Md. Code Regs. 26.04.06.28

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

Section 26.04.06.28 - Storage 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 storage 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 for a new Sewage Sludge Utilization Permit, a modification to a Sewage Sludge Utilization Permit, or a Sewage Sludge Utilization Permit renewal 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 storage 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 storage 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 storage facility will be installed, materially altered, or materially extended 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 stored, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering;

(7) Detailed engineering plans and specifications including the design capacity calculation for the installation, material alteration, or material extension of the storage facility prepared, signed, and bearing the seal of a registered professional engineer;

(8) The specifications for any liners or soil sealants used;

(9) A quality assurance/quality control plan for construction of the storage facility which includes a provision that construction quality assurance/quality control shall be performed by an independent contractor not associated with the construction contractor;

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

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

(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 stored sewage sludge;

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

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

(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) An assessment of the potential environmental impact of the storage facility;

(13) Documentation showing the maximum seasonal high groundwater elevation;

(14) For storage facilities constructed of earthen materials, or for storage facilities constructed or installed below grade, the following information:

(a) Adequate test boring logs, for a minimum of three borings per 10 acres, subject to the following:

(i) The logs shall detail the soil, sediment, and rock types encountered, depth of groundwater at time of completion and at 24 hours, 48 hours, and 72 hours after completion, and depth of auger refusal, if applicable; and

(ii) The location of each boring shall be accurately mapped in accordance with §A(5) of this regulation;

(b) A description of the geology at the site, including a discussion of the geologic formations directly involved and the present and future use of these formations as a groundwater source and their relationship to underlying formations, providing cross sections based on the information compiled from borehole data, with this information being incorporated into the geologic and hydrogeologic report required by §A(5) of this regulation;

(c) A description of the hydrologic characteristics of the site, including a groundwater contour map superimposed on a topographic map, showing the location of the water table and the direction and rate of groundwater flow, a discussion of the infiltration capacity of surface soils, and the percolation capacity of subsurface soils, with this information being incorporated into the geologic and hydrogeologic report required by §A(5) of this regulation; and

(d) Provision for sediment and erosion control approved by the appropriate approving authority;

(15) For manufactured storage facilities, the following information:

(a) Information on the structural materials to be used;

(b) Design specifications, such as dimensions, structural capacity, maximum load, and restrictions on use; and

(c) Installation or construction techniques and procedures;

(16) For above ground enclosed storage facilities, a plan for controlling gaseous emissions and odors;

(17) 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;

(18) A proposed closure and post-closure plan to be implemented for a period of not less than five years after the cessation of storage of sewage sludge at the storage facility and the removal of all sewage sludge stored at the storage facility; and

(19) 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(17) 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, $750; and

(b) For a renewal permit application, $750.

(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. 26.04.06.28

Regulations .28 adopted effective 41:10 Md. R. 562, eff.5/26/2014