(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; and
5. 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.