In this chapter, the following terms have the meanings indicated. Terms Defined. “Action level” means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. “Approving Authority” means the Secretary of the Environment or his designee. “Best available technology (BAT)” means the best technology, treatment techniques, or other means which the approving authority finds available, after examination for efficacy under field conditions and not solely under laboratory conditions, taking cost into consideration. “Board” means the State Board of Waterworks and Waste Systems Operators as described in Environment Article, Title 12, Annotated Code of Maryland. “Clean compliance history” is, for the purposes of subpart Y of 40 CFR §141, a record of no MCL violations under §141.63; no monitoring violations under §141.21 or subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y. “Combined distribution system” means the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents, or regularly serves at least 25 year-round residents. “Compliance cycle” means the 9-year calendar year cycle during which public water systems will monitor. Each compliance cycle consists of three 3-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001, the second begins January 1, 2002 and ends December 31, 2010, the third begins January 1, 2011 and ends December 31, 2019. “Compliance period” means a 3-year calendar period within a compliance cycle. Each compliance cycle has three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995, the second from January 1, 1996 to December 31, 1998, the third compliance period from January 1, 1999 to December 31, 2001. Within the second compliance cycle, the first compliance period runs from January 1, 2002 to December 31, 2004, the second from January 1, 2005 to December 31, 2007, the third compliance period from January 1, 2008 to December 31, 2010. “Comprehensive performance evaluation (CPE)” means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation, and maintenance practices. “Consecutive system” means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. “Construction permit” means a permit issued by the Department of the Environment under Environment Article, §9-204, Annotated Code of Maryland, to authorize installation of a water system. “Contaminant” means any physical, chemical, biological, or radioactive substance in drinking water. “Conventional filtration treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal. “Coverage ratio” means the ratio of the sum of the annual net operating profit for 5 years to the sum of the annual debt service requirements for 5 years. Direct Filtration. “Direct filtration” means a series of processes resulting in substantial particulate removal. “Direct filtration” includes coagulation and filtration. “Direct filtration” does not include sedimentation. “Disinfectant” means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone, added to the water in any part of the treatment or distribution process, that is intended to inactivate pathogenic microorganisms. “Disinfection profile” means a graphical representation of a water system's level of Giardia lamblia or virus inactivation measured during the course of a year. “Dose-equivalent” means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU). “Enhanced coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment. “Enhanced softening” means the improved removal of disinfection byproduct precursors by precipitative softening. “Filter profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusive, that includes an assessment of filter performance while another filter is being backwashed. “GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with Regulation .15-2 of this chapter shall be 120 days. “GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days. “Gross alpha particle activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to radon and uranium. “Gross beta particle activity” means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to potassium-40 and other naturally occurring radionuclides. “Ground water under the direct influence of surface water (GWUDI)” means any water beneath the surface of the ground with: Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as Giardia lamblia or Cryptosporidium; or Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. “Haloacetic acids (five) (HAA5)” mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid, rounded to 2 significant figures after addition. “Halogen” means one of the chemical elements chlorine, bromine, or iodine. “Initial compliance period” means the first full 3-year compliance period which begins at least 18 months after promulgation of a regulation under 40 CFR 141, with the exception that for contaminants listed in Regulations .06A(1), (5), (8), (11), and (16) and .07D(19)—(21) and E(16)—(30) of this chapter, the initial compliance period means January 1, 1993—December 31, 1995 for systems with 150 or more service connections, and January 1, 1996—December 31, 1998 for systems having fewer than 150 service connections. “Lead-free” means: Containing not more than a weighted average of 0.25 percent lead when used with respect to the wetted surface of pipes, pipe fitting, plumbing fittings, and fixtures; and Not containing more than 0.2 percent lead when used with respect to solder and flux. “Level 1 assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of a typical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage);source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether aground water system is disinfected);existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. “Level 2 assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation. “Man-made beta particle and photon emitters” means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235, and uranium-238. “Maximum contaminant level (MCL)” means the maximum permissible level of a contaminant in water which is delivered to the users of a public water system. In the case of turbidity, the maximum permissible level is measured at the point of entry to the distribution system. Materials added to the water under circumstances controlled by the consumer are excluded from this definition. Materials resulting from corrosion of piping and plumbing caused by water quality are not excluded from this definition. “Maximum contaminant level goal (MCLG)” means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effects on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are nonenforceable health goals. “Maximum residual disinfectant level (MRDL)” means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable risk of adverse health effects. The disinfectants include chlorine, chloramines, and chlorine dioxide. “Maximum residual disinfectant level goal (MRDLG)” means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of individuals occurs, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of water-borne microbial contaminants. “Maximum total trihalomethane potential (MTP)” means the maximum concentration of total trihalomethanes produced in a given water sample containing a halogen disinfectant residual after 7 days at a temperature of 25°C or above. “Near the first service connection” means within the first 20 percent of connections that receive finished water from the treatment plant, as measured by water transport time within the distribution system. “Net operating profit” means the total of the operating profit and the nonoperating revenue. “New system” means a community water system or a nontransient noncommunity water system that commences operation after October 1, 1999. “Noncommunity water system” means a public water system that does not meet the requirements of §B(5) of this regulation. These systems serve motels, hotels, medical facilities, restaurants, schools, industrial plants, and similar facilities not connected to a community water system. “Nontransient noncommunity water system (NTNCWS)” means a public water system that is not a community water system and that regularly serves at least 25 of the same individuals over 6 months per year. “Operating profit” means the total of the operating revenue minus operating expenses. “Operating ratio” means the ratio of the sum of the annual operating revenues for 5 years to the sum of the annual operating, maintenance, and replacement expenses for 5 years. “Person” means the State, a federal agency, county, municipality, partnership, corporation, cooperative, company, sanitary district, sanitary commission, authority, institution, or individual. “Picocurie (pCi)” means that quantity of radioactive material producing 2.22 nuclear transformations per minute. “Plan for