CHAPTER Env-Wq 800 SLUDGE MANAGEMENT

Statutory Authority: RSA 485-A:6, X-a

REVISION NOTE #1:

Document #8887, effective 5-23-07, readopted with amendments and redesignated former Chapter Env-Ws 800 titled Sludge Management as Env-Wq 800 pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The prior filings for former Env-Ws 800 include the following documents:

#4840, INTERIM eff 6-19-90, EXPIRED: 10-17-90

#4955, EMERGENCY eff 10-18-90, EXPIRES: 2-15-91

#5065, eff 2-14-91

#5627, INTERIM eff 5-25-93, EXPIRES: 9-22-93

#5697, eff 8-31-93

#6131, EMERGENCY eff 11-22-95, EXPIRES: 3-21-96

#6205, eff 3-19-96

#6966, eff 3-26-99

#8849, INTERIM, eff 3-26-07, EXPIRES: 9-22-07

REVISION NOTE #2:

Document #10998, effective 1-1-16, readopted with amendments Chapter Env-Wq 800, including the insertion of rules and the extensive renumbering of existing rules within Env-Wq 800. The existing rules in the former Chapter Env-Wq 800 did not expire on 5-23-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10998, effective 1-1-16. Document #10998 replaces the rules for the former Env-Wq 800 filed under Document #8887.

The former rules under Document #8887 are cross-referenced below with the new rules under Document #10998, if applicable. The reference “none” under “Former Rule” indicates that was no existing rule counterpart for the rule listed under “New Rule.” The existing rule sections Env-Wq 804.04 and Env-Wq 807.05 were expanded as noted into sections Env-Wq 804.04-804.06 and Env-Wq 809.05-809.08, respectively.

Former Rule New Rule

Env-Wq 801.01 Env-Wq 801.01

Env-Wq 801.02 Env-Wq 801.02

(none) Env-Wq 801.03

Env-Wq 801.03 Env-Wq 801.04

Env-Wq 802.01-802.03 Env-Wq 802.01-802.03

(none) Env-Wq 802.04

Env-Wq 802.04 Env-Wq 802.05

(none) Env-Wq 802.06

Env-Wq 802.05 Env-Wq 802.07

Env-Wq 802.06 Env-Wq 802.08

(none) Env-Wq 802.09

Env-Wq 802.07-802.09 Env-Wq 802.10-802.12

Env-Wq 802.11 Env-Wq 802.13

(none) Env-Wq 802.14

(none) Env-Wq 802.15

Env-Wq 802.12-802.22 Env-Wq 802.16-802.26

(none) Env-Wq 802.27

(none) Env-Wq 802.28

Env-Wq 802.23-802.31 Env-Wq 802.29-802.37

(none) Env-Wq 802.38

Env-Wq 802.32 Env-Wq 802.39

(none) Env-Wq 802.40

Env-Wq 802.33-802.42 Env-Wq 802.41-802.50

(none) Env-Wq 803.01

Env-Wq 803.01 Env-Wq 803.02

(none) Env-Wq 803.03

Env-Wq 803.02 Env-Wq 803.04

Env-Wq 804.01-804.03 Env-Wq 804.01-804.03

Env-Wq 804.04 Env-Wq 804.04-804.06

Env-Wq 804.05-804.08 Env-Wq 804.07-804.10

Env-Wq 805.01-805.12 Env-Wq 805.01-805.12

Env-Wq 806.01-806.12 Env-Wq 806.01-802.12

Env-Wq 808.01-808.12 Env-Wq 807.01-807.12

Env-Wq 809.01-809.05 Env-Wq 808.01-808.05

Env-Wq 807.01-807.04 Env-Wq 809.01-809.04

Env-Wq 807.05 Env-Wq 809.05-809.08

Env-Wq 807.06 Env-Wq 809.09

Env-Wq 810.01-810.03 Env-Wq 810.01-810.03

(none) Env-Wq 810.04

Env-Wq 811.01-811.05 Env-Wq 811.01-811.05

PART Env-Wq 801 PURPOSE AND APPLICABILITY

Env-Wq 801.01 Purpose. The purpose of this chapter is to implement RSA 485-A:4, XVI-b by establishing standards, criteria, and procedures for a permit system to manage the removal, transportation, and disposal of sludge in order to protect human health and the environment, prevent nuisances, and regulate the beneficial use and recycling of sludge pursuant to RSA 485-A:4, XVI-c that meets the criteria for land application with appropriate performance standards.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 801.02 Applicability.

(a) This chapter shall govern:

(1) The processing, storage, and disposal of sludge in bulk;

(2) The land application of quality-certified sludge in bulk; and

(3) The removal and transportation of sludge derived from human waste that is not class A biosolids.

(b) Except for the sludge hauling requirements specified in Env-Wq 805, this chapter 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.

(c) Except for the sludge hauling requirements specified in Env-Wq 805, this chapter 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.

(d) Nothing in this chapter shall be construed to modify or lessen the powers conferred upon local authorities by health and land use enabling statutes.

(e) Nothing in this chapter shall be construed to eliminate the need to comply with the federal regulations as specified in 40 CFR part 503.

(f) Class A biosolids shall be subject to Env-Wq 809 and Env-Wq 810 only.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 801.03 More Stringent Requirements Apply.

(a) Subject to (b) below, any mixture containing materials regulated under this chapter shall be managed in accordance with the most stringent requirements that apply to any single constituent.

(b) Mixtures containing short paper fiber and biosolids that meet class A requirements may be managed as class A material, provided they are not used at reclamation rates.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 801.04 Co-Disposal of Wastes Prohibited. Hazardous waste as defined in RSA 147-A or solid waste as defined in RSA 149-M, except for wood ash certified for use under Env-Sw 1700 and waste derived products certified for use under Env-Sw 1500, shall not be disposed or processed at a site or facility permitted under this chapter.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 802 DEFINITIONS

Env-Wq 802.01 “Abutter” means any person who owns property adjacent to, or across a road, railroad, river, or stream from the property on which a sludge management activity will be conducted.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.02 “Agronomic rate” means the sludge application rate that is designed to:

(a) Provide the amount of nitrogen, phosphorus, or other nutrient(s) needed by the crop or vegetation; and

(b) Minimize the amount of nitrogen that passes below the root zone of the crop or the vegetation to groundwater or the amount of phosphorus that runs off to surface water.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.03 “Ambient groundwater quality standard” means the maximum concentration level for regulated contaminants which result from human operations or activities as established in rules adopted pursuant to RSA 485-C:6, currently Env-Or 603.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.04 “Applicable local river management advisory committee (applicable LAC)” means the local river management advisory committee established pursuant to RSA 483:8-a for the specific designated river or segment for which a management activity or proposed management activity is or would be within the river corridor.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.05 “Applicant” means any person who applies to the department for a permit, waiver, or sludge quality certification.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.06 “Authorized signatory” means:

(a) For a corporation, a president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who is duly authorized to perform similar policy- or decision-making functions;

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; or

(c) For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.07 “Beneficial reuse” as used in RSA 485-A:2, XXII and XXIII means beneficial use.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.06)

Env-Wq 802.08 “Beneficial use” means taking advantage of the nutrient content or soil conditioning properties, or both, of quality-certified sludge, by supplying agronomic or soil conditioning benefits, such as the nitrogen, phosphorus, micronutrients, or organic matter needs for crops, forested land, or reclamation by land applying the sludge in accordance with this chapter so as to not pose a significant risk to public health or the environment.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.07)

Env-Wq 802.09 “Biosolids” means “biosolids” as defined in RSA 485-A:2, XXII, namely “any sludge derived from a sewage wastewater treatment facility that meets the standards for beneficial reuse specified by the department.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.08)

Env-Wq 802.10 “Bulk” means “bulk sewage sludge” as defined in 40 CFR 503.11(e), namely “sewage sludge that is not sold or given away in a bag or other container for application to the land.”

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.11 “Certified crop advisor” means an individual certified by the American Society of Agronomy under the Certified Crop Adviser or Certified Professional Agronomist certification programs.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.09)

Env-Wq 802.12 “Class A biosolids” means biosolids that are class A with respect to pathogens under 40 CFR part 503.32(a) and meet one of the vector attraction reduction requirements of 40 CFR part 503.33(b)(1) through (b)(8).

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.10)

Env-Wq 802.13 “Class B biosolids” means biosolids that are class B with respect to pathogens under 40 CFR part 503.32(b) and meet one of the vector attraction reduction requirements of 40 CFR part 503.33(b)(1) through (b)(11).

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.11)

Env-Wq 802.14 “Clean fill” means type of non-decomposable, water insoluble, inert material, typically soil, rock, gravel, brick, and rebar-free concrete, that is free of organic material and contaminants. Clean fill differs from regular fill dirt, which might contain organic matter and could settle over time. It also differs from contaminated fill, which requires special handling and disposal.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.15 “Closure” means the procedures used to cease the use of a facility, or a portion thereof, in a manner that will minimize future risks of environmental damage, and includes all required post-closure inspection, monitoring, reporting, and maintenance activities.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.12)

Env-Wq 802.16 “CFR” means the code of federal regulations published by the office of the federal register national archives and records administration.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.17 “Department” means the New Hampshire department of environmental services.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.13)

Env-Wq 802.18 “Designated river” means “designated river” as defined in RSA 483:4, VIII, namely “that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.14)

Env-Wq 802.19 “Designated river corridor” means a river corridor associated with a designated river.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.15)

Env-Wq 802.20 “Disposal” means the releasing, depositing, injecting, dumping, mixing at a site or facility, incinerating, or placing of sludge into or onto any land such that the sludge or any constituent thereof could enter the environment, be emitted into the air, or be discharged into any surface water or groundwater. Disposal includes land application.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.16)

Env-Wq 802.21 “Facility” means a location or system for storing sludge for longer than 8 months or for the processing, treatment, or disposal of sludge, other than land application at a permitted site. Sludge facilities include, but are not limited to, lagoons, sludge treatment facilities, sludge monofills, sludge transfer stations, and locations where sludge is treated or mixed with other sludge or other material for shipment off site. The term does not include a location where all sludge being mixed is class A biosolids and the biosolids are mixed only with non-sludge material.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.17)

Env-Wq 802.22 “Flood Plain” means “flood plain” as defined in 44 CFR § 59.1, namely “any land area susceptible to being inundated by water from any source.” This includes areas near rivers, streams, and coastal regions prone to storm surge.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.23 “Floodway” means “regulatory floodway” as defined in 44 CFR § 59.1 namely “the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.”

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.24 “Generator” means the person who holds title to the water or wastewater treatment plant that produced the sludge, or to the facility where sludge is mixed or treated to produce another material derived from sludge, or the entity to which a sludge quality certification has been issued in accordance with this chapter and produces or distributes sludge. The term does not include any person who mixes class A biosolids with soil or other non-sludge material.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.18)

Env-Wq 802.25 “Governing body” means “governing body” as defined in RSA 21:48, namely “the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district, or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners”.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.19)

Env-Wq 802.26 “Hauler” means any person engaged in the removal or transportation of sludge.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.20)

Env-Wq 802.27 “Industrial wastewater” means wastewater generated from a commercial or industrial process.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.22)

Env-Wq 802.28 “Lagoon” means a pit or excavation designed or intended to receive sludge or that contains sludge.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.23)

Env-Wq 802.29 “Land application” means the placement of quality-certified sludge on the ground surface at approved agronomic rates for beneficial use, whether or not the material is incorporated, injected, or spread on top of the surface of the soil.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.24)

Env-Wq 802.30 “Locally-accessible place” means a location to which the public has access in the town or city where the sludge management activity is proposed, such as a town or city hall, public school building, selectman’s office, or public library that is open at least 4 hours a day at least 3 days each week, including either one weekend day or one day when the hours extend to 6 p.m. or later in the evening.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.25)

Env-Wq 802.31 “Management” means supervising, controlling, or undertaking any activity(ies) regulated under Env-Wq 800, including transporting, land applying, stockpiling, treating, disposing, or processing. This includes “manage.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.26)

Env-Wq 802.32 “Mixture of sludge” means a mixture containing sludges from more than one source.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.27)

Env-Wq 802.33 “Modification” means a change to any aspect of the operation or any process at a sludge site or facility in a manner that has the potential to adversely impact human health, groundwater, or the environment. This includes “modify.”

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.34 “Monofill” means a landfill or a landfill cell into which only one type of waste is placed.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.35 “Non-sludge material” means any substance that:

(a) Is not derived from sludge;

(b) Is not regulated as a hazardous waste; and

(c) Is not regulated as a solid waste or, if a material originally regulated as solid waste or derived from such a material, is no longer regulated as solid waste because it:

(1) Has been certified for use as a waste-derived product under Env-Sw 1500; or

(2) Is wood ash that is either certified under or exempt from Env-Sw 1700.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.28)

Env-Wq 802.36 “Official of the municipality” means an elected or appointed individual who, either individually or as a member of a duly-established local board, council, or commission, has oversight or other responsibility for land use activities in the municipality. The term includes the local health officer and members of the board of selectmen or city council, conservation commission, or planning board.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.29)

Env-Wq 802.37 “Operator” means “operator” as defined in RSA 485-A:2, VII-a, namely: “(a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility; (b) The individual normally responsible for the operations shift; or (c) Individuals who perform important operating functions.” For the purposes of this chapter, the definition in RSA 485-A:2, VII-a(c) is intended to include persons who perform important operating related to the sludge management activity(ies) at a sludge site, sludge facility, water treatment plant, or wastewater treatment plant.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.30)

Env-Wq 802.38 “Owner” means the person who holds title to the land on which sludge is managed or is proposed to be managed.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.31)

Env-Wq 802.39 “Permit” means the written document issued by the department that authorizes the holder to manage the site or facility identified in the document or to use the vehicle identified in the document to remove and transport sludge according to the terms of the document.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.32)

Env-Wq 802.40 “Permit holder” means the person to whom a permit has been issued by the department.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.33)

Env-Wq 802.41 “Person” means “person” as defined by RSA 485-A:2, IX, namely “any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.34)

Env-Wq 802.42 “Political subdivision” means any village district, school district, town, city, county, or unincorporated place in the state.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.43 “Poorly drained soil” means a type of soil where water is removed so slowly that the soil is wet at shallow depths periodically during the growing season or remains wet for long periods. The occurrence of internal free water is shallow or very shallow and common or persistent. Free water is commonly at or near the surface long enough during the growing season so that most mesophytic crops cannot be grown, unless the soil is artificially drained. The soil is not continuously wet directly below plow depth. Free water at shallow depth is usually present.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.35)

Env-Wq 802.44 “Processing” means any activity to reduce the quantity of sludge or alter its chemical, biological, or physical state. Processing does not include the alteration of sludge’s chemical, biological, or physical state solely for the purpose of odor control.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.36)

Env-Wq 802.45 “Publicly owned treatment works (POTW)” means a wastewater treatment plant that is owned by a political subdivision.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.37)

Env-Wq 802.46 “Quality-certified sludge (QC sludge)” means sludge or a mixture of sludge that:

(a) Has received sludge quality certification pursuant to Env-Wq 809 or is a mixture of sludge for which each constituent sludge has received sludge quality certification; and

(b) Contains nutrients or organic material, or both, that can be used:

(1) To improve crop land or forested land; or

(2) For reclamation.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.38)

Env-Wq 802.47 “Reclamation” means the addition of organic matter and nutrients to facilitate the establishment of vegetation on soils that have been severely disturbed or that otherwise do not support vegetation sufficient to prevent erosion. The term does not include the land application of QC sludge at a rate of less than 1,500 pounds of nitrogen per acre and having a carbon-to-nitrogen ratio of between 30:1 and 40:1.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.39)

Env-Wq 802.48 “River corridor” means “river corridor” as defined in RSA 483:4, XVIII, namely “the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.40)

Env-Wq 802.49 “Sewage” means “sewage” as defined in RSA 485-A:2, X, namely “the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present”.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 802.50 “Short paper fiber” means “short paper fiber” as defined in RSA 485-A:2, XXIII, namely “any sludge derived from a pulp or paper mill wastewater treatment facility that meets the standards for beneficial reuse specified by the department.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.41)

Env-Wq 802. 51 “Site” means contiguous land areas owned by the same person(s), on which quality-certified sludge is stockpiled for 8 months or less or land applied, even if the land area is divided by a highway, railroad bed, water body, or boundary of a political subdivision.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.42)

Env-Wq 802.52 “Sludge” means “sludge” as defined in RSA 485-A:2, XI-a, namely “the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.” The term includes industrial sludge and sludge mixed with another sludge or another material.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.43)

Env-Wq 802.53 “Sludge derived from human waste” means sludge produced by the treatment of wastewater that contains human fecal material. Sludge is considered to be derived from human waste if any portion of the influent wastewater contains human fecal material.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.44)

Env-Wq 802.54 “Stockpiling” means the temporary storage of sludge.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.45)

Env-Wq 802.55 “Surface water” means “surface waters of the state” as defined in RSA 485-A:2, XIV, namely “perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.” The term includes wetlands, but does not include non-tidal drainage ditches that were designed, built, and used to convey wastewater or stormwater and does not include constructed wetlands, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems provided such facilities were not initially constructed in waters of the state or were not constructed to serve other mitigation purposes.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.46)

Env-Wq 802.56 “Transfer” means, as applicable:

(a) The conveyance of a fee simple interest in real estate; or

(b) A change in the ownership or operational control of a person holding a permit as follows:

(1) For a partnership, a change in the majority of general partners;

(2) For a corporation, the conveyance of all corporate assets or of a majority of voting shares to a new person;

(3) For other organizations, a transfer of the control of the organization to a new person; and

(4) For an individual, transfer of control to another person.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.47)

Env-Wq 802.57 “Vector” means a carrier that is capable of transmitting a pathogen from one organism to another, including but not limited to flies and other insects, rodents, birds, and other vermin.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.48)

Env-Wq 802.58 “Very poorly drained soil” means a type of soil where water is removed from the soil so slowly that free water remains at or very near the ground surface during much of the growing season. The occurrence of internal free water is very shallow and persistent or permanent. Unless the soil is artificially drained, most mesophytic crops cannot be grown. The soil is commonly level or depressed and frequently ponded, but if rainfall is high or nearly continuous, slope gradients can be greater.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.49)

Env-Wq 802.59 “Wastewater treatment plant” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, namely “the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.50)

Env-Wq 802.60 “Water treatment plant” means “water treatment plant” as defined in RSA 485:1-a, XVII, namely “that portion of the public water system which is designed to alter the physical, chemical, biological or radiological quality of the water or to remove any contaminants.”

