Ga. Comp. R. & Regs. R. 40-31-2-.03 - Control of Industrial By-product Derived Soil Amendments

(1) The registrant of an IBD soil amendment must distribute, store, transport, and apply the IBD soil amendment through the registrant's own action or pursuant to a written agreement with one or more product control contractors for the distribution, storage, transport, or application of the registrant's soil amendment.

(2) If a registrant utilizes one or more product control contractors for the distribution, storage, transportation, or land application of an IBD soil amendment, then the registrant must ensure the following:

(a) That each product control contractor is under written agreement to comply with the provisions of the Act and this Chapter;

(b) That each product control contractor possesses the necessary knowledge, skills, and equipment to comply with the provisions of the Act and this Chapter;

(c) That each product control contractor is directed by the registrant as an agent of the registrant;

(d) That each product control contractor is audited by the registrant at least twice per calendar year for operational compliance with the Act and this Chapter during the duration of the written agreement; and

(e) That if the product control contractor utilizes a subcontractor, that the product control contractor does so pursuant to a written agreement that requires the subcontractor operate by the same standards required of the product control contractor pursuant to this Chapter.

(3) If a registrant utilizes a product control contractor for the distribution, storage, transportation, or application of an IBD soil amendment, then the registrant must retain a copy of all written agreements with that product control contractor for two years following the termination or expiration of the written agreement. A registrant must provide written agreements with product control contractors to the Department upon request.

(4) Each registrant, either through the registrant's own action or through the action of a product control contractor, must provide any landowner that receives one or more IBD soil amendments with a physical or electronic copy the Act and this Chapter no later than the initial distribution of an IBD soil amendment.

Notes

Ga. Comp. R. & Regs. R. 40-31-2-.03

O.C.G.A. § 2-12-80.

Original Rule entitled "Control of Industrial By-product Derived Soil Amendments" adopted. F. Dec. 7, 2022; eff. Dec. 27, 2022.