OFFICIAL GAZZETTE NO: 24609 DATE: 10.12.2001 From the Ministry of Environment Soil Pollution Control Regulation SECTION ONE Objective, Scope Legal Stands and Definitions Purpose Article 1- The objective of this Regulation is to set out the principles of taking required measures in harmony with the sustainable development targets, for the prevention of the soil pollution as receptor media. Scope Article 2- The purpose of this Regulation comprises the technical, administrational principles and legal sanctions regarding the use of treatment sludge and compost arising as a result of the activities causing soil pollution, discharge, disposal and leakage of the dangerous substances to the soil and purification of the household waste and industrial waste having household waste qualities. Legal Foundation Article 3- This Regulation was prepared as required by the Environment Law, date 9/8/1983 and no 2872, Article 8 and Decree in Law no 433 regarding the Establishment and Duties of the Ministry of Environment, Articles 2 and 9. Definitions Article 4- The terms used in this Regulation are defined as fallows: Ministry : Ministry of Environment , Law : Environment Law no 2872, date 9/8/1983, Waste: a) All the substances confined to the Waste, Wastewater, Industrial Wastewater, Household Wastewater, Fecal Waste and Organic Waste, definitions included to the 2 nd Article of the Water Pollution Control Regulation published in the Official Gazzette, date 14 March 1988 and number 19919, b) All the substances confined to the Solid Waste, Grain Solid Waste, Household Solid Waste (trash) and Harmful and Dangerous Waste included to the Solid Waste Control Regulation definitions 3 rd Article, published in the Official Gazzette, date 14 March 1991 and number 20814, c) All the substances confined to the Medical Waste, Wastes having Household Waste qualities, Pathogenic Waste and Pathological Waste definitions included to the Medical Wastes Control Regulation published in the Official Gazzette, date 20 May 1993 and number 21586, d) All the substances confined to the Dangerous Waste definition included to the 4 th Article of the Dangerous Waste Control Regulation published in the Official Gazzette, date 27 August 1995 and number 22387, determined by the regulations prepared depending on the Environment Treatment Sludge : All the substances confined to the 3rd Article of the Solid Waste Control Regulation based on the Environment Law no 2872 and published in the Official Gazzette date 14 March 1991 and number 20814, Processed Treatment Sludge : The treatment sludge stabilized and disinfected by methods such as biological, heat treatment, drying, composting or prolonged storage for the purpose of alleviating the possible impacts on the environment and human health, Sludge : The sludge remaining from the household or urban wastewater treatment plants and treatment plants treating the household wastewater and industrial wastewater having the characteristics of household wastewater and sludge arising from septic tanks and similar plants, Oven-Dry Soil : The soil mass fixed to constant weight after being dried up at 105 ºC in the oven, Fertilizer : The mineral and organic nutrients added to the soil for the purpose of increasing the productivity of cultivated soils, rehabilitating the soil structure and increasing the quality and quantity of crops, Compost : The soil rehabilitating material produced by segregation of the organic based solid wastes in aerobic an anaerobic environments Dry Material : The quantity of solid material remaining from the drying up of the treatment sludge or compost at 103 ºC in the oven for approximately 24 hours until it reaches a constant weight. Soil : An easily destroyable, irreproducible living and nature source covering the earth as a thin layer and formed as a result of the decomposition and segregation of rocks and organic residues, Soil Pollution : Following the contamination of the soil by certain components formed especially as a result of human activities, abnormal functioning at a level to toxically affect and harm the plants grown on the living things living in the soil or living things fed on these plants, excessing of the chemical material added to the soil over the assimilation capacity of the soil, decline of the productivity capacity of the soil, Dangerous Material: All the substances confined to the harmful substance definitions included to the Dangerous Substances Regulation Article 4 published in the Official Gazzette date 11 July 1993 and number 21634 and Water Pollution Control Regulation Article 2 published