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 803 NOTIFICATION REQUIREMENTS

Env-Wq 803.01 Locally-Accessible Place.

(a) Copies of an application and related materials shall be made available for review at a locally-accessible place as defined in Env-Wq 802.30.

(b) If a location that meets the requirements of Env-Wq 802.30 cannot be found, the applicant shall:

(1) Make copies available at more than one location that collectively meet those requirements, provided all the locations are identified in the required notice; or

(2) Make a copy available at the town hall and post a copy on the applicant’s website, and include the URL of the website in the required notice.

(c) If the application is available as specified in (a) or (b)(1) above, the applicant may also post the application and related materials online and provide the URL of the website in the required notice.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 803.02 Notification Requirements for Site and Facility Permits.

(a) Upon filing an application with the department for a site or facility permit, the applicant shall provide notice to:

(1) The governing body of the municipality in which the proposed site or facility is located and the governing body of each adjacent municipality in which any abutter is located;

(2) If the site or facility is within a designated river corridor, the chair of the applicable LAC;

(3) All abutters to the proposed site or facility as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section; and

(4) All other persons who own property that is located within 1,000 feet of the area on which the activity will occur as such landowners and their respective mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section.

(b) The notice shall be:

(1) In writing; and

(2) Delivered by any method that provides documentation confirming the notice was received by the intended recipient, provided that for any notice delivered by hand, the applicant shall obtain a signed acknowledgment from the recipient that the notice was received.

(1) A statement that an application for a site or facility permit, as applicable, has been filed with the department and the type of sludge management activity regulated by Env-Wq 800 that is proposed;

(2) Identification of the proposed site or facility, as applicable, including street address and municipality;

(3) The names, mailing addresses, emails, and telephone numbers of:

a. The applicant;

b. Each generator of sludge that will be managed at the site or facility;

c. The operator at the site or facility; and

d. The owner of the property on which the activity is proposed to be conducted, and the lessee if the land is leased;

(4) The estimated annual quantity of sludge, in wet tons, to be received at the site or facility;

(5) The proposed dates of commencement and cessation of the activity;

(6) The identification of the locally accessible place where the application and all supporting information are available for review, as required by Env-Wq 803, and the URL of the website where the application is posted, if applicable; and

(7) A statement that a 30-day public comment period will be advertised by the department on its website after the application is determined to be complete.

(d) If a person to whom notice is required to be given cannot be located, or fails or refuses to sign for the certified mail, or refuses to sign an acknowledgment when the notice is delivered in hand, the person giving the notice shall provide proof to the department that an attempt to deliver the notice was made, which proof shall be submitted to the department with the application in the form of a copy of the U.S. mail receipt or, if delivered by hand, sworn affidavit that describes the efforts made to deliver the notice.

(e) The applicant shall include a copy of the notice with a list of recipients and proof of delivery or affidavit, as applicable, with the application submitted to the department.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 803.03 Subsequent Notifications to LACs.

(a) If the chair of an applicable LAC who has received a notice pursuant to Env-Wq 803.02(a)(2) wishes to receive notices of subsequent steps as provided in this chapter, the chair shall provide an email address to the department’s division of water, wastewater engineering bureau, residuals management section with a request for copies of such notices to be sent to that email address.

(b) Any LAC chair who has provided an email address pursuant to (a) above shall notify the department by email of any change to the email address.

(c) Notices sent by the department to the email address provided by an LAC chair shall be deemed to have been received by the chair.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 803.04 Notification Requirements for Land Application.

(a) A person who will be land applying QC sludge pursuant to a permit issued under Env-Wq 806 shall provide notice in accordance with this section.

(b) At least 14 days, and no more than 90 days, before the intended date of the first land application in each calendar year, the person shall:

(1) Send the notice to the department; and

(2) Cause the notice to be published on the official website of, or other location where public notices are typically posted in the municipality where the land application of QC sludge will occur, and in a newspaper of general circulation in such municipality, if applicable.

(1) A statement that the person intends to land apply QC sludge and the permit number and date of the permit that authorizes the activity;

(2) Identification of the site on which the activity will occur, including street address and municipality;

(3) The name(s), mailing address(es), email(s), and telephone number(s) of:

a. The permit holder;

b. Each generator of the QC sludge that will be land applied at the site or facility;

c. The operator at the site, if other than the permit holder; and

d. The property owner, and the lessee if the land is leased, if other than the permit holder; and

(4) The proposed dates of commencement and cessation of the activity.

(d) The permit holder shall post a copy of the notice at each vehicular and commonly used entrance to the site beginning no later than 3 days prior to application and continuing through at least 3 days after application.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 804 REQUIRED PERMITS AND CERTIFICATIONS; APPLICATION PROCESSING

Env-Wq 804.01 Sludge Hauler Permit Required.

(a) Except as provided in (b) below, no person shall transport sludge derived from human waste over public roads or public waters without first obtaining a sludge hauler permit from the department.

(b) A sludge hauler permit shall not be required for:

(1) The interstate transportation of sludge that is not generated, processed, transferred, stored, used, or disposed of in New Hampshire;

(2) Transporting QC sludge from a stockpile location at a permitted site to fields at the same site where the QC sludge will be land applied; or

(3) Transporting class A biosolids.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 804.02 Site and Facility Permits Required.

(a) Except as provided in (e) below, no person shall manage sludge at any place, unless the place is:

(1) A site or facility with a permit issued in accordance with Env-Wq 800;

(2) A wastewater treatment plant actively receiving and treating wastewater with a permit issued under RSA 485-A:13;

(3) A water treatment plant actively treating and distributing potable water and granted approval to operate pursuant to RSA 485;

(4) A solid waste facility with a permit issued under RSA 149-M; or

(5) An incinerator with a permit issued under RSA 125-C, RSA 125-I, or both.

(b) Except as provided in (e) below, a site permit shall be required for:

(1) Each QC sludge land application site;

(2) Each QC sludge mixing site where the resultant mixture is to be used on-site; and

(3) Each stockpile site where QC sludge will be stockpiled for 8 months or less and where the stockpile location is not at a facility permitted pursuant to (a)(1) through (a)(5), above.

(1) The processing, treatment, or disposal, other than land application, of sludge;

(2) Each QC sludge mixing site where the resultant mixture is to be used off-site;

(3) Each QC sludge stockpile site where any material will be stockpiled for greater than 8 months in any 12-month period;

(4) The construction, operation, and closure of any sludge lagoon or monofill; and

(5) The construction, operation, and closure of any sludge transfer station.

(d) A facility permit shall not be required for the processing of QC sludge for the sole purpose of odor control at a site permitted for land application.

(e) A person who land applies class A biosolids shall be exempt from the requirement to obtain a site permit or a facility permit, but shall comply with Env-Wq 809.07 relative to required post-certification testing and Env-Wq 810 relative to land application and management restrictions.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 804.03 Sludge Quality Certification Required.

(a) Except as provided in (b) and (c) below, no person shall land apply, distribute for land application, sell, or give away any sludge or sludge mixture, in bulk, that is not covered by a sludge quality certification pursuant to Env-Wq 809.

(b) An additional sludge quality certification shall not be required for a sludge mixture produced at a facility where each constituent sludge has a sludge quality certification and any other constituent is a non-sludge material.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 804.04 Permit and Sludge Quality Certification Application Process.

(a) All applications for permit or certification, including applications for modification, renewal, transfer, and waiver or equivalency determination, submitted under this chapter shall be signed by an authorized signatory as defined in Env-Wq 802 who whereby signing shall certify that:

(1) They are an authorized signatory for the application as defined in Env-Wq 802.06;

(2) The information submitted is true, accurate, and complete to the best of their knowledge;

(3) They understand that supplying false information on the application shall be grounds for revocation or suspension of the resulting permit or certification, including associated waivers;

(4) They shall comply with all requirements in Env-Wq 800; and

(5) They shall ensure that, in accordance with Env-Wq 806.07(i) or Env-Wq 807.07(h) as applicable, all persons participating in the sludge management activities proposed under this application are properly trained on the requirements of Env-Wq 800 prior to commencing such activities.

(b) Within 30 days of receipt of an application with the appropriate fee for a permit or certification required by this chapter, or associated modification, renewal, transfer, or waiver, the department shall determine if the application is complete.

(c) Upon determination by the department under (b) above that an application is not complete, the department shall notify the applicant in writing, identifying the deficiencies causing the application to be deemed incomplete, requesting that the applicant provide the information needed to complete the application, and informing the applicant of the deadline and conditions set forth in (d) below.

(d) If the applicant does not respond or provides incomplete information within 60 days of the date of the notice sent pursuant to (c) above or by the deadline otherwise agreed to by the applicant and the department, the department shall deny the application.

(e) Upon determination by the department under (b) above that an application is complete, the department shall:

(1) Provide written notice of completeness to the applicant and the governing body of each municipality that received notice pursuant to Env-Wq 803.02(a)(1);

(2) For proposed sites or facilities within a designated river corridor, provide a copy of the notice of completeness to:

a. The department’s rivers coordinator established pursuant to RSA 483:3 via email; and

b. The chair of the applicable LAC via email if any, and otherwise mailed by U.S. Postal Service first class mail; and

(3) If a modification or renewal exceeds the threshold in Env-Wq 804.09(f), publish notice of a 30-day public comment period that contains the information specified in (f) below on the department’s website.

(f) The notice required by (e)(3) above shall contain the following information:

(1) The name and mailing address of the applicant;

(2) A statement that a complete application has been received, and that the department has opened a public comment period;

(3) The deadline for submission of written comments, which shall be no sooner than 30 days from the date the notice is published;

(4) The locally-accessible place where the application can be reviewed and the URL of the website where the application is posted, if applicable;

(5) The name, address, e-mail address, and telephone number of the person in the department receiving comments and petitions;

(6) The type of activity to be conducted;

(7) The proposed location of the site or facility; and

(8) The name of the property owner.

(g) The department shall transmit a copy of the notice to the chair of the applicable LAC if the chair has submitted an email address in accordance with Env-Wq 803.03.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 804.05 Decision on Application.

(a) If the information submitted with any complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and this chapter, the department shall request that the applicant provide such additional information as the department determines is necessary to make the determination.

(b) Subject to (c) below, within 60 days of receipt of a complete application, the department shall:

(1) Issue the site or facility permit, sludge quality certification, or modification, renewal, transfer, or waiver, or deny the application based on the criteria specified in applicable sections of Env-Wq 800; and

(2) Send written notice of its decision to the applicant and to the governing body of each municipality to which notice was sent pursuant to Env-Wq 803.02(a)(1).

(c) The department shall transmit a copy of the decision to the chair of the applicable LAC if the site or facility is located within a designated river corridor and requested by the LAC in accordance with Env-Wq 803.03.

(d) If site-specific conditions or limitations are necessary to protect public health or safety or the environment, the department shall include such conditions or limitations in the site or facility permit or sludge quality certification that is issued.

(e) If an application submitted pursuant to Env-Wq 800 is denied, the written notification provided pursuant to (b)(2) above shall specify the reason(s) for the denial and provide information that the applicant may appeal the decision to the water council as a permitting decision in accordance with RSA 21-O:14.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.06)

Env-Wq 804.06 Suspension, Revocation, or Refusal to Renew.

(a) In this section, “approval” means any permit, certification, modification, renewal, transfer, or waiver issued pursuant to Env-Wq 800.

(b) If, after issuing an approval, the department receives information indicating that good cause, as set forth in (g) below, exists to suspend or revoke the approval, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings.

(c) After proceeding as specified in (b) above, the department shall revoke the approval if the department determines that the circumstances cannot be corrected to conform to applicable requirements.

(d) After proceeding as specified in (b) above, the department shall suspend the approval, subject to (e) below, if the department determines that, while good cause exists, as set forth in (g) below to revoke, the circumstances can be corrected to conform to applicable requirements.

(e) If an approval is suspended pursuant to (d) above, the department shall not reinstate the approval until:

(1) The circumstances have been corrected to conform with applicable requirements; and

(2) The permit holder submits a written or email request to the department’s wastewater engineering bureau, residuals management section requesting that the approval be reinstated.

(f) If after receiving a request for renewal of an approval the department receives information which indicates that good cause, as set forth in (g) below exists to refuse to renew the approval, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings and refuse to renew the approval until the circumstances have been corrected to conform with applicable requirements.

(g) Good cause to suspend, revoke, or refuse to renew an approval shall include the following:

(1) The person to whom the approval was issued has not complied with the conditions of the approval or this chapter;

(2) The plans submitted with the application on which the approval was based do not accurately portray the actual site, facility, or management activities and the approval would not have been issued if accurate plans had been submitted;

(3) Any other information submitted in support of the application is not true and complete or is misleading and the approval would not have been issued if the information submitted had been true, complete, and not misleading;

(4) The person to whom the approval was issued has failed to comply with an order of the department relative to sludge management or any other statute administered by the department, including an order to undertake corrective measures;

(5) The person to whom the approval was issued has failed to pay any administrative, civil, or criminal penalties owed to the department; or

(6) The person to whom the approval was issued has not resolved any violation(s) or order(s) issued under any statute or rule administered by the department and the person to whom the violation(s) or order(s) was issued was notified in writing by or on behalf of the department.

(h) The department shall notify the person to whom the approval was issued in writing of its decision. If the approval is suspended, revoked, or refused renewal, the notice shall identify the ground(s) for the decision and include information on how to appeal the decision.

(i) For any decision relating to a site or facility permit or a waiver related thereto, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.07)

Env-Wq 804.07 Transfer of Permit or Certification.

(a) The department shall issue a sludge hauler permit to the applicant for the vehicle(s) identified in the application. The permit holder shall not sell, assign, or otherwise transfer the permit to any other person without first obtaining approval from the department in accordance with (d) below.

(b) The department shall issue a site or facility permit, and any associated waivers, to the applicant for the property and sludge management activities identified in the application. The permit holder shall not sell, assign, or otherwise transfer the permit or to any other person without first obtaining approval from the department in accordance with (d) below.

