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 26.04.06.09 - Sewage Sludge Utilization Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided under the provisions of
				  §C of this regulation, a person may not engage in the following utilization
				  activities of sewage sludge, or any product containing this material, without
				  first obtaining a Sewage Sludge Utilization Permit from the Department:
				  treatment, composting, transportation, storage, distribution, application on
				  agricultural land or marginal land, energy generation or incineration,
				  marketing, conducting innovative or research projects, or disposal or
				  alternative utilization at a municipal landfill.
B. The Department may not issue a Sewage
				  Sludge Utilization Permit for the purpose of utilizing sewage sludge to grow
				  tobacco.
C. Sewage Sludge
				  Utilization Permits issued under this regulation are not required for the
				  following persons or activities:
(1) A person
				  who is engaged in the transportation or land application on agricultural or
				  marginal land of Class A sewage sludge subject to the following conditions:
(a) The Class A sewage sludge shall only be
				  transported from the facility that generated the Class A sewage sludge to the
				  marketing destination in accordance with the transportation requirement in
				  Regulation .22 of this chapter;
(b)
				  The Class A sewage sludge may not be field stockpiled (staged) or land applied
				  in a manner that will cause an undue risk to the environment or public health,
				  safety, or welfare, or in a manner that causes or is likely to cause a
				  discharge of constituents to the waters of the State;
(c) The Class A sewage sludge shall only be
				  field stockpiled (staged) in accordance with Section 1D of the Maryland
				  Nutrient Management Manual incorporated by reference into COMAR
				  15.20.07.02 and in compliance with
				  other applicable State, federal, and local laws and regulations;
(d) The Class A sewage sludge shall only be
				  land applied on agricultural land in accordance with a nutrient management plan
				  prepared by a certified and licensed nutrient management consultant or a
				  certified operator in accordance with the Maryland Department of Agriculture
				  requirements in COMAR 15.20.04 and in compliance with COMAR 15.20.07 and
				  15.20.08;
(e) If the Class A sewage
				  sludge field stockpiled (staged) at a site is otherwise regulated by an
				  individual or general NPDES Permit, the provisions of that permit will
				  supersede the requirements in §C(1)(a)-(c) of this regulation; and
(f) In the event of an odor problem, the
				  Department will notify the person who is applying the Class A sewage sludge
				  that corrective measures shall be implemented, such as the temporary cessation
				  of Class A sewage sludge application, or the application of odor control
				  agents, such as lime, potassium permanganate, or other odor control agents. For
				  the purpose of this requirement, an "odor problem" is defined as the receipt of
				  at least one odor complaint regarding the Class A sewage sludge utilization
				  followed by verification of the objectionable off-site odors by the Department,
				  or a finding by the Department that odors caused by the utilization of the
				  Class A sewage sludge are occurring offsite and are sufficiently strong as to
				  be the likely cause of a complaint;