compliance” means a schedule of actions that is submitted by the violator and is approved by the Approving Authority. “Point-of-entry treatment device (POE)” is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the water distributed throughout the house or building. “Point-of-use treatment device (POU)” is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap. Public Water System. “Public water system” means a system that provides water for human consumption to the public through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. “Public water system” includes: Any collection, treatment, storage, and distribution facilities under control of the operator of the system, and used primarily in conjunction with the system; and Any collection or pretreatment storage facilities not under that control which are used primarily in connection with the system. “Public water system” does not include any special irrigation districts as defined in 40 CFR §141.2. “Rem” means the unit of dose-equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem (mrem) is 1/1000 of a rem (0.001 rem). “Repeat compliance period” means any subsequent compliance period after the initial compliance period. “Reportable incident” means any occurrence in the operation, maintenance, repair, or extension of a water supply system or its appurtenances that causes a permanent or temporary change that may adversely affect the quality or quantity of water supplied to the users of the system. “Sampling point” means each entry point to the distribution system which is representative of each well after treatment where ground water sources are used, or, where surface water sources are used, each entry point to the distribution system after any application of treatment or a point in the distribution system which is representative of each source after treatment. “Sanitary defect” is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. “Sanitary survey” means an on-site review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of the system for producing and distributing safe drinking water. “Seasonal system” is a noncommunity water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season. Service Connection. “Service connection” means a connection to a water system. “Service connection” does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if: The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, cooking, or other similar uses; The State determines that alternative water to achieve the equivalent level of public health protection provided by the national primary drinking water regulations is provided for residential or similar uses for drinking and cooking; or The State determines that the water provided for residential or similar drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. “Standard sample” means the aliquot of finished drinking water that is examined for the determination of the maximum contaminant level. “Subpart H systems” means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to the requirements of Subpart H of 40 CFR §141. “Superintendent” means an individual employed or appointed in accordance with Environment Article, Title 12, Annotated Code of Maryland, and certified by the Board to be in responsible charge of the operation of a water supply system. “Supplier of water” means any person who owns or operates a public water system. “SUVA” means specific ultraviolet absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) in milligrams per liter (mg/l). “Too numerous to count” means that the total number of bacterial colonies exceeds 200 on a 47-millimeter diameter membrane filter used for coliform detection. “Total organic carbon (TOC)” means total organic carbon in milligrams per liter (mg/l) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to 2 significant figures. “Total trihalomethanes (TTHM)” means the sum of the concentrations in milligrams per liter of the trihalomethane compounds trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform), rounded to two significant figures. “Transient noncommunity water system (TWS)” means a noncommunity water system that does not regularly serve at least 25 of the same individuals over 6 months per year. “Treatment technique” means a required process intended to reduce the level of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. “Trihalomethane (THM)” means a family of organic compounds, derived from methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure. “Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens, except residual disinfection, and is directly open to the atmosphere. “Variance” means a legal change issued by the Approving Authority in the requirements for a public water system to comply with an MCL to a supplier of water because of the following: The poor quality of raw water and the lack of a suitable alternative supply; The treatment methods generally available have not resulted in compliance with an MCL; and All other reasonable technological, economic, and legal efforts to comply with an MCL have been made. “Virus” means a virus of fecal origin which is infectious to humans by waterborne transmission. “Waterborne disease outbreak” means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Approving Authority. “Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. In this chapter, the following documents are incorporated by reference. Documents Incorporated. Code of Federal Regulations (CFR) — 40 CFR §§141 and 142 (July 1, 2014): Surface Water Treatment Rule (40 CFR §§141.70—141.76, Subpart H) June 8, 2001, January 14, 2002, October 23, 2002, October 29, 2002, and February 13, 2013 revisions. Interim Enhanced Surface Water Treatment Rule (40 CFR §141, Subpart P, §§141.170—141.175), January 14, 2002, revision; Long Term 1 Enhanced Surface Water Treatment Rule (40 CFR §§141.500—141.570, Subpart T), January 14, 2002; Long Term 2 Enhanced Surface Water Treatment Rule (40 CFR §§141.700—141.723, Subpart W), January 5, 2006, January 30, 2006, and February 6, 2006. Bottled Water (21 CFR §165.110); Best Available Technology (40 CFR §§141.61—141.66, Subpart G) February 13, 2013 revisions; Lead and Copper Rule (40 CFR §§141.80—141.91, Subpart I) revised January 12, 2000 and October 10, 2007; Monitoring and Analytical Methods (40 CFR §§141.21—141.29, Subpart C) February 13, 2013 revisions; Coliform Bacteria (40 CFR §141.21) November 21, 2006 and February 13, 2013 revisions; Inorganics (40 CFR §141.23) October 23, 2002, October 29, 2002, and March 25, 2003 revisions; Organics (40 CFR §141.24) October 23, 2002, and October 29, 2002, revisions; and Radionuclides (40 CFR §§141.25—141.26) December 7, 2000, and October 23, 2002, revision. Method Detection Limit (40 CFR §136), October 23, 2002, revision; Public Notification of Drinking Water Violations (40 CFR §141, Subpart Q; 40 CFR §§141.201—141.211, November 8, 2006, February 13, 2013, and February 26, 2014 revisions; Consumer Confidence Report (40 CFR §§141.151—141.155, Subpart O), January 14, 2002, November 27, 2002, March 25, 2003, January 4, 2006, November 8, 2006, February 13, 2013, and February 26, 2014 revisions; Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors: Stage 1 Disinfection Byproduct Rule (40 CFR §141, Subpart L; 40 CFR §§141.130—141.144, Subpart L, §141.65), December 16, 1998, January 16, 2001, January 4, 2006, and February 13, 2013 revisions; and Stage 2 Disinfection Byproduct Rule (40 CFR §141, Subpart U §§141.600—141.605, Subpart V §§141.606—141.629), January 4, 2006, January 27, 2006, and June 29, 2009, revisions; Arsenic Rule (40 CFR §§141.6, 141.51, 141.60, 141.62, 141.65, 142.61, 142.62) March 25, 2003 revision; Definitions (40 CFR §141.2) January 14, 2002, January 4, 2006, January 5, 2006, and February 13, 2013 revisions; Unregulated Contaminant Monitoring Regulation (40 CFR §141.40), March 12, 2002, October 29, 2002, January 4, 2007, and May 2, 2012 revisions; Ground Water Rule (40 CFR §§141.21, 141.28, 141.153, 141.202, 141.203, 141.400—141.405, 142.14—142.16) — November 8, 2006, November 21, 2006, and February 13, 2013 revisions; and Revised Total Coliform Rule (40 CFR §§141.4, 141.52, 141.63, 141.71, 141.74, 141.132, §§141.851—141.861, Subpart Y, and 142.15—142.16, 142.63) — February 13, 2013, and February 26, 2014 revisions. This regulation applies to each public water system in the State except that it does not apply to a public water system which satisfies all of the following: Consists only of distribution and storage facilities, and does not have any collection and treatment facilities; Obtains all of its water from, but is not owned or operated by, a supplier of water to which this regulation applies; Does