Guidance Document for Wastewater Agencies Who Oversee Biosolids Land Application Contractors

The California Association of Sewerage Agencies Regulatory Workgroup prepared a guidance document in 2022-23 for wastewater agencies who produce biosolids and contract out land application services. The document is aimed at producers of Class B biosolids and it aims to help agencies oversee their contractors in a manner compliant with 40 C.F.R. § 503, i.e. EPA 503 regulations. The purpose of the document is not to address all the elements of an Environmental Management System, nor is it to substitute the best practice guidance from the National Biosolids Partnership. Rather, this document provides a simple distillation of duties retained by a generator of biosolids when the land application of the biosolids is handled by an outside contractor. EPA 503 regulations promote a spirit of cradle-to-grave involvement in biosolids handling on the part of the generator, yet the regulations leave room for interpretation. This is especially complicated for tasks that have been contractually transferred to the biosolids handler and are beyond the operational control of the generator, yet the generator remains responsible in principle. Further complicating interpretation is that EPA 503 does not clearly list generator duties for land application beyond sampling and analysis, leaving the reader to find duties throughout the full legal code. The document describes how the utilities should provide oversight via desktop review and in the field, before, during, and after land application. Aspects of the contractor's operation that can be reviewed via desktop include field permits, trucking routes, crops to be grown, and timing of application. Also, outreach to landowners and local regulators can be conducted in office. It is important to note that EPA 503 promotes communication between the generator and the landowner to ensure that the landowner is aware of the land application practice occurring on their fields. The document describes how a utility can conduct effective site visits to verify that land application practices are consistent with federal, state, and local (county) regulations. Site visits are also encouraged after application to verify the crop being grown at the site. Perhaps most importantly, the guidance describes agronomic loading rates. It provides definitions, calculations, and guidance related to biosolids analysis, soil analysis, field loading, and crop uptake. The guidance addresses how climate and soil type will affect assumptions. The guidance helps agency staff demystify and interpret field reports from a land applier. Finally, while the guidance document describes the limitations of contracts in abdicating a generator's duties, it nevertheless includes example contractual language to help agencies develop strong agreements. In general, the guidance is meant to help both new and experienced agencies monitor their biosolids land application practices. This talk will step through the guidance document and discuss input and nuances for the various recommendations. This talk will be useful to agency staff persons and biosolids contractors alike, as well as consultants and regulators. While the guidance was developed in California, it is applicable to all states.