(c) The department shall issue a sludge quality certificate, and any associated waivers, to the applicant for the property and sludge management activities identified in the application. The certificate holder shall not sell, assign, or otherwise transfer the certificate or associated waivers to any other person without first obtaining approval from the department in accordance with (d) below.

(d) A permit or certificate holder wishing to transfer a permit or certification, and any associated waivers, shall prepare and submit to the department:

(1) A complete application, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a) as follows:

a. For sludge site and facility permits, a form entitled “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, and information required by Env-Wq 806.03(c)(2) or Env-Wq 807.03(c)(2), if applicable; or

b. For sludge quality certifications, a form entitled “Application for Modification, Renewal, or Transfer of Existing Sludge Quality Certification”, NHDES-W-09-053, 5-15-2026, and information required by Env-Wq 809.04(d)(2), if applicable;

(2) If requested by the department, a copy of the original permit, certification, or waiver application, with any appendices or attachments; and

(3) If requested by the department, a copy of the current permit, certification, or waiver.

(e) In addition to the existing permit or certificate holder, the new permit or certificate holder shall certify that:

(1) They are an authorized signatory for the application as defined in Env-Wq 802;

(2) The information submitted is true, accurate, and complete to the best of their knowledge;

(3) They understand that supplying false information on the application shall be grounds for revocation or suspension of the resulting permit or certification, including associated waivers;

(4) They shall comply with all requirements in Env-Wq 800; and

(5) They shall ensure that all persons participating in the sludge management activities proposed under this application are properly trained in the requirements of Env-Wq 800 prior to commencing such activities.

(f) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in (g) below.

(g) The department shall approve the requested transfer if:

(1) The current permit or certificate holder is in compliance with this chapter, the permit or certification, and any waivers or will be in compliance with the rules prior to, or as the result of, the transfer;

(2) Any proposed modifications are in accordance with Env-Wq 804.10; or

(3) Good cause as specified in Env-Wq 804.06(g) to suspend, revoke, or refuse to renew or transfer the permit or certification, and any associated waivers, does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer.

(h) The department shall notify the permit holder in writing of its decision. If the transfer request is denied, the notice shall identify the ground(s) for the denial and include information on how to appeal the decision.

(i) For requests to transfer a site or facility permit, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the site or facility is located within a designated river corridor and requested by the LAC chair in accordance with Env-Wq 803.03.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.08)

Env-Wq 804.08 Transfer of Land Ownership.

(a) If land that has a site or facility permit and any associated waivers is to be transferred to a new owner, the permit holder shall notify the department as soon as practical, but not later than 10 days prior to the transfer.

(b) If the new landowner wishes to continue the activities covered by the permit and any associated waivers, the permit holder and new landowner shall transfer the permit according to Env-Wq 804.07.

(c) If a permit transfer pursuant to Env-Wq 804.07 has not been issued as of the date of land ownership transfer, all activities covered by the permit and any associated waivers shall be suspended as of the date of land ownership transfer and until the permit transfer has been issued by the department.

(d) If the new owner does not wish to transfer the permit or continue any activities covered by the site or facility permit and any associated waivers, the permit holder shall:

(1) Submit a written statement via email or U.S. Postal Service first class mail to the department’s wastewater engineering bureau, residuals management section and to the governing body of the municipality in which the site or facility is located indicating that the activities have been or will be discontinued and the date of cessation and that the permit holder intends to surrender the permit;

(2) Remove any infrastructure specific to the activities that were subject to the permit and any associated waivers; and

(3) Close the site or facility in accordance with Env-Wq 806.13 or Env-Wq 807.09(b)(2).

(e) If an application for transfer is not received, the department shall commence suspension or revocation pursuant to Env-Wq 804.06.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.09)

Env-Wq 804.09 Modification or Renewal of Permits and Certifications.

(a) The department shall modify the conditions of a permit or certification without request by the permit or sludge quality certification (SQC) holder in order to achieve compliance with this chapter.

(b) In the event of any such modification the department shall:

(1) Provide written notice to the permit or SQC holder stating the proposed modifications and the reason(s) for the modification(s);

(2) Provide the permit or SQC holder 30 days from the date of the written notice to comment in writing on the proposed permit modification(s);

(3) After considering the permit or SQC holder’s written comments submitted via email or U.S. Postal Service first class mail, if any, issue a revised permit or certification with a timetable for bringing the sludge management activities into compliance with the revised conditions of the permit or certification; and

(4) Notify the permit or SQC holder that they may request an adjudicative hearing in accordance with Env-C 200 if aggrieved by the department’s decision.

(c) The permit or SQC holder shall apply to the department as specified Env-Wq 806, Env-Wq 807, or Env-Wq 809 to modify or renew an existing site permit, facility permit, or SQC, respectively.

(d) Subject to (f) below, the department shall approve the modification or renewal if it determines that:

(1) All applicable requirements of this chapter have been met;

(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification or renewal;

(3) The applicant has applied for all other state permits that are necessary for the proposed modification or renewal;

(4) Management of the sludge at the site or facility in accordance with the proposed modification or renewal will not violate any statutes or rules administered by the department;

(5) The permit holder has resolved any notice(s) of non-compliance or violation, or enforcement order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures; and

(6) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department.

(e) The department shall approve or deny an application to modify or renew a permit or certification within 60 days of receipt of a complete application.

(f) For site and facility permits, if the proposed permit modification or renewal increases the total quantity of sludge being managed at the site or facility by more than 20% from the quantity specified in the current permit, or otherwise modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.05.

(g) The department shall notify the permit or certificate holder, in writing, of its decision on the request for modification or renewal. For modifications made pursuant to (a) above, the notice shall include the ground(s) for the modification and information on how to appeal the decision.

(h) For site and facility permits, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.

(i) If the holder of any permit or certification chooses not to renew the existing permit or certification, or any associated waivers, the holder shall:

(1) Notify the department in writing via email or U.S. Postal Service first class mail of the intent not to renew;

(2) Discontinue the activities covered by the permit or certification and any associated waivers not later than the expiration date of the existing permit or certification; and

(3) Properly close the site or facility in accordance with Env-Wq 806.13 or Env-Wq 807.09(b)(2), as applicable.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.10)

PART Env-Wq 805 SLUDGE HAULER PERMIT REQUIREMENTS

Env-Wq 805.01 Sludge Hauler Permit Applications.

(a) Any applicant for a permit to remove or transport sludge derived from human waste that is not class A biosolids over public roads or public waters of New Hampshire shall complete and submit form “Application for Sludge Hauler Permit”, NHDES-W-09-054, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) The applicant shall complete form NHDES-W-09-037, "Septage Disposal Certification", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each site or facility at which septage will be disposed, and upload a copy of the completed form with the application. Each signatory shall certify that “the hauler named above is authorized to beneficially use or dispose of septage at the facility or site listed above.”

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.02 Expiration of Sludge Hauler Permits. Any sludge hauler permit issued pursuant to this part shall be valid for up to 2 years according to the following schedule:

(a) Permits issued in an even numbered year will expire on January 31 of the next even numbered year following the date of issuance; and

(b) Permits issued in an odd numbered year will expire on January 31 of the next odd numbered year following the date of issuance.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.03 Renewal of a Sludge Hauler Permit.

(a) Any person to whom a sludge hauler permit has been issued who wishes to renew the permit shall submit the information required in Env-Wq 805.01 and the permit fee specified in Env-Wq 805.04 to the department prior to the expiration of the existing permit.

(b) If the renewal application is submitted prior to the expiration of the permit, the permit holder may continue to operate under the terms of the permit as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(c) If the renewal application is not submitted prior to the expiration of the permit, the permit holder shall discontinue operating under the terms of the permit and apply for a new permit.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.04 Sludge Hauler Permit Fees.

(a) The applicant for issuance or renewal of a sludge hauler permit shall submit a fee in the amount of $100 for each vehicle used to carry sludge with the application.

(b) Fees, if applicable, shall be paid online by electronic check or credit card.

(c) The fee shall not be prorated or refunded if the permit term established pursuant to Env-Wq 805.02 is less than 2 full years.

(d) Any vehicle owned by the state of New Hampshire or a New Hampshire political subdivision that transports its own sludge shall be exempt from the fee specified above.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.05 Criteria for Review.

(a) Within 30 days of receipt of the information required in Env-Wq 805.01, the department shall issue a written decision on the application to the applicant.

(b) The department shall issue an initial sludge hauler permit or renew an existing sludge hauler permit for the vehicle(s) specified in the application if it determines that the following criteria have been met:

(1) All applicable requirements of Env-Wq 800 have been met;

(2) The applicant submits a signed statement stating that all vehicles and containers proposed to transport sludge comply with all federal and state requirements applicable to sludge transportation and will be maintained so as to continue to comply with such requirements;

(3) The applicant has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures; and

(4) The applicant has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department.

(c) If the department denies the application, the decision issued pursuant to (a) above shall specify the reason(s) for the denial.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.06 Identification of Vehicle(s).

(a) The permit holder shall ensure that a copy of the sludge hauler permit is in the vehicle at all times.

(b) Each sludge hauler shall display the name, business address, and telephone number of the hauler or transporting company on both sides of the vehicle or tank used to transport sludge, unless exempt pursuant to (d), below.

(1) In a color that contrasts sharply in color with the background on which the letters are placed; and

(2) Legible during daylight hours from a distance of 50 feet, equivalent to 15.24 meters, while the vehicle is stationary.

(d) Vehicles that are owned and operated by the state of New Hampshire or a New Hampshire political subdivision and that bear the state or political subdivision’s official seal on each side of the vehicle shall not need additional identification.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.07 Maintenance of Containers and Vehicles. A hauler who has been issued a permit pursuant to Env-Wq 805 shall maintain each container and vehicle used to transport sludge as follows:

(a) Each container and vehicle shall be maintained:

(1) So as not to create unreasonable malodors or public health hazards; and

(2) In compliance with all federal and state requirements applicable to sludge transportation;

(b) Each container transporting sludge from which liquid might be released during transport shall be watertight;

(c) The lettering required by Env-Wq 805.06(b) shall be maintained so as to retain the legibility required by Env-Wq 805.06(c); and

(d) For containers transporting liquid sludge:

(1) All piping, valves, and rigid or flexible connections shall be accessible and capable of being cleaned;

(2) All inlet and outlet connections shall be constructed and maintained such that no material will leak, spill, or run out of the container during transfer or transportation; and

(3) All discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.08 Transportation of Sludge.

(a) Sludge transported in an open-top vehicle or roll-off-style container shall meet the following minimum requirements:

(1) Sludge that is derived from human waste and that is not class A shall meet class B requirements at a minimum prior to being transported to a land application or stockpile site;

(2) No person shall transport sludge that is not QC sludge to a site permitted under Env-Wq 806;

(3) Open-top vehicles and roll-off-style containers used for transporting sludge shall be covered during transport to minimize odors; and

(4) Open-top vehicles and roll-off-style containers transporting sludge shall not remain for longer than 24 hours at a place without a site or facility permit, unless that place is exempt from such permit pursuant to Env-Wq 804.02(a).

(b) Sludge transported in a tank shall meet the following minimum requirements:

(1) Each tank and hose shall be maintained so as not to create a public nuisance or a public health hazard;

(2) Each tank shall be watertight;

(3) All piping, valves, and connections shall be accessible and capable of being cleaned;

(4) All inlet and outlet connections and hose supports shall be constructed and maintained such that no material will leak, spill, or run out of the tank or hoses during transfer or transportation; and

(5) Discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

(c) All vehicles transporting sludge shall be inspected by the driver prior to transport on public roads or public waters to ensure that the contents will not spill, leak, or otherwise escape the container or tank during transfer or transportation.

(d) All vehicles and containers used to transport sludge shall conform to all applicable federal and state requirements for sludge transportation.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.09 Change of Vehicle. Whenever a permit holder obtains an additional vehicle or replaces a permitted vehicle used for transporting sludge the permit holder shall:

(a) Notify the department’s wastewater engineering bureau, residuals management section in writing via email or U.S. Postal Service first class mail prior to placing the vehicle in service to transport sludge;

(b) Supply the identification number and license plate number for the vehicle(s); and

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.10 Recordkeeping.

(a) Each sludge hauler permit holder shall legibly record the following information for each load of sludge:

(1) The date the sludge is transported from the generator’s site or facility;

(2) The generator’s name, street address, municipality, and daytime telephone number;

(3) The quantity of sludge, in gallons or wet tons, as applicable;

(4) The type of sludge, such as class B biosolids or sludge that has not received sludge quality certification;

(5) The name, mailing address, and telephone number of the hauler permit holder and of the driver of the motorized vehicle if other than the permit holder;

(6) The name, mailing address, and telephone number of each permitted site, facility, solid waste facility, or wastewater treatment plant to which the sludge or class B biosolids is delivered; and

(7) The date the sludge was delivered to the permitted site or facility.

(b) The information required by (a) above shall be maintained in the vehicle used to transport the sludge while the material is being transported.

(1) Retain the records for a minimum of 5 years after expiration of the hauler permit to which the records relate; and

(2) Make all records available for review by the department upon request during normal business hours.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.11 Reporting.

(a) Each sludge hauler shall provide the information required by Env-Wq 805.10(a) monthly to the operator of the site, facility, solid waste facility, or wastewater treatment plant to which the sludge is delivered by no later than the 15th of the month following the month of delivery.

(b) No later than the last business day in January of each year, all permitted haulers shall file an annual report for the prior calendar year with the department that contains the origin, total volume, and disposal location for all sludge originating in or disposed of in New Hampshire.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 805.12 Accidental Release.

(a) In the event of an accidental release of sludge, the permit holder shall:

(1) Immediately take action to contain the spill, minimize the environmental impact, and begin cleanup procedures; and

(2) Subject to (c) below, notify the department and the local health officer within 24 hours of the release as specified in (b) below.

(b) The permit holder shall provide the following information to the department:

(1) The date, time, street address, and municipality of the spill;

(2) The quantity of sludge spilled and the quantity of sludge recovered, in wet tons or gallons as applicable, and the final disposition of the recovered sludge;

(3) The quantity, in wet tons or gallons as applicable, and final disposition of any sludge that was not recovered;

(4) The hauler’s permit number and the name and daytime telephone number of the driver involved in the incident;

(5) The name and daytime telephone number of the generator;

(6) The approximate distance to any surface waters and storm drains within 100 feet of the spill;

(7) The actions taken to control the extent of the spill, clean and disinfect if applicable the area of the spill, and minimize the environmental impact;

(8) Future actions necessary to clean up the spill, if applicable; and

(9) Contact information for the local health officer to whom the report of the incident was given.

(1) For sludge that contains greater than 10 percent solids, the discharge is less than 25 gallons or 5 cubic feet;

(2) The discharge is immediately and completely contained;

(3) The discharge is completely removed within 24 hours; and

(4) There is no impact to groundwater or surface water.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 806 SITE PERMIT REQUIREMENTS

Env-Wq 806.01 Site Permit Applications.

(a) Unless exempted under Env-Wq 804.02(e), any person proposing to undertake QC sludge management activities at a site shall apply for a site permit.

(b) The applicant shall complete and submit an “Application for Sludge Land Application (Site) Permit”, NHDES-W-09-043, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(1) If the applicant is not the sole generator of sludge at the site, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

(2) Site plans prepared in accordance with Env-Wq 806.06;

(3) A copy of the management plan developed in accordance with Env-Wq 806.07;

(4) If reclamation is proposed, a copy of the groundwater monitoring plan developed in accordance with Env-Wq 808.02;

(5) A copy of the National Resource Conservation Service (NRCS) county soils map, or a portion thereof, with the area(s) of proposed activity clearly delineated, including a description of each soil type found on the site;

(6) A description of the soil profile characteristics of each soil test pit or auger boring as required by Env-Wq 806.10(c);

(7) The results of the soil analyses in accordance with Env-Wq 806.10;

(8) If the site is a reclamation site or a forest application site, a site-specific soil map or survey prepared in accordance with the “Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern New England Special Publication” No. 3, Version 7.0, dated July 2021 available as noted in Appendix B;

(9) If the site is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed site being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed site;

(10) If the site is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed site;

(11) If endangered or threatened species or habitats are located in the area of the site, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed site; and

(12) If the applicant is not the property owner, a certification signed by the property owner stating that the property owner is aware and granted permission for a site permit application to be filed, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities.

