Section 33-24-05-164 - Food chain crops The department may allow the growth of food chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. The department will specify in the facility permit the specific food chain crops which may be grown.
1. The owner or operator shall demonstrate that there is no substantial risk to human health caused by the growth of such crops in or on the treatment zone by demonstrating, prior to the planting of such crops, that hazardous constituents other than cadmium: a. Will not be transferred to the food or feed portions of the crop by plant uptake or direct contact and will not otherwise be ingested by food chain animals, for example, by grazing; or b. Will not occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same region. 2. The owner or operator shall make the demonstration required by subsection 1 prior to the planting of crops at the facility for all constituents identified in appendix V of chapter 33-24-02 that are reasonably expected to be in or derived from waste placed in or on the treatment zone. 3. In making a demonstration under subsection 1, the owner or operator may use field tests, greenhouse studies, available data, or in the case of existing units, operating data, and shall: a. Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (for example, pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown; b. Describe the procedures used in conducting any tests, including the sample collection criteria, sample size, analytical methods, and statistical procedures. 4. If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under subsection 1, the owner or operator shall obtain a permit for conducting such activities. 5. The owner or operator shall comply with the conditions of either subdivision a or b if cadmium is contained in wastes applied to the treatment zone: a. The following condition must be met: (1) The pH of the waste and soil mixture must be 6.5 or greater at the time of each waste application, except for wastes containing cadmium in concentrations of two milligrams per kilogram (dry weight) or less; (2) The annual application of cadmium from waste must not exceed five-tenths kilogram per hectare on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption. For other food chain crops the annual cadmium rate may not exceed: (a) Two kilograms per hectare through June 30, 1984; (b) One and twenty-five-hundredths kilograms per hectare during the period from July 1, 1984, through December 31, 1986; or (c) Five-tenths kilogram per hectare on and after January 1, 1987; and (3) The cumulative application rate of cadmium from waste must not exceed five kilograms per hectare if the waste and soil mixture has a pH of less than 6.5; and (4) If the waste and soil mixture has a pH of 6.5 or greater and is maintained at a pH of 6.5 or greater during crop growth, the cumulative application of cadmium from waste must not exceed: Five kilograms per hectare if soil cation exchange capacity is less than five milliequivalents per one hundred grams; ten kilograms per hectare if soil cation exchange capacity is five to fifteen milliequivalents per one hundred grams; and twenty kilograms per hectare if soil cation exchange capacity is greater than fifteen milliequivalents per one hundred grams. b. The following conditions must be met: (1) Animal feed must be the only food chain crop produced; (2) The pH of the waste and soil mixture must be 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later, and this pH level must be maintained whenever food chain crops are grown; (3) There must be an operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The operating plan must describe the measures to be taken to safeguard against the possible health hazards from cadmium entering the food chain which may result from alternative land uses; and (4) Future property owners must be notified by stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food chain crops must not be grown, except in compliance with subdivision b. N.D. Admin Code 33-24-05-164
Effective January 1, 1984; amended effective December 1, 1988; July 1, 1997.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04