Petition Content Requirements

Section 106.904  Petition Content Requirements The petition must contain the following information: a)         A written statement, signed by the petitioner or an authorized representative, concerning the property for which authorization is sought, outlining a description of the specific percentage of the property or the specific application rate sought and the duration of, the reasons for, and the basis for the authorization sought, consistent with the burden of proof stated in Section 106.914; b)         The nature of the petitioner's operations; c)         Any other applicable information that may be required by Section 21(q) of the Act, including: 1)         A map of the location where land application or composting would take place; 2)         A description of the uses of the surrounding areas; the method for nutrient calculations; 3)         The soil sampling analysis for samples taken within one year prior to the filing of the petition in accordance with the sampling protocols of subsections (e) and (f); 4)         The intended crop or planting; a description of any additives to the landscape waste; 5)         The method for incorporating the landscape waste or compost into the soil; 6)         The maximum time between acceptance of landscape waste or compost and its incorporation into soil; 7)         The weather conditions under which incorporation will occur ; the method of minimizing stormwater/snowmelt runoff; 8)         A screening plan to ensure materials accepted do not contain materials other than landscape waste; 9)         A contingency plan that describes methods for dealing with emergency situations and methods for the removal of material that is not landscape waste from incoming loads; and 10)         The method of preventing nuisance conditions such as vectors, odors, litter or dust. d)         For demonstrations under Section 106.914(a), a plan, including soil testing in accordance with subsections (e) and (f) no less than once every five years, to show that applying landscape waste or composted landscape waste at rates greater than an agronomic rate of 20 tons per acre per year will be, or will continue to be, beneficial to the site's soil characteristics or crop needs.  The plan must specify any soil parameters to be analyzed, such as soil organic content and nutrients and any limits on them. e) Soil samples collected that will represent the entire landscape waste or composted landscape waste application site. 1)         Soil Plow Zone − one soil sample must be collected per 8 acres of application site area to a depth of 12 inches.  Each soil sample taken must be a homogeneous mixture composed of at least 10 subsamples randomly collected within the 8-acre area. 2)         Soil Profiles − one soil core sample per 8 acres of land application site must be obtained to a depth of 5 feet using a soil tube or soil auger type implement. Soil cores must be divided into 5 one foot subsamples and each subsample must be analyzed separately. 3)         Soil sample collection under subsections (a) and (b) may be modified by the Board upon request by the petitioner after considering the application rate of the landscape waste or composted landscape waste and the continuity of soil types of the application site. f)         Soil analysis performed in accordance with the following references, unless equivalent results can be obtained by other methods.  The petitioner must demonstrate that equivalent results are obtainable based on the nature of the test methodology, the nature of the parameter, and the level of statistical accuracy. 1)         Physical Testing Methods Methods of Soil Analysis − Part 1, Physical and Mineralogical Properties (1986), Soil Science Society of America (SSSA) and American Society of Agronomy, Inc. (ASA), 5585 Guilford Road, Madison, Wisconsin 53711. 2)         Chemical Testing Methods Methods of Soil Analysis − Part 3, Chemical Methods (1996), Soil Science Society of America (SSSA) and American Society of Agronomy, Inc. (ASA), 5585 Guilford Road, Madison, Wisconsin 53711. 3)         For the purposes of this Subpart I, the Board incorporates by reference the soil test methods listed in subsections (f)(1) and (f)(2).  This incorporation includes no later amendments or editions.