Current through Supplement No. 394, October, 2024
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
33.1-24-02 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.
General Authority: NDCC 23.1-04-03; S.L.
2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03,
23.1-04-05; S.L. 2017, ch. 199, §
19
