Ga. Comp. R. & Regs. 40-31-1-.01

Current through Rules and Regulations filed through August 27, 2024

Rule 40-31-1-.01 - Definitions

As used in this Chapter, the term:

(1) "Act" means the Georgia Soil Amendment Act of 1976, O.C.G.A. § 2-12-70, et seq., as amended.

(2) "Accredited laboratory" means a laboratory certified to ISO 17025 standards, or as otherwise approved by the Department.

(3) "Adulterated" means any soil amendment:

(a) Which contains any deleterious or harmful agent in sufficient quantity to be injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label;

(b) Whose composition differs substantially from that offered in support of registration or shown on the label;

(c) Which contains noxious weed seeds; or

(d) Which contains domestic septage, unless:

1. treated to Class A or exceptional quality sludge standards in accordance with a sludge management plan approved under a permit issued by EPD, or

2. constituting compost produced by a Class I, II, or III composting or anaerobic digester facility in accordance with rules enforced by or a permit issued by EPD.

(4) "Apply" means to put a soil amendment on the land, whether topically, with or without subsequent incorporation into the soil, by subsurface injection, or otherwise.

(5) "Biosolids" will have the same meaning as defined in Ga. Comp. R. and Regs. r. 391-3-6-.17.

(6) "Buffer" means a vegetated setback where a soil amendment is not applied, such as to reduce the runoff of nutrients, sediment, or soil amendments.

(7) "Bulk" means in non-packaged form.

(8) "Containment vessel" means any structure, container, vessel, pit, lagoon, or repository that is utilized to contain or hold a soil amendment for storage or transportation purposes.

(9) "Commissioner" means the Georgia Commissioner of Agriculture.

(10) "Compost" means a biologically stable material derived from the composting process.

(11) "Composting" means the controlled biological decomposition of organic matter accomplished by mixing and piling in a way that promotes aerobic decay and inhibits pathogens, viable weed seeds, and odors.

(12) "Current representative analysis" means an analysis performed within six months of its submission to the Department or inclusion in an NMP identifying the components of the soil amendment, including at a minimum those components set forth in Ga. Comp. R. and Regs. r. 40-31-3-.05. Current representative analyses are performed by an accredited laboratory exercising good laboratory practices, and results are presented on the testing laboratory's letterhead and indicate the analytical method utilized.

(13) "Department" means the Georgia Department of Agriculture.

(14) "Distribute" means to import, consign, offer for sale, sell, barter, or otherwise supply, whether for a fee or not, a soil amendment to any person in Georgia, whether directly or indirectly.

(15) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.

(16) "Domestic sewage" means water and wastewater from humans or from household operations that is discharged to or otherwise enters a treatment works.

(17) "Dwelling" means the interior or exterior of a structure, all or part of which is designed or used for human habitation.

(18) "Environmental contact" means the land application of a soil amendment or the storage of a soil amendment in a containment vessel that is not fully sealed or encapsulated.

(19) "EPD" means the Georgia Environmental Protection Division.

(20) "Industrial by-product" means any industrial waste which is capable of beneficial use, reuse, or recycling as a soil amendment.

(21) "Industrial by-product derived soil amendment" or "IBD soil amendment" means any soil amendment derived from one or more industrial by-products or sewage sludge, including, but not limited to, drinking water treatment plant residuals.

(22) "Industrial waste" means any discarded material generated through industrial, commercial, mining, manufacturing, or agricultural operations. Industrial waste includes solid, liquid, semisolid, contained gaseous material, or a combination thereof. Industrial waste does not include un-manipulated animal manure or sewage sludge.

(23) "Label" means the display of written, printed, or graphic matter upon the immediate container of the soil amendment.

(24) "Labeling" means all written, printed, or graphic matter accompanying any soil amendment and all advertisements, brochures, posters, and television, radio, and oral claims used in promoting its sale.