not sell water to any person; and Is not a carrier which conveys passengers in interstate commerce. The Approving Authority may grant to a supplier of water a variance or variances from certain requirements of this chapter. The requirements for obtaining variances are as follows: The Approving Authority may issue a variance based on the condition that the supplier of water installs the best technology, treatment techniques, or other means, which the Approving Authority finds are available when taking costs into consideration, and based upon an evaluation that indicates that alternative sources of water are not reasonably available; The Approving Authority may issue a variance to a supplier of water after documentation and consideration of findings set in 40 CFR §142.20; The Approving Authority may issue to systems serving fewer than 10,000 persons a variance from a maximum contaminant level, or a treatment technique in accordance with 40 CFR §§142.301—142.313, Subpart K, except for microbial contaminants that are included in subparts H, P, S, T, W, and Y of the 40 CFR §141. Variances from the treatment technique requirements of 40 CFR §141, Subpart H, may not be granted; Variances from the total coliform and E. coli maximum contamination levels may not be granted; beginning April 1, 2016 the total coliform maximum contaminant level is no longer effective; Variances from a maximum contaminant level for any synthetic organic chemical may only be granted if the: Conditions of §A(4) of this regulation are met; and Requirements of Regulation .03-1 of this chapter are met; Except as otherwise provided in this regulation, variances from a maximum contaminant level may be granted if the Approving Authority finds that: Characteristics of the raw water sources (which are reasonably available to the system) are such that the system cannot meet the requirements respecting the maximum contaminant levels of this regulation when application has been made of the best technology, treatment techniques, or other means, which the Approving Authority finds are generally available, taking costs into consideration; and The granting of a variance does not result in an unreasonable risk to the health of persons served by the system; Variances for a treatment technique other than treatment technique requirements of 40 CFR §141, Subpart H, may be granted if the Approving Authority finds that the supplier of water applying for the variance has demonstrated that the treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of the system. A supplier of water may request the granting of a variance under this regulation for a public water system by submitting a request for a variance in writing to the Approving Authority. The written request shall include the following information: The nature and duration of the variance requested. Relevant analytical results of water quality sampling of the system, including tests conducted under the requirements of this regulation. For any request made under §A(1) of this regulation: Explanation in full and evidence that application of the best available treatment technology and techniques has been made. Economic and legal factors relevant to ability or inability to comply. Analytical results of alternate raw water quality relevant to the variance request. A proposed compliance schedule, including the date each step toward compliance will be achieved. The schedule includes as a minimum the following dates: The date by which arrangement for alternate raw water source or improvement of existing raw water source will be completed; The date of initiation of the connection of the alternate raw water source or improvement of existing raw water source; and The date by which final compliance is to be achieved. A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested. A plan for interim control measures during the effective period of variance. For a request made under §A(2) of this regulation, a statement that the supplier of water will perform monitoring and other reasonable requirements prescribed by the Approving Authority as a condition of the variance. Other information, if any, believed to be pertinent by the applicant and other information required by the Approving Authority. The Approving Authority shall act on any variance request submitted under §B of this regulation within 90 days after receipt of the request and all necessary information. In addition, before acting on a request for a variance from: An MCL, the Approving Authority shall consider such factors as the following: The availability and effectiveness of treatment methods for the contaminant for which the variance is requested; and Cost and other economic considerations such as implementing treatment, improving the quality of the source of water, or using an alternate source; A required treatment technique, because this treatment is unnecessary to protect the public health, the Approving Authority shall consider such factors as the following: Quality of the water source, including pertinent sources of pollution; and Source protection measures employed by the supplier of water. If the Approving Authority decides to deny the application for a variance, the applicant shall be notified in writing of the intention to issue a denial. The notice shall include a statement of reasons for the proposed denial, and shall offer the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Approving Authority. The Approving Authority shall make a final determination on the request within 30 days after receiving additional information or argument. If the Approving Authority proposes to grant a variance request submitted under §B of this regulation, the applicant shall be notified of the decision in writing. The notice shall identify the proposed variance, the facility covered, and the period of time for which the proposed variance will be effective. In addition, for a variance from a: Maximum contaminant level, the notice shall provide that the variance will be terminated when the supplier of water complies with the applicable standard, and may be terminated upon a finding by the Approving Authority that the supplier of water has failed to comply with any requirements of a final schedule approved by the Approving Authority; Treatment technique, the notice shall provide that the variance may be terminated at any time upon a finding that the nature of the raw water source is such that the application of the treatment technique for which the variance was granted is necessary to protect the health of individuals, or if the supplier of water has failed to comply with any of the conditions prescribed by the Approving Authority, as a condition to the granting of the variance. Compliance Schedules. For a variance specified in §A(1) of this regulation, the Approving Authority shall propose a schedule for: Compliance, including increments of progress, by the supplier of water with each contaminant level requirement with respect to which the variance was granted; and Implementation of control measures by the supplier of water as the Approving Authority may require for each contaminant, subject to the contaminant level requirement, during the period ending on the date of compliance. The proposed schedule shall specify dates by which steps toward compliance are to be taken, including at the minimum, when applicable, the date: By which arrangement for an alternate raw water source or improvement of existing raw water source will be completed; Of initiation of the connection for the alternate raw water source or improvement of the existing raw water source; and By which final compliance is to be achieved. If the supplier of water has no access to an alternate raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, the proposed schedule may specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the Approving Authority. The proposed schedule for implementation of interim control measures during the period of variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met. The schedule shall be prescribed by the Approving Authority at the time of granting the variance. Before a variance or a schedule proposed by the Approving Authority under §§D—F of this regulation may take effect, the Approving Authority, the supplier of water, or both, shall provide public notice of an opportunity for a public hearing concerning the variance or schedule. Public notice of a hearing on a variance or schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance or schedule, and shall include at least the following: Publishing of a notice in a newspaper or newspapers of general circulation in the area served by the supplier of