(A) The concentration of each pollutant listed in Table 3 of $503.13 in the bulk sewage sludge.

(B) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in $503.32(a) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(C) A description of how the pathogen requirements in $ 503.32(a) are met.

(ii) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years.

(A) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in $503.14 and the vector attraction reduction requirement in (insert either $503.33(b)(9) or (b)(10)) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(B) A description of how the management practices in $ 503.14 are met for each site on which bulk sewage sludge is applied.

(C) A description of how the vector attraction reduction requirements in either $503.33(b)(9) or (b)(10) are met for each site on which bulk sewage sludge is applied.

(4) If the pollutant concentrations in $503.13(b)(3) and the Class B pathogen requirements in $503.32(b)

met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:

(i) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years:

(A) The concentration of each pollutant listed in Table 3 of 8503.13 in the bulk sewage sludge.

(B) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in $503.32(b) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in $503.33(b)(1) through (b)(8)if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(C) A description of how the Class B pathogen requirements in $ 503.32(b) are met.

(D) When one of the vector attraction reduction requirements in $503.33 (b)(1) through (b)(8) is met, a description of how the vector attraction reduction requirement is met.

(ii) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years.

(A) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in $ 503.14, the site restrictions in 8503.32(b)(5), and the vector attraction reduction requirement in (insert either $ 503.33(b)(9) or (b)(10) if one of those requirements is met) was prepared for each site on which bulk sewage sludge is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(B) A description of how the management practices in $503.14 are met for each site on which bulk sewage sludge is applied.

(C) A description of how the site restrictions in $503.32(b)(5) are met for each site on which bulk sewage sludge is applied.

(D) When the vector attraction reduction requirement in either $503.33 (b)(9) or (b)(10) is met, a description of how the vector attraction reduction requirement is met.

are

(E) The amount of sewage sludge (i.e., metric tons) applied to each site.

(F) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the requirement to obtain information in $ 503.12(e)(2) was prepared for each site on which bulk sewage sludge was applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(G) A description of how the requirements to obtain information in $ 503.12(e)(2) are met.

(H) The following certification statement:

(E) The date bulk sewage sludge is applied to each site.

(5) If the requirements in $ 503.13(a)(2)(i) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:

(i) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years.

(A) The concentration of each pollutant listed in Table 1 of 8 503.13 in the bulk sewage sludge.

(B) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert either $503.32(a) or $503.32(b)) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in $503.33(b)(1) through (b)(8) if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(C) A description of how the pathogen requirements in either $ 503.32 (a) or (b) are met.

(D) When one of the vector attraction requirements in $ 503.33 (b)(1) through (b)(8) is met, a description of how the vector attraction requirement is met.

(ii) The person who applies the bulk sewage sludge shall develop the following information, retain the information in $ 503.17 (a)(5)(ii)(A) through (a)(5)(ii)(G) indefinitely, and retain the information in $ 503.17 (a)(5)(ii)(H) through (a)(5)(ii)(M) for five years.

(A) The location, by either street address or latitude and longitude, of each site on which bulk sewage sludge is applied.

(B) The number of hectares in each site on which bulk sewage sludge is applied.

(C) The date bulk sewage sludge is applied to each site.

(D) The cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of $ 503.13 in the bulk sewage sludge applied to each site, including the amount in $ 503.12(e)(2)(iii).

I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in $ 503.14 was prepared for each site on which bulk sewage sludge was applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are sig. nificant penalties for false certification including the possibility of fine and imprisonment.

(I) A description of how the management practices in $ 503.14 are met for each site on which bulk sewage sludge is applied.

(J) The following certification statement when the bulk sewage sludge meets the Class B pathogen requirements in $ 503.32(b):

I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in $503.32(b)(5) for each site on which Class B sewage sludge was applied was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(K) A description of how the site restrictions in $503.32(b)(5) are met for each site on which Class B bulk sewage sludge is applied.

or

(L) The following certification statement when the vector attraction reduction requirement in either $503.33(b)(9) or (b)(10) is met:

I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in (insert either $503.33(b)(9) or $503.33(b)(10)) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(M) If the vector attraction reduction requirements in either $503.33 (b)(9) or (b)(10) are met, a description of how the requirements are met.

(6) If the requirements in $503.13(a)(4)(ii) are met when sewage sludge is sold or given away in a bag or other container for application to the land, the person who prepares the sewage sludge that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

(i) The annual whole sludge application rate for the sewage sludge that does not cause the annual pollutant loading rates in Table 4 of 8503.13 to be exceeded.

(ii) The concentration of each pollutant listed in Table 4 of $503.13 in the sewage sludge.

(iii) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in $503.14(e), the Class A pathogen requirement in $503.32(a), and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in $503.33(b)(1) through $503.33(b)(8)) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(iv) A description of how the Class A pathogen requirements in $ 503.32(a) are met.

(v) A description of how one of the vector attraction requirements in $503.33 (b)(1) through (b)(8) is met.

(b) Domestic septage. When domestic septage is applied to agricultural land, forest, or a reclamation site, the person who applies the domestic septage shall develop the following information and shall retain the information for five years:

(1) The location, by either street address or latitude and longitude, of each site on which domestic septage is applied.

(2) The number of acres in each site on which domestic septage is applied.

(3) The date domestic septage is applied to each site.

(4) The nitrogen requirement for the crop or vegetation grown on each site during a 365 day period.

(5) The rate, in gallons per acre per 365 day period, at which domestic septage is applied to each site.

(6) The following certification statement:

I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements (insert either $503.32(C)(1) or $503.32(c)(2)) and the vector attraction reduction requirement in [insert $503.33(b)(9), 503.33(b)(10), $503.33(b)(12)] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.

