Navigating State and Federal Regulations for Septic Waste Disposal

Learn how to comply with federal, state, and local laws & regulations regarding the disposal and landspreading of septage and biosolids—both nonhazardous and hazardous. Q&As include:

1. Does the EPA consider septic waste RCRA hazardous?
2. What is an example of septic waste that is RCRA hazardous?
3. What are EPA regulations for septic waste disposal?
4. What manifests and sampling logs are required for lawful transport and discharge of septic waste?
5. Is the e-Manifest system used for septic waste?
6. What are wastewater hauling permits?
7. What guidance materials does the EPA provide concerning septic systems?
8. What best practices does the EPA recommend to protect water quality?
9. Why are bacteria essential to a septic system?
10. What is the 503 Rule for biosolids?
11. What are the state-by-state permit variations regarding the 503 Rule for biosolids?
12. Where can you get help complying with federal, state, and local laws concerning septage?

1. Does the EPA consider septic waste RCRA hazardous?

Not most of the time.

Septic waste (aka septage) consists of human excreta and wastewater from residential septic systems, neither of which is listed as RCRA hazardous. This might seem counterintuitive, even if you aren’t germ-phobic. But neither human excreta nor its attendant wastewater exhibit any RCRA “characteristic” hazards (i.e., ignitability, corrosivity, reactivity, or toxicity). So, they’re deemed nonhazardous. Nor are they “listed” (i.e., wastes from common manufacturing and industrial processes considered RCRA hazardous).

But there are exceptions:

If a septic waste contains hazardous materials (e.g., industrial solvents or heavy metals), then it could be classified as hazardous. Thus, get expert advice if you’re dealing with waste from portable toilets, grease traps, or septage from non-domestic sources (e.g., industrial facilities, commercial sites, or remote locations).

2. What is an example of septic waste that is RCRA hazardous?

Consider this hypothetical case:

A factory that uses a common industrial solvent [e.g., trichloroethylene (TCE)] has restrooms and floor drains that are plumbed into the onsite septic system. Over time, TCE from manufacturing processes and equipment cleaning migrates into the septic system, contaminating the sludge.

TCE is a listed hazardous waste. It’s also toxic, making it a characteristic waste.

So, the tank sludge in this case could be classified as F002 (listed hazardous waste) and/or D040 (characteristic hazardous waste for toxicity) (see source). And thereby, it must be managed as RCRA hazardous. And a uniform hazardous waste manifest is required for its offsite transportation (i.e., e-Manifest). (See Q.5)

3. What are EPA regulations for septic waste disposal?

• Regarding small systems, as septage isn’t considered RCRA hazardous, the EPA doesn’t stick its nose directly into typical home septic systems.Instead, they’re generally governed by state and local agencies, which issue construction and operating permits and enforce standards to protect public health and water quality (see source).Not to worry, though. The EPA offers a range of guidance materials—both voluntary and regulatory—for your perusal (see Q.7), as well as “a suite of best practices” to protect   water quality (see Q.8).
• Regarding larger systems, federal regulations apply to:
  • Large-capacity systems (q.v. Safe Drinking Water Act’s Class V Underground Injection Well Program)
  • Systems discharging into surface waters [q.v. permitting requirements Clean Water Act National Pollutant Discharge Elimination System (NPDES)]
  • Disposal and/or reuse of sewage, sludge, & septage (q.v. 40 CFR Part 503 under the Clean Water Act)(See main source)

4. What manifests and sampling logs are required for lawful transport and discharge of septic waste?

Specific manifest and sampling log requirements depend on whether a septic waste is classified as hazardous or nonhazardous and vary significantly by state and local jurisdiction. Always consult the relevant regulatory agencies to ensure compliance. Better yet: get expert advice. In general:

• If the septage is nonhazardous, transporters typically must be state-licensed, and they must record disposal activities, including details about the service location, waste type, quantity, and disposal.
• If the septage is hazardous, a Uniform Hazardous Waste Manifest (e-Manifest) is required by the EPA and DOT, tracking the waste from its generation to its final disposal, including details about the waste, handling, and signatures from all parties involved. (See Q.5)
• In some states, sampling logs might be required in specific situations. E.g., when applying septage to soil as fertilizer.

5. Is the e-Manifest system used for septic waste?

In general, no. Septage isn’t considered RCRA hazardous. Therefore, it’s not subject to e‑Manifest requirements (see source).

However, if septage contains a listed or characteristic waste, then it must be managed as RCRA hazardous, and it’s therefore subject to e-Manifest requirements. (See Q.6)

6. What are wastewater hauling permits?

Wastewater hauling permits are authorizations that allow individuals or businesses to transport wastewater from one location to another, usually for disposal or treatment. As such, they’re typically required for businesses or individuals who handle and transport septage and/or septic wastewater.

The specific requirements for obtaining wastewater hauling permits vary depending on the local jurisdiction. They’re typically issued by state or local environmental agencies, or by publicly owned treatment works (POTWs).