water, and posting of a notice in the principal post office of each municipality or area served by the supplier of water; and Mailing a notice to the agency of the county in which the system is located and who is responsible for the water supply program, and to other appropriate agencies at the discretion of the Approving Authority. The notice shall: Include a summary of the proposed variance and schedule; and Inform interested persons that they may request a public hearing on the proposed variance or schedule. Requests for a hearing may be submitted by an interested person. The request shall be submitted in writing to the Approving Authority within 30 days after issuance of the public notices provided for in §G of this regulation. The request shall include the following information: The name, address and telephone number of the individual, organization or other entity requesting a hearing; A brief statement of the interest of the person making the request in the proposed variance or schedule; A brief statement of the information that the person making the request intends to submit at the hearing; and The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. The Approving Authority gives notice of any hearing to be held in the manner set forth in §G of this regulation. Notice of the hearing shall also be sent to any person requesting the hearing. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing, and the address and telephone number of an office at which interested persons may obtain further information concerning the hearing. Notice of the hearing shall be given at least 15 working days before the time scheduled for the hearing. A hearing convened under §I, of this regulation, will be conducted before a hearing officer to be designated by the Approving Authority. The hearing officer shall have the authority to subpoena or call witnesses, receive oral and written testimony, limit the introduction of irrelevant or repetitious evidence, and limit or prohibit cross-examination. Following the conclusion of the hearing, the hearing officer shall forward the record of the hearing to the Approving Authority. The variance or schedule shall become effective 30 days after notice for a hearing is given under §G of this regulation if no timely request for a hearing is submitted and the Approving Authority does not determine to hold a public hearing. Within 30 days after the termination of the public hearing held under §§G—K, of this regulation, the Approving Authority shall confirm, revise or rescind the proposed variance or schedule. In addition to the procedures prescribed in Regulations .03 and .04 of this chapter, variances and exemptions from the maximum contaminant levels for synthetic organic chemicals may be granted by the Approving Authority if the requirements set forth below in §A(1)—(4), and in §§B and C of this regulation are met: Except as provided in §A(2) of this regulation, a supplier of water is eligible for a variance only if the supplier: Installs packed tower aeration or granular activated carbon (except for vinyl chloride); and Demonstrates that despite using and effectively operating the above treatment method, the system still cannot meet the MCL. If a supplier of water can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in §A(1) of this regulation would only achieve a negligible reduction in contaminants, the Approving Authority may issue a schedule of compliance that requires the supplier of water being granted the variance to examine other treatment methods as a condition of obtaining the variance. If the Approving Authority determines that a treatment method identified in §A(2) of this regulation is technically feasible, the Approving Authority may require the supplier of water to install or use, or both, that treatment method in connection with a compliance schedule issued under the provisions of Regulation .03 of this chapter. The Approving Authority's determination shall be based upon studies by the supplier of water and other relevant information. The Approving Authority may require a supplier of water to use bottled water or a point-of-use device, or other means as a condition of granting a variance or an exemption from the requirements of Regulation .07D of this chapter, to avoid an unreasonable risk to health. Suppliers of water using bottled water as a condition for receiving a variance or an exemption from the requirements of Regulation .07D of this chapter shall: Provide sufficient quantities of bottled water to each person supplied by the public water system; Deliver bottled water door-to-door; and Meet the requirements of either §B(3)(a)—(c) or (d)—(e), of this regulation: Develop, obtain approval from the Approving Authority for, and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs; Monitor a representative sample of the bottled water for all contaminants regulated under Regulation .07D of this chapter the first quarter that it supplies the bottled water to the public, and annually after that; Provide on an annual basis the results of the monitoring to the Approving Authority; Obtain from the bottled water company certification that the: Bottled water supplied has been taken from an approved source as defined in 21 CFR § 129.3(a); Bottled water company has conducted monitoring in accordance with 21 CFR § 129.80(g)(1)—(3); and Bottled water does not exceed any MCLs or quality limits set in 21 CFR § 103.35, 110, and 129; Provide the required certification in §B(3)(d) to the Approving Authority the first quarter after it supplies bottled water, and annually after that. Suppliers of water using point-of-use devices as a condition for obtaining a variance or an exemption from MCLs for volatile organic compounds shall meet the following requirements: Apply the technology under a plan approved by the Approving Authority, which includes all of the following: Includes results from field testing the device to be employed. Provides certification that the device in §C(1)(a), of this regulation, will achieve the desired performance. Describes a monitoring schedule that addresses the parameters to be measured, frequency, and location. The monitoring plan shall be adequate to ensure that the microbiological safety of the water is not compromised and that it provides health protection equivalent to a monitoring plan for central water treatment. Addresses the tendency for an increase in heterotrophic bacteria concentration in water treated with activated carbon, if it will be used in the treatment devices. Install, operate, and maintain a point-of-use device for each building connected to the system. Provide monthly operating reports to the Approving Authority in a format specified by the Approving Authority. Maintain the microbiological safety of the water. Provide the Approving Authority with all the information it will need to determine that the: Conditions of this section will be met; and Supplier of water has taken the necessary measures so that the rights and responsibilities of the public water system customer convey with title upon sale of property. The Approving Authority may grant exemptions to public water systems, after documentation and consideration of findings, as specified in 40 CFR §§142.20 and 142.50. The Approving Authority may not issue an exemption to a public water system granted a variance under §1415(e) of the Safe Drinking Water Act. Exemptions may not be granted for the maximum contaminant level for total coliforms, and E. coli. The Approving Authority may exempt any supplier of water from any other requirement respecting a maximum contaminant level or treatment technique requirement, or both, of this regulation, upon a finding that: Due to compelling factors, which may include economic factors, the supplier of water is unable to: Comply with the contaminant level requirement or treatment technique requirement; or Implement measures to develop an alternative source of water supply; The public water system was in operation on the effective date of the contaminant level requirement or treatment technique requirement or, for a water system that was not in operation by the effective date, a reasonable alternative source of drinking water is not available; The granting of the exemption will not result in an unreasonable risk to health; and Management or restructuring changes cannot reasonably be made that will result in compliance with the regulation, or improve the quality of the drinking water if compliance cannot be achieved. A supplier of water may request the granting of an exemption under this regulation for a public water system by submitting a request for exemption in writing to the Approving