62-640.700. Requirements for Land Application

(1) Biosolids shall only be applied to land application sites that are permitted by the Department in accordance with Rule 62-640.300, F.A.C., and have a valid NMP.

(2) All biosolids applied to land application sites shall meet the requirements of Class AA, Class A, or Class B biosolids as defined in subsections 62-640.200(10), (11), and (12), F.A.C.

(3) Biosolids applied at agricultural sites shall be applied at rates established in accordance with the NMP.

(4) Biosolids applied at land reclamation sites shall also meet the additional requirements of Rule 62-640.800, F.A.C., and be applied at rates established in the approved Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 for the site.

(5) Parameter Concentrations.

(a) Biosolids may be applied to a land application site only if all parameter concentrations do not exceed the following ceiling concentrations in any sample, and the biosolids meet the pathogen and vector attraction reduction requirements set forth in Rule 62-640.600, F.A.C., for the intended site use.

Ceiling Concentrations

Parameter	Single Sample Concentration (mg/kg dry weight basis)
Arsenic	75
Cadmium	85
Copper	4,300
Lead	840
Mercury	57
Molybdenum	75
Nickel	420
Selenium	100
Zinc	7,500

(b) In addition to meeting the single sample requirements of paragraph 62-640.700(5)(a), F.A.C., Class A biosolids may be classified as Class AA biosolids only if the monthly average parameter concentrations do not exceed the following criteria:

Class AA Parameter Concentrations

Parameter	Monthly Average Concentration (mg/kg dry weight basis)
Arsenic	41
Cadmium	39
Copper	1,500
Lead	300
Mercury	17
Nickel	420
Selenium	100
Zinc	2,800

(c) If the biosolids must be blended with other materials to meet the Class AA criteria of paragraph 62-640.700(5)(b), F.A.C., the blending shall be conducted by a Department permitted domestic wastewater treatment facility or biosolids treatment facility before the biosolids are distributed or marketed. The blending methodology shall be specified in the facility’s permit.

(6) General Application Site Requirements.

(a) Biosolids shall be applied with appropriate techniques and equipment to assure uniform application over the application zone.

(b) Class A and Class B biosolids treated by alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located at a distance greater than one-quarter mile from the application site property line. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)2., F.A.C., if the affected adjacent property owner provides written consent.

(c) Class A and Class B biosolids treated by alkaline addition shall be land applied within 24 hours of delivery to the site.

(d) The spraying of liquid domestic wastewater biosolids from an application vehicle shall be conducted so that the formation of aerosols is minimized. Unless specifically stated in the wastewater permit or site permit, spray guns shall not be used.

(e) Biosolids shall not be stored, stockpiled, or staged at a land application site for more than seven days unless approved by the Department pursuant to subparagraph 2., below.

1. All biosolids storage, stockpiling, or staging at land application sites shall:

a. Meet the applicable setback requirements for biosolids application sites in subsection 62-640.700(8), F.A.C.,

b. Not cause or contribute to runoff of biosolids, objectionable odors, or vector attraction; and,

c. For Class B biosolids, include fencing or other appropriate features to discourage the entry of animals and unauthorized persons.

2. The Department shall approve storage periods for longer than seven days if the following conditions are met:

a. The storage area and facilities are identified in the NMP and site permit application,

b. The applicable storage requirements of subparagraph 62-640.700(6)(e)1., F.A.C., are met,

c. All of the biosolids stored at the application site, up to the capacity of the onsite storage facilities, can be land applied without resulting in an exceedance of cumulative loading limits or the application rates established in the NMP,

d. The storage facilities are adequate for the rate of biosolids generated by permitted treatment facilities sending biosolids to the application site,

e. A longer storage period is needed because of agricultural operations or climatic factors at the application site; and,

f. In addition to the provisions of subparagraph 62-640.700(6)(e)1., F.A.C., measures to prevent leaching of nutrients are also implemented.

3. In no case shall storage of biosolids exceed two years.

4. EPA’s Guide to Field Storage of Biosolids, paragraph 62-640.210(1)(k), F.A.C., provides guidance to assist permittees in the field storage, stockpiling, and staging of biosolids.

