HARRY HUGHES, Governor

3495

(4) (7) IN ADDITION TO ANY OTHER LEGAL ACTION
AUTHORIZED BY THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN
ACTION TO RECOVER COST FROM ANY PERSON WHO FAILS TO MAKE
REIMBURSEMENT AS REQUIRED UNDER PARAGRAPH (3) (6) OF THIS
SUBSECTION.

(D)  A PERSON MAY NOT ENGAGE IN SEWAGE SLUDGE UTILIZATION IN
THIS STATE EXCEPT IN ACCORDANCE WITH THE PROVISION OF THIS
SECTION.

(E) (1) A PERSON SHALL HOLD A SEWAGE SLUDGE UTILIZATION
PERMIT BEFORE THE PERSON MAY UTILIZE SEWAGE SLUDGE IN THIS STATE.

(2)  A SEPARATE SEWAGE SLUDGE UTILIZATION PERMIT IS
REQUIRED FOR EACH SITE WHERE THE SEWAGE SLUDGE UTILIZER UTILIZES
SEWAGE SLUDGE.

(3)  TO APPLY FOR A SEWAGE SLUDGE UTILIZATION PERMIT,
AN APPLICANT SHALL :

(I)  SUBMIT AN APPLICATION TO THE DEPARTMENT ON
THE FORM THAT THE DEPARTMENT REQUIRES, AND THE APPLICANT SHALL ;

(II)  CERTIFY BY SIGNATURE THE TRUTH AND
ACCURACY OF THE COMPLETED APPLICATION; AND

(III)  PAY AN APPLICATION FEE TO COVER THE COST
OF PROCESSING THE PERMIT.

(4)  AS A PREREQUISITE TO THE ISSUANCE OF A SEWAGE
SLUDGE UTILIZATION PERMIT, THE DEPARTMENT SHALL REQUIRE AN
APPLICANT TO:

(I)  FILE WITH THE DEPARTMENT ACCEPTABLE
EVIDENCE OF A BOND OR OTHER SECURITY THAT THE DEPARTMENT REQUIRES
UNDER PARAGRAPH (7) OF THIS SUBSECTION;

(II)  OBTAIN THE WRITTEN CONSENT OF THE
LANDOWNER WHERE THE SEWAGE SLUDGE WILL BE APPLIED, INCLUDING AN
AGREEMENT THAT THE LANDOWNER MAY NOT VIOLATE APPLICABLE
PROVISIONS OF THE PERMIT;

(III)  AGREE TO PERMIT ACCESS TO THE SEWAGE
SLUDGE UTILIZATION SITE FOR THE PURPOSES OF ANY INSPECTION
PERMITTED UNDER THIS SECTION;

(IV)  SATISFY THE OTHER REQUIREMENTS OF THIS
SECTION; AND

(V)  PAY THE PERMIT APPLICATION FEE REQUIRED BY
THE DEPARTMENT.

(5) (I) UNLESS IT IS RENEWED FOR ANOTHER TERM, A
SEWAGE SLUDGE UTILIZATION PERMIT EXPIRES ON THE EXPIRATION DATE
THE DEPARTMENT SPECIFIES AT ISSUANCE OR RENEWAL.