# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 20 — Soil and Water Conservation

### Chapter 13 — Food Processing Residuals Utilization Program

#### Regulation .15 Storage Facility.

*COMAR 15.20.13.15*

A. The Department may not issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility until:

  (1) The storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located;

  (2) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

  (3) The person has provided evidence showing that the structure meets:

    (a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or

    (b) An equivalent standard as determined by a professional engineer;

B. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §A(3) of this regulation continue to be met may include:

  (1) A visual inspection of the storage facility by the Department; and

  (2) Other evidence determined by the Department.

C. The Department may issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility if the applicant demonstrates that the following conditions and requirements will be met:

  (1) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

  (2) The person has provided evidence showing that the structure meets:

    (a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or

    (b) An equivalent standard as determined by a professional engineer.

  (3) The storage facility is designed, constructed, and operated to safely store food processing residuals in a manner that will not cause an undue risk to the environment, public health, or welfare as may be determined by the Department;

  (4) Public access to the storage facility shall be controlled;

  (5) Any other conditions required by the Department to protect the public health and the environment.

D. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §C(2) and (4) of this regulation continue to be met may include:

  (1) A visual inspection of the storage facility by the Department; and

  (2) Other evidence determined by the Department.