It depends on how the SWRF defines its service area and whether or not there is a county or township ordinance enacted that bans the land application of septage within that particular governmental jurisdiction.
The service area is defined in Sec. 11701(s) of Part 117. Basically it says that the service area cannot exceed a 15 radial mile area around the center of the SWRF from this point in time through September 30, 2010, at which time the maximum service area can extend up to, but not more than, 25 radial miles from the center of the SWRF.
If the SWRF operating plan does not specifically state that a septage hauler’s permitted septage waste land application site(s) are prohibited within their service area, the licensed septage hauler may continue to use those sites to land apply their septage waste. The hauler can only land apply septage waste on those sites if it was pumped outside of a defined SWRF service area.
The disposal of septage at an EGLE authorized site must cease if the SWRF operating plan specifically prohibits the land application of septage waste at disposal sites that are located within their service area. An example of this can be found in the definition of the Leoni Township Septage SWRF located in Jackson County. A county ordinance was passed that requires all septage waste pumped in the county to go to the Leoni Township Septage SWRF.
In addition to the county ordinance, the 15 radial mile service area allowed under Part 117 captures a portion of Washtenaw County. The Jackson County service area, as defined in their operating plan, includes an area within Page 10 of 11 Washtenaw County. However, the haulers who pump within that service area in Washtenaw County are not obligated to take the septage to Leoni for treatment since the Jackson County ordinance does not apply to other counties. The hauler is only obligated to take the septage to a SWRF for treatment and is prohibited from land applying that septage.
If the licensed septage firm has any questions, they should check the SWRF service area prior to disposing septage on land.