Md. Code Regs. 26.04.06.38

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

Section 26.04.06.38 - Agricultural Land - Permit Application Requirements

A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be applied on agricultural land, subject to the following:

(1) Adjacent properties owned and operated by separate persons shall be considered as separate sites; and

(2) Nonadjacent parcels of land that are owned or operated by the same person, as evidenced by a farm plan or other documentation acceptable to the Department, may be considered a single site if the distance between the parcels is 3 miles or less.

B. A person shall submit to the Department seven completed copies of the Sewage Sludge Utilization Permit Application 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.

C. The Sewage Sludge Utilization Permit Application to apply sewage sludge on agricultural land shall include seven completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department:

(1) An owner's consent form completed and signed by the legal owners of the site where sewage sludge is to be applied;

(2) A site information form completed and signed by the person applying for a permit and the farmer or operator of the site where sewage sludge is to be applied; and

(3) A completed manganese advisory form signed by the person applying for the permit, the farmer or operator and the legal owners of the site where sewage sludge is to be applied if the site is located on the Coastal Plain and the sewage sludge to be applied is limed sewage sludge.

D. The Sewage Sludge Utilization Permit Application to apply sewage sludge on agricultural land shall include seven completed copies of the following information:

(1) The sources and types of sewage sludge to be applied, including any treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering;

(2) 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, the property boundary lines, field boundaries, and the proximity of the site to major roads in the area and any roads on the site;

(3) A current site plan that includes:

(a) The location of property boundary lines and field boundaries;

(b) The exact acreage where sewage sludge is to be applied;

(c) The location of all buffer distances;

(d) The location of any residences or buildings on site or within 1/2 mile of the site;

(e) An inventory of any domestic, commercial, or municipal wells on site and within 1/2 mile of the property boundary lines, including water level for the wells if available;

(f) The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water;

(g) The location of any on-site area with a slope of 15 percent or greater;

(h) The location of any on-site bedrock outcropping;

(i) The location of any on-site depression area;

(j) The surrounding land uses;

(k) Other features as determined by the Department; and

(l) A legend identifying the key features on the site plan;

(4) Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the 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 not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department, 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;

(ii) The dry weight concentration of iron if the project involves the application of sewage sludge on pasture land;

(iii) The dry weight concentration of Calcium Carbonate (CaCO3) or equivalent if the sewage sludge to be applied is a lime stabilized or lime amended sewage sludge; and

(iv) Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment;

(5) If required by the Department, the results of a laboratory analysis of a representative soil sample, which was obtained from each field not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department subject to the following:

(a) All soil samples shall be collected from within the field that would receive sewage sludge in accordance with the requirements in COMAR 15.20.08;

(b) Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of sewage sludge;

(c) 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;

(d) If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and

(e) The analytical results include, at a minimum:

(i) pH, cation exchange capacity, and soil texture;

(ii) If metal analysis has not been previously performed on the field, total cadmium, total copper, total lead, total nickel, total zinc, and total phosphorus; and

(iii) Any other constituents in the soil that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment;

(6) A soil map and soil map units from the USDA-NRCS identifying the location of cation exchange capacity tests and pH testing of the soil;

(7) A soil map and soil map units from the USDA-NRCS identifying the proposed location of one soil test pit or auger boring to a depth of at least 36 inches for each soil mapping unit present on the USDA-NRCS county soils map but not less than one soil test pit or auger boring every 5 acres to identify the texture of the soils encountered and the depth to groundwater at the time of application as required by the Department;

(8) Calculations of the lime required to raise the soil pH level to 6.0 and to maintain it at a minimum level of 6.0 over the life of the Sewage Sludge Utilization Permit;

(9) A tax map showing the property line, owner, acreage, and liber and folio numbers;

(10) A USDA-NRCS county soil survey map or a portion thereof clearly identifying the sites of the proposed sewage sludge land application including a description of each soil map unit found on the site;

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

(a) Procedures for sampling, record keeping, and reporting of the sewage sludge to be utilized;

(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 treated sewage sludge;

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

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

(12) A list of type of crops or cover species to be grown, which indicate the crop yields as required in Regulation .37A(5) of this chapter;

(13) A nutrient management plan that:

(a) Has been prepared by a certified and licensed nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04; and

(b) Is in compliance with COMAR 15.20.07 and 15.20.08; and

(14) Other information that may be requested by the Department.

E. The Department may reject an analysis of sewage sludge or a soil sample submitted in accordance with §D(4) and (5) of this regulation and require retesting and resubmittal if the Department determines that the method of analysis is inaccurate, or for any other good cause.

F. 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, $175; and

(b) For a renewal permit application, $175.

(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. 26.04.06.38

Regulations .38 adopted effective 41:10 Md. R. 562, eff.5/26/2014