(25) "Landowner" means any person with any real property interest, including but not limited to leasehold interests, in a site where soil amendments are applied or stored after distribution.

(26) "Mulch" means any organic or inorganic soil surface cover used to help retain moisture longer in the soil by impeding evaporation, to act as a physical barrier to discourage weed growth, to help maintain a constant temperature by insulating the soil, to discourage runoff and soil erosion by shielding the soil surface from water abrasion, to promote water absorption and retention, or some other similar purpose. Mulch is a soil amendment only when its product labeling claims to be a soil amendment or provides directions for incorporation into the soil.

(27) "Non-agricultural biosolids" means biosolids where such materials have not been treated to Class A or exceptional quality sludge standards as used in Ga. Comp. R. and Regs. r. 391-3-6-.17.

(28) "Nutrient management plan" or "NMP" means a written plan prepared, signed, and dated by a NMP Specialist certified by the Department, a certified crop advisor, or other qualified professional if approved in writing by the Department, detailing the parameters for application of an IBD soil amendment at a site in the context of the soil characteristics, agricultural practices, and other geographic and practical considerations at that site, as set forth in this Chapter.

(29) "Other ingredients" means non-soil-amending ingredients present in a soil amendment.

(30) "Percent" or "Percentage" means the parts per 100 by weight.

(31) "Person" means an individual, corporation, sole proprietorship, partnership, limited partnership, limited liability company, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit.

(32) "Precipitation event" means continuous precipitation which results in a total measured precipitation equal to or greater than one-tenth of an inch.

(33) "Processed" means deliberately treated or manipulated to modify or transform physical, chemical, or biological characteristics of the natural state of the substance.

(34) "Product control contractor" means any person other than a registrant who distributes, transports, stores, or applies an IBD soil amendment. Each landowner or lessee that stores or applies an IBD soil amendment on their land or leasehold will be considered a product control contractor.

(35) "Product name" means the designation under which a soil amendment is offered for distribution.

(36) "Registrant" means any person who registers a soil amendment under the Act.

(37) "Saturated soil" means soil in which all voids are filled with water or another liquid such as to render the liquid visible on the soil's surface either when the soil is undisturbed or upon compression of the soil by equipment used to apply a soil amendment.

(38) "Sewage sludge" will have the same meaning as defined in Ga. Comp. R. and Regs. r. 391-3-6-.17.

(39) "Soil-amending ingredient" means a substance from which a soil amendment derives its value.

(40) "Soil amendment" means a substance defined as such by the Act. With respect to sewage sludge, the term "soil amendment" may only include biosolids treated to Class A or exceptional quality sludge standards in accordance with a sludge management plan approved under a permit issued by EPD or constituting compost produced by a Class I, II, or III composting or anaerobic digester facility in accordance with rules enforced by or a permit issued by EPD.

(41) "Un-manipulated manure" means the excreta of animals when not artificially mixed with any material other than that which has been used for bedding, sanitary, or feeding purposes for the manure-producing animals or for the preservation of the manure, or when the excreta has not been subjected to processing other than composting, and provided such composted products are distributed in bulk only.

(42) "Usefulness" means a soil amendment's ability to be distributed, transported, stored, and applied, so as to obtain the benefit of the soil amendment's value, while complying with the requirements of this Chapter.

(43) "Value" means a soil amendment's actual ability to change the characteristics of soil or another growth medium to:

(a) increase penetrability of water or air;

(b) increase water-holding capacity;

(c) alleviate or decrease soil compaction; or

(d) otherwise enhance its physical properties.

Ga. Comp. R. & Regs. R. 40-31-1-.01

O.C.G.A. § 2-12-70, et seq.

Original Rule entitled "Soil Amendment Sampling" adopted. F. May 16, 2017; eff. June 5, 2017.

Repealed: New Rule entitled "Definitions" adopted. F. Nov. 12, 2019; eff. Dec. 2, 2019.

Amended: F. Dec. 7, 2022; eff. Dec. 27, 2022.