310 C.M.R. 32.52 – Requirements for the Sale or Distribution of Type II or Type III Sludge or Septage

(1) No person shall sell or distribute, or offer for use, sale, or distribution any Type II or Type III sludge or septage unless:
1. (a) the Department has issued an Approval of Suitability for such sludge or septage and that Approval of Suitability for such sludge or septage is valid at the time such sludge or septage is sold or distributed or offered for sale, distribution, or use;
2. (b) the Department has granted a Land Application Certificate authorizing the person purchasing or obtaining the sludge or septage to use that specific type sludge or septage which is being sold or distributed or offered for use, sale, or distribution.
(2) Each person who sells or distributes or offers for sale or distribution Type II or Type III sludge or septage shall be responsible for ascertaining before selling or distributing such sludge or septage that the person obtaining or purchasing such sludge or septage has been granted a Land Application Certificate by the Department which:
1. (a) permits the use of that type sludge or septage being sold or distributed, and
2. (b) authorizes the amount of that type sludge or septage being obtained.
(3) Each person who sells or distributes or offers for sale or distribution Type II or Type III sludge or septage shall provide the person purchasing or obtaining such sludge or septage with the following information:
1. (a) the name and address appearing on the Approval of Suitability;
2. (b) the dates of issuance and expiration of the Approval of Suitability for the sludge or septage being sold or distributed;
3. (c) the results of the most recent analysis of the sludge or septage being sold or distributed and the dates on which said analysis was taken and analyzed;
4. (d) the amount of sludge or septage being sold or distributed.
(4) Each person who uses Type II or Type III sludge or septage shall be responsible for ascertaining, before purchasing or obtaining such sludge or septage, that such sludge or septage is the subject of a Approval of Suitability then in effect.
(5) Each container in which Type II or Type III sludge or septage is sold, distributed, or transported, or offered for use, sale, or distribution shall itself prominently display or, if such display is not practicable, shall be accompanied by a shipping paper which shall prominently display the following:
1. (a) the type classification of the sludge or septage (i.e. Type II or Type III);
2. (b) the date of issuance of the Department Approval of Suitability for such sludge or septage and the expiration date thereof;
3. (c) notice that the material may only be used in compliance with Massachusetts land application regulations and only with prior express written approval of the Department.
Such a label shall read substantially as follows:
NOTICE: Contains Type (II or III) (sludge or septage). May be used only in compliance with Massachusetts land application regulations and only with the prior express written approval of the Department of Environmental Protection.
(6) Type II or Type III sludge or septage containing greater than ten parts per million of molybdenum shall be accompanied by a written warning that use of such sludge or septage may result in forage crops containing levels of molybdenum which are toxic to ruminants. Sludge or septage subject to this requirement may be approved by the Department only on the condition that this requirement is complied with.
(7) Type III sludge or septage containing greater than 300 parts per million of water soluble boron shall be accompanied by a written list of the crops for which use of such sludge or septage is recommended. Such list shall bear the words "Warning" or "Caution" and a warning that misuse of such sludge or septage can result in crop injury. Sludge or septage subject to these requirements may be approved by the Department only on the condition that these requirements are complied with.
(8) Type II and III sludge containing molybdenum shall be accompanied by a written label or bill of lading that states the following: "This product contains molybdenum. Under certain site conditions, if used on soils growing crops that will be used to feed ruminant animals (e.g., cattle, sheep and goats) there is a small risk that molybdenosis could occur. This risk is greater for alkaline stabilized biosolids. Animal managers are advised to refer to additional information on the site conditions of concern and management options at (http://www.mass.gov/eea/docs/dep/water/wastewater/a-thru-n/mobiosolids.pdf )." A statement indicating whether the biosolids have been alkaline stabilized shall also be included.