Ala. Admin. Code r. 335-13-16-.02

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

Section 335-13-16-.02 - Definitions

For the purpose of this chapter, the following terms have the meaning given below:

(1) "Agronomic Rate" means the land application of by-products at rates of application which provide the crop or forage growth with needed nutrients for optimum health and growth in accordance with acceptable industry technical standards and guidelines to ensure the protection of human health and the environment.

(2) "Beneficial Use" means the use of a by-product material as a soil amendment or fertilizer, where the by-product material replaces a natural or other resource material by its utilization.

(3) "Biosolids" are a solid, semi-solid or liquid residue generated during the treatment of domestic sewage in a treatment works. During this treatment process the domestic sewage is treated physically and chemically to produce this nutrient-containing product.

(4) "By-Product" means a material that is generated as a result of water or wastewater treatment or residual materials from industrial or manufacturing processes that, barring any form of alternate or beneficial use of that material, would otherwise be discarded at a landfill or other solid waste disposal facility.

(5) "Class A Biosolids" is a designation that meets U.S. EPA guidelines pursuant to 40 C.F.R. § 503.32 for land application.

(6) "Class B Biosolids" is a designation for biosolids that meets U.S. EPA guidelines, pursuant to 40 C.F.R. § 503.32, for land application, but does not meet the requirements for Class A Biosolids.

(7) "Distributor" means the person, organization, business, industry, agency, or institution who utilizes and/or resells by-product material for beneficial use.

(8) "Dry Short Ton" means 2,000 pounds (lbs) of material with 0% moisture content.

(9) "Feed Crops" means crops produced primarily for consumption by animals.

(10) "Fiber Crops" means crops such as flax and cotton.

(11) "Food Crops" means crops consumed by humans.

These include, but not limited to, fruits, vegetables, and tobacco.

(12) "Food Processing Residuals" or "FPR" means by-product that is generated from food processing facilities and may include other materials with pathogen potential.

(13) "FPR Treatment" means the usage of biological, physical, chemical, and/or mechanical processes along with retention time to characteristically change FPR into Treated FPR Material.

(14) "FPR Treatment Facility" means the person, organization, business, industry, agency or institution that operates FPR treatment impoundments.

(15) "FPR Treatment Impoundment" is a surface feature certified in accordance with ADEM Admin. Code r. 335-13-16-.08(54) capable of containing FPR materials for the storage and treatment of FPR.

(16) "Generator" means the person, organization, business, industry, agency or institution whose activities or business results in the initial generation of a by-product material to be used for beneficial use.

(17) "Mine-Land Recovery" means the use of biosolids at mine spoil areas which have been released from regulatory control by the Alabama Surface Mining Commission or the Alabama Department of Labor, as appropriate, in an effort to rehabilitate otherwise unusable land.

(18) "Multi-Owner Property" means contiguous parcels of land, which are owned by two (2) or more different individuals, and operated as a single farm.

(19) "Property Boundary" means the outer boundary of a property owner's contiguous property, which may consist of one or more parcels.

(20) "Residential End-User" means a person(s) who obtain(s) Class A Biosolids for use in lawns and gardens on their private residential properties.

(21) "Staging" means the transportation and positioning of by-product material immediately [within forty-eight (48) hours] preceding land application.

(22) "Storage" means the temporary [a period exceeding forty-eight (48) hours] holding of by-product material prior to land application activities when not immediately possible due to outside constraints.

(23) "Treated FPR Material" means FPR treated to the extent described in ADEM Admin. Code r. 335-13-16-.08 as the result of biological, physical, chemical, or mechanical processes and retention time in FPR treatment impoundment(s).

(24) "Yield Goal" means the expected production of the intended crop per acre in the given calendar year.

Ala. Admin. Code r. 335-13-16-.02

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.