26.04.06.09

.09 Sewage Sludge Utilization Permits.

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;

(2) A person transporting sewage sludge that was generated in another state for utilization outside of the State of Maryland;

(3) A person requesting to transport sewage sludge from a wastewater treatment plant to another wastewater treatment plant to be utilized for seeding as determined by the Department if:

(a) The person receives a written authorization from the Department before the transportation of sewage sludge from one wastewater treatment plant to the wastewater treatment plant requiring seeding; and

(b) The period of transportation does not exceed 30 days unless specifically authorized by the Department;

(4) A person requesting to transport sewage sludge from a wastewater treatment plant during inclement weather conditions, or as a result of a process failure, equipment breakdown, or any other emergency conditions at the wastewater treatment plant as determined by the Department to a permitted sewage sludge or municipal landfill for disposal or alternative utilization if:

(a) The sewage sludge does not contain free liquid, with the presence of free liquid determined by:

(i) 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

(ii) A comparable test approved by the Department;

(b) The person receives written authorization from the Department before the transportation of sewage sludge from the wastewater treatment plant to a permitted municipal landfill for disposal or alternative utilization is commenced;

(c) The person complies with the requirements for transportation and disposal or alternative utilization at the municipal landfill established by the Department or out-of-State authority; and

(d) The period of transportation does not exceed 30 days unless specifically authorized by the Department;

(5) A person requesting the transportation of liquid sewage sludge from a wastewater treatment plant during inclement weather conditions, or as a result of a process failure, equipment breakdown, or any other emergency conditions at the wastewater treatment plant as determined by the Department to another wastewater treatment if:

(a) The person receives written authorization from the Department before the transportation of sewage sludge from one wastewater treatment plant to the other wastewater treatment plant;

(b) The person complies with the requirements for transportation established by the Department; and

(c) The period of transportation does not exceed 30 days unless specifically authorized by the Department;

(6) A person who constructs and operates a sewage sludge-to-energy facility or a sewage sludge incinerator if the sewage sludge-to-energy facility or the sewage sludge incinerator is regulated by an air quality permit issued by the Department in accordance with the requirements in COMAR 26.11.02;

(7) A person who constructs and operates a sewage sludge landfill if the sewage sludge landfill is regulated by a refuse disposal permit issued by the Department in accordance with the requirements in COMAR 26.04.07;

(8) A person mixing sewage sludge that has been classified by the Department as Class A sewage sludge with other material if:

(a) The person demonstrates to the Department that the final utilization of the mixture will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and

(b) The person receives a written authorization from the Department before the mixing may commence;

(9) A person who stores bagged sewage sludge that has been classified by the Department as Class A sewage sludge as part of commercial activities, such as hardware stores, garden centers, and nurseries, if:

(a) The period of storage does not exceed 180 days; and

(b) The storage does not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(10) A person who constructs and operates a sewage sludge-to-energy facility or a sewage sludge incinerator at a wastewater treatment plant if:

(a) The wastewater treatment plant is regulated by and is in compliance with the sewerage construction permit issued for the wastewater treatment plant by the Department in accordance with the requirements in COMAR 26.03.12; and

(b) The sewage sludge-to-energy facility or the sewage sludge incinerator is regulated by an air quality permit issued by the Department in accordance with the requirements in COMAR 26.11.02;

(11) A person who installs, materially alters, or materially extends a sewage sludge storage or distribution facility at a wastewater treatment plant if the wastewater treatment plant is regulated by and is in compliance with the sewerage construction permit issued for the wastewater treatment plant by the Department in accordance with the requirements in COMAR 26.03.12; and

(12) A person who conducts an innovative or research project to utilize sewage sludge at a wastewater treatment plant if:

(a) The innovative or research projects, such as the utilization of sewage sludge in brickmaking, as fuel, in resource recovery projects, or other projects is conducted in a manner that it will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(b) The wastewater treatment plant is regulated by and is in compliance with the sewerage construction permit issued for the wastewater treatment plant by the Department in accordance with the requirements in COMAR 26.03.12;

(c) If applicable, the innovative or research project is regulated by an air quality permit issued by the Department in accordance with the requirements in COMAR 26.11.02; and

(d) The innovative or research project is regulated by any other applicable permits issued by the Department.