1. (a) These rules shall govern:

   1. (1) The processing, storage, and disposal of sludge in bulk;
   2. (2) The land application of quality-certified sludge in bulk; and
   3. (3) The removal and transportation of sludge derived from human waste that is not class A biosolids.
2. (b) Except for the sludge hauling requirements specified in Env-Wq 805, these rules shall not apply to sludge that is disposed as a waste or otherwise used at a solid waste facility permitted by the department pursuant to RSA 149-M.
3. (c) Except for the sludge hauling requirements specified in Env-Wq 805, these rules shall not apply to sludge that is disposed in an incinerator permitted to incinerate sludge by the department pursuant to RSA 125-C or RSA 125-I, or both.

4. (d) These rules shall not apply to any sludge management activity(ies) incidental to the operation of:

   1. (1) A wastewater treatment plant for which a surface water or a groundwater discharge permit has been issued by the department pursuant to RSA 485-A:13; or
   2. (2) A water treatment facility granted approval to operate pursuant to RSA 485:8.
5. (e) Nothing in these rules shall be construed to modify or lessen the powers conferred upon local authorities by health and land use enabling statutes.
6. (f) Nothing in these rules shall be construed to eliminate the need to comply with the federal regulations as specified in 40 CFR part 503.
7. (g) Class A biosolids shall be subject to Env-Wq 809 and Env-Wq 810 only.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 800) #10998, eff 1-1-16