in the Official Gazzette date 04 September 1988 and number 19919, prepared depending on the Environment Law no 2872, Burning Loss : The amount of burned or lost material as a result of burning of the treatment sludge or compost in the ash oven at 775 C for 3 hours after they are dried up SECTION TWO Obligations Regarding the Prevention of Soil Pollution General Obligations Article 5 - It is a requirement to obey the limit values and obligations stipulated by this Regulation from the point of view of soil pollution. The ministry locates the areas where soil pollution exists, determines the measures to be taken and get them applied. Soil Polluters Limit Values Article 6 - Soil polluters limit values have been given in ANNEX I-A and ANNEX I-B. Obligations Regarding the Prevention of Soil Pollution Article 7 - The obligations regarding the prevention of soil pollution are indicated below; a) Storage and discharge of every kind of waste and dangerous material to the soil in contradiction with the limit values provided in ANNEX I-A and ANNEX I-B. b) Polluted land is cleaned by the people who cause this pollution and the analyses of the parameters requested by the Ministry that have been provided by ANNEX I-A and ANNEX I-B and this situation is authenticated by a report. c) It is required to perform the processed treatment sludge, compost and soil sampling methods and parameter analyses in accordance with the Turkish Standards Institute Sampling and Analysis Methods or internationally accepted standard sampling analysis methods. d) Addition and use of the agricultural medicines that have not been licensed by the Ministry of Agriculture and Rural Affairs and cancerogen substances to the soil, is forbidden. e) Those who produce, import and market the agricultural inputs and use the land as raw material are in charge of selecting technologies and processes that will not cause soil pollution. f) Principles and bans regarding the land usage and their supervision are coordinated by the Turkish General Staff and also determined by the Ministry and Ministry of National Defense. SECTION THREE Use of Unprocessed Sludge, Processed Treatment Sludge and Compost on Soil. Use of Unprocessed Treatment Sludge on Soil Article 8 - In order that the processed treatment sludge produced in consequence of the treatment of the household waste water and industrial waste water having the characteristics of the household waste water and not exceeding the limit values provided by ANNEX II, can be used on the soil ; a) From the private and official institutions operating the treatment plant, it is a requirement for those that have daily up to 50 tons of dry sludge amount, to certify the analyses of the parameters for the processed treatment sludge to be used in the land provided in the Treatment Sludge Analysis Certificate included to ANNEX V, once every 6 months and for those that have dry sludge more than 50 tons, to certify once every 3 months. b) The use of processed treatment sludges on soil is subject to the permit to be issued by the Ministry. The processed treatment sludge producers makes a request to the Ministry for a Treatment Sludge Use Permit for the treatment sludge they will launch, by certifying the analysis of the said treatment sludge with ANNEX V and the analyses of the soil to be applied with ANNEX IV. The application is evaluated by the Ministry and the permit (ANNEX VI) is issued for one year. Approvals of the related organizations and institutions are requested for the applications made for the use of processed treatment sludges in agricultural and forestry areas. c) It is a requirement for the private and official institutions that operate the treatment plant to certify the analyses of the parameters for the processed treatment sludge included to the Soil Analysis Certificate in ANNEX IV, once every 6 months. d) The private and official institutions operating the treatment plant, are obliged to prepare the instructions books for the processed treatment sludge to be used on the soil and provide the users with these books. Use Limits and Bans of the Unprocessed Sludge and Processed Treatment Sludge Article 9 - It is required to obey the below specified restrictions and bans in the use of unprocessed treatment sludge and processed treatment sludge. a) Use of unprocessed sludge for vegetable and fruit agriculture, field, forestry, rangelands and grazing lands is forbidden. b) Use of processed treatment sludge for the production of fruits and vegetables touching soil and consumed as raw is forbidden. c) In order that the processed treatment