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 26.04.06.33 - Distribution Facility - Permit Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person shall submit to the Department a
				  separate Sewage Sludge Utilization Permit Application for each site where a
				  sewage sludge distribution facility is to be located. A person shall submit to
				  the Department six completed copies of the Sewage Sludge Utilization Permit
				  Application for a new Sewage Sludge Utilization Permit, a modification to a
				  Sewage Sludge Utilization Permit, or a Sewage Sludge Utilization Permit renewal
				  on a form provided by the Department. A person shall also submit a performance
				  bond, liability insurance, or other form of security required under the
				  provisions of Regulation .10 of this chapter. The application shall include the
				  following completed information:
(1) A
				  written authorization signed by the legal owners of the site where the
				  distribution facility is to be installed, materially altered, or materially
				  extended;
(2) A current site plan
				  designating the property boundary lines, the exact acreage of the site,
				  existing and proposed distribution facility structures, the location of any
				  wells on the site and within 1/2 mile of the site, any residences or buildings
				  on site and within 1/2 mile of the site, the proximity of the site to major
				  roads in the area and any roads on the site, and surrounding land
				  uses;
(3) Tax maps and liber and
				  folio numbers for the parcels of land on which the distribution facility will
				  be installed, materially altered, or materially extended and the names of the
				  legal owners of the site;
(4) A
				  current site-specific topographic map with a minimum scale of 1 inch = 200 feet
				  and a contour interval of not more than 5 feet showing the areal extent of the
				  site, and the location of any stream, spring, or seep within 1/2 mile of the
				  site;
(5) A site-specific geologic
				  and hydrogeologic report as required by the Department, including a hydrologic
				  map showing the location of the 100-year flood plain, if applicable, and the
				  location of all soil tests, soil borings and test pits on the site;
(6) A description of the source, type, and
				  quantity of sewage sludge to be distributed, including any previous treatment
				  the Class A sewage sludge has received, such as anaerobic digestion, aerobic
				  digestion, lime stabilization, composting, or dewatering;
(7) Detailed engineering plans and
				  specifications including the design capacity calculation for the installation,
				  material alteration, or material extension of the distribution facility
				  prepared, signed, and bearing the seal of a registered professional
				  engineer;
(8) A detailed operation
				  plan that includes, when applicable:
(a)
				  Procedures for sampling, on-site record keeping, and reporting of the sewage
				  sludge to be distributed;
(b) Types
				  of equipment to be used for collection, management, washdown, and other
				  operations;
(c) Days and hours of
				  operation;
(d) Methods and
				  procedures to prevent or control odors and other potential nuisance conditions
				  at the site;
(e) Methods and
				  procedures for utilizing the distributed sewage sludge;
(f) Contingency or emergency plans to manage
				  fires, equipment breakdown, spills, and other emergency events; and
(g) Methods and procedures for restricting
				  public access to the site;
(9) A proposed ground and surface water
				  monitoring plan that:
(a) Includes a system
				  for routinely monitoring the quality of waters of the State at, surrounding,
				  and beneath the site;
(b) Specifies
				  the location and type of monitoring stations;
(c) Specifies the method of construction of
				  monitoring wells; and
(d) Provides
				  that monitoring wells shall be installed by a State licensed well driller in
				  accordance with COMAR 26.04.04;
(10) An assessment of the potential
				  environmental impact of the distribution facility;
(11) Documentation showing the maximum
				  seasonal high groundwater elevation;
(12) Unless the analytical results have been
				  submitted to the Department in accordance with the requirements of Regulation
				  .06 of this chapter, the most recent results of a laboratory analysis of a
				  representative composite sample of the sewage sludge that was obtained from the
				  wastewater treatment plant that generated the sewage sludge, subject to the
				  following requirements:
(a) The sample was
				  obtained in accordance with the requirements of Regulation .06 of this
				  chapter;
(b) The analysis of the
				  sample was performed by an independent laboratory or other laboratory
				  acceptable to the Department, using standards, procedures, and methods that are
				  acceptable to the Department;
(c)
				  If requested by the Department, the results shall be accompanied by a
				  description of the method or methods of analysis; and
(d) The analytical results include, at a
				  minimum:
(i) Percent of total solids, pH,
				  ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total
				  arsenic, total cadmium, total copper, total lead, total mercury, total
				  molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls
				  (PCBs), and the dry weight concentration of total Kjeldahl nitrogen;
				  and
(ii) Any other sewage sludge
				  constituent that the Department determines necessary to adequately assess the
				  potential impact of the project on public health and the environment;
(13) 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;
(14) A
				  description of the distribution system to include an identification of the
				  final utilization of the Class A sewage sludge;
(15) Quality control monitoring
				  plans;
(16) Documentation that the
				  proposed distribution and final utilization of the Class A sewage sludge will
				  not cause an undue risk to the environment or public health, safety, or welfare
				  as may be determined by the Department; and
(17) Other information that may be requested
				  by the Department.