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U.S. Code as of:
01/19/04
Section 1345. Disposal or use of sewage sludge
(a) Permit
Notwithstanding any other provision of this chapter or of any
other law, in any case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in
section 1292 of this title (including the removal of in-place
sewage sludge from one location and its deposit at another
location) would result in any pollutant from such sewage sludge
entering the navigable waters, such disposal is prohibited except
in accordance with a permit issued by the Administrator under
section 1342 of this title.
(b) Issuance of permit; regulations
The Administrator shall issue regulations governing the issuance
of permits for the disposal of sewage sludge subject to subsection
(a) of this section and section 1342 of this title. Such
regulations shall require the application to such disposal of each
criterion, factor, procedure, and requirement applicable to a
permit issued under section 1342 of this title.
(c) State permit program
Each State desiring to administer its own permit program for
disposal of sewage sludge subject to subsection (a) of this section
within its jurisdiction may do so in accordance with section 1342
of this title.
(d) Regulations
(1) Regulations
The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall develop
and publish, within one year after December 27, 1977, and from
time to time thereafter, regulations providing guidelines for the
disposal of sludge and the utilization of sludge for various
purposes. Such regulations shall -
(A) identify uses for sludge, including disposal;
(B) specify factors to be taken into account in determining
the measures and practices applicable to each such use or
disposal (including publication of information on costs);
(C) identify concentrations of pollutants which interfere
with each such use or disposal.
The Administrator is authorized to revise any regulation issued
under this subsection.
(2) Identification and regulation of toxic pollutants
(A) On basis of available information
(i) Proposed regulations
Not later than November 30, 1986, the Administrator shall
identify those toxic pollutants which, on the basis of
available information on their toxicity, persistence,
concentration, mobility, or potential for exposure, may be
present in sewage sludge in concentrations which may
adversely affect public health or the environment, and
propose regulations specifying acceptable management
practices for sewage sludge containing each such toxic
pollutant and establishing numerical limitations for each
such pollutant for each use identified under paragraph
(1)(A).
(ii) Final regulations
Not later than August 31, 1987, and after opportunity for
public hearing, the Administrator shall promulgate the
regulations required by subparagraph (A)(i).
(B) Others
(i) Proposed regulations
Not later than July 31, 1987, the Administrator shall
identify those toxic pollutants not identified under
subparagraph (A)(i) which may be present in sewage sludge in
concentrations which may adversely affect public health or
the environment, and propose regulations specifying
acceptable management practices for sewage sludge containing
each such toxic pollutant and establishing numerical
limitations for each pollutant for each such use identified
under paragraph (1)(A).
(ii) Final regulations
Not later than June 15, 1988, the Administrator shall
promulgate the regulations required by subparagraph (B)(i).
(C) Review
From time to time, but not less often than every 2 years, the
Administrator shall review the regulations promulgated under
this paragraph for the purpose of identifying additional toxic
pollutants and promulgating regulations for such pollutants
consistent with the requirements of this paragraph.
(D) Minimum standards; compliance date
The management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public health and the environment from any reasonably
anticipated adverse effects of each pollutant. Such regulations
shall require compliance as expeditiously as practicable but in
no case later than 12 months after their publication, unless
such regulations require the construction of new pollution
control facilities, in which case the regulations shall require
compliance as expeditiously as practicable but in no case later
than two years from the date of their publication.
(3) Alternative standards
For purposes of this subsection, if, in the judgment of the
Administrator, it is not feasible to prescribe or enforce a
numerical limitation for a pollutant identified under paragraph
(2), the Administrator may instead promulgate a design,
equipment, management practice, or operational standard, or
combination thereof, which in the Administrator's judgment is
adequate to protect public health and the environment from any
reasonably anticipated adverse effects of such pollutant. In the
event the Administrator promulgates a design or equipment
standard under this subsection, the Administrator shall include
as part of such standard such requirements as will assure the
proper operation and maintenance of any such element of design or
equipment.
(4) Conditions on permits
Prior to the promulgation of the regulations required by
paragraph (2), the Administrator shall impose conditions in
permits issued to publicly owned treatment works under section
1342 of this title or take such other measures as the
Administrator deems appropriate to protect public health and the
environment from any adverse effects which may occur from toxic
pollutants in sewage sludge.
(5) Limitation on statutory construction
Nothing in this section is intended to waive more stringent
requirements established by this chapter or any other law.
(e) Manner of sludge disposal
The determination of the manner of disposal or use of sludge is a
local determination, except that it shall be unlawful for any
person to dispose of sludge from a publicly owned treatment works
or any other treatment works treating domestic sewage for any use
for which regulations have been established pursuant to subsection
(d) of this section, except in accordance with such regulations.
(f) Implementation of regulations
(1) Through section 1342 permits
Any permit issued under section 1342 of this title to a
publicly owned treatment works or any other treatment works
treating domestic sewage shall include requirements for the use
and disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section, unless such
requirements have been included in a permit issued under the
appropriate provisions of subtitle C of the Solid Waste Disposal
Act [42 U.S.C. 6921 et seq.], part C of the Safe Drinking Water
Act [42 U.S.C. 300h et seq.], the Marine Protection, Research,
and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et
seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the Clean Air Act
[42 U.S.C. 7401 et seq.], or under State permit programs approved
by the Administrator, where the Administrator determines that
such programs assure compliance with any applicable requirements
of this section. Not later than December 15, 1986, the
Administrator shall promulgate procedures for approval of State
programs pursuant to this paragraph.
(2) Through other permits
In the case of a treatment works described in paragraph (1)
that is not subject to section 1342 of this title and to which
none of the other above listed permit programs nor approved State
permit authority apply, the Administrator may issue a permit to
such treatment works solely to impose requirements for the use
and disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section. The Administrator
shall include in the permit appropriate requirements to assure
compliance with the regulations established pursuant to
subsection (d) of this section. The Administrator shall establish
procedures for issuing permits pursuant to this paragraph.
(g) Studies and projects
(1) Grant program; information gathering
The Administrator is authorized to conduct or initiate
scientific studies, demonstration projects, and public
information and education projects which are designed to promote
the safe and beneficial management or use of sewage sludge for
such purposes as aiding the restoration of abandoned mine sites,
conditioning soil for parks and recreation areas, agricultural
and horticultural uses, and other beneficial purposes. For the
purposes of carrying out this subsection, the Administrator may
make grants to State water pollution control agencies, other
public or nonprofit agencies, institutions, organizations, and
individuals. In cooperation with other Federal departments and
agencies, other public and private agencies, institutions, and
organizations, the Administrator is authorized to collect and
disseminate information pertaining to the safe and beneficial use
of sewage sludge.
(2) Authorization of appropriations
For the purposes of carrying out the scientific studies,
demonstration projects, and public information and education
projects authorized in this section, there is authorized to be
appropriated for fiscal years beginning after September 30, 1986,
not to exceed $5,000,000.
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