Md. Code Regs. 26.04.06.72

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

Section 26.04.06.72 - Transfer of a Sewage Sludge Utilization Permit or Ownership

A. Thirty days before any change in control or ownership of the permitted property, site, or facility, the permittee shall:

(1) Provide the succeeding legal owners of the permitted property, site, or facility by certified mail, with a copy of:

(a) The "Owner's Consent Form" signed by the current owners of the permitted property, site, or facility; and

(b) A copy of the Sewage Sludge Utilization Permit for the permitted property, site, or facility; and

(2) Notify the succeeding legal owners of any outstanding permit noncompliance, and, at the same time, submit to the Department a copy of this notification.

B. Sewage Sludge Utilization Permits for sewage sludge treatment, composting, storage, or distribution facilities, application on agricultural or marginal land, energy generation or incineration, or innovative or research project are not transferable and are only valid for the permittee named in the Sewage Sludge Utilization Permit. In order for a different person to become the permittee for a Sewage Sludge Utilization Permit for these sewage sludge utilization activities, the new person shall first obtain a new Sewage Sludge Utilization Permit from the Department.

C. The Department may transfer to a new person a Sewage Sludge Utilization Permit for sewage sludge transportation, marketing, or disposal or alternative utilization project at a municipal landfill if:

(1) The permittee submits to the Department a written request for the transfer that:

(a) Indicates the reason for the requested transfer; and

(b) Is signed by the permittee and the new person seeking to obtain the Sewage Sludge Utilization Permit;

(2) The permittee submits to the Department a written agreement between the permittee and new person indicating the specific date of the proposed transfer of the Sewage Sludge Utilization Permit, and acknowledging responsibilities of the permittee and the new person for compliance with the terms and conditions of the Sewage Sludge Utilization Permit;

(3) The new person submits to the Department the required performance bond, liability insurance, or other form of security required by provisions of Regulation .10 of this chapter;

(4) The new person pays the Department a nonrefundable Sewage Sludge Utilization Permit transfer fee of $500; and

(5) The permittee or the new person submits to the Department other information that may be requested by the Department.

D. If the Department considers the request for transfer complete and acceptable, the Department may transfer the Sewage Sludge Utilization Permit.

E. The Department may deny a request to transfer a Sewage Sludge Utilization Permit if:

(1) The permittee is not in compliance with applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit that is subject to transfer;

(2) The new person has violated:

(a) Any law of the State or any other state concerning the utilization of sewage sludge; or

(b) Any provision of the Environment Article, Annotated Code of Maryland or any regulation adopted under the Environment Article, Annotated Code of Maryland; or

(3) For any other good cause as determined by the Department.

Md. Code Regs. 26.04.06.72

Regulations .72 adopted effective 41:10 Md. R. 562, eff.5/26/2014