Authority. The written request shall include the following information: The nature and duration of the exemption requested; Relevant analytical results of water quality sampling of the system including results of relevant tests conducted pursuant to the requirements of this regulation; Explanation in full of compelling factors such as time or economic factors which prevent the supplier of water from achieving compliance; Other information, if any, believed by the applicant to be pertinent to the application; A proposed compliance schedule, including the date when each step toward compliance will be achieved; and Other information as the Approving Authority may require. The Approving Authority shall act on any exemption request submitted under §B of this regulation, within 90 days after the receipt of the request and all necessary information. In consideration of whether the supplier of water is unable to comply, the Approving Authority shall consider the following factors: Construction, installation, modification, and operation of treatment equipment systems; The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance; and Economic feasibility of compliance. Disposition of an Exemption Request. If the Approving Authority decides to deny the application for an exemption, the applicant shall be so notified. The notice includes a statement of the reasons for the proposed denial, and offers the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Approving Authority. The Approving Authority shall make a final determination on the request within 30 days after receiving any additional information or argument. If additional information or argument is not submitted by the applicant, the application shall be denied. Upon granting an exemption request submitted under §B of this regulation, the Approving Authority notifies the applicant of the action in writing. The notice identifies the facility covered, and specifies the termination date of the exemption. The notice provides that the exemption will be terminated when the supplier of water comes into compliance with the applicable standard, and may be terminated upon a finding by the Approving Authority that the supplier of water has failed to comply with any requirements of a final schedule issued under §F of this regulation. The Approving Authority shall propose a schedule for: Compliance, including increments of progress or measures to develop an alternative source of water supply, by the supplier of water with each contaminant level requirement and treatment technique requirement covered by the exemption; and Implementation by the supplier of water of control measures the Approving Authority may require for each contaminant covered by the exemption. The schedule shall be prescribed by the Approving Authority at the time the exemption is granted, subsequent to the provision of the opportunity for a hearing under §E, of this regulation. Before a schedule prescribed by the Approving Authority under §D may take effect, the Approving Authority shall provide public notice of an opportunity for hearing on an exemption schedule in a manner designed to inform interested and potentially interested persons of the proposed schedule, as set forth in Regulation .03G and H of this chapter. All hearings that are held regarding exemptions shall be in accordance with Regulations .03I and J of this chapter. If a timely request for a public hearing is not made and the Approving Authority determines not to hold a public hearing, then the schedule becomes effective 30 days after notice for a hearing is given. Time of Compliance. Within 30 days after the termination of the public hearing under §§D and E, of this regulation, the Approving Authority shall revise the proposed schedule as necessary and prescribe a final schedule for compliance and interim measures for the supplier of water which was granted an exemption under §C of this regulation. The schedule shall require compliance by the supplier of water with each contaminant level and treatment technique requirement as expeditiously as practicable but not to exceed 3 years after the compliance date in §1412(b)(10) of the Safe Drinking Water Act. If a supplier of water does not serve more than 3,300 persons and needs financial assistance for the necessary improvements, an exemption granted under §A of this regulation may be renewed for one or more additional 2-year periods, but not to exceed a total of 6 additional years, if the supplier of water establishes that it is taking all practicable steps to meet the requirements of the standard, and the established compliance schedule. Bottled Water and Point-of-Use Devices. A supplier of water using: Bottled water as a condition of obtaining an exemption from the requirements of Regulation .07D of this chapter shall meet the requirements set out in Regulation .03-1B of this chapter; Point-of-use devices as a condition of obtaining an exemption from the requirements of Regulation .07D of this chapter shall meet the requirements set out in Regulation .03-1C of this chapter. A construction permit shall be obtained from the Approving Authority before construction of a new public water system or before increasing the capacity of or substantially modifying an existing public water system. For new or expanded public water systems, plans shall be submitted to the Approving Authority according to COMAR 26.03.01. To the extent practicable, location of part or all of the new or expanded facility shall be avoided at a site which: Is subject to earthquakes, floods, fires or man-made disasters which could cause breakdown of the public water system or a portion of it; and Is within the flood plain of a 100-year flood. Applicants under this regulation shall comply with COMAR 26.08.01—.04. A supplier of water using any device employed in the treatment of drinking water shall have the approval of the Approving Authority before installation of the treatment device. Before a community water system makes any significant modifications to its existing treatment process for the purposes of achieving compliance with disinfection byproduct MCLs set forth in Regulation .07F(1) of this chapter, the system shall submit and obtain the approval of the Approving Authority of a detailed plan setting forth its proposed modification and those safeguards that it will implement to ensure that the bacteriological quality of the drinking water served by the system will not be adversely affected by the modification. Any supplier of water deemed to have optimized corrosion control in accordance with 40 CFR §141.81(a) shall provide notice to and obtain approval from the Approving Authority before the addition of a new source or the implementation of a long-term change in treatment as set forth in Regulation .19G(1)(f)(ii) of this chapter. A supplier of water may use point-of-entry devices to comply with maximum contaminant levels only if the supplier meets the following requirements. The supplier shall: Apply the technology under a plan approved by the Approving Authority. The plan shall: Include results from field testing the device to be employed. Provide certification that a device will achieve the desired performance. Describe a monitoring schedule that addresses the parameters to be measured, frequency, and location. The monitoring plan shall be adequate to ensure that the microbiological safety of the water is not compromised and that it provides health protection equivalent to a monitoring plan for central water treatment. Address the tendency for an increase in heterotrophic bacteria concentration in water treated with activated carbon, if it will be used in the treatment devices. Install, operate, and maintain a point-of-entry device for each building connected to the system. Provide monthly operating reports to the Approving Authority in a format specified by the Approving Authority. Maintain the microbiological safety of the water. Provide the Approving Authority with all the information it needs to determine that the conditions of this section will be met, and to determine that the supplier of water has taken the necessary measures so that the rights and responsibilities of the public water system customer convey with title upon sale of property. Suppliers of water may not use bottled water or point-of-use devices to achieve compliance with an MCL. Bottled water or point-of-use devices may be used on a temporary basis to avoid an unreasonable risk to health. A supplier of water using a surface water source or a ground water source under the direct influence of surface water shall provide treatment that complies with the treatment technique requirements of 40 CFR