Md. Code Regs. 26.04.11.11

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

Section 26.04.11.11 - General Permit to Operate a Composting Facility

A. Eligibility for the General Composting Facility Permit.

(1) A person may construct and operate a Tier 1 or Tier 2 Facility under the general Composting Facility Permit issued under §H of this regulation if:

(a) Either:

(i) The operator of an existing composting facility for which a timely and complete Existing Facility Notification was filed under Regulation .07 of this chapter submits the documentation required under §§B-D of this regulation not later than January 1, 2017 and receives an acknowledgement from the Department under §G of this regulation; or

(ii) The operator of a new composting facility submits the documentation required under §§B-D of this regulation and receives an acknowledgement from the Department under §G of this regulation before beginning operations; and

(b) The composting facility is in compliance with:

(i) The terms of the general permit; and

(ii) All requirements of this chapter, without variances.

(2) If an existing composting facility has not filed a complete and timely Existing Facility Notification under Regulation .07 of this chapter, a person may not operate the existing composting facility under the general Composting Facility Permit until the operator submits the documentation required under §§B-D of this regulation and receives an acknowledgement from the Department under §G of this regulation.

(3) A proposed Tier 1 or 2 Facility that requests a variance from the requirements in this chapter or that would not comply with the terms of the general permit shall apply for an individual Composting Facility Permit under Regulation .10 of this chapter.

B. A person intending to construct or operate a composting facility under the general permit shall submit to the Department:

(1) A Notice of Intent (NOI); and

(2) A copy of the CFOP required by Regulation .09 of this chapter.

C. The NOI shall be signed by a responsible party and shall be sent by certified mail.

D. A person signing an NOI shall certify that the composting facility will operate in compliance with the conditions of the general permit.

E. Becoming a permittee under the general permit obligates the person to comply with the terms and conditions of the general permit.

F. Duration of the Permit. The general Composting Facility Permit shall have a term of 5 years and may be reissued with or without changes at the discretion of the Department.

G. Dates of Coverage Under the Permit.

(1) Authorization to operate a composting facility under the general Composting Facility Permit is effective on the date the Department acknowledges receipt of a complete NOI and a complete CFOP.

(2) Authorization under the general Composting Facility Permit ends when the earliest of the following events occurs:

(a) The permit term expires, unless the permittee submits to the Department a request for continuing coverage under §G(3) of this regulation at least 60 calendar days before the permit expires;

(b) The permittee permanently ceases operations after notifying the Department under §G(4) of this regulation;

(c) A change in ownership or control of the composting facility occurs; or

(d) The Department provides written notice to a permittee of suspension or revocation of the permittee's coverage under the general Composting Facility Permit, in accordance with Regulation .16A of this chapter.

(3) Request for Continuing Coverage.

(a) The request for continuing coverage under §G(2)(a) of this regulation may be fulfilled by submission of a renewal NOI and current CFOP.

(b) Once a request for continuing coverage has been filed, an expired general permit continues in force and effect until the general permit is reissued and any deadline for opportunity to register under the new permit is reached or the general permit is revoked or withdrawn.

(4) A permittee who intends to permanently cease operations shall notify the Department of the permittee's intent to do so and shall comply with the requirements in Regulation .13 of this chapter related to composting facility closure.

H. General Permit-Public Notice, Public Meeting and Issuance.

(1) Before issuance or reissuance of the general Composting Facility Permit, the Department shall prepare a draft permit.

(2) The Department shall publish a notice of the draft permit prepared under §H(1) of this regulation on the Department's website, and include in the notice:

(a) A copy of the draft permit;

(b) A statement that the Department shall allow a minimum of 30 calendar days for public comment on the draft permit before the issuance or reissuance of the permit; and

(c) The procedure and deadline for submitting comments on the draft permit.

(3) The Department shall schedule a public meeting on the draft general Composting Facility Permit when a written request is made within 20 calendar days of the publication of the notice of draft permit.

(4) The Department may, at its discretion, hold a public meeting on a draft general Composting Facility Permit if no request for a public meeting is received.

(5) A public meeting may be cancelled if all persons who made timely written request for the meeting withdraw their requests.

(6) If a public meeting is scheduled, the Department shall:

(a) Publish a notice of the public meeting on the Department's website a minimum of 30 calendar days prior to the meeting; and

(b) Include in the notice:

(i) The draft permit; and

(ii) The date, time, and location of the meeting.

(7) The Department shall:

(a) Provide an opportunity at the public meeting for comments concerning the issuance of a general permit; and

(b) Accept written comments on the proposal to issue a general permit for at least 5 calendar days after a public meeting.

(8) The Department shall publish notice of issuance or reissuance of the general Composting Facility Permit on the Department's website.

I. Transfer of Ownership.

(1) Participation in the general permit:

(a) Is not transferable; and

(b) Authorizes only the signatory party to operate the permitted facility.

(2) If there is a change in control or ownership of the property not caused by death of the permittee, the permittee shall:

(a) Notify the succeeding owner by certified mail of:

(i) The existence of the permit; and

(ii) Any outstanding permit noncompliance; and

(b) Make the notification required by §I(2)(a) of this regulation a minimum of 60 calendar days before the change in control or ownership; and

(3) The permittee shall provide the Department with a copy of the notification required in §I(2) of this regulation at the same time that the notification is provided to the succeeding owner.

J. Submission of Revised NOI.

(1) A permittee that is authorized under the general Composting Facility Permit shall submit a revised NOI a minimum of 60 calendar days before either of the following changes occurs:

(a) A permitted Tier 1 Facility becomes a Tier 2 Facility by beginning to accept Type 2 feedstocks; or

(b) A permitted Tier 2 Small Facility becomes a Tier 2 Large Facility by increasing production to greater than 10,000 cubic yards of compost per year.

(2) The permittee shall submit with the revised NOI an updated CFOP required by Regulation .09B(1) of this chapter incorporating any proposed operational changes to be made in association with one of the events listed in §J(1) of this regulation.

(3) Upon submission of a revised NOI under §J(1) of this regulation, the permittee shall comply with all requirements of this chapter and of the general Composting Facility Permit applicable to the new facility tier.

K. Contested Case Hearing.

(1) An applicant shall have the opportunity for a hearing on a denial of authorization to operate under the general Composting Facility Permit, if the applicant files a written request with the Department within 10 calendar days of receipt of a notice of denial.

(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.

Md. Code Regs. 26.04.11.11

Regulation .11 adopted effective 42:12 Md. R. 763, eff.7/1/2015