A. A person who
prepares biosolids shall collect and retain the following information for at
least five years:
1. The date, time, and
method used for each sampling activity and the identity of the person
collecting the sample;
2. The date,
time, and method used for each sample analysis and the identity of the person
conducting the analysis;
3. The
results of all analyses of pollutants regulated under
R18-9-1005 and organic and
ammonium nitrogen to comply with
R18-9-1007(A)(7);
4. The results of all pathogen density
analyses and applicable descriptions of the methods used for pathogen treatment
in
R18-9-1006;
5. A description of the methods used, if any,
and the operating values and ranges observed in any pre-land application,
vector attraction reduction activities required in
R18-9-1010(A);
and
6. For the records described in
subsections (A)(1) through (A)(5), the following certification statement signed
by a responsible official of the person who prepares the biosolids:
"I certify, under penalty of law, that the pollutant analyses
and the description of pathogen treatment and vector attraction reduction
activities have been made under my direction and supervision and under a system
designed to ensure that qualified personnel properly gather and evaluate the
information used to determine whether the applicable biosolids requirements
have been met. I am aware that there are significant penalties for false
certification including the possibility of fine and imprisonment."
B. An applicator of
bulk biosolids, except exceptional quality biosolids, shall collect the
following information for each land application site, and, except as indicated
in subsection (B)(6), shall retain this information for at least five years:
1. The location of each site, by either
street address or latitude and longitude;
2. The number of acres or hectares;
3. The date and time the biosolids were
applied;
4. The amount of biosolids
(in dry metric tons);
5. The
biosolids loading rates for domestic septage and other biosolids with less than
10 percent solids in tons or kilograms of biosolids per acre or hectare and in
gallons per acre and the biosolids loading rates for other biosolids in tons or
kilograms of biosolids per acre or hectare;
6. The cumulative pollutant levels of each
regulated pollutant (in tons or kilograms per acre or hectare). The applicator
shall retain these records permanently;
7. The results of all pathogen density
analyses and applicable descriptions of the methods used for pathogen treatment
in
R18-9-1006;
8. A description of the activities and
measures used to ensure compliance with the management practices in
R18-9-1007 and
R18-9-1008, including information
regarding the amount of nitrogen required for the crop grown on each
site;
9. If vector attraction
reduction was not met by the person who prepares the biosolids, a description
of the vector attraction reduction activities used by the applicator to ensure
compliance with the requirements in
R18-9-1010;
10. A description of any applicable site
restriction imposed by in
R18-9-1009 if biosolids with Class
B pathogen reduction have been applied and documentation that the applicator
has notified the land owner and lessee of these restrictions;
11. For the records described in subsections
(B)(1) through (B)(8), the following certification statement signed by a
responsible official of the applicator of the biosolids:
"I certify, under penalty of law, that the information and
descriptions, have been made under my direction and supervision and under a
system designed to ensure that qualified personnel properly gather and evaluate
the information used to determine whether the applicable biosolids requirements
have been met. I am aware that there are significant penalties for false
certification including the possibility of fine and imprisonment."
12. The information in subsections
(A)(1) through (A)(6) if the person who prepares the biosolids is not located
in this state.
C. All
records required for retention under this Section are subject to periodic
inspection and copying by the Department.
D. If there is unresolved litigation,
including enforcement, concerning the activities documented by the records
required in this Section, the period of record retention shall be extended
pending final resolution of the litigation.