(d) The applicant shall make a copy of the complete application and all supporting information available as required by Env-Wq 803.

(e) The application shall be accompanied by any fees specified in Env-Wq 806.04.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.02 Expiration of Site Permits. A site permit and any associated waivers issued by the department shall expire 5 years from the date on which the permit became effective. This expiration date shall not be affected by any modifications, transfers, or waivers subsequently issued by the department for the permit.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.03 Modification and Renewal of Site Permits.

(a) Any person to whom a site permit has been issued who wishes to modify or renew the permit shall apply for a permit modification or renewal under Env-Wq 804.09, submit a completed application pursuant to Env-Wq 806.03(c) below and pay any permit fees required by Env-Wq 806.04.

(b) If the renewal application is submitted at least 90 days prior to the expiration of the permit, the permit holder may continue to operate under the terms of the permit as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(1) A complete “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a); and

(2) The applicant shall submit the following with the application:

a. If the site is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed site being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed site;

b. If the site is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water and groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed site;

c. If endangered or threatened species or habitats are located in the area of the site, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed site;

d. If the applicant is not the sole generator of sludge at the site, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

e. If applicable based on the proposed modifications:

1. Revised drawings of the site with the proposed changes highlighted;

2. A revised management plan with the proposed changes highlighted; and

3. A proposed schedule for implementing all proposed modifications;

f. A list of new abutters which shall include any abutters not previously notified as part of the initial application;

g. If the applicant is not the property owner:

1. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit modification to be filed for the property, understands the proposed modifications, and has granted permission for the applicant enter upon the land for the purposes of site investigation and operation of any permitted activities; or

2. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit renewal or transfer to be filed for the property, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities;

h. If requested by the department, a copy of the original permit application and those for any associated waivers, including all appendices or attachments; and

i. If requested by the department, a copy of the existing permit application and those for any associated waivers;

(d) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 806.05.

(e) If the proposed permit modification increases the total quantity of sludge being managed at the site or facility by more than 20% from the quantity specified in the current permit, or otherwise substantially modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.05.

(f) A site permit modification issued by the department shall expire on the same date as the permit for which the modification was submitted. A site permit renewal issued by the department shall expire 5 years from the expiration date of the previous permit, regardless of the effective date of the renewal, which shall be the same month and day as the initial permit.

(g) If the renewal application is not submitted prior to the expiration date of the permit, the permit shall expire, and the permit holder shall immediately discontinue operations under the terms of the permit. Prior to resuming operation, an application for a new permit shall be submitted in accordance with Env-Wq 806.01 and a new permit issued by the department.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.04 Permit Fees.

(a) Subject to (e) below, the applicant shall submit a fee in the amount of $300 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with greater than 10 acres.

(b) Subject to (e) below, the applicant shall submit a fee in the amount of $150 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with greater than 5 but less than or equal to 10 acres.

(c) Subject to (e) below, the applicant shall submit a fee in the amount of $100 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with 5 or fewer acres.

(d) Fees, if applicable, shall be paid online by electronic check or credit card.

(e) Sites where only QC sludge from New Hampshire political subdivisions is land applied shall be exempt from the fees specified in (a) through (c) above.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.05 Criteria for Review. The department shall issue a site permit if it determines that:

(a) All applicable requirements of Env-Wq 800 have been met;

(b) If the applicant is other than the property owner, the owner has given written permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the site in the event the department issues the permit;

(c) The applicant has applied for all other state permits that are necessary for the operation of the site, and all permits shall be issued to the applicant prior to the first land application activity;

(d) Management of QC sludge at the site in accordance with the application will not violate any statutes or rules implemented by the department;

(e) The applicant has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures;

(f) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department;

(g) The applicant has submitted all test results and reports required for a site permit pursuant to Env-Wq 806.01; and

(h) The proposed use of QC sludge will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection areas, or any river or segment designated under RSA 483.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.06 Site Plans. Site plans required under Env-Wq 806.01(c)(2) shall be based upon a municipal tax map, a surveyed plan, aerial photograph map, or other scaled drawing that:

(a) Identifies the proposed site location and all elements required by (b), below, at a scale appropriate to delineate the information clearly; and

(b) Shows the following:

(1) The total land area, in acres, of the site to be used for land application and stockpiling, if applicable;

(2) The total land area and proposed area of land application for each field, in acres, identified by unique field designation(s) and corresponding crop(s) proposed to be grown;

(3) Access roads, access control measures, and buffer distances;

(4) Proposed stockpile location(s);

(5) Any easements that exist on the property;

(6) Proposed measures to control surface water runoff to or from the site and stockpile locations and comply with Env-Wq 806.09, if applicable;

(7) All instances of the following on the proposed site and within 500 feet of the site:

a. Roads;

b. Property lines;

c. Dwellings and structures;

d. Water supply wells;

e. All surface waters, by name and location and, if applicable, designated river classification and protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program; and

f. The name, tax map and lot numbers of all abutters and all property owners;

(8) All soil test pit and auger boring locations and the information required by Env-Wq 806.10(c);

(9) If applicable, the location of the floodway and 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency;

(10) The graphic and numerical scale of the plan;

(11) An arrow indicating which direction on the plan is north;

(12) The approximate location of all poorly and very poorly drained soils on the site; and

(13) If reclamation is proposed, the items required in the groundwater monitoring plan specified in Env-Wq 808.02(b).

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.07 Management Plan. Each site management plan required under Env-Wq 806.01(c)(3) shall include the following:

(a) The normal hours of operation of the site;

(b) The method of sludge application, if land applying;

(d) The name of the generator(s) and the corresponding sludge quality certification number(s) for any QC sludge that will be received at the site;

(e) An estimate of the maximum amount of nitrogen, or phosphorus if phosphorus is the limiting nutrient, that will be applied on an annual basis to meet the nutrient requirements of the site;

(f) A description of all QC sludge mixing activities that are proposed for the site;

(g) A detailed odor control plan explaining:

(1) The procedures that will be used to address and resolve any odor complaints;

(2) The name, mailing address, email, and daytime telephone number of each individual who will be responsible for responding to odor complaints; and

(3) Site management techniques that will be employed, and any chemicals or materials that might be used to minimize odors;

(h) A nutrient management plan, for the final QC sludge or QC sludge mixture to be land applied for each field, specific for each crop or vegetation type, containing the following information:

(1) The crops or vegetation to be grown;

(2) A copy of the farm or site nutrient management recommendations for a minimum of nitrogen, phosphorus, and potassium, and a phosphorus site index evaluation, developed in accordance with guidelines of UNH cooperative extension, U.S. Department of Agriculture (USDA), New Hampshire department of agriculture, Natural Resources Conservation Service (NRCS), or certified crop advisor;

(3) The agronomic rate calculations for land application of QC sludge on agricultural lands based on the limiting nutrient in the sludge for nitrogen and phosphorus, performed in accordance with the “Manual of Best Management Practices for Land Application of Biosolids”, dated December 2017, published by the UNH cooperative extension, available as noted in Appendix B;

(4) The agronomic rate calculations for land application of QC sludge on forested land or for reclamation, performed in consultation with UNH cooperative extension, USDA, New Hampshire department of agriculture, NRCS, or certified crop advisor;

(5) The proposed disposition of crops grown and expected annual yield of each crop;

(6) The proposed type and amount of all other soil amendments and nutrient sources to be used on the site, including animal manure;

(7) For each field, the proposed annual nitrogen loading, or phosphorus if the limiting nutrient, in pounds per acre and, except for sites where only QC sludge that is also certified as low metals is applied, an estimate of the annual metals loading; and

(8) Except for sites where only biosolids that are also certified as low metals are applied, the total cumulative metals’ loading to date;

(i) A description and, if applicable, a copy of a written agreement of how all operators of the site were or shall be trained on the requirements of Env-Wq 800 prior to working at the site; and

(j) Any other best management practice(s) that will be implemented at the site to ensure compliance with Env-Wq 800.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.08 Land Application Standards.

(a) QC sludge shall only be land applied on the fields and in the areas delineated on the approved site plan prepared pursuant to Env-Wq 806.06. The area of land application shall not exceed that indicated in the site permit.

(b) 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).

(c) No QC sludge shall be applied on frozen or snow-covered ground or when the ground is saturated due to precipitation or flooding.

(d) 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.

(e) 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.

(f) 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.

(g) QC sludge that is to be land applied shall be processed to minimize visible or identifiable plastics or other non-biodegradable solids.

(h) No QC sludge shall be applied on very poorly drained soils.

(i) No QC sludge shall be applied or stockpiled within a floodway. If the floodway has not been mapped by the Federal Emergency Management Agency (FEMA), the permit holder shall apply the definition of regulatory floodway in 44 C.F.R. 59.1 to estimate the floodway boundary.

(j) 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.

(k) 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.

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

(1) Contain the emergency name and telephone number of the operator and the name and address of the owner or lessee of the property;

(2) State “NO TRESPASSING sludge land application site”;

(3) Are printed in block letters no less than 2 inches in height; and

(4) Are posted not more than 100 yards apart on all sides and at all gates, bars, and commonly-used entrances.

(m) 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) For arsenic, 10 kilograms per hectare or 9 pounds per acre;

(2) For cadmium, 5 kilograms per hectare or 4.5 pounds per acre;

(3) For chromium, 300 kilograms per hectare or 268 pounds per acre;

(4) For copper, 300 kilograms per hectare or 268 pounds per acre;

(5) For lead, 200 kilograms per hectare or 178.6 pounds per acre;

(6) For mercury, 5.6 kilograms per hectare or 5.0 pounds per acre;

(7) For molybdenum, 18 kilograms per hectare or 16 pounds per acre;

(8) For nickel, 100 kilograms per hectare or 89.3 pounds per acre;

(9) For selenium, 100 kilograms per hectare or 89 pounds per acre; and

(10) For zinc, 500 kilograms per hectare or 446.5 pounds per acre.

(n) 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.

(o) 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.

(p) Subject to the notes in (q) 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	50
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

(q) The following shall apply to Table 806-1:

(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) The letter “b” shall indicate those community public water supply wells that withdraw greater than 57,600 gallons over a 24-hour period;

(3) The letter “c” shall indicate that the distance to property lines may be reduced through written agreement with affected party(ies);

(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) The letter “e” shall indicate that this shall be the depth to estimated seasonal high water table;

(6) The letter “f” shall indicate that the distance to the nearest occupied dwelling shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the occupant’s prior written consent;

(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) 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) The letter “i” shall indicate that the depth is to the estimated seasonal high water table.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.09 Sludge Stockpiling at Permitted Sites.

(a) Any person stockpiling biosolids or QC sludge containing biosolids for longer than 7 days shall cover the stockpile with an odor control material, such as lime, wood ash that has been approved for such use pursuant to Env-Sw 1700, or cement kiln dust, to minimize odors.

(b) Stockpiles of QC sludge shall be maintained to minimize surface water run-on and run-off.

(c) Stockpiling of QC sludge shall not be permitted for greater than 48 hours within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(d) Stockpiling of QC sludge shall not be permitted on any poorly or very poorly drained soils.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.10 Soil Testing Requirements and Review Criteria.

(a) One soil test pit or auger boring shall be taken, to a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) One soil test pit or auger boring shall be taken, to a depth of at least 4 feet, for each area proposed for stockpiling.

(c) An analysis of the soil test pits or auger borings required by (a) and (b) above shall be performed that includes a description of the soil profile characteristics, depth to seasonal high water table, depth to restrictive feature, and depth to bedrock.

(d) Soil samples from each field proposed to be used for the land application of QC sludge shall be collected and analyzed in accordance with (f) below within 9 months prior to submittal of the initial permit application.

(e) Soil samples from each field upon which QC sludge has been applied shall be collected at the end of the permit term or prior to the first land application of sludge under a permit renewed in accordance with Env-Wq 804.09(c).

(f) The soil samples collected pursuant to (d) or (e) above shall be analyzed by a laboratory for the following constituents, reported in milligrams per kilogram (mg/kg), using the applicable “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition”, published by the Environmental Protection Agency, Final Updates VII, published July 2021, available as noted in Appendix B:

(1) Total arsenic;

(2) Total cadmium;

(3) Total chromium;

(4) Total copper;

(5) Total lead;

(6) Total mercury;

(7) Total molybdenum;

(8) Total nickel;

(9) Total selenium; and

(10) Total zinc.

(g) Soil samples from each field used for land application shall be collected for the following:

(1) Soil acidity, measured as pH;

(2) Mehlich buffer lime requirement;

(3) Calcium;

(4) Magnesium;

(5) Potassium;

(6) Phosphorus; and

(7) Organic matter.

(h) Soil samples from each field used for land application shall be collected on a yearly basis after the prior crop has been harvested but no more than 9 months prior to the anticipated initial application for that year, so as to be representative of the soils on which the land application will occur.

(i) Samples collected pursuant to (h) above shall be analyzed through the UNH cooperative extension soil testing program, or by a laboratory using an equivalent method that produces similar results to those produced by the UNH cooperative extension soil testing program.

(j) Land application of sludge shall not be allowed if the soil metals tested under (e) above exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For arsenic, 32 mg/kg;

(2) For cadmium, 32 mg/kg;

(3) For chromium, 1000 mg/kg;

(4) For copper, 1500 mg/kg;

(5) For lead, 400 mg/kg;

(6) For mercury, 10 mg/kg;

(7) For molybdenum, 11 mg/kg;

(8) For nickel, 580 mg/kg;

(9) For selenium, 260 mg/kg; and

(10) For zinc, 1000 mg/kg.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.11 Recordkeeping.

(a) Every site permit holder shall maintain records of each load of QC sludge received at the site, including identification of:

(1) The date received;

(2) The name and hauler permit number, if applicable, of the hauler delivering the load;

(3) The generator and quantity of each load of QC sludge received, in wet tons, and percent solids;

(4) The sludge quality certification number(s); and

(5) The date land applied and the amount spread on each field.

(b) Except for sites where only QC sludge that is also certified as low metals is applied, every site permit holder shall maintain records of the annual and cumulative metal loadings for the site on a field–by-field basis, based on the following:

(1) To determine annual metals loadings, the permit holder shall use the highest concentration of each metal observed on a dry weight basis, based on testing performed by the generator(s) during the previous 12 months; and

(2) The permit holder shall determine cumulative load by summing annual loadings as calculated above.

(c) The permit holder shall retain and make available to the department for review during business hours all site plans, management plans, and records. If the department believes that violations of RSA 485-A or this chapter relative to sludge management have occurred, the department shall require the permit holder to submit copies of all records.

(d) The permit holder shall retain all site plans, management plans, and records for a minimum of 5 years after the expiration of the permit(s) to which they relate.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.12 Reporting.

(a) At least 14 days prior to commencement of each yearly land application activity, the permit holder shall submit the following information to the department for each site:

(1) The site name, permit number, and address;

(2) The name of the permit holder;

(3) The sludge quality certification number of each QC sludge to be land applied;

(4) A copy of the published notice required by Env-Wq 803.04; and

(5) An updated nutrient management plan prepared in accordance with Env-Wq 806.07(h).

(b) Each site permit holder shall submit an annual report for each site to the department by the last business day of January for each calendar year in which the permit is valid, regardless of whether or not the site received or processed QC sludge during the previous calendar year.

(1) The site name and address;

(2) The permit number;

(3) The owner’s name and contact information;

(4) The crops grown for each field and the crop disposition;

(5) The name and sludge quality certification number, if applicable, of each generator;

(6) The quantity of QC sludge in wet and dry tons, applied to each field, from each generator;

(7) The total quantity of QC sludge, in wet and dry tons, applied to the entire site, from each generator;

(8) Except for sites where only QC sludge that is also certified as low metals is applied, the annual metals loading and cumulative metals loading to date for each field, calculated in accordance with Env-Wq 806.11(b);

(9) For short paper fiber (SPF) application sites:

a. The application rate in dry tons per acre; and

b. If the application rate exceeds 35 dry tons per acre, results of an analysis of the organic content of the SPF applied and application rate calculations to show that the organic content has not increased by more than 2%; and

(10) For reclamation sites, the groundwater monitoring report as required by Env-Wq 808.04(c).

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 806.13 Site Permit Closeout.

