Md. Code Regs. 26.04.11.14

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

Section 26.04.11.14 - Variances

A. A person proposing to construct or currently operating a composting facility may make written application to the Department for a variance from one or more of the provisions in this chapter.

B. The Department shall grant a variance when the design or method of operation proposed in the variance application shows, to the satisfaction of the Department, that the composting facility operations will conserve and protect the public health, natural resources, and environment of the State, prevent nuisances, and control air, water, and land pollution to at least the same extent as would be obtained by compliance with these regulations.

C. A person requesting a variance shall submit the information required by the Department, including:

(1) The nature and location of the composting facility;

(2) The reasons the variance is requested, including the economic, technological, or environmental justification; and

(3) Other relevant information the Department may require in order to make a determination regarding the requested variance.

D. The Department shall make a determination, in writing, to either grant or deny the requested variance. If the variance request is denied, the Department shall inform the applicant in writing of the basis for the denial and the procedures for appeal of the determination.

E. Contested Case Hearing.

(1) An applicant shall have the opportunity for a hearing on a denial of a variance, if the applicant for the variance files a written request with the Department within 10 calendar days of receipt of the 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.

F. The variance shall become effective when:

(1) The Department has issued a written determination granting the requested variance;

(2) The composting facility for which the variance is requested has been issued an individual Composting Facility Permit; and

(3) The composting facility for which the variance is requested has obtained any other permits or approvals required by State, local, or federal law or regulation.

G. A person operating under or proposing to operate under the general Composting Facility Permit of Regulation .11 of this chapter may not obtain a variance.

H. The Department may rescind a variance if it finds that the facility has violated any of the general restrictions listed in Regulation .04B of this chapter as a result of operating according to the variance or for other good cause.

Md. Code Regs. 26.04.11.14

Regulation .14 adopted effective 42:12 Md. R. 763, eff.7/1/2015