(f) Class B biosolids application sites shall be posted with appropriate advisory signs in English and Spanish which identify the nature of the project area and comply with the following requirements.

1. Signs shall be posted at all entrances to land application sites in such a position as to be clearly noticeable. The words “Class B Biosolids Site” (in Spanish “Sitio con Biosólidos”), “Public Access Prohibited” (in Spanish “Prohibido el Acceso al Público”), and the name and contact information of the site manager shall appear prominently on the signs.

2. For unfenced application sites, additional signs shall be posted at the corners and at a maximum of 500 feet intervals along the boundaries of the application site or zones, and in such a position as to be clearly noticeable from outside the boundary line of the application site. The words “Public Access Prohibited” (in Spanish “Prohibido el Acceso al Público”) shall appear prominently on the signs.

3. Letters on the signs for all required statements shall not be less than two inches in height. Signs shall be maintained and legible.

(7) Cumulative Application Limits.

(a) For Class A and Class B biosolids the total cumulative loading of each parameter identified in paragraph 62-640.700(7)(b), F.A.C., which is applied to each application zone on an application site shall be determined and provided to the Department in the annual summary submitted on Department Form 62-640.210(2)(c), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The beginning date for cumulative loading determination shall be as described in subparagraph 62-640.650(5)(d)2., F.A.C. The total cumulative loading shall be reported in pounds per acre (1 acre = 0.4047 hectare).

(b) The application of Class A and Class B biosolids to application zones which accept biosolids that meet the ceiling concentration limits in subsection 62-640.700(5), F.A.C., shall be restricted by the following cumulative application limits:

Cumulative Application Limits

Parameter	Limit (pounds per acre)
Arsenic	36.6
Cadmium	34.8
Copper	1,340
Lead	268
Mercury	15.2
Molybdenum	Report only
Nickel	375
Selenium	89.3
Zinc	2,500

(c) If one or more zone(s) at an application site changes ownership or becomes part of a different application site, the cumulative loading determination for the affected zone(s) shall account for the prior applications of biosolids.

(d) If biosolids that are subject to the cumulative loading limitations of subsection 62-640.700(7), F.A.C., have been applied to an application zone, and the cumulative loading amount of one or more pollutants is not known, no further applications of biosolids shall be made to that application zone. To continue use of the zone, the permittee shall establish cumulative loadings below the application limits in paragraph 62-640.700(7)(b), F.A.C., by calculation methods and analysis or by conducting soil testing in accordance with subparagraph 62-640.650(3)(b)2., F.A.C.

(8) Setback Distances.

(a) The following setback distances shall apply to land application sites that accept either Class A or Class B biosolids.

1. The biosolids land application zone shall not be located closer than 1,000 feet to any Class I water body, Outstanding Florida Water or Outstanding National Resource Water, or 200 feet from any other surface water of the state as defined in Section 403.031, F.S. This setback does not apply to waters owned entirely by one person other than the state, nor to canals or bodies of water used for irrigation or drainage, which are located completely within the application site and will not discharge from the application site. The setback area shall be vegetated. The 200 foot setback distance from surface waters shall be reduced to 100 feet if the biosolids are injected or incorporated into the soil.

2. The biosolids land application zone shall not be located closer than 300 feet from any private drinking water supply well or 500 feet from any public drinking water supply well.

3. The land application zone and an area 200 feet wide adjacent to the application zone shall contain no visible evidence of subsurface fractures, solution cavities, sink holes, excavation core holes, abandoned wells or any other natural or man-made conduits that could allow direct contamination of ground water.

4. Biosolids shall not be stored or stockpiled at a land application site within 1,320 feet of a building occupied by the general public. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)1., F.A.C., if the owner of the building provides written consent.

(b) The following additional setback distances shall apply to land application sites that accept Class B biosolids.

1. Class B biosolids shall not be applied within 300 feet of a building occupied by the general public. This distance shall be reduced to 100 feet if biosolids  are injected into the soil or if written permission is obtained from the building owner.

