R 299.4111 Nondetrimental material managed for agricultural or silvicultural use; conditions for exemption as solid waste.

(_{Effective October 7, 1993; revised April 12, 1999)}

Rule111.

            (1)  A person shall not apply sludges, ashes, or other solid waste to the land without having obtained a license under the act, unless the director has approved a plan for managing the wastes as nondetrimental materials that are appropriate for agricultural or silvicultural use or has otherwise authorized the application under part 31 of the act.

            (2)  A plan for managing nondetrimental materials that are appropriate for agricultural or silvicultural use shall contain all of the following information:

                        (a)  Analytical data that is required under R 299.4118 to characterize the material.

                        (b)  Additional characteristics of the material applicable to its proposed use.  Wastes that are proposed for use as fertilizer shall be characterized by representative sampling and analysis for all of the following using analytical procedures that are specified by the EPA publication entitled “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods”, SW-846, 3rd edition, which is adopted by reference in R 299.4133, or the document entitled “Standard Methods for the Examination of Water and Wastewater,”

19th edition, which is adopted by reference in R 299.4139:

                                    (i)  Percent dry solids.

                                    (ii)  Total kjeldahl nitrogen.

                                    (iii)  Total ammonia nitrogen.

                                    (iv)  Nitrate nitrogen.

                                    (v)  Total phosphorus.

                                    (vi)  Specific gravity.

                                    (vii)  Chemical oxygen demand.

                                    (viii)  Five-day biological oxygen demand.

                                    (ix)  pH.

                        (c)  All of the following information to characterize the soil types at the application area or areas:

                                    (i)  Soil type.

                                    (ii)  Soil pH.

                                    (iii)  Lime index.

                                    (iv)  Cation exchange capacity.

                                    (v)  Proposed nutrient application rates.

                        (d)  The name and address and written approval of the titleholder of the land or lands.

                        (e)  The proposed application rate.

                        (f)  The proposed method of application, including the equipment to be used.

                        (g)  The method and frequency of soil tilling to be employed.

                        (h)  The type of vegetation to be maintained, and how it will be managed.

            (3)  The director shall approve a plan that is submitted under this rule if he or she finds that application of the material to the land will serve as an effective fertilizer or soil conditioner or serve another beneficial use and will be applied to the soil at an agronomic rate, but will not violate part 31 or part 55 of the act or any other state law and will not create a nuisance.

            (4)  The director shall approve or deny a plan that is submitted under this rule within 120 days of receiving a plan that contains the information specified in subrule (2) of this rule.  The director shall impose any conditions on a plan that are necessary to protect human health and the environment.