Md. Code Regs. 26.04.06.18

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.06.18 - Composting Facility - Permit Application Requirements

A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge composting facility is to be installed, materially altered, or materially extended. A person shall submit to the Department seven completed copies of the Sewage Sludge 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.The application shall include the following completed information:

(1) A written authorization signed by the legal owners of the site where the composting facility is to be installed, materially altered, or materially extended;

(2) A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed composting facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses;

(3) Tax maps and liber and folio numbers for the parcels of land on which the composting facility will be located and the names of the legal owners of the site;

(4) A current site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site;

(5) A site specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site;

(6) A description of the source, type, and quantity of sewage sludge to be composted, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering;

(7) A detailed description of the composting methods, processes, and monitoring procedures;

(8) Detailed engineering plans and specifications for the installation, material alteration, or material extension of the composting facility prepared, signed, and bearing the seal of a registered professional engineer;

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

(a) Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be composted;

(b) Types of equipment to be used for collection, management, washdown, and other operations;

(c) Days and hours of operation;

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

(e) Methods and procedures for utilizing the composted sewage sludge;

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

(g) Methods and procedures for restricting public access to the site;

(h) For marketing Class A sewage sludge, a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge;

(i) For marketing Class A sewage sludge, documentation that the marketing and final utilization of the Class A sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, and it does not cause or likely cause a discharge of constituents to the waters of the State;

(j) For marketing Class A sewage sludge, a label that shall accompany the marketed sewage sludge, which:

(i) Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), field stockpiling (staging) and storage requirements, odor control measures, warnings, and restrictions necessary for utilization;

(ii) Advises the person who is utilizing the product that the authorization to market the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and

(iii) Includes any specific restrictions, warnings, or cautionary statements that the Department requires to be included on the label, and

(k) For marketing Class A sewage sludge, a description that satisfies the Department of how the person will implement any additional conditions and management practices to market the Class A sewage sludge that the Department may require as it determines necessary;

(10) Quality control monitoring plans;

(11) Information on protection of water resources, including:

(a) A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and

(b) If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements:

(i) The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and

(ii) The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04;

(12) Plans for on-site storage of composted sewage sludge;

(13) An assessment of the potential environmental impact of the composting facility;

(14) Fire prevention and control plan;

(15) A marketing plan and strategy for the composted sewage sludge with a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge;

(16) Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements:

(a) The sample was obtained in accordance with the requirements of Regulation .06 of this chapter;

(b) 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;

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

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

(i) Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and

(ii) Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and

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

B. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(16) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause.

C. Permit Application Fees.

(1) A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule:

(a) For a new permit application, $350; and

(b) For a renewal permit application, $350.

(2) For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived.

Md. Code Regs. 26.04.06.18

Regulations .18 adopted effective 41:10 Md. R. 562, eff.5/26/2014