HARRY HUGHES, Governor

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SHALL REVIEW THE RULES AND REGULATIONS AND APPROVE THOSE PORTIONS
DEALING WITH AGRICULTURAL PRACTICES LAND APPLICATION OF SEWAGE
SLUDGE.

(2)  IN ADOPTING RULES OR REGULATIONS, THE DEPARTMENT
SHALL CONSIDER:

(I)  ALTERNATIVE UTILIZATION METHODS;

(II)  PATHOGEN CONTROL;

(III)  ADVERTISING REQUIREMENTS FOR PUBLIC
HEARINGS AND PUBLIC INFORMATION MEETINGS;

(IV)  PERFORMANCE BONDING, LIABILITY INSURANCE,
OR OTHER SECURITIES;

(V)  PROCEDURES FOR NOTIFYING LOCAL UNITS OF
GOVERNMENT AND OTHER INTERESTED PARTIES; AND

(VI)  ADEQUATE STANDARDS FOR TRANSPORTING
SLUDGE, INCLUDING REQUIREMENTS FOR THE ENCLOSURE OR COVERING OF
SEWAGE SLUDGE DURING TRANSPORTATION.

(3)  IN ADDITION TO THE REQUIREMENTS IN SUBSECTION (B)
OF THIS SECTION PARAGRAPH (2) OF THIS SUBSECTION, IN ADOPTING ANY
RULES OR REGULATIONS FOR THE LAND APPLICATION OF SEWAGE SLUDGE
THE DEPARTMENT SHALL CONSIDER:

(I)  METHODS FOR CALCULATING LOADING RATES FOR
LAND APPLICATION, THAT FOR AGRICULTURAL LAND SHALL BE LIMITED BY
THE NUTRIENT REQUIREMENTS OF THE CROP OR COVER VEGETATION, AS
RECOMMENDED BY THE DEPARTMENT OF AGRICULTURE, AND FOR ALL LAND BY
THE REQUIREMENT OF NONDEGRADUATION OF THE GROUNDWATER SUPPLY;

(II)  CROPS TO BE GROWN ON LAND ON WHICH SEWAGE
SLUDGE MAY BE UTILIZED;

(III)  THE NATURE OF ANY SURROUNDING OR
UNDERLYING BODIES OF WATER;

(IV)  THE CHARACTER OF AN AFFECTED SPECIFIC AREA
OR OF NEARBY EXISTING OR PLANNED LAND USES AND TRANSPORT ROUTES
AND THEIR PROXIMITY TO ANY SENSITIVE AREA, INCLUDING FLOOD
PLAINS, WETLANDS, AND AREAS OF CRITICAL CONCERN;

(V)  THE DEFINITIONS OF:

1.  SLUDGE THAT IS UNSUITABLE FOR
APPLICATION TO AGRICULTURAL LAND;

2.  AGRICULTURAL LAND; AND

3.  MARGINAL LAND; AND