Md. Code Regs. 26.04.06.37

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

Section 26.04.06.37 - Agricultural Land

A. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on agricultural land if the following requirements are met:

(1) The sewage sludge has been classified by the Department as Class B sewage sludge and meets the applicable vector attraction reduction requirements in 40 CFR § 503.33;

(2) The concentration of each constituent in the sewage sludge is less than or equal to the ceiling concentration for the constituent listed in Table 1 of Regulation .05B(1) of this chapter;

(3) The sewage sludge meets one of the following criteria:

(a) No constituent in the sewage sludge exceeds the cumulative constituent loading rate for the constituent listed in Table 2 of Regulation .05B(2) of this chapter; or

(b) No constituent in the sewage sludge exceeds the constituent concentration for the constituent listed in Table 3 of Regulation .05B(3) of this chapter;

(4) A nutrient management plan is prepared for the site by a certified and licensed nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04, and is in compliance with COMAR 15.20.07 and 15.20.08; and

(5) Expected crop yields submitted to the Department as part of the Sewage Sludge Utilization Permit Application are determined to be in accordance with the requirements in COMAR 15.20.08.

B. The Department may restrict or apply special provisions for the land application of sewage sludge on fields that are adjacent to or bordering homes, schools, places of worship, hospitals, legal boundaries of incorporated municipalities, or other locations of concern as determined by the Department.

C. Sewage sludge may not be applied on agricultural land unless:

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

(2) The sewage sludge has been classified by the Department as Class B sewage sludge and the requirements of §D of this regulation are met.

D. Class B sewage sludge may be applied on agricultural land only if the following requirements are met:

(1) The requirements of §A(1)-(5) of this regulation;

(2) Requirements concerning minimum buffer distances, as follows:

(a) Class B sewage sludge may not be applied closer than the minimum buffer distance to a feature of concern identified in Table 1 of §D(2)(b) of this regulation, unless the Department establishes an alternate minimum buffer distance in accordance with §D(2)(e) of this regulation.

(b) Table 1 - Minimum Buffer Distances

Feature of Concern	Minimum Buffer Distance
Surface Application of Sewage Sludge with no Incorporation	Injection of Sewage Sludge or Surface Application of Sewage Sludge with Incorporation
Bedrock	20 inches	20 inches
Bedrock outcrops	50 feet	25 feet
Field ditches	10 feet	10 feet
Incorporated municipality boundary lines	1,000 feet	400 feet
Occupied off-site dwelling	200 feet	100 feet
Occupied on-site dwelling	200 feet	100 feet
Property lines	50 feet	25 feet
Public roads	25 feet	15 feet
Surface waters unless Equivalent Best Management Practices are installed	100 feet	35 feet
Water table	20 inches	20 inches
Wells, nonpotable	25 feet	25 feet
Wells, potable	100 feet	100 feet

(c) Sewage sludge may be land applied even though soil survey results indicate that the depth to bedrock or the depth to the water table is less than 20 inches if it can be demonstrated that field conditions are in compliance with the 20-inch buffer distance requirements for these features of concern by:

(i) Using a soil test pit or an auger boring for each applicable soil mapping unit; and

(ii) Demonstrating compliance within 7 days before land application;

(d) For agricultural land located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, sewage sludge:

(i) May not be land applied within 100 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands; and

(ii) May only be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands;

(e) Except as otherwise prohibited by law, the Department may modify the minimum buffer distances established in §D(2)(b) of this regulation as follows:

(i) The Department may increase or decrease the minimum buffer distance associated with any feature of concern identified in Table 1 of §D(2)(b) of this regulation;

(ii) The Department may establish minimum buffer distances for features of concern not identified in Table 1 of §D(2)(b) of this regulation, such as particular categories of land use; and

(iii) In modifying the minimum buffer distances, the Department may consider the sewage sludge application method, the application rate, adjacent land use, land slopes, vegetated filter strip, the type and condition of any surrounding bodies of water, and any other factor considered relevant by the Department;

