Md. Code Regs. 26.04.06.42

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

Section 26.04.06.42 - Marginal Land

A. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on a marginal land at rates up to 50 dry tons per acre 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; and

(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.

B. Sewage sludge may not be applied on a marginal 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 §C of this regulation are met.

C. Class B sewage sludge may be applied on a marginal land only if the following requirements are met:

(1) The requirements of §A(1)-(3) of this regulation;

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

(3) The sewage sludge may not be applied within a vertical distance of 2 feet of the maximum expected high groundwater level;

(4) Minimum buffer distances are maintained in accordance with the requirements in Regulation .37D(2) of this chapter;

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

(6) The sewage sludge shall be spread evenly over the site using conventional earth moving equipment, agricultural equipment, or commercial equipment specifically designed for application of sewage sludge;

(7) The sewage sludge applied shall be incorporated into the soil by the end of each working day;

(8) A crop that is not grown for direct human consumption shall be planted after sewage sludge application during the next available planting season in accordance with a plan approved by the Department;

(9) Application of sewage sludge shall cease when weather or site conditions or odors prevent compliance with an operation plan approved by the Department;

(10) At the time of application of sewage sludge on a permitted privately owned site, if required to do so 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;

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

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

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

(14) 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 the application of sewage sludge;

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

(16) The Department may impose other restrictions on the application project necessary to minimize the risk to the environment or public health, safety, or welfare as may be determined by the Department.

D. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on a marginal land at rates greater than 50 dry tons per acre if the following conditions are met:

(1) The requirements of §§A-C of this regulation are met;

(2) The applicant demonstrates to the Department that the high application rate is reasonable due to site-specific conditions or sewage sludge characteristics;

(3) The applicant submits a report detailing the potential environmental impacts of the project, subject to the following:

(a) The report shall consider, at a minimum, the potential impacts of the project on soils, groundwater, surfacewater, adjacent properties, and future land use; and

(b) The report shall contain the results of all on-site tests and laboratory reports necessary to assess the environmental impacts on the project; and

(4) The Department determines that the requested application rate is reasonable based on the site specific conditions, the characteristics of the sewage sludge, and that the project will not cause an undue risk to the environment or public health, safety, or welfare.

Md. Code Regs. 26.04.06.42

Regulations .42 adopted effective 41:10 Md. R. 562, eff.5/26/2014