(A) Any person with a land application permit pursuant to 327 IAC 6.1 et seq. shall ensure that a soil scientist shall evaluate each and every land application site used by such person. The certified soil scientist must meet the minimum qualifications to be included on the State Department of Health's list of approved soil scientists. The evaluation shall consist of the following:
(1) A minimum of three borings within any proposed acre being considered for biosolid land application;
(2) A topographic description of the proposed land application site including, but not limited to, any drainage ways, diversions swales, sink holes, and a map detailing where individual soil borings have been taken. The map shall also include the proposed outline of the biosolid land application site along with property line and road setbacks;
(3) The soil borings shall be described to a depth of six feet, or to a layer where sampling may be inhibited by rock or other impervious layer. The minimum soil depth described must be at least four feet. Samples that are not described to a depth of a minimum of four feet shall not be used for considering land application suitability.
(4) Descriptions shall include, but not be limited to, soil type, texture, structure, and depths to seasonal high water table, and depths to any layer may inhibit water movement through the soil. Descriptions shall also contain estimated permeability of each soil profile and varying depths.
(5) Comments by the soil scientist on the potential for the proposed biosolid land application to meet the requirements of Rule 327 IAC 6.1 et seq. for site specific and non-site specific locations.
(B) The County Health Department shall keep a copy of each and every soil scientist report, for each and every biosolid application site, on file for a period of not less than five years.
(C) A designated County Health Department designee shall review the material provided and inspect the biosolid application site prior to permit issuance to assure the minimum requirements as outlined within this subchapter have been met.
(D) After review of the material provided, the Health Department shall inform the applicant whether an operational permit for biosolid application on the proposed site can be issued. If conditions preclude the issuance of an operational permit, the applicant shall be notified in writing detailing the reasons for the denial.
(E) Should any applicant be denied an operational permit through the Health Department, such applicant may appeal the decision before the County Board of Health. The decision of the County Board of Health shall be considered final.
(F) Once an operational permit for the application of biosolids has been issued by the Health Department, the permit holder shall notify the Health Department at least seven days prior to each proposed application event.
(G) The Health Department designee shall take (not receive) a minimum of two biosolid samples from each and every biosolid container and batch. No biosolids may be land applied until such samples have been taken. The County Health Department shall collect and send each and every biosolid sample to an approved state laboratory for analysis at the cost of such land application permit holder. The contents of each sample shall comply with all applicable state and local laws, rules and regulations. The County Health Department shall provide a copy of the biosolid analysis to the land application permit holder. If any biosolid sample is found to violate any of the State Department of Environmental Management's requirements, standards and/or regulations of the land application permit, the Health Department shall notify the State Department of Environmental Management of the violation and shall provide a copy of the sample analysis to the State Department of Environmental Management. The Health Department shall keep a copy of each and every biosolid sample analysis on file for a period of not less than five years.
(H) The County Health Department designee shall also verify that the weather and soil conditions at the proposed application time are conducive to such application. No biosolids shall be applied in the rain, or at any time where the soil has exceeded its absorptive capacity to the depth of application. A soil shall have been noted to have exceeded its absorptive capacity if a ribbon of soil inch in diameter can be rolled within the palms of the hands and not break apart. This absorptive test shall be conducted over each area to be used for land application on the day of application. The permit holder shall document the results of these tests and maintain these records for each application event.
(I) All biosolid applications sites must be at least 660 feet from all private potable water supplies, state waters, private recreational waters, springs and residential property lines. Biosolids cannot be land applied to land which contains slopes in excess of 6% and which slopes toward private potable water supplies, private recreational waters, springs, drainage ways, and residential property lines.
(J) Each adjoining landowner to the land application site must be notified, in writing by the land application permit holder, at least seven days prior to each application of a biosolid.
(K) Within 24 hours following a biosolid application, a designated County Health Department designee shall physically verify that the biosolid has been incorporated into the soil.
(L) Any entity or person that obtains a permit for biosolid application through the State Department of Environmental Management must conform to all recommendations listed by the National Institute of Occupational Safety and Health.
(M) Prior to leaving the biosolid application site, the biosolid application equipment shall be disinfected by the land application permit holder.
(N) All land application sites shall be completely surrounded by a fence and locking gate of not less than four feet in height. The permit holder shall be responsible for constructing and maintaining this signage and fencing and gate. The fence should block site access to children and domestic pets. Additionally, a sign of not less than two square feet in surface area shall be placed on the fence at a maximum 400-foot intervals, with a minimum of two signs per side. The sign lettering shall read, "KEEP OUT. BIOSOLID APPLICATION SITE."
(O) The land application permit holder shall comply with this subchapter and all other applicable laws, rules and regulations. Only the biosolid land application permit holder or an employee of the permit holder may land apply biosolids. The permit holder is strictly prohibited from allowing any person other than a properly trained employee from land applying biosolids. The permit holder shall be legally responsible for any and all violations of this subchapter, and an employee is regarded as an agent or extension of the permit holder, acting on behalf of the permit holder and therefore the permit holder shall be considered to be the violator.
(P) To the extent of a conflict between this subchapter and any other state or local law, rule or regulation, the stricter law or regulation shall govern.
(BC Ord. 3-2002, passed 3-18-02)