sludge can be used in the soil, it should not exceed the values provided in ANNEX II. d) The heavy metal content in the soil that processed treatment sludge will be applied to, should not exceed the values provided in ANNEX I-A. e) If the processed treatment sludge is applied to the soil every year within a 10 year time period, the maximum heavy metal amounts that can be added to the soil should not exceed the values provided in ANNEX III. f) Application of the processed treatment sludge to areas at least 10 meters close to the surface waters and irrigated lands is forbidden. g) Application of the processed treatment sludge in flooded, frosted and snow covered areas is forbidden. Use of Compost on Soil Article 10 - In order that the compost can be used for the soil; a) Compost needs to be hygienically perfect, and should not threaten the human and all living things’ health, b) If the C/N proportion is bigger than 35, application of nitrogen feeding on the compost should be performed in the reactor in order that the compost reaction could occur at optimum conditions. c) The organic matter content of the compost to be used for soil improvement should be at least 35 % of the dry matter. d) The water content proportion of the compost to be marketed should not exceed 50 %. e) The selectible matters such as glass, cinder, metal, plastic, rubber and leather in the compost to be marketed should not exceed 2 % in total weight. f) The heavy metal content of the produced compost should be analyzed with at last 3 month intervals from the aspect of the lead, cadmium, chrome, nickel, mercury and zinc it contains. g) In the land where the compost is to be used the pH value of the soil should be analyzed from the aspect of the lead, cadmium, chrome, nickel, mercury and zinc it contains. h) Samples should be taken in conformity with appropriate methods and techniques and they should represent the whole mass. ı) In case the heavy metal contents in soil exceed the values provided in ANNEX I-A, in the result of soil analyses, the compost should not be used in the subject matter land. j) In case the compost is used in the land every year within a 10 year time period, the load to be incurred on the land should not exceed the values to be provided in ANNEX III. SECTION FOUR Principles and Sanctions Regarding Encouragement, Training and Supervision Encouragement and Principles Regarding Training Article 11- Under the coordination of the Ministry, the Ministry of Agriculture and Rural Affairs, General Directorate of Rural Services, the Ministry of Forestry, the highest local authority and municipalities, engage in encouraging activities such as; a) Initiation of biological struggle, genetical struggle, biotechnological struggle, cultural measures, enduring species, physical and mechanical struggles from the alternative struggle methods for chemical struggle within the integrated struggle principles; b) Utilization of the livestock manure for fertilization; c) Based on soil analysis, utilization of the most appropriate fertilizer and agricultural medicine for the subject matter soil; d) Utilization of the most effective medicine, considering the land structure, formulation of the effective medicine and similar features, in cases when agricultural struggle is inevitable; e) Use of microbial fertilizers. f) Prevention of soil pollution and training of farmers and stakeholders regarding the use of soil. Supervision Article 12 - In compliance with this article any usage of the treatment sludge on the soil and soil pollution supervision is performed by the articles of the related law. The institution, organization, administration, land owners and administrators are in charge of; a) Issuing permits for real assets (property) to the authorized persons, b) Issuing permits for sample taking and on-site measurements to the authorized persons, c) Providing the authorized persons with the information they request. The costs of the experiments performed with regard to the supervision procedures and measurements are covered by the supervised institution, administration and land owners and administrators. The information and documents considered to be commercial secret, obtained during the inspections cannot be used for other purposes. Sanctions Article 13 - For those who do not fulfill the obligations specified by the Article 7, Clause (b) of this Regulation; Article 20, Clause (a) provisions are applied as required by the second paragraph of the Article 8 of the related Law and for those who do not fulfill the obligations specified by the other articles of the