1. (a) QC sludge shall be land applied at rates that conform to the approved nutrient management plan for the site permit pursuant to Env-Wq 806.07(h) and the annual updated plan required by Env-Wq 806.12(a)(5).
2. (b) No QC sludge shall be applied on frozen or snow-covered ground or when the ground is saturated due to precipitation or flooding.
3. (c) No QC sludge shall be applied on agricultural land that has a slope greater than 15 percent, that is, a 15 foot rise in 100 feet.
4. (d) QC sludge spread on agricultural land that has a slope greater than 8 percent shall contain a minimum of 15 percent solids or be subsurface injected.
5. (e) QC sludge shall be spread uniformly over each field, at the rate specified in the approved nutrient management plan or the annual updated nutrient management plan, as applicable.
6. (f) QC sludge that is to be land applied shall be processed to minimize visible or identifiable plastics or other non-biodegradable solids.
7. (g) No QC sludge shall be applied on very poorly drained soils.
8. (h) No QC sludge shall be applied in the floodway, defined as the stream channel plus that portion of the overbanks that must be kept free from encroachment in order to discharge the one percent annual chance flood without increasing flood levels by more than one foot.
9. (i) Animals shall not be grazed on land on which QC sludge has been land applied until 45 days after the last application of QC sludge unless methods to reduce adherence to the crop or vegetation are used in conformance with the approved management plan.
10. (j) Unless immediate incorporation is required by RSA 483, New Hampshire rivers management and protection program, QC sludge shall be incorporated into the soil within 48 hours of spreading unless it is used for top dressing.

11. (k) Each reclamation and forest site shall be posted, for the life of the permit, with signs that:

    1. (1) Contain the name and telephone number of the operator and the name and address of the owner or lessee of the property;
    2. (2) State “This is a sludge land application site”;
    3. (3) Are printed in block letters no less than 2 inches in height; and
    4. (4) Are posted not more than 100 yards apart on all sides and at all gates, bars, and commonly-used entrances.

12. (l) Except for sites where only biosolids that are certified as low metals are applied, all biosolids to be land applied shall not exceed any of the following lifetime cumulative pollutant loading rates:

    1. (1) For arsenic, 10 kilograms per hectare or 9 pounds per acre;
    2. (2) For cadmium, 5 kilograms per hectare or 4.5 pounds per acre;
    3. (3) For chromium, 300 kilograms per hectare or 268 pounds per acre;
    4. (4) For copper, 300 kilograms per hectare or 268 pounds per acre;
    5. (5) For lead, 200 kilograms per hectare or 178.6 pounds per acre;
    6. (6) For mercury, 5.6 kilograms per hectare or 5.0 pounds per acre;
    7. (7) For molybdenum, 18 kilograms per hectare or 16 pounds per acre;
    8. (8) For nickel, 100 kilograms per hectare or 89.3 pounds per acre;
    9. (9) For selenium, 100 kilograms per hectare or 89 pounds per acre; and
    10. (10) For zinc, 500 kilograms per hectare or 446.5 pounds per acre.
13. (m) For QC sludge not generated in New Hampshire, the rate of application shall conform to the application rate allowed by the state of origin or Env-Wq 800, whichever results in the lower loading rate.
14. (n) For QC sludge not generated in New Hampshire, groundwater monitoring in accordance with Env-Wq 808 shall be required for sludge management activities that would require groundwater monitoring in the state of origin.

15. (o) Subject to the notes in (p), below, no person shall land apply or stockpile QC sludge within the buffer areas specified in Table 806-1:

    Table 806-1: Buffer Distances for Land Application

    Receptor

    Buffer Distance (feet)

    For Land Application:

    Rivers protected under RSA 483

    250

    Surface Waters not protected under RSA 483

    125^a

    Non-tidal Drainage Ditch

    33

    Community Wells ^b

    400

    Other Wells

    300

    Surface Drinking Water Source

    500

    Property Lines

    100^c

    Public Roads other than Federal Interstate Highways

    25

    Federal Interstate Highways

    10

    On-site Occupied Dwelling

    100

    Off-site Occupied Dwelling:

    If used for top dressing

    500^d

    If incorporated within 48 hours

    200^d

    Bedrock

    2

    Groundwater Depth:

    Land Application

    2^e

    Reclamation

    4^e

    For Stockpiling or Field Storage:

    Surface Drinking Water Source

    500

    Nearest Occupied Dwelling

    500 ^f

    Nearest Off-site Well

    500^g

    Property Line

    100^c

    Bedrock

    4

    Groundwater Depth

    2ⁱ

    Rivers protected under RSA 483

    250

    Surface waters not protected under RSA 483

    250^h

    Non-tidal Drainage Ditch

    100

16. (p) The following shall apply to Table 806-1:

    1. (1) The letter “a” shall indicate that the distance to surface waters not protected under RSA 483 may be reduced from 125 feet to 75 feet if the material is incorporated within 48 hours and the slope is less than 8 percent;
    2. (2) The letter “b” shall indicate those community public water supply wells that withdraw greater than 57,600 gallons over a 24-hour period;
    3. (3) The letter “c” shall indicate that the distance to property lines may be reduced through written agreement with affected party(ies);
    4. (4) The letter “d” shall indicate that the distance to an off-site occupied dwelling may be reduced to 100 feet through written agreement with affected parties;
    5. (5) The letter “e” shall indicate that this shall be the distance to the groundwater at the time of application of sludge;
    6. (6) The letter “f” shall indicate that the distance to the nearest occupied dwelling shall be as far as practical beyond 500 feet, but can may be reduced below 500 feet with the occupant’s prior written consent;
    7. (7) The letter “g” shall indicate that the distance to the nearest well shall be as far as practical, but in no case closer than 500 feet;
    8. (8) The letter “h” shall indicate that the distance to surface waters not protected under RSA 483 may be reduced to 125 feet if the slope of the land to the surface water is less than 5% and a vegetated buffer strip of at least 25 feet is maintained between the stockpile and the surface water; and
    9. (9) The letter “i” shall indicate that the distance is to the seasonal high water table.

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