<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".21" citation="COMAR 15.20.13.21" title_num="15" subtitle_num="20" chapter_num="13" heading="Agricultural Land — Permit Application Requirements.">
  <paragraph num="A.">
    <text>A person applying for a Food Processing Residuals Permit shall submit to the Department a separate permit application for each agricultural operation where food processing residuals is to be applied on agricultural land (e.g., the USDA Farm Service Agency farm and tract number for each operation).</text>
  </paragraph>
  <paragraph num="B.">
    <text>The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application 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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department:</text>
    <paragraph num="(1)">
      <text>If the applicant is not the owner of the site where food processing residuals is to be applied, the written consent of the owner (which consent, if the owner agrees, may be valid for a 2-year period);</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A site information form completed and signed by the applicant and the farmer or operator of the site where food processing residuals is to be applied; and</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following information:</text>
    <paragraph num="(1)">
      <text>The sources and types of food processing residuals to be applied, including any treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, dissolved air flotation, composting, or dewatering;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A current site plan that includes:</text>
      <paragraph num="(a)">
        <text>The location of property boundary lines and field boundaries;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The exact acreage where food processing residual is to be applied;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The location of all buffer distances;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The location of any residences or buildings on site or within 1/2 mile of the site;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>An inventory of any domestic, commercial, or municipal wells on site and within 1/2 mile of the property boundary lines, including water level for the wells if available;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The location of any on-site area with a slope of 15 percent or greater;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>The location of any on-site bedrock outcropping;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>The location of any on-site depression area;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>The surrounding land uses;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Other features as determined by the Department; and</text>
      </paragraph>
      <paragraph num="(l)">
        <text>A legend identifying the key features on the site plan;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If required by the Department, the results of a laboratory analysis of a representative soil sample, which was obtained from each field not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department subject to the following:</text>
      <paragraph num="(a)">
        <text>All soil samples shall be collected from within the field that would receive food processing residuals in accordance with the requirements in COMAR 15.20.08;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of food processing residuals;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The analytical results include, at a minimum:</text>
        <paragraph num="(i)">
          <text>pH, cation exchange capacity, and soil texture;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If metal analysis has not been previously performed on the field, total cadmium, total copper, total lead, total nickel, total zinc, and total phosphorus; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Any other constituents in the soil that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A tax map showing the property line, owner, acreage, and liber and folio numbers;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A detailed operation plan that includes, when applicable:</text>
      <paragraph num="(a)">
        <text>Procedures for sampling, record keeping, and reporting of the food processing residuals to be utilized;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Identification of equipment to be used for land-application of food processing residuals;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A list of type of crops or cover species to be grown, which indicate the crop yields as specified in the nutrient management plan;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A nutrient management plan that:</text>
      <paragraph num="(a)">
        <text>Has been prepared by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is in compliance with COMAR 15.20.07 and 15.20.08; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Other information that may be requested by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The Department may reject an analysis of food processing or a soil sample submitted in accordance with §D(4) of this regulation and require retesting and resubmittal if the Department determines that the method of analysis is inaccurate, or for any other good cause.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule:</text>
    <paragraph num="(1)">
      <text>For a new permit application, $175; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For a renewal permit application, $175.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Holding Tanks. A person permitted to utilize food processing residuals for land application in conjunction with an agricultural operation may use a holding tank for this activity and under this chapter is not required to obtain a permit from the Department to use the holding tank.</text>
  </paragraph>
</regulation>