Rule 2410.
(1) A person shall not apply bulk biosolids to the land if it is likely to adversely affect a threatened or endangered species listed under section 36503 of the act or its designated critical habitat.(2) A person shall not apply bulk biosolids to agricultural land, a forest, a public contact site, or a reclamation site that is flooded, saturated with water, frozen, or snow-covered so that the bulk biosolids enter a wetland or other waters of the state.(3) A person may subsurface inject bulk biosolids on frozen or snow-covered ground as long as there is substantial soil coverage of the applied biosolids. A person shall not surface apply bulk biosolids, other than exceptional quality biosolids, on frozen or snow-covered ground, unless otherwise approved by the department.(4) A person shall not apply bulk biosolids on lands having a slope of more than 6% for surface application or more than 12% for subsurface injected biosolids, unless the person uses the bulk biosolids in accordance with a department-approved site management plan.(5) A person shall apply bulk biosolids to agricultural land, a forest, a public contact site, or a reclamation site at an application rate that is equal to, or less than, the agronomic rate, unless the person that applies bulk biosolids in accordance with a department-approved site management plan.(6) A generator or distributor shall affix a label to the bag or other container in which biosolids are sold or given away for application to the land or the generator or distributor shall provide an information sheet to the person who receives biosolids sold or given away in another container for application to the land. The label or information sheet shall contain all of the following information: (a) The name and address of the person who prepared the biosolids that are sold or given away in a bag or other container for application to the land.(b) A statement that the application of the biosolids to the land is prohibited unless applied according to the instructions on the label or information sheet.(c) The annual whole biosolids application rate for biosolids that do not cause any of the annual pollutant loading rates in table 4 of R 323.2409(5)(d) to be exceeded.(7) A person that applies biosolids shall perform soil fertility tests on soils sampled from each application site before initial biosolids application. The person shall resample and test on a regular basis so that the last soil fertility test is not more than 2 years old at the time of the next biosolids application.(8) For agricultural land, a person shall apply biosolids in accordance with agronomic rates. If the Bray P1 soil test level exceeds 300 pounds (P) per acre (150 ppm), or if the Mehlich 3 soil test level exceeds 340 pounds (P) per acre (170 ppm) in site soils, then the person shall not apply biosolids until the soil P test level decreases to less than 1 of these values.(9) For silvicultural land, such as forestland and tree farms, a person shall base the agronomic rate for silvicultural land on the quantity of plant-available nitrogen (PAN) that growing trees will take up annually. A person may reapply biosolids at rates that will provide PAN additions up to a maximum of 5 years, using the annual PAN additions listed in table 5 to calculate total PAN additions for 1 year up to a 5-year maximum for the particular tree species and age of the stand receiving biosolids. A person may reapply biosolids after the time interval selected for the previous application expires, as long as the trees are still growing. If the Bray P1 soil test level exceeds 200 pounds (P) per acre (100 ppm) or the Mehlich 3 soil test level exceeds 220 pounds (P) per acre (110ppm), then a person shall not apply biosolids until the soil P test level decreases to less than 1 of these values.(10) The rates for wastewater biosolids application in Michigan forests (Brockway, 1988) are as follows:TABLE 5
PAN Applied from Biosolids1
| Forest Type Years | Age of Tree Stand in Years | Annual Use | Total Used in 5 |
| Aspen | 0 to 5 | 50 | 250 |
| Aspen | 6 to 20 | 100 | 500 |
| Aspen | over 20 | 50 | 250 |
| Northern Hardwoods | 0 to 10 | 40 | 200 |
| Northern Hardwoods | 11 to 30 | 80 | 400 |
| Northern Hardwoods | over 20 | 40 | 200 |
| Oak-Hickory | 0 to 10 | 50 | 250 |
| Oak-Hickory | 11 to 30 | 100 | 500 |
| Oak-Hickory | over 30 | 50 | 250 |
| Elm-Ash-Cottonwood | 0 to 5 | 50 | 250 |
| Elm-ash-Cottonwood | 6 to 20 | 100 | 500 |
| Elm-Ash-Cottonwood | over 20 | 50 | 250 |
| Scrub oak | 0 to 20 | 20 | 100 |
| Scrub oak | over 20 | 40 | 200 |
| Red, White, Jack Pine | 0 to 10 | 50 | 250 |
| Red, White, Jack Pine | 11 to 30 | 40 | 200 |
| Red, White, Jack Pine | over 30 | 20 | 100 |
| Spruce-Fir | 0 to 10 | 40 | 200 |
| Spruce-Fir | 11 to 30 | 30 | 150 |
| Spruce-Fir | over 30 | 20 | 100 |
| Northern White-cedar | 0 to 20 | 40 | 200 |
| Northern White-cedar | over 20 | 20 | 100 |
1 PAN = Plant-available nitrogen, or the amount of nitrogen that will be available for trees to utilize (pounds per acre per year).
(11) The following isolation distances shall be observed when land applying bulk biosolids:TABLE 6
Isolation Distance Requirements
| Isolation from existing: | Distance (feet) |
| Surface application without incorporation | Injection or Surface application with incorporation* |
| Municipal well (type I or type IIA)** | 2000 | 2000 | |
| Noncommunity public Water supply (type IIB or type III) | 800 | 800 | |
| Domestic well | 100 | 150 | |
| Homes | 100 | 150 | |
| Commercial Buildings | 150 | 100 | |
| Surface waters*** | 150 | 50 | |
* Incorporation must be within 48 hours, unless a shorter time period is specified in these rules.
** As defined and specified in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act. As specified in Act No. 399 of the Public Acts of 1976, as amended, the term includes water supplies such as schools, restaurants, industries, campgrounds, parks, and hotels.
*** Surface waters do not include grassed drainage ways or drainage ways that are tilled and planted.
(12) A person shall apply biosolids in a manner that would maintain, at a minimum, a 30-inch separation distance between the soil surface and the groundwater at the time of biosolids application.Mich. Admin. Code R. 323.2410