Pounds/Acre

Substance Cation Exchange Capacity in meq/100g

Less than 5 5 or More

Lead 445.0 600.0 PCBs 2.0 2.0

1. (e) No Type II or Type III sludge or septage shall be land applied on pasture land if the concentration of PCBs in the sludge or septage exceeds two parts per million.

2. (f) Land application of Type II or Type III sludge or septage at a rate which allows cumulative level of lead to exceed the amount specified in Table 32.23(1)(d) may be allowed only if all the following requirements are met:

   1. 1. a person wishing to land apply such sludge or septage at such a rate applies in writing to the Department for approval to do so, and
   2. 2. the applicant persuades the Department that allowing additional lead in the soil will not create a significant risk to public health or the environment, and
   3. 3. the applicant persuades the Department that, when the cation exchange capacity of the soil is five or more milliequivalents per 100 grams, the maximum cumulative application of lead to the soil shall not exceed 715 pounds per acre, and
   4. 4. the Department expressly and in writing approves such land application, after a determination by the Department that the applicant has made the showings required by 310 CMR 32.23(1)(f)2. and 3., and
   5. 5. such land application is otherwise in compliance with 310 CMR 32.00 and with the terms and conditions of the approval granted by the Department.
3. (2) Incorporation into Soil. No person who land applies Type II or Type III sludge or septage shall allow more than 48 hours to elapse between the time such sludge or septage is first land applied to the surface of the soil and the time the sludge or septage is mixed into the soil or beneath the surface of the soil. The requirement in the preceding sentence shall not apply to the land application of sludge or septage which has been stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(b) and which is not putrescible.
4. (3) Public Access. A person who land applies Type II or Type III sludge or septage shall control public access to the site of such land application during and for the 12 months after such application unless the sludge or septage was stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(b). If the site is likely to be frequented by the general public, or if inadvertent public contact with the sludge or septage is likely, such control of public access shall be by fencing or posting of appropriate signs.
5. (4) Grazing Animals. For at least 30 days after Type II or Type III sludge or septage is land applied at a site, animals shall not be permitted to graze on that site.

6. (5) Crops

   1. (a) No Type II or Type III sludge or septage shall be land applied at a site if, at the time of land application, there are growing on the site crops which may be consumed by humans or grazing animals.
   2. (b) Type II or Type III sludge or septage may be land applied to the surface of land on which hay is grown or is intended to be grown, or to the surface of pasture land, only if 310 CMR 32.23(2) is complied with and such land application occurs prior to the growth or regrowth of a crop on that land.

   3. (c) Only Type I sludge, or Type II or Type III sludge or septage which has been stabilized by a process deemed acceptable to the Department pursuant to 310 CMR 32.12(1)(b), may be land applied at a site if:

      1. 1. crops for direct human consumption are, or are intended to be, planted on that site within 24 months of land application, and
      2. 2. there will be direct contact between the edible portion of such crops and the sludge or septage.

7. (6) Seasonal Restrictions. No person shall land apply Type II or Type III sludge or septage:

   1. (a) during periods of rain, or
   2. (b) when the soil is frozen, or
   3. (c) when the soil is covered with snow or ice, or
   4. (d) when the soil is saturated with water.