Section 395.204  Material Testing Exemptions

Dredge and fill material will be considered nonpolluted and, therefore, exempt from testing if all of the following conditions exist:

a)         The material is composed predominantly of sand, gravel or other naturally occurring sedimentary material with particle sizes larger than silt, as defined in Section 395.205 (a) (1).

b)         The characteristics of the material at the disposal site are similar to the excavated material.

c)         The excavation site is removed from known sources of pollution, toxic contamination and incidence of spills.

d)         The discharge does not occur in waters of Lake Michigan or any waters determined to be nondegradation waters.

e)         The discharge does not interfere with or threaten municipal or other public and food processing water supply sources.

f)         The discharge is adjacent to the disposal site and the quality of the discharge is similar to natural background conditions.