Md. Code Regs. 26.04.06.17

Current through Register Vol. 51, No. 12, June 14, 2024
Section 26.04.06.17 - Composting Facility
A. The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility until:
(1) The composting facility meets all zoning and local land use requirements of the county where the composting facility is to be located; and
(2) The Department has received a written statement that the board of county commissioners or the county council of the county where the composting facility is to be located does not oppose the issuance of the Sewage Sludge Utilization Permit.
B. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility and to market the Class A sewage sludge compost if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met:
(1) The composting process shall meet, at a minimum, the applicable requirements for Class A or B sewage sludge;
(2) For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall be maintained between the composting facility sewage sludge processing or storage area and the nearest inhabited off-site dwelling, except that this buffer distance may be reduced if the Department determines that the composting facility has adequate odor control measures;
(3) The composting facility shall be designed, constructed, and operated to safely compost the sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;
(4) The composting process shall be conducted in a vessel approved by the Department, or inside a roofed structure with an impervious floor with drains connected to a sanitary sewer system or other permitted treatment facility;
(5) The composted sewage sludge shall be placed on an impervious floor with drains connected to a sanitary sewer system or other permitted wastewater treatment facility; and
(6) For marketing Class A sewage sludge compost in Maryland that is generated by a composting facility in Maryland, the person applying for a permit shall describe to the Department's satisfaction how the following conditions will be met:
(a) The sewage sludge to be marketed will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and
(b) The sewage sludge does not contain free liquid, with the presence of free liquid determined by:
(i) Application of Method 9095B (Paint Filter Liquids Test) as outlined in the most recent edition of the USEPA Publication SW-846 "Test Methods for Evaluating Solid Waste", which is incorporated by reference in COMAR 26.13.01.05A(4); or
(ii) A comparable test approved by the Department.
C. A written quality control monitoring plan approved by the Department shall be implemented to ensure that the Class A sewage sludge to be marketed meets the Department's standards regarding the destruction of primary pathogenic organisms, reduction of vector attraction, and limitations for heavy metals and other constituents.

Md. Code Regs. 26.04.06.17

Regulations .17 adopted effective 41:10 Md. R. 562, eff.5/26/2014