2. Class B biosolids shall not be applied within 75 feet from property lines, unless applied to the medians or roadway shoulders of restricted public access roads.

(9) The pH of the soil or the biosolids soil mixture of an application zone shall be 5.0 or greater at the time Class A or Class B biosolids are applied. At a minimum, soil pH testing shall be done annually.

(10) Seasonal High Water Table.

(a) In accordance with subsection 62-640.400(14), F.A.C., biosolids shall not be applied on soils that have a seasonal high water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a Department-approved nutrient management plan and water quality monitoring plan provide reasonable assurance that the land application of biosolids at the site will not cause or contribute to a violation of the state’s surface water quality standards or ground water standards.

(b) A minimum unsaturated soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil.

(c) The permittee can indicate the seasonal high ground water table for each application zone at the application site in the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 by use of soil survey maps or by an evaluation conducted by a professional engineer who is licensed in the State of Florida or a professional soil scientest certified and registered by the Florida Association of Environmental Soil Scientests. The methodologies set forth in the document “Soil and Water Relationships of Florida’s Ecological Communities,” Florida Soil Conservation Staff 1992, https://floridadep.gov/sites/default/files/soil-and-water.pdf), which the Department adopts and incorporates by reference, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13265 and from the Department of Environmental Protection, Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, may be used to establish the seasonal high water table.

(d) If the seasonal high ground water level is within two feet of the depth of biosolids placement, the water table level shall be determined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water-table monitoring well or a piezometer.

(11) Runoff Prevention Requirements.

(a) Biosolids shall not be applied at an application zone during rain events that cause ponding or sheet flow, when ponding exists, or when surface soils are saturated.

(b) Topographic grades of the land application zone must be eight percent or less. If application site slopes exceed three percent in one or more application zones, biosolids shall be injected or incorporated, or documentation shall be provided with the NMP demonstrating that suitable soil infiltration rates and stormwater control measures exist at the application site to retain runoff generated by a 10-year recurrence interval 1-hour duration storm event. Berms shall be placed for this purpose if necessary.

(c) Biosolids shall not be land applied on soils having a flooding frequency class of “frequent” or “very frequent”, or on soils having a flooding duration class of “long” or “very long,” as given in soil surveys and as defined by the NRCS in Section 618.31 of the National Soil Survey Handbook, as of August 2019, hereby adopted and incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13266 and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(12) Additional Application Site Restrictions for Class B Biosolids. The following restrictions shall apply to the use of Class B biosolids:

(a) Class B biosolids shall only be applied to restricted public access areas. The public shall be restricted from the application zone for 12 months after the last application of biosolids.

(b) Plant nursery use of Class B biosolids is limited to plants which will not be sold to the public for 12 months after the last application of biosolids.

(c) Use of Class B biosolids on roadway shoulders and medians is limited to restricted public access roads.

(d) Food crops, feed crops, and fiber crops shall not be harvested for 30 days following the last application of Class B biosolids.

(e) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface shall not be harvested for 14 months after the last application of Class B biosolids.

(f) Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of Class B biosolids when the biosolids remain on the land surface for four months or longer before incorporation into the soil.

(g) Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of Class B biosolids when the biosolids remain on the land surface for less than four months before incorporation into the soil.

(h) Animals shall not be grazed on land on which Class B biosolids have been applied for 30 days after the last application of Class B biosolids. Animals found grazing prior to the end of the 30-day restriction shall be reported by the site manager to the Florida Department of Agriculture and Consumer Services (FDOACS), Bureau of Animal Disease Control, within two weeks of discovery.

(i) Sod or soil which will be distributed or sold to the public or used on unrestricted public access areas shall not be harvested or removed from land on which Class B biosolids have been applied for 12 months after the last application of Class B biosolids.

(j) If ownership of a land application site changes prior to the expiration of a time period restriction established by paragraphs 62-640.700(12)(a)-(i), F.A.C., the existing owner shall disclose to the prospective owner the existence of the restriction(s) prior to transferring ownership.

Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.700, Amended 3-30-98, 8-29-10, 6-21-21, per Ch. 2021-153, Laws of Florida.