Regulation, Article 20, Clause (a) provisions are applied as required by the first paragraph of the Article 8 of the related Law. SECTION FIVE Final Provisions Temporary Article 1 - The real and judicial persons who use treatment sludge on soil are obliged to perform these analyses requested in article 8, within the 6 month transition period, or hire employees to perform these analyses and obtain necessary permissions from the Ministry, within the framework of the provisions foreseen by this Regulation. Effectiveness Article 14 - This Regulation will take effect on the date it is issued. Enforcement Article 15 - The provisions of this Regulation are executed by the Minister of Environment. ANNEX-I LIMIT VALUES OF SOIL POLLUTANTS A) Heavy Metal Limit Values Heavy Metal PH≤ 6 mg/kg oven dry soil PH≥ 6 mg/kg oven dry soil Lead 50** 300 ** Cadmium 1** Chrome 100** 100 ** Copper 50 ** 140 ** Nickel 30 ** 75 Zinc Mercury 150 ** 1 ** 300 ** 1,5 ** 3 ** ** If the pH value is bigger than 7, the Ministry can increase the limit values up to 50 %. ● In areas where feed plants are grown, in case it is proven by scientific reports that it does not cause any damage to the environment and human health, those limit values may be allowed to be exceeded. B) Other Pollutant Parameters in Soil. Pollutant Matters Chloride Ion (mg Cl/l) (Total) Sodium (mg Na/l) " Cobalt (Co) (mg/kg oven dry soil) Arsenic (As) " Molibden (Mo) " Tin (Sn) " Barium (Ba) " Floride " Free cyanide (CN) " Complex cyanide (CN) " Sulphite (S) " Brome (Br) " Benzene " Butyl benzene " Toliol " Xylol " Phenol " Limit Values 25 125 20 20 10 20 200 200 1 5 2 20 0.05 0.05 0.05 0.05 0.05 Selenium (Se) " Talium (Tl) " Uranium (U) " Polycyclic aromatic hydrocarbon components Organo Chlorynated compounds " " 5 1 5 5 0.5 Agricultural Struggle Medicines-Individual " Agricultural Struggle Medicines-Total " PCB Polichlorated biphenils " 0.5 2 0.5 Hexachloro benzol 0.1 " Pentachloro benzol Ψ - HCH (lindan) " " 0.1 0.1 ANNEX - II MAXIMUM HEAVY METAL CONTENTS TO BE ALLOWED IN THE TREATMENT SLUDGE TO BE USED IN AGRICULTURAL LAND Heavy Metal Contents Lead Cadmium Chrome Copper LimitValues (mg/kg oven dry soil) 1200 40 1200 1750 Nickel Zinc 400 4000 Mercury 25 ANNEX-III HEAVY METAL LOADS WHICH MAY BE ADDED TO THE AGRICULTURAL LAND ANNUALLY, BASED ON A 10 YEAR AVERAGE Heavy Metal Lead * Cadmium Chrome * Copper * Nickel * Zinc * Mercury Limit Load Value (gr/da/year) 1500 15 1500 1200 300 3000 10 * If there is at least a 3 month period between the use of treatment sludge on agricultural land and harvesting time, these values may be increased by up to 5 %, excluding mercury and cadmium, through discussions with related institutions. **These limit values may be allowed to be exceeded in cases when it is scientifically proven that they are not harmful to the environment and human health in the areas where feed plants are grown. ANNEX- IV SOIL ANALYSIS CERTIFICATE Province County Village Activities Lead by (First, Last Name) Origin of Soil Samples Depth Soil Samples are taken from in the agricultural land Activity Type Date Sample Taken Name of the Person Who Takes Samples Fertilizers Type Applied to the Amount Agricultural Application Method Land Application Time Origin of the Irrigation Water Irrigating Method Amount of Water Added to the Agricultural Land in one irrigation Parcel No Parcel Size Address Soil Analyses Lead (Pb) (mg/kg Oven Dry Soil) Cadmium ( Cd ) " Chrome (Cr+3) " Copper (Cu) " Nickel (Ni ) " Mercury (Hg) " Zinc (Zn) " Nitrogen (N) " Phosphorus (P) " PH Electrical Conductivity (EC) (ms/mc) Explanation: Analyzed by Results Analyzed by Approved by Analysis Method Checked by ANNEX-V TREATMENT SLUDGE ANALYSIS CERTIFICATE Heavy Metals Lead (Pb) (mg/kg Oven Dry Soil) Cadmium (Cd) " Chrome (Cr) " Copper (Cu) " Nickel (Ni) " Mercury (Hg) " Zinc (Zn) " Nitrogen (N) " Phosphorus (P) " PH Electrical Conductivity (EC) ms/cm C/N Dry Matter Combustion Losses Explanation : Analyzed by Treatment Sludge Analysis Analyzed by Checked by Approved by ANNEX- VI TREATMENT SLUDGE USE PERMIT Use Permit Application Treatment Sludge Manufacturer’s The agricultural land to be used Date :...../..../..... Date :..../..../...... No:.......... No:.......... First Name, Last Name Commercial Title Address Block No Parcel No Area Treatment Sludge Amount Allowed to be used (ton(s)) This permit has been issued to the applicant whose first name/last name and commercial title is written above, with reference to the Soil Pollution Control Regulation, Article 8, published in the Official Gazette dated 10/12/2001, with No: 24609.