(7) A description of how the pathogen requirements in either $503.32(c)(1) or (c)(2) are met.

(8) A description of how the vector attraction reduction requirements in $ 503.33 (b)(9), (b)(10), or (b)(12) are met. (Approved by the Office of Management and Budget under control number 2040-0157) (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42569, Aug. 4, 1999) 8 503.18 Reporting.

(a) Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit the following information to the permitting authority:

(1) The information in $503.17(a), except the information in $ 503.17 (a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), for the appropriate requirements on February 19 of each year.

(2) The information in 8503.17(a)(5)(ii)(A) through (a)(5)(ii)(G) on February 19th of each year when 90 percent or more of any of the cumulative pollutant loading rates in Table 2 of $ 503.13 is reached at a land application site. (Approved by the Office of Management and Budget under control number 2040_0157) [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999]

Subpart C-Surface Disposal $ 503.20 Applicability.

(a) This subpart applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site.

(b) This subpart does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored. It also does not apply to sewage sludge that remains on the land for longer than two years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sewage sludge unit. The demonstration shall include the following information, which shall be retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land:

(1) The name and address of the person who prepares the sewage sludge.

(2) The name and address of the person who either owns the land or leases the land.

(3) The location, by either street address or latitude and longitude, of the land.

(4) An explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal.

(5) The approximate time period when the sewage sludge will be used or disposed.

(c) This subpart does not apply to sewage sludge treated on the land or to the land on which sewage sludge is treated.

$ 503.21 Special definitions.

(a) Active sewage sludge unit is a sewage sludge unit that has not closed.

(b) Aquifer is a geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding ground water to wells or springs.

(c) Contaminate an aquifer means to introduce a substance that causes the maximum contaminant level for nitrate in 40 CFR 141.62(b) to be exceeded in the ground water or that causes the existing concentration of nitrate in ground water to increase when the existing concentration of nitrate in the ground water exceeds the maximum contaminant level for nitrate in 40 CFR 141.62(b).

(d) Cover is soil or other material used to cover sewage sludge placed on an active sewage sludge unit.

(e) Displacement is the relative movement of any two sides of a fault measured in any direction.

(f) Fault is a fracture or zone of fractures in any materials along which strata on one side are displaced with respect to strata on the other side.

(g) Final cover is the last layer of soil or other material placed on a sewage sludge unit at closure.

(h) Holocene time is the most recent epoch of the Quaternary period, extending from the end of the Pleistocene epoch to the present.

(i) Leachate collection system is a system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a sewage sludge unit.

(j) Liner is soil or synthetic material that has a hydraulic conductivity of 1x10-7 centimeters per second or less.

(k) Lower explosive limit for methane gas is the lowest percentage of methane gas in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.

(1) Qualified ground-water scientist is an individual with a baccalaureate or post-graduate degree in the natural sciences or engineering who has sufficient training and experience in ground-water hydrology and related fields, as may be demonstrated by State registration, professional certification, or completion of accredited university programs, to make sound professional judgments regarding ground-water monitoring, pollutant fate and transport, and corrective action.

(m) Seismic impact zone is an area that has a 10 percent or greater probability that the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.

(n) Sewage sludge unit is land on which only sewage sludge is placed for final disposal. This does not include land on which sewage sludge is either stored or treated. Land does not include waters of the United States, as defined in 40 CFR 122.2.

(0) Sewage sludge unit boundary is the outermost perimeter of an active sewage sludge unit.

(p) Surface disposal site is an area of land that contains one or more active sewage sludge units.

(q) Unstable area is land subject to natural or human-induced forces that may damage the structural components of an active sewage sludge unit. This includes, but is not limited to, land on which the soils are subject to mass movement.

(1) A discussion of how the leachate collection system will be operated and maintained for three years after the sewage sludge unit closes if the sewage sludge unit has a liner and leachate collection system.

(2) A description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in $ 503.24(j)(2).

(3) A discussion of how public access to the surface disposal site will be restricted for three years after the last sewage sludge unit in the surface disposal site closes.

(d) The owner of a surface disposal site shall provide written notification to the subsequent owner of the site that sewage sludge was placed on the land.

[58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999]

$ 503.23 Pollutant limits (other than

domestic septage). (a) Active sewage sludge unit without a liner and leachate collection system.

(1) Except as provided in $503.23 (a)(2) and (b), the concentration of each pollutant listed in Table 1 of $503.23 in sewage sludge placed on an active sewage sludge unit shall not exceed the concentration for the pollutant in Table 1 of $ 503.23.

[58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999)

$503.22 General requirements.

(a) No person shall place sewage sludge on an active sewage sludge unit unless the requirements in this subpart are met.

(b) An active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time; located in an unstable area; or located in a wetland, except as provided in a permit issued pursuant to either section 402 or 404 of the CWA, shall close by March 22, 1994, unless, in the case of an active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time, otherwise specified by the permitting authority.

(c) The owner/operator of an active sewage sludge unit shall submit a written closure and post closure plan to the permitting authority 180 days prior to the date that the active sewage sludge unit closes. The plan shall describe how the sewage sludge unit will be closed and, at a minimum, shall include:

Dry weight basis.

(2) Except as provided in $503.23(b), the concentration of each pollutant listed in Table 1 of $ 503.23 in sewage sludge placed on an active sewage sludge unit whose boundary is less than 150 meters from the property line of the surface disposal site shall not exceed the concentration determined using the following procedure.

(i) The actual distance from the active sewage sludge unit boundary to