(a) If a permit holder no longer intends to land apply or stockpile sludge on a permitted site, the permit holder shall provide written notice via email or U.S. Postal Service first class mail to the department and the municipality in which the site is located.

(b) The notice shall include the following:

(1) The site identification, including street address, municipality, and permit number;

(2) Contact information for the permit holder, operator, and property owner, as applicable, including name, mailing address, email address, and phone number;

(3) A statement indicating permit holder’s intent to surrender or not renew the existing site permit, and the date that all stockpiling and land application will cease at the site; and

(4) Results of soil sampling required by Env-Wq 806.10(f) and (g) to be taken after all stockpiling and land application has ceased and that year’s crop has been harvested.

(1) If the results of soil sampling indicate compliance with this chapter, terminate the existing site permit and provide written notice of such to the permit holder, property owner, and municipality in which the site is located; or

(2) If the results of soil sampling indicate non-compliance with this chapter, provide written notice of such to the permit holder and implement a corrective action plan as applicable based on the non-compliance issue(s).

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 807 FACILITY PERMIT REQUIREMENTS

Env-Wq 807.01 Facility Permit Application.

(a) The person proposing to undertake sludge management activities at a facility shall apply for a facility permit.

(b) The applicant shall complete and submit an “Application for Sludge Facility Permit”, NHDES-W-09-042, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(1) If the applicant is not the sole generator of sludge at the facility, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

(2) Provide facility plans and specifications for construction in accordance with Env-Wq 807.06. If applicable, these plans shall be stamped by a professional engineer registered in the state of New Hampshire;

(3) A copy of the management plan developed in accordance with Env-Wq 807.07;

(4) A copy of the groundwater monitoring plan developed in accordance with Env-Wq 808.02;

(5) The results of soils testing required by Env-Wq 807.10;

(6) If the facility is, or includes, a sludge monofill, verification of financial assurance in accordance with Env-Sw 1400;

(7) A copy of the facility closure plan developed in accordance with Env-Wq 807.09(a). If applicable, the closure plan shall be stamped by a professional engineer registered in the state of New Hampshire;

(8) If the facility is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed facility being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed facility;

(9) If the facility is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed facility;

(10) If endangered or threatened species or habitats are located in the area of the facility, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed facility; and

(11) If the applicant is not the property owner, a certification signed by the property owner stating that the property owner is aware and granted permission for a facility permit application to be filed, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities;

(d) The applicant shall make a copy of the complete application and all supporting information available as required by Env-Wq 803.

(e) The application shall be accompanied by any fees specified in Env-Wq 807.04.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.02 Expiration of a Facility Permit. A facility permit issued by the department shall expire 5 years from the date on which the permit became effective. This expiration date shall not be affected by any modifications, transfers, or waivers subsequently issued by the department for the permit.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.03 Modification and Renewal of a Facility Permit.

(a) Any person to whom a facility permit has been issued who wishes to modify or renew the permit shall apply for a permit modification or renewal under Env-Wq 804.09, submit a completed application pursuant to (c) below and pay any permit fees required by Env-Wq 807.04.

(b) If the renewal application is submitted at least 90 days prior to the expiration date of the permit, the permit holder may continue to operate under the terms of the permit even if a decision on the renewal application has not been made prior to the expiration date.

(1) The applicant shall complete and submit an “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a);

(2) The applicant shall submit the following with the application:

a. If the facility is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed facility being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed facility;

b. If the facility is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed facility;

c. If endangered or threatened species or habitats are located in the area of the facility, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed facility;

d. If the applicant is not the sole generator of sludge at the facility, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

e. If applicable based on the proposed modifications:

1. Revised drawings of the site or facility with the proposed changes highlighted. If applicable, include revised specifications with proposed changes highlighted, and ensure drawings and specifications are stamped by a professional engineer registered in the state of New Hampshire;

2. A revised management plan with the proposed changes highlighted;

3. If the application is for a sludge facility, provide a revised groundwater monitoring plan with the proposed changes highlighted;

4. A revised closure plan with the changes highlighted. If applicable, the closure plan shall be stamped by a New Hampshire professional engineer; and

5. A proposed schedule for implementing all proposed modifications;

f. A list of new abutters, which shall include abutters not previously notified as part of the initial application;

g. If the applicant is not the property owner:

h. If requested by the department, a copy of the original permit application and those for any associated waivers, including all appendices or attachments; and

i. If requested by the department, a copy of the existing permit and any associated waivers; and

(3) Payment for application fees, if applicable.

(e) If the proposed permit modification increases the total quantity of sludge being managed at the facility by more than 20% from the quantity specified in the current permit, or otherwise substantially modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04.

(f) A facility permit modification issued by the department shall expire on the same date as the permit for which the modification was submitted. A facility permit renewal issued by the department shall expire 5 years from the expiration date of the previous permit regardless of the effective date of the renewal which shall be the same month and day as the initial permit.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.04 Permit Fees.

(a) Subject to (b) below, the applicant shall submit a fee in the amount of $1,000 with each application for issuance or renewal of a facility permit.

(b) Any New Hampshire political subdivision that applies for a facility permit or has its sludge managed at a permitted facility shall be exempt from the fee specified in (a) above.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.05 Criteria for Review. The department shall issue or renew a facility permit if it determines that the following criteria have been met:

(a) All applicable requirements of this chapter have been met;

(b) All state permits which are necessary for the construction and operation of the facility have been applied for;

(c) The management of sludge at the facility, in accordance with the application, will not violate any statutes or rules implemented by the department;

(d) The permit holder has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures;

(e) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department; and

(f) The sludge management activities that will be conducted at the facility will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection area, or any river or segment designated under RSA 483.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.06 Facility Plans. A facility plan required under Env-Wq 807.01(c)(2) shall include the following at a scale appropriate to show all information contained on the plan clearly:

(a) A locus map that identifies the proposed facility location and details the proposed route of access to and onto the facility;

(b) The boundary lines and total available land area, in acres, and the specific acres to be used for facility operations, including proposed stockpile locations;

(d) Identification of the following within 1000 feet of the proposed facility:

(1) Roads;

(2) Land use;

(3) The approximate location of all dwellings, structures, and water supply wells;

(4) Property lines with tax map and lot numbers for each abutting property, as well as property owner names and mailing addresses for each abutter;

(5) If applicable, the location of the floodway and 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency; and

(6) The name and location of all surface waters, including their designated river classification and protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program, if applicable;

(e) Identification of proposed measures to control surface runoff to or from the facility and stockpile locations and comply with Env-Wq 807.07 and Env-Wq 807.08, if applicable;

(f) All soil test pit and auger boring locations and the information required by Env-Wq 807.10(c);

(g) Identification of all easements or rights-of-way located on the property proposed for the facility;

(h) The graphical and numerical scale of the plan;

(i) An arrow indicating which direction on the plan is north;

(j) The location of all poorly and very poorly drained soils; and

(k) If applicable, the location of the elements of the groundwater monitoring plan required by Env-Wq 808.02(b).

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.07 Management Plans. A management plan required under Env-Wq 807.01(c)(3) shall include the following:

(a) The normal hours of operation of the facility;

(b) Storage or stockpiling provisions, if applicable;

(c) The quantity of sludge, in wet and dry tons, expected to be received annually and how the quantity will be measured upon receipt;

(d) The maximum quantity of sludge, in wet and dry tons, the facility is designed to manage annually;

(e) Additional on-site measures to be taken to control vectors;

(f) A detailed odor control plan explaining:

(1) The procedures that will be used to address and resolve any odor complaints;

(2) Additional management techniques employed to minimize odors; and

(3) The name, mailing address, email, and telephone number of each individual who will be responsible for responding to odor complaints;

(g) A copy of the facility contingency plan describing course(s) of action to be followed in case of emergency or other special conditions, including but not limited to equipment breakdowns, fires or explosions, vector infestations, and other incidents having a reasonable probability of occurrence based on the facility location and operations that could threaten human health or safety or the environment;

(h) A description and, if applicable, a copy of a written agreement of how all operators of the facility were or shall be trained on the requirements of Env-Wq 800 prior to working at the facility;

(i) A plan to prevent pollution of underlying soils and groundwater from stockpiles;

(j) A plan to prevent pollution from stormwater runoff from the facility to include at a minimum:

(1) Site description;

(2) Summary of potential pollutant sources;

(3) Description of stormwater control measures, if any;

(4) Description of stormwater best management practices; and

(5) Procedures, schedules, and documentation for control measures and best management practices; and

(k) Any other best management practice(s) that will be implemented at the facility to ensure compliance with Env-Wq 800.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.08 Facility Standards.

(a) As applicable, new facilities for the treatment or processing of sludge, such as sludge treatment facilities and sludge lagoons, shall be designed and constructed in accordance with TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, dated 2026, available as noted in Appendix B.

(b) Sludge composting facilities and sludge monofills shall be designed, constructed, operated, and closed in accordance with the applicable requirements of Env-Sw 600 and Env-Sw 800, respectively.

(1) Be operated in such a manner to minimize the impact on abutters and the surrounding community;

(2) Be posted with signs that:

a. Contain the name and telephone number of the operator and the name and address of the owner or lessee of the property;

b. State “NO TRESPASSING Sludge Management Area”;

c. Are printed with block letters no less than 2 inches in height; and

d. Are no more than 100 yards apart on all sides and located at gates, bars, and commonly used entrances;

(3) Restrict access by a locked gate or cable;

(4) Be operated such that odors from the facility are minimized;

(5) Be maintained in a clean and orderly fashion to minimize attraction of vectors; and

(6) Be closed in accordance with Env-Wq 807.09.

(d) In addition to the requirements in (c) above, each lagoon shall be:

(1) Fenced around the perimeter to control access;

(2) Maintained to provide a minimum of 2 feet of freeboard at all times; and

(3) Bermed on all sides no higher than 6 inches from the surface of the lagoon to divert surface drainage away from the lagoon.

(e) No person shall site or operate a facility within the buffer distances specified in Table 807-1:

Table 807-1: Buffer Distances for Processing, Stockpiling, or Storage Facilities

Receptor	Buffer Distance (feet)
Nearest Well	1,000^a
Surface Water	250
Surface Drinking Water Source	1,000^a
Nearest Occupied Dwelling	500^b
Property Line	500^b
Groundwater Depth	4^c
Bedrock	4

(f) The following shall apply to Table 807-1:

(1) The letter “a” shall indicate that the distance to the nearest well or surface drinking water source shall be as far as practical, but in no case closer than 1,000 feet;

(2) The letter “b” shall indicate that the distance to the nearest occupied dwelling or property line shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the occupant’s prior written consent; and

(3) The letter “c” shall indicate that the distance is to the seasonal high water table.

(g) A sludge facility shall not be located within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(h) Stockpiles of sludge shall:

(1) Not be permitted in the floodway and for greater than 48 hours on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency;

(2) Not be permitted on any poorly or very poorly drained soils; and

(3) Be maintained to minimize water run-on and run-off.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.09 Closure Plans.

(a) The closure plan required by Env-Wq 807.01(c)(7) shall include the following:

(1) The facility identification, including name, street address, municipality, and permit number, if applicable;

(2) A description of the procedures for removing all material from the facility, if applicable, and the intended final disposition of the materials;

(3) A description of any proposed site work that will be performed to regrade or revegetate the area, or both;

(4) The schedule of closure activities and anticipated closure completion date; and

(5) A description of how notification will be given to all users of the facility of the termination of operation of the facility.

(b) At least 90 days prior to the planned cessation of facility operations, the permit holder shall:

(1) Provide written notice via email or U.S. Postal Service first class mail of the intent to close the facility to the department and the municipality in which the facility is located, including the following information:

a. The facility identification, including facility name, street address, municipality, and permit number;

b. The date the facility intends to stop receiving sludge and the date the facility intends to stop processing the material(s); and

c. The date the facility intends to begin closure activities and estimated closure competition date; and

(2) Submit to the department an updated or new closure plan, as applicable, to include the following:

a. The facility identification, including name, street address, municipality, and permit number, if applicable;

b. The name, mailing address, email, and telephone number of the permit holder, and if different than the permit holder, the property owner and the operator;

c. The analysis from a chemical quality site characterization of the facility including analysis of sludge, soils, and water that are a part of the closure or have been deemed impacted by facility operations;

d. If applicable, a description of the proposed procedures for removing all material from the facility, including any dewatering of solids, a drawing detailing the proposed work area(s), and identification of the intended final disposition of the materials;

e. A description of any proposed site work that will be performed to regrade the site such that precipitation and runoff are no longer impounded on the site, revegetate the area, or both, including methods to ensure any fill imported to the site meets the definition of clean fill pursuant to Env-Wq 802;

f. The schedule of closure activities and anticipated closure completion date;

g. A description of all post-closure monitoring and maintenance needed to ensure compliance with applicable requirements, including groundwater quality standards, and who will be responsible for performing the monitoring and maintenance;

h. A copy of the notification that will be given to all users of the facility of the termination of operation of the facility;

i. Text, maps, or drawings of the site use restrictions that will be imposed on the property deed as a condition of closure;

j. If applicable, a sampling analysis plan for characterization of lagoon base soil to be

conducted prior to the placing of any fill; and

k. A description of any environmental or health impacts on surrounding water bodies, wetlands, abutting properties, endangered species, or soil on site from the operations of the facility or proposed closure.

(c) The permit holder shall notify the department and the municipality in which the facility is located in writing via email or U.S. Postal Service first class mail when closure is complete.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.10 Soil Testing Requirements and Review Criteria.

(a) One soil test pit or auger boring shall be taken, at a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) One soil test pit or auger boring shall be taken, to a depth of at least 6 feet, for each area proposed for storage.

(c) An analysis of the soil test pits or auger borings required by (a) and (b) above shall be performed and shall include a description of the soil profile characteristics, depth to the seasonal high water table, and bedrock.

(d) Soil samples from any area used for the land application of sludge shall be collected and analyzed in accordance with (e) below within 6 months prior to submitting the initial permit application.

(e) The soil samples collected pursuant to (d) above shall be analyzed using the applicable, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition”, published by the Environmental Protection Agency, Final Updates VII, published July 2021, available as noted in Appendix B for the following constituents:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS), 40 compound list under “Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS,” published by the Environmental Protection Agency, dated December 2024, available as noted in Appendix B, and within section H of Table 809-2, measured as ng/g.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.11 Recordkeeping.

(a) The permit holder shall maintain records of each load of sludge received at the facility, including identification of:

(1) The date received;

(2) The name and permit number of the hauler delivering the load;

(3) The quantity of each load of sludge received from the generator, in wet tons and percent solids; and

(4) The name of the generator and sludge quality certification number, if applicable.

(b) The permit holder shall maintain records of the quantity of all material distributed, in wet and dry tons, including:

(1) For class B sludge, the hauler, and location and disposition of material distributed; and

(2) For class A sludge, the information required by Env-Wq 809.09(a)(7).

(c) The permit holder shall maintain records of the groundwater monitoring plan and associated data required by Env-Wq 808.04(c).

(d) The permit holder shall maintain all facility plans, management plans, closure plans, and records and make such plans and records available to the department for review during business hours. If the department believes that violations of RSA 485-A or Env-Wq 800 have occurred, the department shall require the permit holder to submit copies of all records.

(e) The permit holder shall retain all facility plans, management plans, closure plans, and records for a minimum of 5 years after closure of the facility.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 807.12 Reporting.

(a) The permit holder shall verbally report all complaints to the department as soon as practical but not later than one business day from receipt of the complaint and provide a written submission preferably via email, or if none, via U.S. Postal Service first class mail within 48 hours of the complaint. Each verbal and written report shall contain a description of the complaint, including the exact date and time of the complaint, the name and contact information for the complainant and person who received the complaint, if different from the permit holder, and steps taken or planned to reduce or eliminate and prevent reoccurrence of the concern.

(b) The permit holder shall submit an annual report for each facility to the department by the last business day of January for each calendar year in which the permit is valid, regardless of whether or not the facility received or processed sludge during the previous calendar year.

(1) The name and address of the facility;

(2) The facility’s permit number;

(3) The name of the permit holder;

(4) The total quantity of sludge, in wet and dry tons, received at the facility from each generator and the sludge quality certification number, if applicable;

(5) The quantity of all material distributed by the facility, in wet and dry tons, broken down by the class of material; and

(6) The groundwater monitoring report required by Env-Wq 808.04(c).

