Md. Code Regs. 26.04.06.36

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

Section 26.04.06.36 - Distribution Facility - Modifications, Material Alterations or Extensions

A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a 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 distribution facility upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department six completed copies of the Sewage Sludge Utilization Permit 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, 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, 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 Class A sewage sludge distribution facility:

(1) Modification to the source or type of Class A sewage sludge authorized for distribution from the distribution facility;

(2) Modification to the distribution facility's operation plan;

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

(4) Modification to the closure and post-closure plan;

(5) Modification to the distribution facility's days and hours of operation provided the days and hours of operation were not an issue of concern during the public hearing process;

(6) The permittee's name change;

(7) Modifications to the approved label; or

(8) Other modifications as determined by the Department.

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

E. The following are material alterations or extensions to a Class A sewage sludge distribution facility:

(1) Materially altering or extending the size of the structures or buildings used to distribute Class A sewage sludge;

(2) Change to the distribution facility's days or hours of operation if the days and hours of operation were an issue of concern during the public hearing process; or

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

F. If the Department considers an application for material alteration or extension complete and acceptable, the Department may process the application in accordance with the requirements under Regulation .34 of this chapter.

G. If the Department modifies a Sewage Sludge Utilization Permit or materially alters or extends a distribution 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.

H. The Department may deny an application to modify a Sewage Sludge Utilization Permit or materially alter or extend a distribution facility 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. 26.04.06.36

Regulations .36 adopted effective 41:10 Md. R. 562, eff.5/26/2014