In sum, you should get expert advice about local requirements before hiring someone to empty your septic system, as failure to comply with the permit requirements can result in you paying fines and penalties, thanks to your cradle-to-grave EPA responsibilities.

7. What guidance materials does the EPA provide concerning septic systems?

The EPA offers various guidance materials, some voluntary, some not-so-much. Among the offerings:

Voluntary national guidelines for managing onsite or decentralized wastewater systems. E.g., site planning, maintenance, and community programs (see source).

Technical handbooks for local officials and tribal nations (ibid):

• Fact sheets on septic systems regulated as Class V wells and the dangers of cesspools US EPA.
• A Plain English Guide to the EPA Part 503 Biosolids Rule (Could we make that up? It’s ostensibly the eye-opener you need for interpreting sludge disposal requirements: a 31-year-old PDF that you can download. Alternatively, you can get fresher expert advice.)

8. What best practices does the EPA recommend to protect water quality?

The EPA recommends the following practices to protect water quality. And ignoring EPA “recommendations” seldom ends well. That said, the EPA opines:

• Minimum distances between septic systems and wells or surface waters should be 50 to 100 ft.; 10 to 20 ft. between septic systems and buildings; and 5 to 10 ft. between septic systems and property lines.
• Septic systems should be inspected and pumped out every 3–5 years (see source).
• Avoid using garbage disposals, phosphate detergents, or harsh chemical additives, which can harm bacteria essential to the septic system as well as contaminate groundwater (see source). (See Q.9)
• Use advanced treatment systems such as constructed wetlands or denitrification setups) in areas where nitrogen pollution is a concern (see source).

9. Why are bacteria essential to a septic system?

Anaerobic bacteria, which thrive in the absence of oxygen, are essential to the functioning of septic systems, as the little critters like to dine on organic waste (e.g., feces), which is a palate precious few other animals demonstrate, except the occasional coprophagous dog.

So doing, they break down solid waste, reducing solids, and thereby producing the liquid effluent that finds its way into the system’s drain field, where it continues to break down and get filtered of contaminants.

Ergo, if bacteria are killed off by phosphate detergents or harsh chemical additives, the system can fail, causing backups and/or environmental contamination.

10. What is the 503 Rule for biosolids?

“The 503 Rule” is shorthand for U.S. federal regulation 40 CFR Part 503. It establishes standards for the use and disposal of biosolids, which (of course) include septic waste. It chiefly applies to sewage sludge applied to soil for fertilization or conditioning, as well as biosolids placed in landfills or incinerated.

The rule includes:

• Specific limits on the amounts of certain pollutants allowed in biosolids
• Requirements to reduce pathogens in biosolids
• Measures to minimize the attraction of disease-carrying insects and rodents
• Guidelines for how biosolids should be handled, stored, and applied
• Requirements for tracking and documenting biosolid management

The 503 Rule is self-implementing, which means its requirements must be met regardless of whether a permit has been issued. I.e., the EPA can take enforcement action against you if you’re out of compliance—permit or not.

11. What are the state-by-state permit variations regarding the 503 Rule for biosolids?

Section 405(d) of the Clean Water Act requires the EPA to set standards for biosolids use and disposal, which led to the aforementioned 503 Rule. Nonetheless, states can implement more stringent regulations for biosolids permits—and they often do. Such variations might involve:

• Permitting authority. E.g., Arizona, Idaho, Michigan, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wisconsin are authorized to issue their own biosolids permits— usurping the federal authority—through something called the NPDES Program, aka National Pollutant Discharge Elimination System.
• PFAS regulations. E.g., Michigan, Wisconsin, Colorado, Massachusetts, New Hampshire, and Vermont, require testing for PFAS in biosolids. Delaware and North Carolina aren’t far behind.
• Amounts & frequency. Some states more strictly regulate biosolids application to soil than others. E.g., application rates & frequencies in Arizona are dependent on pathogen reduction levels and pollutant loading requirements. Additionally, the Grand Canyon State also has limitations on harvesting food crops from land where biosolids don’t meet Class A pathogen reduction requirements.
• Local regulations. In some states, various cities, counties, and other jurisdictions have their own stricter regulations or even outright bans on biosolids application. E.g., Arizona, Colorado, Massachusetts, Michigan, Minnesota, New Hampshire, New York, North Carolina, Tennessee, and Texas.

12. Where can you get help complying with federal, state, and local laws concerning septage?

Hazardous Waste Experts offers you unsurpassed experience & expertise providing safe, compliant, and efficient management of both hazardous and nonhazardous septic waste, including collection, transportation, and disposal—all in compliance with local, state, and federal regulations, no matter in which U.S. state you might be located.

Whether you’re managing an industrial facility, a commercial site, or a remote location, we offer tailored solutions that prioritize safety, environmental responsibility, and minimal disruption to your operations.

Trust us to handle the complexities of septic waste management—so you can focus on running your business.

Get expert advice today. Or call our new number at 425-414-3485.

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