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 808 GROUNDWATER PROTECTION REQUIREMENTS

Env-Wq 808.01 Applicability. Groundwater shall be monitored at the following:

(a) Any facility permitted pursuant to Env-Wq 807;

(b) Reclamation sites; and

(c) Any other location where sludge management activities are conducted, such as uncovered stockpiles or compost piles containing leachable constituents, that might result in groundwater contamination if not properly managed.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 808.02 Groundwater Monitoring Plan Requirements.

(a) The applicant shall submit a groundwater monitoring plan that identifies:

(1) The constituents to be monitored;

(2) The location and identification of all sampling points;

(3) The sampling frequency;

(4) The sampling methodologies;

(5) The analytical methodologies; and

(6) The procedures that will be used to establish background concentrations of all constituents required to be monitored. “Background concentrations” means concentrations detected in areas unaffected by the site or facility permitted or to be permitted.

(b) In addition to (a) above, the applicant shall include the following on the site or facility plan prepared in accordance with Env-Wq 806.06 or Env-Wq 807.06, respectively:

(1) The location, elevation, and datum of a bench mark, if a survey is conducted to establish topography;

(2) Ground surface spot elevations and contours to show topography, using information from the most recent USGS map or more accurate information, if available;

(3) The identification and location of existing and proposed groundwater monitoring wells, showing at least one hydraulically up-gradient and 2 hydraulically down-gradient wells;

(4) The identification and location of any surface water sampling points;

(5) Groundwater contours that accurately show groundwater flow direction;

(6) A description of the method used to develop groundwater contours, including the identification and location of any piezometers;

(7) A table of water level measurements and elevations found in any piezometers and monitoring wells used to develop the groundwater contours;

(8) Well construction details of any existing monitoring wells, top of well casing elevations, and measured depth to water table from top of casing;

(9) Well construction details of any proposed monitoring wells; and

(10) Delineation of the groundwater discharge zone established pursuant to Env-Wq 402.23.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 808.03 Groundwater Monitoring Wells.

(a) Unless the department approves alternative methods pursuant to Env-Wq 811 that are equivalent to (1) and (2) below, monitoring wells shall be designed, installed, and decommissioned in accordance with the practices described in Env-Wq 402.22.

(b) Monitoring wells shall be:

(1) Purged prior to sampling; and

(2) Allowed to equilibrate a minimum of 2 weeks prior to sampling for compliance purposes.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 808.05)

Env-Wq 808.04 Water Quality Sampling, Analysis, and Reporting.

(a) All analyses shall be performed by a laboratory accredited under Env-C 300 or certified by the United States Environmental Protection Agency (US EPA) or another government agency using National Environmental Laboratory Accreditation Committee standards.

(b) Sampling shall be performed in accordance with Env-Wq 402.21(c).

(c) The results of all required sampling and analysis shall be submitted to the department no later than 45 days after the sampling date, and a tabulated summary included with the annual report required pursuant to Env-Wq 806.12(c) or Env-Wq 807.12(c), as applicable.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 808.05 Corrective Action Plan.

(a) Except as provided in Env-Wq 402.25 for 1,4-dioxane, perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorononanoic acid, and perfluorohexane sulfonic acid, no discharge shall cause the groundwater quality criteria set forth in Env-Wq 402.04 to be violated at any point beyond the boundary of a groundwater discharge zone.

(b) If the concentration of any constituent required by the department to be monitored under the groundwater monitoring plan exceeds the background value, in accordance with (c) below at any down-gradient monitoring well, the permit holder shall:

(1) Notify the department within 10 days;

(2) Commence monthly monitoring for each constituent for which background has been exceeded at each well where background has been exceeded; and

(3) Continue monthly monitoring until the results demonstrate that background has not been exceeded for 6 consecutive months.

(1) The concentration of a monitored constituent exceeds the background concentration, as established pursuant to Env-Wq 808.02(a)(6), by more than the analytical detection limit for that constituent;

(2) The concentration of a monitored constituent previously undetected using the procedures established pursuant to Env-Wq 808.02(a)(6) exceeds the analytical detection limit by a factor of 1.5; or

(3) For nitrate, the concentration exceeds 5 mg/L above the background nitrate concentration or 9 mg/L, whichever is less.

(d) If the concentration of a constituent detected by the additional monitoring exceeds the background concentration for 2 consecutive months but is below the ambient groundwater quality standard, the permit holder shall:

(1) Notify the department within 10 days;

(2) For a reclamation site, cease operation immediately;

(3) Continue monthly monitoring; and

(4) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances.

(e) The department shall approve the corrective action plan if it determines that implementation of the proposed plan is reasonably expected to:

(1) Achieve compliance with background and ambient groundwater quality standards;

(2) Mitigate any future discharges of the constituent(s) that was causing the exceedances of background values or ambient groundwater quality standards in the groundwater; and

(3) Protect human health and the environment.

(f) The permit holder shall initiate implementation of the approved corrective action plan within 30 days of department approval in accordance with an approved implementation schedule.

(g) If the concentration of any monitored constituent detected in any down-gradient monitoring well exceeds the ambient groundwater quality standard, the permit holder shall:

(1) Cease operation immediately;

(2) Notify the department’s residuals management section within 48 hours;

(3) Resample each monitoring well where ambient groundwater quality standards have been exceeded;

(4) Commence monthly monitoring of all monitoring wells; and

(5) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances for review as specified in (d) above.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 808.03)

PART Env-Wq 809 SLUDGE QUALITY CERTIFICATION REQUIREMENTS

Env-Wq 809.01 Sludge Quality Certification Application.

(a) To apply for a sludge quality certification, the generator shall complete and submit an “Application for Sludge Quality Certification”, NHDES-W-09-045, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) The applicant shall submit the following with the application:

(1) A detailed description of the generating facility and sludge treatment process;

(2) A description of the process used to achieve class A or class B pathogen reduction requirements and vector attraction reduction requirements, including the applicable 40 CFR Part 503 citation;

(3) If any portion of the sludge is generated outside of NH:

a. A URL to the chemical standards for land application from the state of origin or a copy of these standards; and

b. A written certification signed by an authorized signatory for the applicant that the "sludge meets the chemical standards for land application in the state of origin (RSA 485-A:5-d)”; and

(4) A chronological summary of analytical data from the previous 3 years, if available, for each detected chemical, presented in tabular form and by category, and provide the results of testing required by Env-Wq 809.05, including laboratory reports, presented categorically as previously mentioned and summarized in tabular form.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.02 Sludge Quality Certification Fees.

(a) Subject to (c) below, the applicant for sludge quality certification shall submit a fee in the amount of $1,000 with the application.

(b) Fees, if applicable, shall be paid online by electronic check or credit card.

(c) Political subdivisions whose facilities are permitted by the department under RSA 485-A:13 shall be exempt from the fee specified in (a) above.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.03 Criteria for Review. The department shall issue a sludge quality certification to the generating facility if it determines that the information submitted demonstrates that the sludge:

(a) Is not a hazardous waste as defined in RSA 147-A:2, VII;

(b) If derived from human waste, consistently meets the pathogen and vector attraction requirements specified in the application;

(1) For total arsenic, 32 mg/kg;

(2) For total cadmium, 14 mg/kg;

(3) For total chromium, 1,000 mg/kg;

(4) For total copper, 1,500 mg/kg;

(5) For total lead, 300 mg/kg;

(6) For total mercury, 10 mg/kg;

(7) For total molybdenum, 35 mg/kg;

(8) For total nickel, 200 mg/kg;

(9) For total selenium, 28 mg/kg;

(10) For total zinc, 2,500 mg/kg;

(11) For polychlorinated biphenyls (PCB), 1.0 mg/kg; and

(12) For dibenzodioxins and dibenzofurans, 27 ng/kg TEQ for all congeners determined by EPA method 1613 using the 1989 toxic equivalency factors;

(d) Is of sufficiently consistent quality such that for the constituents in (c) above, the mean concentration for data submitted under Env-Wq 809.01(a) plus one standard deviation from the mean does not exceed the concentration specified in (c) above;

(e) Is not a threat to public health, safety, or the environment from other chemical contaminants when assessed according to risk methodologies described in the United States Environmental Protection Agency’s (US EPA’s) Soil Screening Guidance, EPA/540/R-96/018 dated April 1996, the American Society for Testing and Materials E-1739-95, Guide for Risk-Based Corrective Action Applied to Petroleum Release Sites dated November, 1995, or equivalent approved pursuant to Env-Wq 811;

(f) If not generated in New Hampshire, meets the chemical standards of the state of origin for the equivalent category of sludge;

(g) If class B biosolids or mixtures of sludge containing class B biosolids that are to be certified for reclamation use, the material contains enteric virus concentrations of less than one plaque-forming unit per 4 grams of solid on a dry weight basis; and

(h) If the sludge is to be certified as low metals, does not exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For total arsenic, 10 mg/kg;

(2) For total cadmium, 10 mg/kg;

(3) For total chromium, 160 mg/kg;

(4) For total copper, 1,000 mg/kg;

(5) For total lead, 270 mg/kg;

(6) For total mercury, 7 mg/kg;

(7) For total molybdenum, 18 mg/kg;

(8) For total nickel, 98 mg/kg;

(9) For total selenium, 18 mg/kg; and

(10) For total zinc, 1,780 mg/kg.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.04 Expiration, Modification, and Renewal of Sludge Quality Certification (SQC).

(a) A SQC shall expire 5 years from the effective date of the initial certification.

(b) Any SQC holder who wishes to modify or renew the certification shall apply for a permit modification or renewal under Env-Wq 804.09(c), submit a completed application pursuant to (d) below, and pay any fees required in Env-Wq 809.02.

(c) If the renewal application is submitted at least 90 days prior to the expiration date of the existing SQC, the certificate holder may continue to operate under the terms of the existing SQC as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(d) To apply for renewal or modification of an SQC, the generator shall prior to expiration of the current SQC:

(1) Complete and submit “Application for Modification, Renewal, or Transfer of Existing Sludge Quality Certification”, NHDES-W-09-053, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a);

(2) Submit the following with the application:

a. A tabular summary of analytical data for all required testing listed in Env-Wq 809.07 for the most recent certification term;

b. If any portion of the sludge is generated outside of NH:

i. A URL to the chemical standards for land application from the state of origin or a copy of these standards; and

ii. A written certification signed by an authorized signatory for the applicant that the "sludge meets the chemical standards for land application in the state of origin (RSA 485-A:5-d)”;

c. A description of the process used to achieve class A or class B pathogen reduction requirements and vector attraction reduction requirements, including the applicable 40 CFR Part 503 citation;

d. An updated description of the facility, process, treatment, or other sludge management activities; and

(3) Pay application fees, if applicable.

(e) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 809.03.

(f) An SQC modification issued by the department shall expire on the same date as the SQC for which the modification was submitted. An SQC renewal issued by the department shall expire 5 years from the expiration date of the previous SQC, regardless of the effective date of the renewal, which shall be the same month and day as the initial SQC.

(g) If the renewal application is not submitted prior to the expiration date of the SQC, the SQC shall expire, and the SQC holder shall immediately discontinue operations under the terms of the SQC. Prior to resuming operation, an application for a new SQC shall be submitted in accordance with Env-Wq 809.01 and a new certification issued by the department.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.05 Testing Required for Initial Certification.

(a) Subject to (b) below, with an application for a sludge quality certification the applicant shall submit the results of the analyses of the number of representative samples of sludge from the generating facility determined pursuant to (b) or (c) below, as applicable, taken at least 30 days apart within the 12 months prior to the date of application and analyzed for the constituents in Env-Wq 809.06.

(b) The number of representative samples shall be based on the total annual sludge production, as follows:

(1) For total annual sludge production of less than 1,600 dry tons, 2 representative samples; and

(2) For total annual sludge production of 1,600 dry tons or more, 4 representative samples.

(c) For batch processes or specified quantities of sludge proposed for land application, the applicant may collect representative composite sample(s) from each batch or specified quantity on a one-time basis. The number of composite samples shall be based on an estimate of the quantity of sludge proposed for sludge quality certification as shown in table 809-1, below:

Table 809-1: Number of Required Samples for Batch Processes

Estimated Quantity of Sludge (dry tons)	Number of Samples Required
less than 320	one composite sample
320 to 1600	2 composite samples
more than 1600	4 composite samples

(d) All samples shall be collected in accordance with “The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans” published by the New England Interstate Water Pollution Control Commission, dated September 2006, available as noted in Appendix B, or equivalent approved pursuant to Env-Wq 811.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.06 Testing: Constituents Required for All QC Sludge.

(a) Subject to (b) and (c) below, sludge samples collected pursuant to Env-Wq 809.05 or Env-Wq 809.07 shall be analyzed for the constituents listed in Table 809-2, below, in accordance with the methods specified.

(b) Testing for enteric viruses and helminth ova as specified in Table 809-2, section G shall be required only for generators of class A biosolids when using 40 CFR 503.32 class A–alternative 3 or class A–alternative 4 methods for pathogen reduction.

(c) Testing for fecal coliforms as specified in Table 809-2, section G shall be required. Salmonella sp. testing may be substituted for fecal coliform testing only for class A biosolid generators.

(d) The constituents required to be analyzed shall be as follows:

Table 809-2: Compounds, Chemical Abstract Service Registration Number (CAS), Analytical Methods, and Detection Limits

