§ 6604b. Testing of solid wastes prior to beneficial use on land or distribution and marketing

(a) The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets and with the Commissioner of Health, shall adopt rules to establish a testing program for all sewage sludge, or similar liquid wastes, prior to their beneficial use on land, or prior to distribution and marketing of those wastes in liquid or solid form. The testing program shall establish a process for the determination of minimum testing frequencies and specific parameters for which analysis must be completed, and shall detail procedures by which samples are collected, stored and tested.

(b) In establishing the process for the determination of test parameters and frequency, the rules shall take into account the size and complexity of the facility, the nature of the service area or collection system, including industrial contributions, the frequency of sewage sludge use on the land and any existing data which is pertinent to the facility.

(c) Rules regarding the application of waste to fields shall take into consideration the characteristics of the specific waste involved and shall calculate the heavy metal or micronutrient soil holding capacity based on a pH of 5.5 for the soil type at the application site, as appropriate.

(d) A person subject to this section shall make all analytical results derived from the testing program provided for in this section available to the public upon request. (Added 1991, No. 157, § 1, eff. May 5, 1992; amended 2003, No. 42, § 2, eff. May 27, 2003.)