Md. Code Regs. 26.04.06.53

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

Section 26.04.06.53 - Marketing - Permit Application Requirements

A. A person seeking to market, in Maryland, sewage sludge generated out-of-State shall:

(1) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department;

(2) Include, as part of the permit application required by §A(1) of this regulation, the information specified in §B of this regulation; and

(3) Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter.

B. A Sewage Sludge Utilization Permit Application submitted under §A of this regulation shall include the following completed information:

(1) A description of the source, type, and quantity of sewage sludge to be marketed, including any previous treatment the Class A sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering;

(2) 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; and

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

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

(a) A label that shall accompany the marketed sewage sludge, which:

(i) Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), field stockpiling (staging) and storage requirements, odor control measures, warnings, and restrictions necessary for utilization;

(ii) Advises the person who is utilizing the product that the authorization to market the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and

(iii) Includes any specific restrictions, warnings, or cautionary statements that the Department requires to be included on the label;

(b) Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be marketed;

(c) Methods and procedures to prevent or control odors and other potential nuisance conditions from the sewage sludge to be marketed; and

(d) A marketing plan and strategy for the sewage sludge with a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge;

(4) Quality control monitoring plans;

(5) Documentation that the marketing and final utilization of the Class A sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, and it will not cause or likely cause a discharge of constituents to the waters of the State;

(6) Information on steps that will be taken to comply with any additional conditions and management practices to market the Class A sewage sludge required by the Department under Regulation .52B of this chapter; and

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

C. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(2) 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.

D. 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, $750; and

(b) For a renewal permit application, $750.

(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. 26.04.06.53

Regulations .53 adopted effective 41:10 Md. R. 562, eff.5/26/2014