33 U.S.C. § 1345 — Disposal or use of sewage sludge

(a) Disposal of sewage sludge from a treatment works, including moving sludge already in place to another location, is prohibited if it would cause a pollutant from the sludge to enter navigable waters, unless the disposal has a permit issued by the Administrator under section 1342. (b) The Administrator must issue regulations for permits covering this disposal. The regulations must apply every criterion, factor, procedure, and requirement that applies to a section 1342 permit. (c) A State may administer its own permit program for covered sludge disposal within the State under section 1342. (d)(1) After consulting appropriate Federal and State agencies and interested people, the Administrator must develop and publish, within one year after December 27, 1977, and later from time to time, guidelines for disposing of sludge and using it for different purposes. The guidelines must identify sludge uses, including disposal; state the factors for deciding the measures and practices for each use or disposal, including cost information; and identify pollutant concentrations that interfere with each use or disposal. The Administrator may revise these regulations. (2)(A)(i) By November 30, 1986, the Administrator must identify toxic pollutants that available information shows may occur in sewage sludge at concentrations that could harm public health or the environment, considering toxicity, persistence, concentration, mobility, and exposure potential. The Administrator must propose acceptable management practices and numerical limits for each pollutant and each use identified under paragraph (1)(A). (ii) By August 31, 1987, after an opportunity for a public hearing, the Administrator must issue those final regulations. (B)(i) By July 31, 1987, the Administrator must identify other toxic pollutants that may occur at harmful concentrations and propose management practices and numerical limits for each pollutant and use. (ii) By June 15, 1988, the Administrator must issue those final regulations. (C) At least every two years, the Administrator must review these regulations to identify additional toxic pollutants and regulate them under this paragraph. (D) The practices and numerical criteria must adequately protect public health and the environment from reasonably anticipated harmful effects. Compliance must be required as quickly as practicable and no later than 12 months after publication, or no later than two years if new pollution-control facilities must be built. (3) If the Administrator finds a numerical limit infeasible to prescribe or enforce, the Administrator may use a design, equipment, management-practice, or operating standard, or a combination, that the Administrator finds adequate to protect public health and the environment. A design or equipment standard must include requirements for proper operation and maintenance. (4) Before issuing the paragraph (2) regulations, the Administrator must put protective conditions in permits issued to publicly owned treatment works under section 1342 or take other appropriate protective measures. (5) This section does not waive stricter requirements in this chapter or another law. (e) The way sludge is disposed of or used is generally a local decision. But nobody may use sludge from a publicly owned treatment works or another domestic-sewage treatment works for a use regulated under subsection (d) except as the regulations allow. (f)(1) A section 1342 permit for a publicly owned or domestic-sewage treatment works must include sludge-use and disposal requirements implementing subsection (d), unless those requirements are already in a permit under the listed Solid Waste Disposal Act, Safe Drinking Water Act, Marine Protection, Research, and Sanctuaries Act, Clean Air Act, or an approved State program that the Administrator finds assures compliance. By December 15, 1986, the Administrator must issue procedures for approving State programs. (2) If such a treatment works is not subject to section 1342 and none of the other listed permit programs or approved State authority applies, the Administrator may issue a permit solely to impose subsection (d) sludge requirements. The permit must assure compliance, and the Administrator must establish procedures for issuing it. (g)(1) The Administrator may conduct or begin scientific studies, demonstration projects, and public information and education projects promoting safe and beneficial sludge management, including mine-site restoration, park and recreation soil conditioning, and agricultural and horticultural uses. The Administrator may give grants to State water-pollution agencies, other public or nonprofit agencies, institutions, organizations, and individuals. With other Federal, public, and private organizations, the Administrator may collect and distribute information about safe beneficial use. (2) For fiscal years beginning after September 30, 1986, up to $5,000,000 may be appropriated for these activities.