Md. Code Regs. 26.04.11.10

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

Section 26.04.11.10 - Application for Individual Permit and Permit Review

A. Requirements for Application.

(1) An applicant for an individual Composting Facility Permit shall submit a permit application on a form provided by the Department.

(2) An applicant for an individual Composting Facility Permit shall also apply for any air quality permits required under COMAR 26.11.02 and any discharge permits required under COMAR 26.04.02.09 and COMAR 26.08.04, including a permit for storm water discharges if required.

(3) The application for an individual Composting Facility Permit shall include:

(a) The name and address of the applicant;

(b) The applicant's Social Security Number, if the applicant is an individual, or the applicant's federal tax identification number, if the applicant is not an individual;

(c) A description of the composting facility for which the permit is requested, including an explanation of how the requirements of this chapter shall be met;

(d) A listing of all other applicable permits required under local, State, or federal law and regulations, including permit numbers for those currently held;

(e) A marketing plan and strategy for the compost produced at the composting facility;

(f) Copies of plans and engineering reports as described in §B of this regulation; and

(g) A description of any variances for which the applicant is applying at the time of application, in accordance with Regulation .14 of this chapter.

B. Engineering Plans and Specifications.

(1) The applicant shall submit engineering plans and specifications for the composting facility to the Department as part of the application.

(2) The information contained in these plans and specifications shall include:

(a) A map showing the specific location of the composting facility and types of land uses, including any residential areas, schools, or other institutions located within 1/2 mile of the boundaries of the composting facility;

(b) Drawings of on-site buildings and other composting facility structures, including any pads and contact water or stormwater containment systems, showing the type of construction, layout, and dimensions;

(c) For facilities with any outdoor operations, including feedstock receipt or curing, a topographic map of the site that identifies slopes greater than 25 percent, floodplains, wetlands, streams, and aquifer recharge areas;

(d) Drawings showing feedstock receipt and storage, compost storage, equipment storage, curing, and active composting areas;

(e) A site plan designating the property boundaries, existing and proposed composting facility structures, and roads;

(f) A descriptive statement of processes and technology to be used;

(g) The distance to the seasonal high water table, demonstrating compliance with Regulation .08D of this chapter;

(h) A description of the following:

(i) Major items of equipment including manufacturer, type, model, capacity, and number of units;

(ii) Types and anticipated quantities of feedstocks to be accepted and processed daily;

(iii) Types of feedstocks that are not accepted;

(iv) Means by which the quantities of materials entering the composting facility, processed at the composting facility, and leaving the composting facility are determined;

(v) Geographic areas expected to be served by the composting facility;

(vi) Measures that shall be taken to prevent or control ground or surface water pollution, fires, odors, noise, dust, litter, vectors, and other nuisances;

(vii) Methods of controlling contact water and stormwater from the composting facility;

(viii) Soil types and depths at the composting facility site;

(ix) Employee safety and sanitary facilities including the location of on-site sewage disposal and water supply systems;

(x) Number and positions of employees; and

(xi) Hours of operation;

(i) A copy of the CFOP required under Regulation .09 of this chapter;

(j) If required, an erosion and sediment control plan that meets the requirements of COMAR 26.17.01 and has been approved by the local soil conservation district or appropriate approving authority;

(k) A grading permit as required by the local jurisdiction;

(l) A description of site security and access control; and

(m) An approved and bonded stormwater management plan, if required by the local jurisdiction.

C. Term of License. A Composting Facility Permit shall be issued for a term of 5 years.

D. The Department shall distribute the applications submitted to the:

(1) Governing body, the county executive, or both, of a county or municipality in which the activity is proposed;

(2) Local operating agency responsible for solid waste and recycling management;

(3) Local health or environmental official;

(4) Department of Natural Resources;

(5) Appropriate soil conservation district;

(6) U.S. Army Corps of Engineers;

(7) State Highway Administration;

(8) State Fire Marshal's Office; and

(9) Local fire marshal.

E. The Department shall invite each person receiving a copy of the application under §D of this regulation to:

(1) Inspect the site that is the subject of the application during a joint inspection scheduled by the Department; and

(2) Submit comments to the Department within 30 calendar days of receipt of the application and supporting information.

F. Public Notice.

(1) Upon an applicant's submission of a completed application for an individual Composting Facility Permit, the Department shall publish a notice of the application on the Department's website, including:

(a) A statement of the location of the proposed facility and the type and quantity of feedstocks intended to be composted;

(b) A statement that the Department shall allow 30 calendar days for public comment on the application before issuance of the permit;

(c) The procedure and deadline for submitting comments on the application; and

(d) Any other information related to the application that the Department considers relevant.

(2) The Department shall publish notice of issuance of an individual Composting Facility Permit on the Department's website.

G. Contested Case Hearing.

(1) The applicant shall have an opportunity for a hearing on a denial of an individual Composting Facility Permit or any condition of an individual Composting Facility Permit, if the applicant files a written request with the Department within 10 calendar days of receipt of the notice of denial or issuance of the permit with conditions.

(2) A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

H. Permit Modification.

(1) The Department may modify an individual Composting Facility Permit upon request by the permittee if all the following conditions are met:

(a) The permittee is in compliance with this chapter and all the conditions of the permit;

(b) The permittee submits to the Department a modification application, on a form provided by the Department, including:

(i) A description of the proposed modification and an explanation of why the modification is needed;

(ii) A revised version of any documentation listed in §B of this regulation that will change as a result of the modification, including a revised CFOP incorporating the proposed modifications; and

(iii) Any other information requested by the Department to evaluate the proposed modification; and

(c) The Department determines that the proposed modification is in compliance with this chapter and does not adversely affect the environment or public health.

(2) An application for a major permit modification shall be subject to the notice and comment opportunities provided in §§D- F of this regulation, except that only provisions of the permit subject to modification shall be open for comment.

(3) An application for a minor permit modification is not subject to the notice and comment opportunities provided in §§D- F of this regulation.

Md. Code Regs. 26.04.11.10

Regulation .10 adopted effective 42:12 Md. R. 763, eff.7/1/2015