Md. Code Regs. 26.04.06.32

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

Section 26.04.06.32 - Distribution Facility

A. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge distribution facility if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met:

(1) The sewage sludge has been classified by the Department as Class A sewage sludge;

(2) When distributed, a label shall accompany the distributed sewage sludge, which:

(a) 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), warnings, and restrictions necessary for usage or storage;

(b) Advises the person who is utilizing the product that the authorization to distribute 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

(c) Includes any specific restrictions, warnings, or cautionary statement that the Department requires to be included on the label;

(3) The sewage sludge to be distributed from the distribution facility does not contain free liquid, with the presence of free liquid determined by:

(a) 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

(b) A comparable test approved by the Department;

(4) For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall be maintained between the distribution 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 distribution facility has adequate odor control measures;

(5) A distribution facility may not be located in a flood prone area;

(6) A distribution facility located within a 100year flood plain shall be evaluated as to its hydrologic impact on adjoining landowners;

(7) The distribution facility is designed, constructed, and operated to safely distribute 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;

(8) The cell floor elevation shall be at least 2 feet above the maximum seasonal high groundwater elevation;

(9) A distribution facility may not be located on an unstable area;

(10) Any other special conditions and management practices to land apply Class A sewage sludge required by the Department as the Department determines necessary; and

(11) Public access to the distribution facility is controlled.

B. A written quality control monitoring plan approved by the Department shall be implemented by the facility to ensure that the Class A sewage sludge to be distributed 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. 26.04.06.32

Regulations .32 adopted effective 41:10 Md. R. 562, eff.5/26/2014