(3) Bulk sewage sludge may not be applied to a public contact site;

(4) Requirements concerning slope, as follows:

(a) Unless modified by the Department in accordance with §D(4)(b) of this regulation, the following requirements concerning slope shall be met:

(i) The sewage sludge may not be applied on a slope that is greater than 15 percent;

(ii) Liquid sewage sludge which is surface applied on a slope that is greater than 6 percent shall be applied in accordance with COMAR 15.20.08; and

(iii) Liquid sewage sludge may be subsurface injected on a slope that is up to 15 percent; and

(b) The limits of §D(4)(a) of this regulation may be modified by the Department, but only if the Department determines that sediment and erosion controls or other features at a site, or both, are sufficient to protect the public health and the environment;

(5) Sewage sludge may not be applied when:

(a) The soil is saturated;

(b) The ground is flooded, ponded, frozen or covered with snow; or

(c) Weather conditions prevent compliance with the requirement to incorporate the sewage sludge into the soil;

(6) The timing of sewage sludge land application shall be in accordance with the requirements of COMAR 15.20.08;

(7) Areas where sewage sludge is to be applied shall be clearly marked with stakes or other markers before the application of the sewage sludge;

(8) Sites shall be contour plowed, if required by the Department;

(9) At the time of land application of sewage sludge on a permitted privately owned site, if required by the Department, the permittee posts signs that meet the following requirements:

(a) The location, size, content, and number of the signs are as specified by the Department;

(b) The signs are legible, placed in conspicuous areas on the boundaries of the permitted fields, and visible from contiguous public roads and properties with occupied dwellings;

(c) The locations of the signs and time period during which the signs are required to be posted are not in violation of any local or State laws or regulations;

(d) The signs are composed of weather resistant materials and sturdily mounted so as to be capable of remaining in place for 30 days after completion of the land application of sewage sludge on the permitted site; and

(e) The signs are maintained, promptly repaired, or replaced if they are removed or damaged so as to render any of the information illegible;

(10) For a permitted publically owned site, the permittee is in compliance with sign requirements that will be determined by the Department based on sitespecific information;

(11) The sewage sludge shall be applied in a manner approved by the Department using conventional agricultural equipment, such as manure spreaders, spray equipment, or other applicators, or by commercial equipment specifically designed for sewage sludge application on agricultural land, with all conventional agricultural and commercial equipment used for agricultural land application required to be calibrated in accordance with the manufacturer's recommendations before land application of the sewage sludge begins;

(12) The sewage sludge applied shall be incorporated into the soil by the end of each working day unless incorporation is excepted by Section 1D of the Maryland Nutrient Management Manual incorporated by reference into COMAR 15.20.07.02;

(13) When sewage sludge is applied to forage grasses, the grass shall be cropped or closely grazed immediately before sewage sludge land application;

(14) Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge;

(15) Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge;

(16) Animals whose products are consumed by humans may not be allowed to graze on the land for 30 days after application of sewage sludge, and the growth of crops for direct human consumption is prohibited for 3 years after land application of sewage sludge;

(17) Food crops harvested off sewage sludge land application sites shall meet the following requirements:

(a) Food crops with harvested parts that touch the sewage sludge soil mixture and are totally above the land surface may not be harvested for 14 months after application of sewage sludge;

(b) Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for four months or longer before incorporation in the soil;

(c) Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months before incorporation into the soil;

(d) Feed crops or fiber crops may not be harvested for 30 days after application of sewage sludge; and

(e) Turf grown on land where sewage sludge is applied may not be harvested for 1 year after application of sewage sludge when the harvested turf is placed on either a lawn or land with a high potential for public exposure, unless otherwise specified by the Department; and

(18) Trucks, tires and vehicle undercarriages shall be cleaned on the site to prevent drag-out of soil or sewage sludge onto public roads.

Md. Code Regs. 26.04.06.37

Regulations .37 adopted effective 41:10 Md. R. 562, eff.5/26/2014