R 323.2413 Recordkeeping.

Rule 2413. (1) A generator shall keep records for a minimum of 5 years unless a longer period is specified by the permitting authority. (2) A person who generates bulk biosolids or bulk derivatives, including a generator from out of state, shall keep all of the following records and make the records available for inspection and copying: (a) Site information of each application site, which includes all of the following information: (i) A plat map. (ii) A soil survey map, if available. (iii) The name and address of the property owner and farm operator if different than the owner. (iv) The latitude and longitude. (b) Written consent to apply biosolids from the property owner and farm operator if different than the property owner. (c) A written agreement between the generator and the farmer not to apply biosolids from other sources or septage to a listed land application site. Biosolids from other sources may be land-applied to a site only after that site is relinquished in writing to another generating facility. (d) Biosolids analysis parameters listed in table 1 of R 323.2409(5)(a) at the frequency of analysis stated in table 7 of R 323.2412. (e) Soil fertility test results for each site. (f) For each biosolids-applied site, a summary of the application activity shall include all of the following information: (i) Site identification. (ii) Biosolids analysis. (iii) Total acres in the site. (iv) Acres used. (v) Application rate in dry tons per acre. (vi) Each nutrient required to be monitored in R 323.2412 in pounds per acre. (vii) Each pollutant listed in table 3 of R 323.2409(5)(c), in pounds per acre, if the site has received biosolids that exceed the concentrations specified in table 3 of R 323.2409(5)(c). (g) The information in R 323.2408(4)(g) before applying biosolids to the land that exceed the concentrations specified in table 3 of R 323.2409(5)(c). If biosolids that exceed table 3 pollutant concentrations for any pollutant have been applied, then the generator shall keep records documenting the cumulative loading for the life of the site. An annual summary, including all of the following information: (i) Biosolids volume generated. (ii) Total dry tons applied to the land or distributed. (iii) Total dry tons disposed of by other methods. (iv) Total acres used. Sites that received biosolids application subject to table 2 of R 323.2409(5)(b). (i) A person who generates biosolids shall provide all application rate information from the monitoring of pollutant concentrations specified in R 323.2409(5)(c) and nutrients specified in R 323.2412 and agronomic information specified in R 323.2410(7) to the property owner or farm operator, or both, upon completion of any biosolids activity on a site. (j) All certification statements relating to management practices, pathogen reduction, and vector attraction. (k) The information specified in subrule 7(b) of this rule, on October 30 of each year when 90% or more of any of the cumulative pollutant loading rates in table 2 of R 323.2409(5)(b) is reached at a site. (3) A person who prepares biosolids subject to these rules shall develop the following information and shall retain the information for 5 years, unless a longer period is specified: (a) The annual average, annual minimum, and annual maximum concentration of each pollutant in the biosolids listed in table 3 of R 323.2409(5)(c). (b) The following certification statement: "I certify, under penalty of law, that information that will be used to determine compliance with the class A pathogen requirements in R 323.2414(2) and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (c) A description of how the class A pathogen requirements in R 323.2414(2) are met. (d) A description of how 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met. (4) A person who derives a material subject to these rules shall develop the following information and shall retain the information for 5 years: (a) The annual average, annual minimum, and annual maximum concentration of each pollutant in the material listed in table 3 of R 323.2409(5)(c). (b) The following certification statement: "I certify, under penalty of law, that information that will be used to determine compliance with the class A pathogen requirements in R 323.2414(2) and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (c) A description of how the class A pathogen requirements in R 323.2414(2) are met. (d) A description of how 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met. (5) If the pollutant concentrations in R 323.2409(5)(c), the class A pathogen requirements in R 323.2414(2), and the vector attraction reduction requirements in R 323.2415(4)(i) or (j) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with: (a) The person who prepares the bulk biosolids shall develop all of the following information and shall retain the information for 5 years: (i) A concentration of each pollutant in the bulk biosolids listed in R 323.2409(5)(c), table 3. (ii) The following certification statement: "I certify, under penalty of law, that information that will be used to determine compliance with the pathogen requirements in R 323.2414(2) has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (iii) A description of how the pathogen requirements in R 323.2414(2) are met. (b) The person who applies the bulk biosolids shall develop all of the following information and shall retain the information for 5 years: (i) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410 and the vector attraction reduction requirement in [insert R 323.2415(4)(i) or (j)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (ii) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied. (iii) A description of how the vector attraction reduction