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26.04.11.00.htm 26.04.11.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 11 Composting Facilities Authority: Environment Article, §9-1725, Annotated Code of Maryland
26.04.11.01.htm 26.04.11.01. 01 Scope.. A. Except as otherwise provided, this chapter applies to persons engaged in the construction and operation of composting facilities.B. Facilities that compost only natural wood waste are subject to the requirements in COMAR 26.04.09.C. Tier 3 composting facilities are subject to the requirements in:. 1) COMAR 26.04.06, for facilities composting sewage sludge; or. 2) COMAR 26.04.07, for facilities composting solid waste.. D. In addition to the Composting Facility Permit r
26.04.11.02.htm 26.04.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “24-hour, 25-year storm event” means the amount of precipitation, occurring over 24 hours, that has a probability of 1/25 of being met or exceeded during any 1-year period.2) “Active composting” means the phase of composting prior to curing.. 3) “All-weather pad” means a pad of sufficient construction, firmness, and grading so that composting equipment can manage th
26.04.11.03.htm 26.04.11.03. 03 Incorporation by Reference.. In this chapter, the following documents are incorporated by reference:. A. 40 CFR §122.26(b)14) as amended;. B. 40 CFR Part 503, Appendix B, §B)1) as amended, except wherever the words “sewage sludge” appear, substitute “materials being composted” andC. 40 CFR §503.33(b)5) as amended, except wherever the words “sewage sludge” appear, substitute “materials being composted”
26.04.11.04.htm 26.04.11.04. 04 General Restrictions and Specifically Prohibited Acts.. A. Applicability. This regulation applies to a composting facility, regardless of whether the composting facility is required to obtain a Composting Facility Permit under this chapter.B. General Restrictions. A person shall not engage in composting in a manner which will likely:. 1) Create a nuisance;. 2) Be conducive to insect and rodent infestation or the harborage of animals;. 3) Cause nuisance odors o
26.04.11.05.htm 26.04.11.05. 05 Permits Required.. A. Applicability.. 1) This regulation applies to a composting facility that is not located at a farm.. 2) Regulation .06 of this chapter establishes the permit requirements for a composting facility located at a farm.B. Permits Required. Except as provided in §CE of this regulation and in Regulation .07 of this chapter, a person:1) May not cause, suffer, allow, or permit the construction or operation of a composting facility in the State without a perm
26.04.11.06.htm 26.04.11.06. 06 On-Farm Composting Facilities ― Permits Required.. A. Applicability.. 1) This regulation applies to a composting facility located at a farm.. 2) Regulation .05 of this chapter establishes the permit requirements for a composting facility that is not located at a farm.B. Permits Required. Except for an on-farm composting facility that qualifies for an exemption under §C―G of this regulation and except as provided in Regulation .07 of this chapter, a person:
26.04.11.07.htm 26.04.11.07. 07 Existing Composting Facilities.. A. This regulation applies to composting facilities that began operations on or before July 1, 2015.. B. On or before September 1, 2015, an existing composting facility that is required to obtain a Composting Facility Permit under Regulations .05 or .06 of this chapter shall submit an Existing Facility Notification to the Department.C. The Existing Facility Notification required under §B of this regulation shall be submitted on a f
26.04.11.08.htm 26.04.11.08. 08 Composting Facility Siting and Design Requirements.. A. This regulation applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter, and establishes conditions that the composting facility operator shall meet with respect to construction of the composting facility.B. Siting Criteria.. 1) Except where a greater setback is required by local, State, or federal law or regulations, feedstock receipt, feedstock st
26.04.11.09.htm 26.04.11.09. 09 Composting Facility Operating Requirements.. A. This regulation:. 1) Applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter, and2) Establishes requirements that the composting facility operator shall meet in operating a composting facility.B. Basic Operating Requirements.. 1) Composting Facility Operations Plan (CFOP). a) A composting facility shall have and follow a Department-approved CFOP that contains:.
26.04.11.10.htm 26.04.11.10. 10 Application for Individual Permit and Permit Review.. A. Requirements for Application.. 1) An applicant for an individual Composting Facility Permit shall submit a permit application on a form provided by the Department.2) An applicant for an individual Composting Facility Permit shall also apply for any air quality permits required under COMAR 26.11.02 and any discharge permits required under COMAR 26.04.02.09 and COMAR 26.08.04, including a permit for storm water
26.04.11.11.htm 26.04.11.11. 11 General Permit to Operate a Composting Facility.. A. Eligibility for the General Composting Facility Permit.. 1) A person may construct and operate a Tier 1 or Tier 2 Facility under the general Composting Facility Permit issued under §H of this regulation if:a) Either:. i) The operator of an existing composting facility for which a timely and complete Existing Facility Notification was filed under Regulation .07 of this chapter submits the documentation required unde
26.04.11.12.htm 26.04.11.12. 12 Recordkeeping and Reporting.. A. This regulation applies to composting facilities required to obtain a Composting Facility Permit.. B. Measurement for Recordkeeping and Reporting.. 1) For the purpose of the composting facility records required in §C of this regulation, quantities may be measured in either volume or weight.2) For the purpose of the annual report required in §D of this regulation, quantities shall be reported by:a) Weight, for Tier 1 Facilities; and.
26.04.11.13.htm 26.04.11.13. 13 Closure.. A. A composting facility required to obtain a Composting Facility Permit under this chapter shall submit to the Department a notice of final closure within 270 calendar days after receipt of the final load of feedstocks.B. Notice of final closure required under §A of this regulation shall include:. 1) The date of final feedstock receipt; and. 2) A site closure plan that provides for:. a) Management of all feedstock and active, curing, and finished compost and
26.04.11.14.htm 26.04.11.14. 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 envi
26.04.11.15.htm 26.04.11.15. 15 Pilot and Research Projects.. A. A person may apply for approval to conduct a pilot or research project at a composting facility permitted under this chapter if the project would require the composting facility to temporarily deviate from one or more provisions of this chapter, the general or individual Composting Facility Permit, or the Composting Facility Operations Plan submitted with the NOI or permit application.B. Activities Eligible for Approval. To be eligibl
26.04.11.16.htm 26.04.11.16. 16 Enforcement.. A. Suspension or Revocation of Permits.. 1) After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Composting Facility Permit or authorization to operate under the general Composting Facility Permit if the Department finds that:a) False or inaccurate information was contained in:. i) The Composting Facility Permit application or NOI to operate under the general Composting Facility Permit;
26.04.11.9999.htm 26.04.11.9999. Administrative History Effective date: June 22, 2015 (42:12 Md. R. 763).
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