1. (1) Notification of intent to land apply at a given registered location shall be electronically submitted to the Department by the registered Distributor at least forty-eight(48) hours before land application activity begins, and at a minimum shall contain the following:

   1. (a) Physical address of site(s), along with GPS coordinates in decimal degrees;
   2. (b) Material being land applied to the site(s); and
   3. (c) Expected duration of land application and associated activities for the site(s).
2. (2) After all activity has concluded at the site(s), notification of completion of land application and associated activities at a given location shall be electronically submitted to the Department within seven (7) calendar days.
3. (3) All transport and application site staging of FPR material shall be in closed container(s). Container(s) shall be kept closed unless adding or removing material, until land applied in accordance with these regulations.

4. (4) By-product material storage, application site staging, and land application areas shall be:

   1. (a) Located a minimum of one hundred (100) feet from public roads and right of ways (excluding land application of Class A Biosolids);
   2. (b) Located a minimum of five hundred (500) feet from public and private drinking water wells;
   3. (c) Located a minimum of five hundred (500) feet from any inhabitable building. Exceptions to this requirement are allowed for on-site structures occupied by the landowner or farm operator, Class A Biosolids, and industrial by-products for which an NMP is not required pursuant to ADEM Admin. Code r. 335-13-16-.03(4)(c)1. and 2.;
   4. (d) Located a minimum of one hundred (100) feet from surface waters of the State, as defined in ADEM Admin. Code r. 335-6-10-.02, measured from the ordinary high-water mark; and
   5. (e) Located a minimum of one hundred (100) feet from the property boundary. This requirement does not apply to Class A Biosolids and internal parcel/property boundaries of Multi-Owner Properties, as defined by ADEM Admin. Code r. 335-13-16-.02.
5. (5) By-products to be land applied shall not exceed the ceiling concentration limits established in ADEM Admin. Code r. 335-13-16-Appendix I.
6. (6) Limitations may be placed on the agronomic application rates by the Department when determined necessary to protect human health and the environment.

Author: S. Scott Story, Richard T. Kelsey

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

History: New Rule: Published February 28, 2020; effective April 13, 2020. Repealed and New Rule: Published June 30, 2022; effective August 14, 2022.