requirements in either R 323.2415(4)(i) or (j) are met for each site on which bulk biosolids are applied. (6) If the pollutant concentrations in R 323.2409(5)(c) and the class B pathogen requirements in R 323.2414(3) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with: (a) The person who prepares the bulk biosolids shall develop the following information and shall retain the information for 5 years: (i) The annual average, annual minimum, and annual maximum concentration of each pollutant in the bulk biosolids listed in table 3 of R 323.2409(5)(c). (ii) The following certification statement: "I certify under, penalty of law, that the information that will be used to determine compliance with the class B pathogen requirements in R 323.2414(3) and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) if one of those requirements is met] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (iii) A description of how the class B pathogen requirements in R 323.2414(3)(f) are met. (iv) When 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met, a description of how the vector attraction reduction requirement is met. (b) The person who applies the bulk biosolids shall develop all of the following information and shall retain the information for 5 years: (i) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410, the site restrictions in R 323.2414(3)(f), and the vector attraction reduction requirements in [insert either R 323.2415(4)(i) or (j), if one of the requirements is met] has been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (ii) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied. (iii) A description of how the site restrictions in R 323.2414(3)(f) are met for each site on which bulk biosolids are applied. (iv) When the vector attraction reduction requirement in R 323.2415(4)(i) or (j) is met, a description of how the vector attraction reduction requirement is met. (v) The date bulk biosolids are applied to each site. (7) If the requirements in R 323.2409(2)(a) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with: (a) The person who prepares the bulk biosolids shall develop all of the following information and shall retain the information for 5 years: (i) The annual average, annual minimum, and annual maximum concentration of each pollutant listed in table 1 of R 323.2409(5)(a) in the bulk biosolids. (ii) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in [insert either R 323.2414(2) or (3)] and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) if one of the requirements is met] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (iii) A description of how the pathogen requirements in R 323.2414(2) or (3) are met. (iv) When 1 of the vector attraction requirements in R 323.2415(4)(a) to (h) is met, a description of how the vector attraction requirement is met. (b) The person who applies the bulk biosolids shall develop all of the following information, retain the information in paragraphs (i) to (vii) of this subdivision indefinitely, and retain the information in paragraphs (viii) to (xiii) of this subdivision for 5 years: (i) The location, by latitude and longitude, of each site on which bulk biosolids are applied. (ii) The number of hectares in each site on which bulk biosolids are applied. (iii) The date bulk biosolids are applied to each site. (iv) The cumulative amount of each pollutant listed in table 2 of R 323.2409(5)(b) in the bulk biosolids applied to each site, including the amount in R 323.2408(3)(b). (v) The amount of biosolids applied to each site. (vi) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the requirements to obtain information in R 323.2408(3)(a) has been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (vii) A description of how the requirements to obtain information in R 323.2408(3)(a) are met. (viii) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410 have been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (ix) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied. (x) The following certification statement when the bulk biosolids meet the class B pathogen requirements in R 323.2414(3): "I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in R 323.2414(3)(f) has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (xi) A description of how the site restrictions in R 323.2414(3)(f) are met for each site on which class B bulk biosolids are applied. (xii) The following certification statement when the vector attraction reduction requirement in R 323.2415(4)(i) or (j) is met: "I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in [insert either R 323.2415(4)(i) or (j)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (xiii) If the vector attraction reduction requirements in R 323.2415(4)(i) or (j) are met, a description of how the requirements are met. (8) If the requirements in R 323.2409(4)(b) are met when biosolids are sold or given away in a bag or other container for application to the land, then the person who prepares the biosolids that are sold or given away in a bag or other container shall develop all of the following information and shall retain the information for 5 years: (a) The annual whole biosolids application rate for the biosolids that do not cause the annual pollutant loading rates in table 4 of R 323.2409(5)(d) to be exceeded. The concentration of each pollutant in the biosolids listed in table 4 of R 323.2409(5)(d). (c) The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in R 323.2410(7), the class A pathogen requirement in R 323.2414(2), and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (d) A description of how the class A pathogen requirements in R 323.2414(2) are met. A description of how 1 of the vector attraction requirements in R 323.2415(4)(a) to (h) is met.