R 323.2404 Imposition of more stringent requirements; proof of payment of costs and fees required; local ordinances.

Rule 2404. (1) On a case-by-case basis, the permitting authority may impose requirements for the use of biosolids in addition to, or more stringent than, the requirements in these rules if necessary to protect the public health and the environment from any adverse effect of a pollutant in the biosolids. (2) A person who land applies biosolids in the state from an out-of-state source shall demonstrate proof of payment of the annual biosolids fee and proof of payment of costs for unreasonable adverse effects on the environment or public health caused by the land application of biosolids from an out-of-state source. (3) A local unit may enact, maintain, and enforce an ordinance that prohibits the land application of biosolids or a derivative if monitoring indicates a pollutant concentration in excess of that provided in table 1 of R 323.2409(5)(a) until subsequent monitoring indicates that pollutant concentrations do not exceed the concentration provided in table 1 of R 323.2409(5)(a). (4) A local unit may enact an ordinance prescribing standards in addition to, or more stringent than, the standards contained in section 3132 of the act or in these rules under either or both of the following circumstances: (a) The operation of a biosolids or derivative land application site within the local unit will result in unreasonable adverse effects on the environment or public health within the local unit. The determination that unreasonable adverse effects on the environment or public health will exist shall take into consideration specific populations whose health may be adversely affected within the local unit. (b) The operation of a biosolids or derivative land application site within the local unit has resulted or will result in the local unit being in violation of other existing state laws or federal laws. (5) Except as otherwise provided in section 3133 of the act, sections 3131 and 3132 of the act preempt a local ordinance, regulation, or resolution of a local unit that would duplicate, extend, revise, or conflict with section 3131 or 3132 of the act. Except as otherwise provided for in section 3133 of the act, a local unit shall not enact, maintain, or enforce an ordinance, regulation, or resolution that duplicates, extends, revises, or conflicts with section 3131 or 3132 of the act. (6) The department may contract with a local unit to act as its agent for the purpose of enforcing sections 3131, 3132, and 3133 of the act. The department has the sole authority to assess fees. If a local unit is under contract with the department of environmental quality to act as its agent or if the local unit has received prior written authorization from the department, then the local unit may pass an ordinance that is identical to section 3132 of the act and these rules, except as prohibited in subrule (7) of this rule. (7) An ordinance enacted under subrule (4) or (6) of this rule shall not conflict with existing state laws or federal laws. An ordinance enacted pursuant to subrule (4)(a) or (b) of this rule shall not be enforced by a local unit until approved or conditionally approved by the director of the department under subrule (8) of this rule. The local unit shall comply with any conditions of approval. (8) If the legislative body of a local unit submits to the department a resolution identifying how the requirements of subrule (4)(a) or (b) of this rule are met, then the department shall hold a public meeting in the local unit within 60 days after the submission of the resolution to assist the department in determining whether the requirements of subrule (4)(a) or (b) of this rule are met. Within 45 days after the public meeting, the department shall issue a detailed opinion on whether the requirements of subrule (4)(a) or (b) of this rule are met as identified by the resolution of the local unit and shall approve, conditionally approve, or disapprove the ordinance accordingly. If the department fails to satisfy the requirements of this subrule, then the ordinance is considered to be approved.