Rule 40-31-2-.04 - Supplemental Restrictions and Prohibitions(1) Registrants must ensure that no person other than the registrant or a product control contractor distributes, stores, transports, or applies the registrant's IBD soil amendment. Each registrant shall be deemed responsible for any distribution, storage, transport, or application of its registered soil amendment in violation of this Rule. Each calendar day where this restriction is violated will be considered a separate violation.(2) Registrants, either through the registrant's own action or through the action of a product control contractor, and product control contractors, must:(a) Ensure all IBD soil amendments are screened to remove visible plastics or other visible inorganic material prior to environmental contact. Any IBD soil amendment containing visible plastics or inorganic material will be deemed adulterated;(b) Ensure that all IBD soil amendments are applied in accordance with the applicable Nutrient Management Plan;(c) Store all IBD soil amendments in containment vessels marked with the Registrant's name and phone number in bold-print letters, not less than twelve inches in height, and displayed on a contrasting background. If a containment vessel is incapable of being marked, detached signage may be used that otherwise meets the criteria of this subsection; and(d) Maintain the following buffers:1. A buffer of 100 feet must be maintained between any well and an area on which an IBD soil amendment is applied;2. A buffer of 150 feet must be maintained between any sinkhole, as defined in O.C.G.A. § 12-4-142(5), and an area on which an IBD soil amendment is applied;3. A buffer of 100 feet must be maintained between any property line and an area on which an IBD soil amendment is applied. The 100-foot buffer may be reduced if the current owner of the adjacent property provides a written waiver consenting to the IBD soil amendment application being closer than 100 feet to the adjoining property line;4. A buffer of 100 feet must be maintained between any water of the State and an area on which an IBD soil amendment is applied; and5. A buffer of 300 feet must be maintained between any inhabited dwelling and an area on which an IBD soil amendment is applied unless such dwelling is located on the landowner's property. The 300-foot buffer may be reduced if the current owner of a dwelling provides a written waiver consenting to the IBD soil amendment application being closer than 300 feet.(3) Registrants, either through the Registrant's own action or through the action of a product control contractor, and product control contractors, must not: (a) Apply an IBD soil amendment in a manner that harms beneficial plants, animals, or aquatic life;(b) Apply an IBD soil amendment during a precipitation event;(c) Apply an IBD soil amendment to saturated soil;(d) Transport or store an IBD soil amendment in a containment vessel that fails to prevent leaking, spilling, or leaching of the IBD soil amendment;(e) Transport an IBD soil amendment in a containment vessel that is not covered or encapsulated;(f) Load or unload a containment vessel in a manner that fails to prevent the leaking or spilling of the IBD soil amendment beyond the intended storage or application site; (g) Intermingle an IBD soil amendment with another product, including but not limited to other soil amendments, in a containment vessel, unless all products in the containment vessel are soil amendments registered by the same registrant;(h) Store an IBD soil amendment in an earthen containment vessel, including, but not limited to an earthen pit or lagoon, that does not meet the design and construction criteria prescribed by Natural Resources Conservation Service, including a minimum of 12 inches of freeboard volume;(i) Store an IBD soil amendment on a site for longer than 180 calendar days;(j) Apply an IBD soil amendment to an area without vegetative cover;(k) Apply an IBD soil amendment in a manner inconsistent with the application site NMP or at an application site without an NMP;(l) Apply an IBD soil amendment in excess of application rates detailed in an NMP, so that total application of a nutrient exceeds the agronomic rate detailed in the NMP;(m) Fail to apply lime, gypsum, or other materials to maintain a pH within the optimum range for crop production, between 6.0 to 7.5, upon fields to which an IBD soil amendment is applied during the period when registrant's product is being delivered to or applied at a site; or(n) Apply an IBD soil amendment during wind conditions that cause, or might reasonably be expected to cause, the IBD soil amendment to reach any surface water or to cross the boundary of the landowner's property.Ga. Comp. R. & Regs. R. 40-31-2-.04
O.C.G.A. § 2-12-80.
Original Rule entitled "Supplemental Restrictions and Prohibitions" adopted. F. Dec. 7, 2022; eff. Dec. 27, 2022.