#	Compound	CAS	Analytical Method	DetectionLimit (mg/kg)
Section A. Volatile Organic Compounds
1	Dichlorodifluoromethane	75-71-8	SW846 - 8000 series	2.0
2	Chloromethane	74-87-3	SW846 - 8000 series	2.0
3	Vinyl chloride	75-01-4	SW846 - 8000 series	2.0
4	Bromomethane	74-83-9	SW846 - 8000 series	2.0
5	Chloroethane	75-00-3	SW846 - 8000 series	2.0
6	Trichlorofluoromethane	75-69-4	SW846 - 8000 series	2.0
7	Diethyl ether	60-29-7	SW846 - 8000 series	2.0
8	Acetone	67-64-1	SW846 - 8000 series	10.0
9	1,1-Dichloroethene	75-35-4	SW846 - 8000 series	2.0
10	Methylene chloride	75-09-2	SW846 - 8000 series	0.1
11	Carbon disulfide	75-15-0	SW846 - 8000 series	2.0
12	Methyl-tert-butylether (MTBE)	1634-04-4	SW846 - 8000 series	2.0
13	trans-1,2-Dichloroethene	156-60-5	SW846 - 8000 series	2.0
14	1,1-Dichloroethane	75-34-3	SW846 - 8000 series	2.0
15	2-Butanone (MEK)	78-93-3	SW846 - 8000 series	10.0
16	2,2-Dichloropropane	590-20-7	SW846 - 8000 series	2.0
17	cis-1,2-Dichloroethene	156-59-2	SW846 - 8000 series	2.0
18	Chloroform	67-66-3	SW846 - 8000 series	2.0
19	Bromochloromethane	74-97-5	SW846 - 8000 series	2.0
20	Tetrahydrofuran (THF)	109-99-9	SW846 - 8000 series	10.0
21	1,1,1-Trichloroethane	71-55-6	SW846 - 8000 series	2.0
22	1,1-Dichloropropene	563-58-6	SW846 - 8000 series	2.0
23	Carbon tetrachloride	56-23-5	SW846 - 8000 series	2.0
24	1,2-Dichloroethane	107-06-2	SW846 - 8000 series	2.0
25	Benzene	71-43-2	SW846 - 8000 series	2.0
26	Trichloroethene	79-01-6	SW846 - 8000 series	2.0
27	1,2 Dichloropropane	78-87-5	SW846 - 8000 series	2.0
28	Dichlorobromomethane	75-27-4	SW846 - 8000 series	2.0
29	Dibromomethane	74-95-3	SW846 - 8000 series	2.0
30	4-Methyl-2-pentanone (MIBK)	108-10-1	SW846 - 8000 series	10.0
31	Cis-1,3-Dichloropropene	10061-01-5	SW846 - 8000 series	2.0
32	Toluene	108-88-3	SW846 - 8000 series	2.0
33	trans-1,3-Dichloropropene	10061-02-6	SW846 - 8000 series	2.0
34	1,1,2-Trichloroethane	79-00-5	SW846 - 8000 series	2.0
35	2-Hexanone	591-78-6	SW846 - 8000 series	10.0
36	1,3-Dichloropropane	142-28-9	SW846 - 8000 series	10.0
37	Tetrachloroethene	127-18-4	SW846 - 8000 series	2.0
38	Dibromochloromethane	128-48-1	SW846 - 8000 series	2.0
39	1,2-Dibromoethane	106-93-4	SW846 - 8000 series	2.0
40	Chlorobenzene	108-90-7	SW846 - 8000 series	2.0
41	1,1,1,2-Tetrachloroethane	630-20-6	SW846 - 8000 series	2.0
42	Ethylbenzene	100-41-4	SW846 - 8000 series	2.0
43	m&p-Xylene	108-38-3 106-42-3	SW846 - 8000 series	2.0
44	o-Xylene	95-47-6	SW846 - 8000 series	2.0
45	Styrene	100-42-5	SW846 - 8000 series	2.0
46	Bromoform	75-25-2	SW846 - 8000 series	0.1
47	Isopropylbenzene	98-82-8	SW846 - 8000 series	2.0
48	1,1,2,2-Tetrachloroethane	79-34-5	SW846 - 8000 series	2.0
49	1,2,3-Trichloropropane	96-18-4	SW846 - 8000 series	2.0
50	n-Propylbenzene	98-06-6	SW846 - 8000 series	2.0
51	Bromobenzene	108-86-1	SW846 - 8000 series	2.0
52	1,3,5-Trimethylbenzene	108-67-8	SW846 - 8000 series	2.0
53	2-Chlorotoluene	95-49-8	SW846 - 8000 series	2.0
54	4-Chlorotoluene	106-43-4	SW846 - 8000 series	2.0
55	tert-Butylbenzene	104-51-8	SW846 - 8000 series	2.0
56	1,2,4-Trimethylbenzene	95-63-6	SW846 - 8000 series	2.0
57	sec-Butylbenzene	135-98-8	SW846 - 8000 series	2.0
58	p-Isopropyltoluene	99-87-6	SW846 - 8000 series	2.0
59	1,3-Dichlorobenzene	541-73-1	SW846 - 8000 series	2.0
60	1,4-Dichlorobenzene	106-46-7	SW846 - 8000 series	2.0
61	n-Butylbenzene	104-51-8	SW846 - 8000 series	2.0
62	1,2-Dichlorobenzene	95-50-1	SW846 - 8000 series	2.0
63	1,2-Dibromo-3-chloropropane	96-12-8	SW846 - 8000 series	2.0
64	1,2,4-Trichlorobenzene	120-82-1	SW846 - 8000 series	2.0
65	Hexachlorobutadiene	87-68-3	SW846 - 8000 series	2.0
66	Naphthalene	91-20-3	SW846 - 8000 series	2.0
67	1,2,3-Trichlorobenzene	87-61-6	SW846 - 8000 series	2.0
Section B. Semi-volatile Compounds
68	1,2-Diphenylhydrazine (as Azobenzene)	122-66-7	SW846 - 8000 series	2.5
69	2,4,5-Trichlorophenol	95-95-4	SW846 - 8000 series	2.5
70	2,4,6-Trichlorophenol	88-06-2	SW846 - 8000 series	2.5
71	2,4-Dichlorophenol	120-83-2	SW846 - 8000 series	2.5
72	2,4-Dimethylphenol	105-67-9	SW846 - 8000 series	2.5
73	2,4-Dinitrophenol	51-28-5	SW846 - 8000 series	25.0
74	2,4-Dinitrotoluene	121-14-2	SW846 - 8000 series	2.5
75	2,6-Dinitrotoluene	606-20-2	SW846 - 8000 series	2.5
76	2-Chloronaphthalene	91-59-7	SW846 - 8000 series	2.5
77	2-Chlorophenol	95-97-8	SW846 - 8000 series	2.5
78	2-Methylnaphthalene	91-57-6	SW846 - 8000 series	2.5
79	2-Methylphenol (o-Cresol)	95-48-7	SW846 - 8000 series	5.0
80	2-Nitroaniline	88-74-4	SW846 - 8000 series	5.0
81	2-Nitrophenol	88-75-5	SW846 - 8000 series	5.0
82	’,3'-Dichlorobenzidine	91-94-1	SW846 - 8000 series	10.0
83	3-Nitroaniline	99-09-2	SW846 - 8000 series	5.0
84	3&4-Methylphenol (m&p-Cresol)	106-44-5	SW846 - 8000 series	5.0
85	4,6-Dinitro-2-methylphenol	534-52-1	SW846 - 8000 series	20.0
86	4-Bromophenyl phenylether	85-68-7	SW846 - 8000 series	10
87	4-Chloro-3-methylphenol	59-50-7	SW846 - 8000 series	10
88	4-Chloroaniline	106-47-8	SW846 - 8000 series	2.5
89	4-Chlorophenyl phenylether	7005-72-3	SW846 - 8000 series	10
90	4-Nitroaniline	100-01-6	SW846 - 8000 series	5.0
91	4-Nitrophenol	100-02-7	SW846 - 8000 series	12
92	Acenaphthene	83-32-9	SW846 - 8000 series	5.0
93	Acenaphthylene	208-96-8	SW846 - 8000 series	5.0
94	Anthracene	120-12-7	SW846 - 8000 series	5.0
95	Benzidine	92-87-5	SW846 - 8000 series	2.5
96	Benzo (a) anthracene	56-55-3	SW846 - 8000 series	2.5
97	Benzo (a) pyrene	50-32-8	SW846 - 8000 series	2.5
98	Benzo (b) fluoranthene	205-99-2	SW846 - 8000 series	2.5
99	Benzo (g,h,i) perylene	191-24-2	SW846 - 8000 series	2.5
100	Benzo (k) fluoranthene	207-08-9	SW846 - 8000 series	2.5
101	Bis (2-chloroethoxy) methane	111-91-1	SW846 - 8000 series	5.0
102	Bis (2-chloroethyl) ether	111-44-4	SW846 - 8000 series	2.5
103	Bis (2-chloroisopropyl) ether	108-60-1	SW846 - 8000 series	2.5
104	Bis (2-ethylhexyl) phthalate	117-81-7	SW846 - 8000 series	2.5
105	Butyl Benzyl phthalate	85-68-7	SW846 - 8000 series	5.0
106	Carbazole	86-74-8	SW846 - 8000 series	2.5
107	Chrysene	218-01-9	SW846 - 8000 series	2.5
108	Di-n-butyl phthalate	84-74-2	SW846 - 8000 series	5.0
109	Di-n-octyl phthalate	117-84-0	SW846 - 8000 series	5.0
110	Dibenzo (a,h) anthracene	53-70-3	SW846 - 8000 series	2.5
111	Dibenzofuran	132-64-9	SW846 - 8000 series	2.5
112	Diethyl phthalate	84-66-2	SW846 - 8000 series	5.0
113	Dimethyl phthalate	131-11-3	SW846 - 8000 series	5.0
114	Fluoranthene	206-44-0	SW846 - 8000 series	5.0
115	Fluorene	86-73-7	SW846 - 8000 series	2.5
116	Hexachlorobenzene	118-74-1	SW846 - 8000 series	2.5
117	Hexachlorocyclopentadiene	77-47-4	SW846 - 8000 series	5.0
118	Hexachloroethane	67-72-1	SW846 - 8000 series	5.0
119	Indeno (1,2,3-cd) pyrene	193-39-5	SW846 - 8000 series	2.5
120	Isophorone	78-59-1	SW846 - 8000 series	2.5
121	N-Nitroso-di-n-propylamine	621-64-7	SW846 - 8000 series	2.5
122	N-Nitrosodimethylamine	62-75-9	SW846 - 8000 series	5.0
123	N-Nitrosodiphenylamine	86-30-6	SW846 - 8000 series	5.0
124	Nitrobenzene	98-95-3	SW846 - 8000 series	2.5
125	Pentachlorophenol	87-86-5	SW846 - 8000 series	5.0
126	Phenanthrene	85-01-8	SW846 - 8000 series	2.5
127	Phenol	108-95-2	SW846 - 8000 series	5.0
128	Pyrene	129-00-0	SW846 - 8000 series	5.0
Section C. Metals
129	Total Arsenic	7440-38-2	SW846 6000/7000 series	10
130	Total Cadmium	7440-43-9	SW846 6000/7000 series	1.0
131	Total Chromium	7440-47-3	SW846 6000/7000 series	10
132	Total Copper	7440-50-8	SW846 6000/7000 series	10
133	Total Lead	7439-92-1	SW846 6000/7000 series	11
134	Total Mercury	7439-97-6	SW846 7000 series	0.05
135	Total Molybdenum	7439-98-7	SW846 6000/7000 series	10
136	Total Nickel	7440-02-0	SW846 6000/7000 series	10
137	Total Selenium	7782-49-2	SW846 6000/7000 series	18
138	Total Zinc	7440-66-6	SW846 6000/7000 series	10
139	Total Antimony	7440-36-0	SW846 6000/7000 series	8.0
140	Total Beryllium	7440-41-7	SW846 6000/7000 series	0.1
141	Total Silver	7440-22-4	SW846 6000/7000 series	4.0
142	Total Thallium	7440-28-0	SW846 6000/7000 series	10
Section D. Polychlorinated Biphenyls
143	PCB-1242	53469-21-9	SW846 - 8000 series	0.7
144	PCB-1254	11097-69-1	SW846 - 8000 series	0.7
145	PCB-1221	11104-28-2	SW846 - 8000 series	0.7
146	PCB-1232	11141-16-5	SW846 - 8000 series	0.7
147	PCB-1248	12672-29-6	SW846 - 8000 series	0.7
148	PCB-1260	11096-82-5	SW846 - 8000 series	0.7
149	PCB-1016	12674-11-2	SW846 - 8000 series	0.7
Section E. Additional Analyses
150	pH	na	SM-4500-H	na
151	Percent Solids	na	SM-2540 G	na
152	Nitrate-Nitrite	14797-55-8 14797-65-0	SM-4500-NO₃ SW8-6-9210 EPA 353-3000 series	30
153	Total Kjeldalh Nitrogen	na	SM-4500-N_org EPA-351.3	300
154	Ammonia Nitrogen	na	SM-4500-NH₃ EPA-350	30
155	Total Organic Nitrogen	na	calculation	na
156	Potassium	na	SM-3500-K SW846 6000/7000 series	15
157	Phosphorus	na	SM-4500-P EPA-365	15
Section F. Dioxins
158	Total Toxic Equivalent, 2,3,7,8 TCDD	1746-01-6	EPA 1613	5 ppt TEQ
Section G. Pathogens
159	Enteric Virus	na	ASTM D4994-89 (2002)	1 PFU/ 4 grams
160	Fecal Coliform	na	Part 9221 E or Part 9222 D	Class A - <1000 MPN/g Class B - <2,000,000 MPN/g
161	Salmonella sp.	na	Part 9260 D	< 3 MPN/ 4 grams
162	Helminth ova	na	Yanko, 1987	<1 per 4 grams
Section H. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)
Perfluoroalkyl carboxylic acids
163	Perfluorobutanoic acid (PFBA)	375-22-4	1633A	na
164	Perfluoropentanoic acid (PFPeA)	2706-90-3	1633A	na
165	Perfluorohexanoic acid (PFHxA)	307-24-4	1633A	na
166	Perfluoroheptanoic acid (PFHpA)	375-85-9	1633A	na
167	Perfluorooctanoic acid (PFOA)	335-67-1	1633A	na
168	Perfluorononanoic acid (PFNA)	375-95-1	1633A	na
169	Perfluorodecanoic acid (PFDA)	335-76-2	1633A	na
170	Perfluoroundecanoic acid (PFUnA)	2058-94-8	1633A	na
171	Perfluorododecanoic acid (PFDoA)	307-55-1	1633A	na
172	Perfluorotridecanoic acid (PFTrDA)	72629-94-8	1633A	na
173	Perfluorotetradecanoic acid (PFTeDA)	376-06-7	1633A	na
Perfluoroalkyl sulfonic acids
Acid Form
174	Perfluorobutanesulfonic acid (PFBS)	375-73-5	1633A	na
175	Perfluoropentansulfonic acid (PFPeS)	2706-91-4	1633A	na
176	Perfluorohexanesulfonic acid (PFHxS)	355-46-4	1633A	na
177	Perfluoroheptanesulfonic acid (PFHpS)	375-92-8	1633A	na
178	Perfluorooctanesulfonic acid (PFOS)	45298-90-6	1633A	na
179	Perfluorononanesulfonic acid (PFNS)	68259-12-1	1633A	na
180	Perfluorodecanesulfonic acid (PFDS)	335-77-3	1633A	na
181	Perfluorododecanesulfonic acid (PFDoS)	79780-39-5	1633A	na
Fluorotelomer sulfonic acids
182	1H,1H, 2H, 2H-Perfluorohexane sulfonic acid (4:2FTS)	757124-72-4	1633A	na
183	1H,1H, 2H, 2H-Perfluorooctane sulfonic acid (6:2FTS)	425670-75-3	1633A	na
184	1H,1H, 2H, 2H-Perfluorodecane sulfonic acid (8:2FTS)	481071-78-7	1633A	na
Perfluorooctane sulfonamides
185	Perfluorooctanesulfonamide (PFOSA)	754-91-6	1633A	na
186	N-methyl perfluorooctanesulfonamide (NMeFOSA)	31506-32-8	1633A	na
187	N-ethyl perfluorooctanesulfonamide (NEtFOSA)	4151-50-2	1633A	na
Perfluorooctane sulfonamidoacetic acids
188	N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)	2355-31-9	1633A	na
189	N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)	2991-50-6	1633A	na
Perfluorooctane sulfonamide ethanols
190	N-methyl perfluorooctanesulfonamidoethanol (NMeFOSE)	24448-09-7	1633A	na
191	N-ethyl perfluorooctanesulfonamidoethanol (NEtFOSE)	1691-99-2	1633A	na
Per- and Polyfluoroether carboxylic acids
192	Hexafluoropropylene oxide dimer acid (HFPO-DA)	122499-17-6	1633A	na
193	4,8-Dioxa-3H-perfluorononanoic acid (ADONA)	919005-14-4	1633A	na
194	Perfluoro-3-methoxypropanoic acid (PFMPA)	377-73-1	1633A	na
195	Perfluoro-4-methoxybutanoic acid (PFMBA)	863090-89-5	1633A	na
196	Nonafluoro-3,6-dioxaheptanoic acid (NFDHA)	151772-58-6	1633A	na
Ether sulfonic acids
197	9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9Cl-PF3ONS)	756426-58-1	1633A	na
198	11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11Cl-Pf3OUdS)	763051-92-9	1633A	na
199	Perfluoro(2-ethoxyethane)sulfonic acid (PFEESA)	113507-82-7	1633A	na
Fluorotelomer carboxylic acids
200	3-Perfluoropropyl propanoic acid (3:3FTCA)	356-02-5	1633A	na
201	2H,2H,3H,3H-Perfluorooctanoic acid (5:3FTCA)	914637-49-3	1633A	na
202	3-Perfluoroheptyl propanoic acid (7:3FTCA)	812-70-4	1633A	na

(e) The following shall apply to Table 809-2:

(1) Subject to (2) and (3) below, the detection limit for all the analyses shall be at or below the detection limits specified in Table 809-2;

(2) If the percent solids in a sludge is below 5%, the results shall be reported in mg/L and the detection limits shall be appropriate to the methodology specified in Table 809-2 for a water matrix;

(3) If the detection limit specified in Table 809-2 cannot be achieved by the methodology listed, the department shall accept the detection limits that are routinely achievable; and

(4) The designation “na” means “not applicable”.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.07 Post-Certification Testing Required for QC Sludge.

(a) The sludge quality certification holder shall analyze the QC sludge from its generating facility at the frequencies specified in Table 809-3, below, for the parameters listed in Table 809-2, section E, and for the metals in Table 809-2, section C, except for antimony, beryllium, silver, and thallium, in accordance with the analytical methods and detection limits specified:

Table 809-3: Frequency of Testing - Land Application

Quantity of Sludge (dry tons)	Frequency
0 - 320	Once per 180 days
320 - 1600	Once per quarter
1600 - 16,000	Once per 60 days
more than 16,000	Once per month

(b) For the purposes of Table 809-3 above, “quantity of sludge” means the total quantity of all sludge generated in a calendar year.

