Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.06 - Sewage Sludge Management › Section 26.04.06.32 - Distribution Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may issue a Sewage Sludge Utilization Permit to install, materially
				  alter, or materially extend a sewage sludge distribution facility if the person
				  applying for a Sewage Sludge Utilization Permit demonstrates that the following
				  conditions and requirements will be met:
(1)
				  The sewage sludge has been classified by the Department as Class A sewage
				  sludge;
(2) When distributed, a
				  label shall accompany the distributed sewage sludge, which:
(a) 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),
				  warnings, and restrictions necessary for usage or storage;
(b) Advises the person who is utilizing the
				  product that the authorization to distribute 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
(c) Includes any specific restrictions,
				  warnings, or cautionary statement that the Department requires to be included
				  on the label;
(3) The
				  sewage sludge to be distributed from the distribution facility does not contain
				  free liquid, with the presence of free liquid determined by:
(a) Application of Method 9095B (Paint Filter
				  Liquids Test) as outlined in the most recent edition of the USEPA Publication
				  SW-846 "Test Methods for Evaluating Solid Waste", which is incorporated by
				  reference in COMAR
				  26.13.01.05A(4);
				  or
(b) A comparable test approved
				  by the Department;
(4)
				  For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall
				  be maintained between the distribution facility sewage sludge processing or
				  storage area and the nearest inhabited off-site dwelling, except that this
				  buffer distance may be reduced if the Department determines that the
				  distribution facility has adequate odor control measures;
(5) A distribution facility may not be
				  located in a flood prone area;
(6)
				  A distribution facility located within a 100year flood plain shall be evaluated
				  as to its hydrologic impact on adjoining landowners;
(7) The distribution facility is designed,
				  constructed, and operated to safely distribute sewage sludge in a manner that
				  will not cause an undue risk to the environment or public health, safety, or
				  welfare as may be determined by the Department;
(8) The cell floor elevation shall be at
				  least 2 feet above the maximum seasonal high groundwater elevation;
(9) A distribution facility may not be
				  located on an unstable area;
(10)
				  Any other special conditions and management practices to land apply Class A
				  sewage sludge required by the Department as the Department determines
				  necessary; and
(11) Public access
				  to the distribution facility is controlled.