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 26.04.06.75 - Delegation of Inspection, Monitoring, or Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local health official or the local
				  health official's designee may seek delegation authority from the Department to
				  inspect, monitor, or enforce the provisions of Sewage Sludge Utilization
				  Permits issued for sewage sludge utilization activities in that local
				  jurisdiction.
B. The Department may
				  delegate the inspection, monitoring, or enforcement authority to a local health
				  official if the Department determines that the local health department is
				  capable of conducting the inspection, monitoring, or enforcement of the
				  provisions of Sewage Sludge Utilization Permits issued for sewage sludge
				  utilization activities in that local jurisdiction.
C. The local health official seeking new,
				  modified, or renewed delegation authority from the Department for the
				  inspection, monitoring, or enforcement of the provisions of Sewage Sludge
				  Utilization Permits issued for sewage sludge utilization activities in that
				  local jurisdiction, shall submit to the Department a written request for the
				  delegation authority on or before January 1 immediately preceding the State
				  fiscal year for which new or renewal delegation is sought.
D. The written request shall include a
				  statement from the elected executive of the county or municipal corporation
				  that is seeking delegation approving the request for the delegation
				  authority.
E. The Department shall,
				  in writing, grant or deny the delegation authority on or before May 1of the
				  State fiscal year that immediately precedes the State fiscal year for which new
				  or renewal delegation authority is sought.
F. The Department may not deny a requested
				  delegation authority unless opportunity has been afforded to the appropriate
				  local health official of the affected local jurisdiction to present arguments
				  before the Department as to why delegation is appropriate.
G. If the Department determines that a local
				  health official's written request for delegation authority to inspect, monitor,
				  or enforce the provisions of Sewage Sludge Utilization Permits issued for
				  sewage sludge utilization activities in that local jurisdiction meets the
				  applicable requirements of this regulation, the Department shall enter into a
				  written delegation agreement with the local health official.
H. The Department shall establish the terms
				  and conditions of the delegation agreement to comply with the requirements of
				  this regulation.
I. The delegation
				  agreement shall include terms and conditions to ensure oversight by the
				  Department including evaluations and financial audits.
J. The Department may issue a delegation
				  agreement for a term not to exceed 5 years.
K. Delegation shall be effective July 1 of
				  the initial State fiscal year for which new or renewal delegation authority is
				  sought, and shall end on June 30 of the year the delegation agreement
				  expires.
L. The Department may
				  provide the local health department with grants for the reasonable
				  reimbursement of costs the local health department has incurred as provided in
				  the delegation agreement in accordance with Environment Article, §
										9-320, Annotated Code of
				  Maryland.
M. If the Department
				  determines that a delegated local health department is not capable of
				  conducting the inspection, monitoring, or enforcement of the provisions of the
				  terms and conditions of the delegation agreement between the Department and the
				  local health official, the Department may suspend or revoke the delegation
				  authority after opportunity is afforded for the appropriate local health
				  official of the affected local jurisdiction to present arguments before the
				  Department.