Section R18-9-1009. Site Restrictions

A.      The following site restrictions apply to land where biosolids, which do not meet the Class A pathogen reduction require- ments established in R18-9-1006, are land-applied.

1.        A person shall not:

a.         Harvest food crop parts that touch the biosolids, or biosolids and soil mixture, but otherwise grow above the land’s surface for 14 months following application;

b.        Harvest food crop parts growing in or below the land’s surface for 20 months following application if the biosolids remain unincorporated on the land’s surface for four months or more;

c.         Harvest food crop parts growing in or below the land’s surface for 38 months following application if the biosolids remain on the land’s surface for less than four months before incorporation;

d.        Harvest food, feed, and fiber crops for 30 days after application;

e.         Graze animals on the land for 30 days after applica- tion; or

f.         Harvest turf to be used at a public contact site or pri- vate residence for one year after application.

2.        A person shall restrict public access to:

a.         Public contact sites for one year after application, and

b.        Land with a low potential for public exposure for 30 days after application.

B.       If the vector attraction reduction requirement is met using the method:

1.     In R18-9-1010(C)(1) or R18-9-1010(C)(2), the require-

ments of subsection (A) apply to domestic septage applied to agricultural land, forests, or reclamation sites; or

2. In R18-9-1010(C)(3), the requirements of subsection (A)(1)(a) through (A)(1)(d) apply to domestic septage applied to agricultural land, forests, or reclamation sites.

C.      Once application is completed at a site, the applicator shall, in writing, provide the land owner and lessee with the following information:

1.        The cumulative pollutant loading at the site if it is greater than or equal to 90% of the available site capacity estab- lished in Table 4 of R18-9-1005;

2.        Any restriction established in this Section that applies to the property and the nature of the restriction; and

3.        The signature of a responsible official of the applicator on this document that includes the following statement:

“I certify under penalty of law, that the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for false representations, including fines and imprison- ment.”

D.      The land owner or lessee shall provide each applicator with a signature indicating receipt of the site restriction statement.

Historical Note

New Section recodified from R18-13-1509 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Sec- tion R18-9-1009 renumbered to R18-9-1010; new Sec- tion R18-9-1009 renumbered from R18-9-1008 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).