Section 323.2408. Application of certain biosolids to certain areas prohibited; application of biosolids from more than 1 source or septage prohibited; applicators duty to obtain information; generator notification duty.

(1) A person shall not apply bulk biosolids subject to the cumulative pollutant loading rates specified in R 323.2409(5)(b) to agricultural land, a forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates specified in  R  323.2409(5)(b) have been reached.

(2)  A person shall not knowingly apply biosolids from more than 1 source or septage to the same land application site within the same crop year.

(3)   A person who applies biosolids to the land shall obtain information needed to comply with all of the following requirements:

(a)   Before a person applies bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) to the land, the person shall contact the state to determine whether  bulk  biosolids  subject  to   the cumulative pollutant loading rates in R 323.2409(5)(b) have been  applied  to the site since July 20, 1993, except when the

land  has  been  owned  by  the generator since July 20, 1993, and the cumulative loading rate is known.  The notification requirements in subrule (4) of this rule still apply.

(b)     If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have not been applied to the site since July 20, 1993, then a person may apply the cumulative amount for each pollutant listed in table 2 in R 323.2409(5)(b) to the site in accordance with R 323.2409(2)(a).

(c)     If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the site since July 20, 1993, and if the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, then a person shall use the cumulative amount of each pollutant applied to the site to determine  the   additional amount of each pollutant that can be applied to the site in accordance with R 323.2409(2)(a).

(d)     If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the site since July 20, 1993, and if the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, then a person shall not apply  an additional amount of  each  pollutant  to   the site in accordance  with R 323.2409(2)(a).

(4)      All  of  the  following  provisions  apply  to   notification  of  land application activity:

(a)  A generator or distributor shall provide written notification not less than 10 days before the initial land application activity at a site. A generator or distributor shall provide the notification to the surface water quality division district office, the county health department, and the city, village, or township clerk in the jurisdiction where land application sites are identified. The notification shall include a cover letter that sets forth all of the following information:

(i)   The proposed land application activity.

(ii)   The site location by latitude and longitude.

(iii)   A plat map identifying the site.

(iv)   The name and address of the property owner.

(v)   The name and address of the farm operator if different than the owner.

(vi)     A  record  of  biosolids  monitoring   information  on  a   standard  form  or  an acceptable summary containing all of the following:

(A)  The most current monitoring results for all of the following:

(1)   Arsenic.

(2)   Cadmium.

(3)   Copper.

(4)   Lead.

(5)   Mercury.

(6)   Molybdenum.

(7)   Nickel.

(8)   Selenium.

(9)   Zinc.

(B)  Applicable limitations.

(C)  The name, address, and phone number of the generator or distributor.

(b)   A generator or distributor shall promptly provide a copy of any  record required to be created under these rules to  the  appropriate  county  health department and the

city, village, or township clerk when biosolids subject to sections 3101, 3131, 3132, and 3133 of the act are applied to land in that local unit. The copy shall be delivered free of charge.

(c)   A person who prepares bulk biosolids that are applied to agricultural land, a forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids with written  notification  of  the concentration of the total nutrients, on a dry weight basis, in the bulk biosolids required to be monitored in R 323.2412(1).

(d)  If a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, then the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information to comply with  the  requirements this part.

(e)    If a person who prepares biosolids provides the biosolids to another person who prepares the biosolids, then the person who provides the biosolids shall provide the person who receives the biosolids notice and  necessary information to comply with the requirements in this part.

(f)    A person who applies bulk biosolids to the land shall provide the owner or leaseholder of the land on which the bulk biosolids are applied notice and necessary information to comply with the requirements in this part.

(g)   A person who land applies bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) shall provide written notice, before the initial application of bulk biosolids to a land application site by the applier, to the permitting authority for the state in which the bulk biosolids will be applied. The permitting authority shall retain, and provide access to, the notice. The notice shall include the following information:

(i)   The location, by latitude and longitude, of the land application site.

(ii)      The name, address, telephone number, and national pollutant discharge elimination system (NPDES) permit number, if appropriate, of the person who will apply the bulk biosolids.

History: 1999 AACS.