Part 141, Subparts H, P, and T. The treatment requirements mandate installing and properly operating water treatment processes that reliably achieve: At least 99.9 percent removal or inactivation, or both, of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; At least 99.99 percent removal or inactivation, or both, of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; and At least 99 percent removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer for filtered systems, or control of Cryptosporidium in accordance with and in compliance with an approved watershed control plan for unfiltered systems. A supplier of water using a surface water source or a ground water source under the direct influence of surface water that serves at least 10,000 individuals shall meet the: Requirements for avoiding filtration set forth in 40 CFR §§141.71 and 141.171 and the disinfection requirements set forth in 40 CFR §§141.72 and §141.172; or Filtration requirements set forth in 40 CFR §§141.73 and §141.173 and the disinfection requirements set forth in 40 CFR §§141.72(b) and §141.172. A supplier of water using a surface water source or a ground water source under the direct influence of surface water that serves fewer than 10,000 individuals shall meet the: Requirements for avoiding filtration set forth in 40 CFR §141.71 and the disinfection requirements set forth in 40 CFR §141.72; or Filtration requirements set forth in 40 CFR §141.73 and the disinfection requirements set forth in 40 CFR §141.72. Beginning January 1, 2005, a supplier of water using a surface water source or a ground water source under the direct influence of surface water that serves fewer than 10,000 individuals shall also meet the: Additional requirements for avoiding filtration set forth in 40 CFR §§141.520—141.522 and the additional disinfection requirements set forth in 40 CFR §§141.530 — 141.544; or Additional filtration requirements set forth in 40 CFR §§141.550—141.553 and 141.560—141.564 and the additional disinfection requirements set forth in 40 CFR §§141.72 and 141.530—141.544. A supplier of water at a system that uses a surface water source or a ground water source under the direct influence of surface water shall comply with the applicable reporting and record keeping requirements in 40 CFR §§141.75, 141.175, and 141.570—141.571. The Approving Authority may require a supplier of water using a surface water source or a ground water source under the direct influence of surface water to filter, if the Approving Authority has determined that the supplier of water would be unable to meet the applicable criteria for avoiding filtration found in 40 CFR §§141.71, 141.171, and 141.521—141.522. The supplier of water shall be notified in writing with reasons given for the Approving Authority's decision. If at any time a supplier of water using a surface water source or a ground water source under the direct influence of surface water does not meet the applicable criteria to avoid filtration established in 40 CFR §§141.71, 141.171, and 141.521—141.522, then the supplier is required to monitor, report, filter, and disinfect in accordance with the applicable standards and requirements of the Surface Water Treatment Rule set forth in 40 CFR §§141.72—141.75, Subpart H, §§141.172—141.175, Subpart P, and §§141.530—141.571, Subpart T. A supplier of water using a surface water source or a ground water source under the direct influence of surface water who demonstrates to the satisfaction of the Approving Authority that the supplier meets the applicable criteria to avoid filtration of 40 CFR §§141.71, 141.171, and 141.521— 141.522 is also required to disinfect, monitor, and report in accordance with the applicable standards and requirements of 40 CFR §§141.72, 141.74, and 141.75, Subpart H, §§141.172 and 141.175, Subpart P, and §§141.530—141.543 and 141.570—141.571, Subpart T. The Approving Authority shall determine if public water systems using ground water are under the direct influence of surface water. The Approving Authority may require suppliers of water to conduct studies, perform sampling, and submit data to enable the Approving Authority to make these determinations. The Approving Authority may also rely on independent studies, hydrogeologic data, or its own studies to make these determinations. The Approving Authority shall determine a source to be under the influence of surface water if that source is at risk to contamination from Giardia lamblia cysts. In general, the Approving Authority shall consider the following evidence in making its determinations: The concentration of total or fecal coliform in the untreated source water under dry weather and wet weather conditions; The presence of organisms in the source water that are commonly found in surface water such as protozoa, algae, insects, Giardia lamblia, or other large diameter pathogens; If there are rapid shifts in source water turbidity levels coincident with rainfall events; If the results of dye tracer studies demonstrate a close hydrologic connection with surface water; Results of measurement of hydraulic gradients from nearby surface water bodies to the production well or spring; The depth and integrity of construction of a well or construction and integrity of a spring box or receiver; Results of evaluations at other sources under similar conditions; Evidence of disease outbreaks in the population served by the system; Past violations of coliform bacteria maximum contaminant levels; Results of on-site inspections; and Whether the well is completed in a confined aquifer as defined in COMAR 26.04.04 and whether the well was constructed in accordance with COMAR 26.04.04. If the Approving Authority has determined that a ground water source is under the direct influence of surface water, the Approving Authority shall notify the supplier of water in writing. The Approving Authority may also notify the supplier of water that the supplier is required to filter, if the Approving Authority has determined that the system would be unable to meet the applicable criteria for avoiding filtration set forth in 40 CFR §§141.71, 141.171, and 141.520—141.522. The Approving Authority shall give the supplier of water the reasons for the Approving Authority's decision. A supplier of water using a ground water source under the direct influence of surface water shall, within: 6 months after being notified that the supplier's source is under the direct influence of surface water, monitor and report as required by 40 CFR Part 141, Subparts H, P, and T; and 18 months after being notified that the supplier's source is under the direct influence of surface water: Meet the applicable criteria to avoid filtration and disinfection requirements of 40 CFR Part 141, Subparts H, P, and T; or Filter and disinfect in accordance with the applicable standards and requirements of 40 CFR Part 141, Subparts H, P, and T. A supplier of water at a system using a surface water source or a ground water source under the direct influence of surface water that did not conduct optional monitoring under 40 CFR §141.172 because they served fewer than 10,000 individuals when the monitoring was required, but serve more than 10,000 individuals before January 1, 2005, shall: Comply with 40 CFR §§141.170—141.175; Consult with the Approving Authority to establish a disinfection benchmark; and Consult with the Approving Authority before making a significant change to its disinfection practice, as defined in 40 CFR §141.172(c)(1)(i)—(iv). Testing; Treatment; Record Keeping. All public water systems using a surface water source or a ground water source under the direct influence of surface water (Subpart H systems) shall comply with 40 CFR §§141.700—141.722, the regulations concerning enhanced treatment for Cryptosporidium. A supplier of water shall conduct an initial and a second round of source water monitoring for each water treatment facility that treats a surface water or GWUDI source, as set forth in 40 CFR §§141.700—141.706 beginning not later than the month that starts with the date listed in the following table: A supplier of water shall monitor on a schedule and in a manner set forth in 40 CFR §§141.701—141.702 and shall: Submit a sampling schedule for each required round of source water monitoring to the Approving Authority not later than 3 months prior to the applicable date listed in Regulation .05-2L(1) of this chapter for each round of monitoring; If the Approving Authority does not respond to a water supplier regarding its sampling schedule, sample according to the schedule submitted to the Approving Authority; and Collect samples within 2 days before or 2 days after