Md. Code Regs. 15.20.13.21

Current through Register Vol. 51, No. 26, December 27, 2024

Section 15.20.13.21 - [Effective until 4/15/2025] Agricultural Land - Permit Application Requirements

A. A person applying for a Food Processing Residuals Permit shall submit to the Department a separate permit application for each agricultural operation where food processing residuals is to be applied on agricultural land (e.g., the USDA Farm Service Agency farm and tract number for each operation).

B. The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation . 10 of this chapter.

C. The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department:

(1) If the applicant is not the owner of the site where food processing residuals is to be applied, the written consent of the owner (which consent, if the owner agrees, may be valid for a 2-year period);

(2) A site information form completed and signed by the applicant and the fanner or operator of the site where food processing residuals is to be applied: and

D. The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following information:

(1) The sources and types of food processing residuals to be applied, including any treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, dissolved air flotation, composting, or dewatering;

(3) A current site plan that includes:

(a) The location of property boundary lines and field boundaries;

(b) The exact acreage where food processing residual is to be applied:

(c) The location of all buffer distances:

(d) The location of any residences or buildings on site or within 1/2 mile of the site;

(e) An inventory of any domestic, commercial, or municipal wells on site and within 1/2 mile of the property boundary lines, including water level for the wells if available;

(f) The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water;

(g) The location of any on-site area with a slope of 15 percent or greater;

(h) The location of any on-site bedrock outcropping;

(i) The location of any on-site depression area:

(j) The surrounding land uses;

(k) Other features as determined by the Department; and

(I) A legend identifying the key features on the site plan;

(4) If required by the Department, the results of a laboratory analysis of a representative soil sample, which was obtained from each field not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department subject to the following:

(a) All soil samples shall be collected from within the field that would receive food processing residuals in accordance with the requirements in COMAR 15.20.08;

(b) Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of food processing residuals;

(c) The analysis of the sample was performed by an independent laboratory or other laboratory acceptable to the Department, using standards, procedures, and methods that are acceptable to the Department;

(d) If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and

(e) The analytical results include, at a minimum:

(i) pH, cation exchange capacity, and soil texture;

(ii) If metal analysis has not been previously performed on the field, total cadmium, total copper, total lead, total nickel, total zinc, and total phosphorus; and

(iii) Any other constituents in the soil that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment;

(5) A tax map showing the property line, owner, acreage, and liber and folio numbers;

(6) A detailed operation plan that includes, when applicable:

(a) Procedures for sampling, record keeping, and reporting of the food processing residuals to be utilized:

(b) Identification of equipment to be used for land-application of food processing residuals;

(c) Methods and procedures to prevent or control odors and other potential nuisance conditions at the site: and

(d) Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and

(7) A list of type of crops or cover species to be grown, which indicate the crop yields as specified in the nutrient management plan:

(8) A nutrient management plan that:

(a) Has been prepared by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04; and

(b) Is in compliance with COMAR 15.20.07 and 15.20.08; and

(9) Other information that may be requested by the Department.

E. The Department may reject an analysis of food processing or a soil sample submitted in accordance with 11/(4) of this regulation and require retesting and resubmittal if the Department determines that the method of analysis is inaccurate, or for any other good cause.

F. Permit Application Fees.

(1) The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule:

(a) For a new permit application. $175; and

(b) For a renewal permit application, $175.

G. For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived.

H. Holding Tanks. A person permitted to utilize food processing residuals for land application in conjunction with an agricultural operation may use a holding tank for this activity and under this chapter is not required to obtain a permit from the Department to use the holding tank.

Md. Code Regs. 15.20.13.21

Regulations .21 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).