Mich. Admin. Code R. 299.4111 - Nondetrimental material managed for agricultural or silvicultural use; conditions for exemption as solid waste
Rule 111.
(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 299.4118a 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.
Notes
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