the dates indicated in their sampling schedule unless the exceptions identified in 40 CFR §141.702(b)(2)(i) and (ii) apply. A supplier of water shall collect samples for each plant that treats a surface water or GWUDI source in accordance with 40 CFR §141.703 and shall collect source water samples prior to treatment with chemicals (such as coagulants, oxidants, and disinfectants), unless the system meets the condition of §L(5) of this regulation. The Approving Authority may approve sampling after chemical treatment if the Approving Authority determines that sampling before treatment is not feasible, and if the Approving Authority determines that chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample. For the analysis of Cryptosporidium, E. coli, and turbidity, a supplier of water shall: Use the analytical methods identified in 40 CFR §141.704; Have the samples analyzed by a laboratory satisfying the criteria set forth in 40 CFR §141.705; and Conduct the analysis in accordance with 40 CFR §§141.704—141.705. A supplier of water shall submit its sampling schedules in accordance with 40 CFR §141.702, and shall: Report source water monitoring results as specified in 40 CFR §§141.706 and 141.721(a) and (d); Report to the Approving Authority the results from source water monitoring not later than 10 days after the end of the month following the month when the sample is collected; and If serving at least 10,000 people, report the results from the initial source water monitoring required under 40 CFR §141.707(a) to EPA and the Approving Authority in accordance with 40 CFR §706(b)—(e). If a supplier of water wishes to use previously collected data to comply with initial source water monitoring, then it shall comply with the grandfathering requirements set forth in 40 CFR §141.707. A supplier of water shall comply with requirements set forth in 40 CFR §141.708 when making a significant change in disinfection practice. A supplier of water required to develop disinfection profiles under 40 CFR §141.708 shall comply with 40 CFR §141.709. A supplier of water shall maintain records of results from the initial round of source water monitoring required under 40 CFR §141.701(a) and the second round of source water monitoring required under 40 CFR §141.701(b) as specified in 40 CFR §141.722(a) and (b). aApplies only to filtered systems. Cryptosporidium Treatment Bin Classification for Filtered Systems. Following completion of initial source water monitoring required under §L(2) of this regulation, filtered systems shall calculate their initial Cryptosporidium treatment bin concentration for each plant by using the following table and as specified in 40 CFR §141.710: Filtered systems shall report their Cryptosporidium bin classification as specified in 40 CFR §141.710 and shall report their: Initial bin classification to the Approving Authority not later than 6 months after the system is required to complete initial source water monitoring; and Second bin classification to the Approving Authority not later than 6 months after the system is required to complete the second round of source water monitoring. Bin Classification Table for Filtered Systems Additional Requirements for Cryptosporidium Treatment. If a filtered system is required to provide additional treatment under 40 CFR §141.710(a), then it shall provide the level of additional treatment for Cryptosporidium in accordance with 40 CFR §141.711. Unfiltered systems shall calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under §L of this regulation in accordance with 40 CFR §141.712(a), and shall provide the level of additional treatment for Cryptosporidium required in 40 CFR §141.712(b). Suppliers of water required to provide additional treatment for Cryptosporidium under 40 CFR §§141.710—141.712 shall provide the treatment required according to the following schedule: If the bin classification for a filtered system changes following the second round of source water monitoring, filtered systems must recalculate their Cryptosporidium bin concentration and bin classification in accordance with 40 CFR §141.710(d), and the system must provide the level of treatment for Cryptosporidium required under 40 CFR §141.711 on a schedule the State approves. Cryptosporidium Treatment Compliance Dates Table Toolbox Options for Meeting Cryptosporidium Treatment Requirements. Suppliers of water may obtain treatment credits by complying with the requirements of 40 CFR §§141.715—141.720 for toolbox options including: Microbial toolbox options, treatment credits, and criteria for meeting Cryptosporidium treatment requirements as set forth in 40 CFR §141.715; Source toolbox components set forth in 40 CFR §141.716; Prefiltration treatment toolbox components set forth in 40 CFR §141.717; Treatment performance toolbox components set forth in 40 CFR §141.718; Additional filtration toolbox components set forth in 40 CFR §141.719; and Inactivation toolbox components set forth in 40 CFR §141.720. Suppliers of water shall report to the Approving Authority as specified in 40 CFR §141.721 for any microbial toolbox options used to comply with treatment requirements under 40 CFR §141.711 or 141.712. Alternatively, for treatment credits, the Approving Authority may approve certifications that demonstrate that a water system is operating within required treatment parameters, rather than to require it to report monthly operational data for tool box options. Suppliers of water shall keep the results of treatment monitoring associated with microbial toolbox options, as required by 40 CFR §§141.716—141.720, for 3 years. Suppliers of water using surface water or ground water under the direct influence of surface water using conventional filtration treatment serving 10,000 or more individuals shall comply with the requirements of 40 CFR Part 141, Subpart L, beginning January 1, 2002. Suppliers of water using surface water or ground water under the direct influence of surface water using conventional filtration treatment serving fewer than 10,000 individuals shall comply with the requirements of 40 CFR Part 141, Subpart L, beginning January 1, 2004. The treatment requirement to control disinfection by product precursors mandates installing and properly operating water treatment processes which reliably achieve at least: Enhanced coagulation and enhanced softening requirements of §D of this regulation; Alternate compliance criteria for enhanced coagulation and enhanced softening set forth in 40 CFR §141.135(a)(2) and the monitoring requirements for disinfection byproduct precursors (DBPP) set forth in 40 CFR §141.132(d); or Additional alternative compliance criteria for softening systems set forth in 40 CFR §141.135(a)(3) and monitoring requirements set forth in 40 CFR §141.132. A supplier of water using surface water or ground water under the direct influence of surface water using conventional filtration treatment is considered to be in compliance with §C(1) of this regulation if the supplier of water meets the following provisions: Step 1 Total Organic Carbon (TOC) percent reduction set forth in 40 CFR §141.135(b)(2); or Step 2 TOC percent reduction set forth in 40 CFR §141.135(b)(3)—(4). A supplier of water shall monitor and report to the Approving Authority set forth in 40 CFR §141.135 to ensure compliance with the requirements for disinfection byproduct precursors. Applicability. All Subpart H systems that employ conventional filtration or direct filtration treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall meet the requirements in §§B—D of this regulation. Reporting. Suppliers of water shall notify the Approving Authority in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. Notification under this section shall include, at a minimum: A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are reintroduced back into the treatment plant; Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and State-approved operating capacity for the plant where the Approving Authority has made such determinations. Treatment Technique Requirement. By June 8, 2004, any system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these flows through the processes of a system's existing conventional or direct filtration system or at an alternate location approved by the Approving Authority. If capital improvements are required to modify the recycle location to meet this requirement, all capital improvements shall be completed not later than June 8, 2006. Record Keeping. Beginning June 8, 2004, a supplier of water shall collect and retain on file recycle flow information specified in §D(2) of this regulation for review and evaluation by the Approving