Ga. Comp. R. & Regs. R. 40-31-3-.01 - Nutrient Management Plan Required

(1) The registrant, the registrant's product control contractor, and the landowner, as applicable, must ensure a nutrient management plan is procured for each site where an IBD soil amendment will be applied, and must ensure the nutrient management plan is amended as required.

(a) No registrant or product control contractor may apply an IBD soil amendment to a site until forty-eight hours after a nutrient management plan is obtained for the site.

(b) The registrant, the registrant's product control contractor, and the landowner, as applicable, must each ensure the nutrient management plan for a site is submitted to the Commissioner prior to application at that site.

(c) Registrants, product control contractors, and landowners distributing, transporting, storing, or applying IBD soil amendments registered prior to the adoption of this Subject must achieve compliance with this Subject within ninety days of its effective date.

(2) An NMP prepared pursuant to this Subject must be amended within sixty days to reflect changes in crops grown at the site, IBD soil amendments applied, soil amendment application methods, application site locations, or material site conditions.

(a) In addition to amendments required to reflect changes at an application site, an annual farm assessment must be completed for any site continuing to receive IBD soil amendments beyond the calendar year in which the initial NMP was prepared. This reassessment must include, at minimum, new analyses of soil and soil amendments as described in Ga. Comp. R. and Regs. r. 40-31-3-.04 and 40-31-3-.05.

(3) Registrants, product control contractors, and landowners, as applicable, shall be exempt from compliance with this Subject for sites receiving, storing, or applying only IBD soil amendments:

(a) Constituting biosolids treated to Class A or exceptional quality sludge standards in accordance with a sludge management plan approved under a permit issued by EPD;

(b) Constituting compost produced by a Class I, II, or III composting or anaerobic digester facility in accordance with rules enforced by or a permit issued by EPD; or

(c) Constituting forest products or soil amendments derived from industrial by-products generated solely from forest products, excluding chemical by-products of pulp digestion, slates, clays, shells, gypsum, and lime.

Notes

Ga. Comp. R. & Regs. R. 40-31-3-.01

O.C.G.A. § 2-12-80.

Original Rule entitled "Nutrient Management Plan Required" adopted. F. Dec. 7, 2022; eff. Dec. 27, 2022.