Md. Code Regs. 26.04.06.39

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

Section 26.04.06.39 - Agricultural Land - Public and Local Government Participation Requirements for a Permit Application

A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application to apply sewage sludge on agricultural land to:

(1) The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be applied;

(2) The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where sewage sludge is to be applied; and

(3) The local health official.

B. Within 10 calendar days of receipt of the application, the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be applied on agricultural land may request that the Department conduct a public information meeting.

C. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be applied on agricultural land receives the application regarding the proposed project.

D. If the Department receives a request for a public information meeting in accordance with §B of this regulation, the Department shall conduct a public information meeting in the affected subdivision. The person applying for the Sewage Sludge Utilization Permit shall be notified and be given the opportunity to present information at the public information meeting.

E. The Department may consolidate public information meetings within a county for more than one Sewage Sludge Utilization Permit Application.

F. After the Department has established the date, location, and time for a public information meeting, the Department shall publish a notice of the receipt of the permit application and of the public information meeting, at least 14 calendar days before the public information meeting, in a newspaper of general circulation in the area that the Department determines may be directly affected by the project. The public notice shall briefly describe the proposed project and state the date, time, and location established by the Department for the public information meeting.

G. At least 7 calendar days before the date of the public information meeting, the person applying for the Sewage Sludge Utilization Permit shall provide copies, by certified mail or other means of delivery acceptable to the Department, of the Department's notice for the public information meeting to owners of all real property within 1,000 feet of the boundaries of the site where the sewage sludge is to be applied on agricultural land.

H. The person applying for the Sewage Sludge Utilization Permit shall submit to the Department copies of the documentation of the public information meeting notices as proof of notification to all owners of real properties within 1,000 feet of the boundaries of the site where the sewage sludge is to be applied.

Md. Code Regs. 26.04.06.39

Regulations .39 adopted effective 41:10 Md. R. 562, eff.5/26/2014