(c) Each year, the sludge quality certification holder shall analyze sludge from its generating facility for the constituents identified in Table 809-2, sections A, B, D, F, and H, together with antimony, beryllium, silver, and thallium from section C, and fecal coliforms or salmonella sp for class A biosolids, or fecal coliforms for class B biosolids from section G using the analytical methods and detection limits specified in the table.

(d) Generators of class A biosolids also shall test for enteric viruses and helminth ova as specified in Table 809-2, section G, if using 40 CFR 503.32 class A–alternative 3 or class A–alternative 4 methods for pathogen destruction.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.08 Additional Testing Required.

(a) The department shall require additional testing when results of testing conducted by the sludge quality certification holder, site permit holder, or the department show that the requirements in Env-Wq 809.03 have not been met.

(b) If additional testing is required under (a) above, the sludge quality certification holder and all site operators who apply the sludge shall cease land application of sludge until the additional testing, performed in accordance with (c) below, demonstrates that the sludge is acceptable for land application according to the standards of Env-Wq 809.03.

(c) The following additional testing shall be done in accordance with the analytical procedures specified in Table 809-2:

(1) Collect and analyze representative samples of sludge from each stockpile at each site that contains the generator’s sludge for the constituent(s) of concern and submit results to the department for review and approval prior to resuming land application;

(2) Increase the frequency of testing at the generator’s facility for the compound(s) of concern to weekly, and continue the weekly sampling until 4 successive weeks show that the concentration of the constituent(s) of concern meets the standards in Env-Wq 809.03; and

(3) After complying with (2) above, resume land application and increase sampling frequency specified in Env-Wq 809.07 to monthly for the constituent(s) of concern for 6 months.

(d) Subject to (e) below, the department shall remove a constituent from the requirement to be tested annually if it determines, based on all available information, that the constituent is not present in the sludge and is unlikely to be present in the future.

(e) The constituent removed pursuant to (d) above shall be reinstated to the annual testing regime if:

(1) Any source of wastewater that has the potential to discharge the contaminant is connected to the generating facility; or

(2) Any source of wastewater that is connected to the generating facility changes its processes such that the contaminant may be discharged.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 809.09 Recordkeeping and Reporting.

(a) Each sludge quality certification holder shall maintain records containing the following information:

(1) The name, email, and physical address of the facility that generated the QC sludge;

(2) The name and telephone number of the operator of the facility;

(3) The sludge quality certificate number;

(4) The quantity of QC sludge generated, in wet and dry tons;

(5) The results of all testing, including laboratory reports, required by the department during the previous year, including laboratory results presented categorically as required in Env-Wq 809.01(a)(4);

(6) For permitted land application sites, the name, location, and amount, in wet and dry tons, where the QC sludge was delivered;

(7) For each delivery of 50 cubic yards or more of composted or un-composted class A biosolids and mixtures containing class A biosolids and for deliveries where the combined delivered amount is 50 cubic yards or more, the name of the recipient, location where the material was delivered, and the amount delivered; and

(8) Data regarding source inputs to the sludge or sludge mixture pertaining to the presence and concentrations of regulated pollutants, and any emerging contaminants from each source delivering or discharging to the facility.

(b) Each sludge quality certification holder shall submit an annual report to the department by the last business day of January following the issuance of the certificate that contains:

(1) The information required by (a)(1) through (7) above;

(2) A tabulated summary of all results from testing pursuant to Env-Wq 809.07 and Env-Wq 809.08 if applicable, including notation of any standards exceeded and laboratory quality control reported as outside acceptable ranges; and

(3) The proposed updated label as required under Env-Wq 810.02, if applicable.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 810 LAND APPLICATION AND MANAGEMENT RESTRICTIONS

Env-Wq 810.01 Land Application of Class A Biosolids.

(a) Each person who land applies class A biosolids shall comply with the following:

(1) If the biosolids are not certified as low metals under Env-Wq 809.03, the application rate shall not exceed the annual application limits stated on the label required under Env-Wq 810.02;

(2) Biosolids shall not be stockpiled or applied within 35 feet of surface water;

(3) Biosolids shall not be stockpiled within 250 feet of the normal high water mark of a designated river; and

(4) Land application of biosolids within a designated river corridor shall comply with the requirements relative to set-backs and immediate incorporation into the soil specified in RSA 483:9, VI(c), RSA 483:9-a, VII(d), RSA 483:9-aa, VII(b), or RSA 483:9-b, VII(b), as applicable.

(b) In addition to (a) above, each person who land applies class A biosolids on a contiguous area of more than 5 acres shall:

(1) Obtain and follow the nutrient recommendation from UNH cooperative extension, USDA, New Hampshire department of agriculture, NRCS, or a certified crop advisor; and

(2) Maintain biosolids stockpiles to minimize the amount of water running on, off, or through the stockpile.

(c) For class A biosolids not used for reclamation, land application rates shall not exceed 200 pounds of nitrogen per acre unless recommended by a certified crop advisor.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 810.02 Label Requirements for Class A Biosolids.

(a) The generator of class A biosolids shall submit a proposed label to the department with the application for a sludge quality certification and annually with the annual report required under Env-Wq 809.09.

(b) The proposed label shall include the following:

(1) The name, mailing address, email, and telephone number of the generator;

(2) A brief description of the product, including the process employed to treat or stabilize the biosolids and meet pathogen and vector attraction reduction requirements of 40 CFR 503.32(a) and 503.33, respectively;

(3) Recommended uses and appropriate application rates;

(4) Average nutrient analysis of the final biosolids product for nitrogen, phosphorus, and potassium based upon the analytical results required under Env-Wq 809.03(c) from the previous year;

(5) Average concentration for the compounds listed in Env-Wq 809.03(c) based upon the analytical results required under Env-Wq 809.07(a) from the previous year;

(6) A statement detailing the requirements set forth in Env-Wq 810.01; and

(7) The following statement: “Any use of biosolids contrary to label recommendations is a violation of New Hampshire law.”

(c) The department shall approve the label if it determines that the information in the proposed label is complete and correct. In determining if the label is complete and correct, the department may request results of tests conducted by the generator related to data presented on the label.

(d) Within 30 days of receipt of the label, the department shall notify the generator in writing of its approval or disapproval of the label. If the department does not approve the label, the written notification shall specify the reason(s) for the decision.

(e) A generator of QC sludge shall include the label approved in (c) above with every delivery. For purposes of labeling, a delivery includes multiple shipments of the same material in a single order.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 810.03 Recordkeeping and Reporting for Class A Biosolids. Each generator of class A biosolids or mixtures containing class A biosolids shall record the information required by Env-Wq 809.09(a)(7).

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 810.04 Land Application and Management Restrictions for Other Than Class A Biosolids. QC sludge that is not class A biosolids shall be subject to the following restrictions:

(a) Subject to (b) below, water treatment sludge shall be land applied only as a mineral component in a mixture of sludge or other organic residuals;

(b) Unmixed water treatment residuals shall not be applied to agricultural land unless allowed by a permit obtained pursuant to this chapter;

(1) Any QC sludge that contains class B biosolids;

(2) Any QC sludge used for reclamation that is applied at rates exceeding 1,500 pounds of nitrogen per acre or that does not have a carbon-to-nitrogen ratio between 30:1 and 40:1; and

(3) Short paper fiber; and

(d) For short paper fiber not used for reclamation, land application rates shall not increase soil organic matter by more than 2% in any year. An annual application rate of 35 dry tons of short paper fiber per acre or less shall be presumed to meet this requirement.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 811 WAIVERS AND EQUIVALENCY DETERMINATIONS

Env-Wq 811.01 Applicability. The purpose of the rules in this part is to establish procedures and criteria for:

(a) Requesting waivers in situations where strict compliance with all rules is not necessary to protect human health and safety and the environment or would interfere with studies designed to investigate alternatives to current requirements; and

(b) Requesting approval of alternate methods to those specified in the rules in situations where new methods have been developed or other methods might apply more appropriately in a particular situation.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 811.02 Submittal of Request for Waiver or Equivalency Determination.

(a) To request a waiver or equivalency determination, the applicant shall complete and submit an “Application for Waiver or Equivalency from Sludge Management Rules”, NHDES-W-09-011, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) Payment for application fees, if applicable, shall be submitted with the completed application.

(c) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 811.03 and Env-Wq 811.04.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 811.03 Waiver Criteria.

(a) Subject to (b) below, the department shall approve a request for a waiver that is not being requested to accommodate research of alternatives to current requirements if it finds that granting the waiver will, with the implementation of any proposed alternatives, be:

(1) At least equivalent to the requirements specified in Env-Wq 800;

(2) Adequate to ensure that the provisions of RSA 485-A and RSA 485-C are met;

(3) As protective of human health and safety and the environment as compliance with the rule that is being waived; and

(4) Consistent with the intent of applicable statutes and rules.

(b) The department shall approve a request for a waiver that is being requested to accommodate research of alternatives to current requirements if it finds that:

(1) The proposed research plan includes establishing relevant background conditions and monitoring during the study to ensure protection of public health and the environment;

(2) The individual(s) who will be conducting the research are qualified by reason of education and experience;

(3) The requested waiver is necessary to allow the research to proceed; and

(4) The research will not pose an unreasonable threat to the environment or public health.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 811.04 Equivalency Determination Criteria. The department shall approve a method as equivalent to a specified method if it finds that the method:

(a) Provides comparable results in terms of accuracy and precision to the method specified in the rules; and

(b) Provides at least the same degree of protection to human health and safety and the environment as the method specified in the rules.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 811.05 Decision on a Waiver or Equivalency Determination.

(a) The department shall issue a written notice of its decision to a request for a waiver or equivalency determination within 90 days of receipt of the request.

(b) If the waiver or equivalency is granted, the department shall include in its written notice:

(1) Conditions necessary to ensure that the criteria in Env-Wq 811.03 or Env-Wq 811.04, as applicable, will be met; and

(2) The date on which the waiver or equivalency shall expire, which shall be no later than the expiration of the associated permit or certification.

Source. #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 811.06 Modification of a Waiver or Equivalency Determination.

(a) A modification of a waiver or equivalency determination shall be submitted to the department in accordance with Env-Wq 811.02.

(b) The department shall issue a written decision on a request for a modification of a waiver or equivalency determination in accordance with Env-Wq 811.05.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

PART Env-Wq 812 ADMINISTRATIVE FINE SCHEDULE

Env-Wq 812.01 Purpose. The purpose of Env-Wq 812 is to establish a schedule of fines in accordance with RSA 485-A:22, V for violations of RSA 485-A:4, XVI-b, of any rule adopted to implement RSA 485-A:4, XVI-b, or of any permit or approval issued under the authority of RSA 485-A:4, XVI-b.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 812.02 Fine Amounts for Major Violations. The proposed fine amount for all knowing violations of RSA 485-A:4, XVI-b, of any rule in Env-Wq 800, or of any permit or approval issued under the authority of RSA 485-A:4, XVI-b shall be $2,000 for each offense, including but not limited to:

(a) Conducting any regulated sludge management activities without obtaining a permit or certification if required by Env-Wq 804;

(b) Submitting false or misleading information relating to any application for a permit, certification, modification, renewal, transfer, waiver, equivalency determination, or any other request for approval;

(c) Submitting false or misleading information relating to any report or other submission required by Env-Wq 800 or any permit, certification, modification, renewal, transfer, waiver, or equivalency determination issued thereunder; and

(d) Violating the conditions of any permit, certification, modification, renewal, transfer, waiver, or equivalency determination issued pursuant to RSA 485-A:4, XVI-b and Env-Wq 800.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 812.03 Fine Amounts for Moderate Violations. The proposed fine amount for the following violations shall be $1,500 per offense:

(a) For recklessly or negligently submitting false or misleading information relating to any application for permit or certification required pursuant to RSA 485-A:4, XVI-b and Env-Wq 800; and

(b) For recklessly or negligently commencing sludge management activities without obtaining a permit or certification, meeting the conditions required by such permits or certification, or meeting any other requirements of Env-Wq 800.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 812.04 Fines Amounts for Violations with No Previously Scheduled Fine.

(a) For the purposes of this section, the following definitions shall apply:

(1) “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

(2) “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met;

(3) “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

(4) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

(5) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment; and

(6) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment.

(b) For violating the requirements of, or refusing to comply with, any of the provisions of RSA 485-A:4, XVI-b, and any rule adopted or permit or approval issued under the authority of RSA 485-A:4, XVI-b, or RSA 485-A:6, VIII, the proposed fine for each violation that does not meet the criteria in Env-Wq 812.02 and Env-Wq 812.03 shall be calculated pursuant to Table 812-1, below, based on the extent of deviation from the requirement and the potential for harm.

Table 812-1: Matrix for Calculated Fines – Maximum Fine $2,000

Minor Deviation

from Requirement

Moderate Deviation

from Requirement

Major Deviation

from Requirement

Minor Potential for Harm

range: $100 to $500

default: $250

range: $500 to $1,000

default: $750

range: $1,000 to $1,500

default: $1,250

Moderate Potential for Harm

range: $500 to $1,000

default: $750

range: $1,000 to $1,500

default: $1,250

range: $1,500 to $2,000

default: $1,750

Major Potential for Harm

range: $1,000 to $1,500

default: $1,250

range: $1,500 to $2,000

default: $1,750

$2,000

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Env-Wq 812.05 Administrative Fine Hearings. Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24.

Source. #14571, eff 5-15-26, EXPIRES: 5-15-36

Appendix A: Statutes Implemented

Rule	Statute
Env-Wq 800 (see also specific part listed below)	RSA 485-A:4, XVI-b
Env-Wq 809.04	RSA 541-A:30
Env-Wq 810.01	RSA 483:9-VI(c); RSA 483:9-a, VII(d); RSA 483:9-aa, VII(b); RSA 483:9-b, VII(b)
Env-Wq 811	RSA 541-A:22, IV
Env-Wq 812	RSA 485-A:22, V

Appendix B: Incorporated References

Rule (Env-Wq)	Reference	Obtain From (Cost)
806.01(c)(8)	Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Special Publication No. 3, version 7.0, July 2021	Society of Soil Scientists of Northern New England P.O. Box 76; Durham, NH 03824-0076 https://sssnne.wordpress.com/ No cost to download from: https://sssnne.com/wp-content/uploads/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf
806.01(c)(9)	Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Special Publication No. 3, February 2011	Society of Soil Scientists of Northern New England No cost to download from: http://sssnne.org/sssnne-publications/
806.07(h)(3)	Best Management Practices: Biosolids, July 2014	UNH Cooperative Extension No cost to download from: https://extension.unh.edu/resources/files/Resource005011_Rep7148.pdf
806.10(f) 807.10(e)	Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition, Final Updates VII, July 2021	Environmental Protection Agency Office of Solid Waste 1200 Pennsylvania Ave., NW (5304T) Washington DC 20460 No cost to download from: https://www.epa.gov/hw-sw846/sw-846-compendium
809.05(d)	“The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans”, September 2006	No cost to download from: http://click.neiwpcc.org/neiwpcc_docs/biosampleguide/biosampleguide_web.pdf
807.08(a)	TR-16, “Guides for the Design of Wastewater Treatment Works”, 2011	$95.00 (hardcopy) $25 (CD) http://www.neiwpcc.org/tr16guides.asp
807.10(e)(11)	Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS, December 2024	Environmental Protection Agency Office of Water 1200 Pennsylvania Ave., NW (4101M) Washington DC 20460 No cost to download from: https://www.epa.gov/system/files/documents/2024-12/method-1633a-december-5-2024-508-compliant.pdf

Appendix C: Statutory Definitions

RSA 485-A:2:

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

XI-a. “Sludge” means the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

XXII. “Biosolids” means any sludge derived from a sewage wastewater treatment facility that meets the standards for beneficial reuse specified by the department.

XXIII. “Short paper fiber” means any sludge derived from a pulp or paper mill wastewater treatment facility that meets the standards for beneficial reuse specified by the department.

RSA 483:4:

VIII. “Designated river” means that portion of a river which has been specifically designated by the general court pursuant to RSA 483:15.

XVIII. “River corridor” means the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.