How does a substance become exempt from the prohibition?
Any person or business may apply to DEC for an exemption, or DEC may on its own initiative make an exemption. DEC can grant an exemption for the land application of residue waste where such use is clearly demonstrated to be beneficial to growing plants and would not cause harm to the environment, human health or agriculture. Exemptions may have conditions attached. DEC will consult with DPI regarding the benefits to growing vegetation and likely impacts on agriculture. The original Land Protection Proposal (public consultation paper) flagged that generic exemptions would be granted for • fly ash or bottom ash from energy generating facilities which burn only coal or uncontaminated biomass, and • lime or gypsum residues from plasterboard and the treatment of drinking water. DEC therefore aims to have these exemptions gazetted, with some conditions, at the same time that the legislation commences.
