Md. Code Regs. 26.04.06.21

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

Section 26.04.06.21 - Composting Facility - Modifications, Material Alteration, or Extension

A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by new law or regulation, to clarify permit conditions, or for other good cause.

B. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a composting facility upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, or material alteration or extension, and an explanation as to why it is needed;

(2) The permittee shall pay the Department a nonrefundable fee in accordance with the following schedule:

(a) For a modification, $40; and

(b) For a material alteration or extension, $130; and

(3) The Department determines that the proposed modification, or material alteration or extension is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare.

C. The following are modifications to a Sewage Sludge Utilization Permit for a sewage sludge composting facility:

(1) Modification to the composting facility's operation plan;

(2) Addition of new sewage sludge sources or types of sewage sludge received at the composting facility;

(3) Modification to the composting facility's water quality monitoring plans;

(4) The permittee's name change; or

(5) Other modifications as determined by the Department.

D. The following are material alterations or extensions to the sewage sludge composting facility:

(1) Materially altering or extending the size of the structures or buildings used for composting sewage sludge;

(2) Change to the types of composting processes authorized by the Sewage Sludge Utilization Permit for the composting facility; or

(3) Other material alterations or extensions as determined by the Department.

E. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit.

F. If the Department modifies a Sewage Sludge Utilization Permit or materially alters or extends a composting facility, the Department shall send notice of the modification, material alteration or extension to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department.

G. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department.

Md. Code Regs. 26.04.06.21

Regulations .21 adopted effective 41:10 Md. R. 562, eff.5/26/2014