Md. Code Regs. 26.04.06.33

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

Section 26.04.06.33 - Distribution 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 distribution facility is to be located. A person shall submit to the Department six 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 distribution 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 distribution 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 distribution 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 distributed, including any previous treatment the Class A 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 distribution facility prepared, signed, and bearing the seal of a registered professional engineer;

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

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

(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 distributed 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;

(9) A proposed ground and surface water monitoring plan that:

(a) Includes a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site;

(b) Specifies the location and type of monitoring stations;

(c) Specifies the method of construction of monitoring wells; and

(d) Provides that monitoring wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04;

(10) An assessment of the potential environmental impact of the distribution facility;

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

(12) 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;

(13) 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;

(14) A description of the distribution system to include an identification of the final utilization of the Class A sewage sludge;

(15) Quality control monitoring plans;

(16) Documentation that the proposed distribution 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

(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(12) 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 the 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 the sewage sludge in Regulation .23C of this chapter shall be waived.

Md. Code Regs. 26.04.06.33

Regulations .33 adopted effective 41:10 Md. R. 562, eff.5/26/2014