Ala. Admin. Code r. 335-13-16-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-16-.03 - Specific Requirements For Land Application Of By-Product Materials

(1) By-product materials may be eligible for consideration for land application under this rule, where such materials meet the following requirements:

(a) The material, proposed for beneficial use, must be a "by-product" as defined in 335-13-16-.02; and

(b) The by-product material proposed for beneficial use must:

1. Be characterized [as required by ADEM Admin. Code r. 335-13-16-.04(2)(c)10.] ;

2. Possess physical and/or chemical properties which make the material suitable for the intended agronomic application rate as defined in ADEM Admin. Code r. 335-13-16-.02; and

3. Not be a hazardous waste as defined in ADEM Admin. Code r. 335-14-1-.02.

(2) Residential End-Users are exempt from this chapter unless an immediate threat to human health or the environment is observed in association with this use.

(3) Generators and/or Distributors conducting Mine-Land Recovery activities must utilize biosolids, as defined in this chapter, and must adhere to all applicable requirements of 40 C.F.R. § 503.

(4) The proposed beneficial use must conform to the following use-specific standards:

(a) The proposed beneficial use must utilize a by-product that serves as a suitable replacement for a raw material or other feedstock and, through its use, provides a benefit comparable to the material it is proposed to replace;

(b) The proposed beneficial use of by-product material must not be managed in a manner that constitutes discarding or disposal as provided in ADEM Admin. Code r. 335-13-16-.04(8)(c);

(c) An Operations Plan (OP) and a Nutrient Management Plan (NMP) are required for the site or sites where by-product materials will be applied. These plans are to be amended as application site locations or conditions change. The amended plan must be submitted in accordance with ADEM Admin. Code r. 335-13-16-.04(5)(b), except as provided below:

1. An NMP is not required for properties on which only Class A Biosolids (e.g. not mixed with other materials) are land applied; and

2. An exemption from the development of an NMP may be requested for an industrial by-product. This request must include by-product characterization as required by ADEM Admin. Code r. 335-13-16-.07(3). An industrial by-product proposed to be exempted from the requirement for a NMP may include materials from privately owned industrial facilities which treat self-generated industrial wastewater, and shall not contain the following:

(i) FPR material;

(ii) Material that is generated or treated by publicly owned or privately owned treatment works treating domestic sewage and municipal wastewater; or

(iii) Hazardous waste as defined in ADEM Admin. Code r. 335-14-1-.02.

(d) Distributors who do not own the property on which the by-product material is proposed to be utilized shall obtain written consent from the landowner prior to the land application of by-product material. The Distributor must provide the landowner information including the material characterization as required by ADEM Admin. Code r. 335-13-16-.07(3), any potential odor issues, and any crop restrictions; and

(e) These rules and regulations do not supersede any other state or federal regulations regarding beneficial use or waste disposal. Persons generating or utilizing beneficially used by-product materials shall comply with this chapter and any other applicable state and federal rules and regulations.

(5) The placement, dumping, disposal, or other use of a by-product material in a manner inconsistent with the requirements of this chapter may be considered an unauthorized dump as defined in ADEM Admin Code r. 335-13-1-.03. The responsible party may be subject to revocation of the Registration and enforcement action by the Department in accordance with ADEM Admin. Code r. 335-13-1-.13.

(6) Land application of by-product materials regulated by the following are exempt from the requirements of this chapter:

(a) ADEM Admin. Code chap. 335-6-8 (Ground Water - and - Underground Injection Control);

(b) ADEM Admin. Code chap. 335-6-7 (.Animal Mortality Management Requirements for Owners and Operators of Animal Feeding Operations (AFOs) and Concentrated Animal Feeding Operations (CAFOs); and

(c) Products licensed by the Alabama Department of Agriculture and Industries as a commercial fertilizer, fertilizer material, soil conditioner, or soil amendment or permitted by the Alabama Department of Agriculture and Industries as a liming material.

Ala. Admin. Code r. 335-13-16-.03

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022.

Authors: S. Scott Story, Richard T. Kelsey

Statutory Authority: Code of Ala. 1975, §§ 22-27-9, 22-27-12.