Authority. The following recycle flow information shall be retained: A copy of the recycle notification and information submitted to the Approving Authority under §B of this regulation; A list of all recycle flows and the frequency with which they are returned; The average and maximum backwash flow rate through the filters; The average and maximum duration of the filter backwash process in minutes; The typical filter run length; A written summary of how filter run length is determined; The type of treatment provided for the recycle flow; and If applicable, data on the physical dimensions of the equalization units, treatment units, or both, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed. Applicability. All public water suppliers that use ground water are subject to the requirements of 40 CFR §141 Subpart S except public water suppliers that combine all of their ground water with surface water or with ground water under the direct influence of surface water prior to treatment under 40 CFR §141 Subpart H. For the purposes of this regulation, "ground water system” is defined as any public water system subject to 40 CFR §141 Subpart S, including consecutive systems receiving finished ground water. General Requirements. Ground water suppliers subject to 40 CFR §141 Subpart S shall comply with the following requirements: Sanitary survey information requirements for all ground water systems in accordance with Regulation .11-3D of this chapter. Microbial source water monitoring requirements for ground water suppliers that do not treat all of their ground water to at least 99.99 percent (4-log) treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer in accordance with Regulation .11-2 of this chapter. Treatment technique requirements, described in 40 CFR §141.403, that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under 40 CFR §141.402, or that have significant deficiencies that are identified by the Approving Authority, or that are identified by EPA under the Safe Drinking Water Act section 1445. A ground water supplier with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of 40 CFR §141 Subpart S shall implement one or more of the following corrective action options: Correct all significant deficiencies; Provide an alternate source of water; Eliminate the source of contamination; or Provide treatment that reliably achieves at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer. Ground water suppliers that provide at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in Regulation .11D of this chapter. If requested by the Approving Authority, ground water suppliers shall provide the Approving Authority with any existing information that will enable the Approving Authority to perform a hydrogeologic sensitivity assessment. For the purpose of this regulation, “hydrogeologic sensitivity assessment” means a determination of whether groundwater suppliers obtain water from hydrogeologically sensitive settings. Ground Water Suppliers with Significant Deficiencies Or Source Water Fecal Contamination. When a significant deficiency, such as an aspect of the system that may have potential to cause risks to public health, is identified by the Approving Authority, or when a ground water source sample collected under Regulation .11-2D of this chapter is fecal indicator-positive or as otherwise specified in this regulation, the ground water suppliers shall meet the treatment technique requirements of 40 CFR §141.403. If directed by the Approving Authority, a ground water supplier with a ground water source sample collected under Regulation .11-2D(2), D(4) or E of this chapter that is fecal indicator-positive shall comply with the treatment technique requirements of §C of this regulation. When a significant deficiency is identified by the Approving Authority at a Subpart H public water supplier that uses both ground water and surface water, the supplier shall comply with provisions of §C of this regulation except in cases where the Approving Authority determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water. Unless the Approving Authority directs the ground water supplier to implement a specific corrective action, the ground water supplier shall consult with the Approving Authority regarding the appropriate corrective action within 30 days of receiving written notice from the Approving Authority of a significant deficiency, written notice from a laboratory that a ground water source sample collected under Regulation .11-2D(3) of this chapter was found to be fecal indicator-positive, or direction from the Approving Authority that a fecal indicator-positive collected under Regulation .11-2D(2) or (4) or E of this chapter requires corrective action. For the purposes of 40 CFR §141 Subpart S, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Approving Authority determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers. Within 120 days (or earlier if directed by the Approving Authority) of receiving written notification from the Approving Authority of a significant deficiency, written notice from a laboratory that a ground water source sample collected under Regulation .11-2D(3) of this chapter was found to be fecal indicator-positive, or direction from the Approving Authority that a fecal indicator-positive sample collected under Regulation .11-2D(2) or (4) or E of this chapter requires corrective action, the ground water supplier shall either: Have completed corrective action in accordance with applicable Approving Authority plan review processes or other Approving Authority guidance or direction, if any, including Approving Authority-specified interim measures; or Be in compliance with an approved corrective action plan and schedule subject to the following conditions: Any subsequent modifications to an approved corrective action plan and schedule must also be approved by the Approving Authority; and If the Approving Authority specifies interim measures for protection of the public health pending approval of the corrective action plan and schedule, or pending completion of the corrective action plan, the supplier shall comply with these interim measures as well as with any schedule specified by the Approving Authority. Corrective Action Alternatives. Ground water suppliers that meet the conditions of §C(1) or (2) of this regulation shall implement one or more of the following corrective action alternatives: Correct all significant deficiencies; Provide an alternate source of water; Eliminate the source of contamination; or Provide treatment that reliably achieves at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for the ground water source. Special Notice to the Public of Significant Deficiencies or Source Water Fecal Contamination. For ground water suppliers required to comply with 40 CFR §141 Subpart S, any supplier that receives notice from the Approving Authority of a significant deficiency, or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Approving Authority under Regulation .11-2G of this chapter, shall comply with special public notice requirements of 40 CFR §141.153(h)(6) and Regulation .20B(3) of this chapter. In addition to the applicable public notice requirements of 40 CFR §141.202, community ground water suppliers shall comply with special public notification requirements set forth in Regulation .20B(3) of this chapter. Treatment technique violations for ground water suppliers. A ground water supplier with a significant deficiency is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Approving Authority) of receiving written notice from the Approving Authority of the significant deficiency, the supplier: Does not complete corrective action in accordance with any applicable plan review processes or other Approving Authority guidance and direction, including Approving Authority specified interim actions and measures; or Is not in compliance with an approved corrective action plan and schedule. Unless the Approving Authority invalidates a fecal indicator-positive ground water source sample under Regulation .11-2G of this chapter, a ground water system is in violation of the treatment technique requirement if, within 120 days, or earlier if directed by the Approving Authority, of meeting the conditions of §C(1) or (2) of this regulation, the supplier: Does not complete corrective action in accordance with any applicable plan review processes or other Approving Authority guidance and direction, including Approving Authority-specified interim measures, or Is not in compliance with an Approving Authority approved corrective action plan and schedule. A ground water supplier subject to the requirements of Regulation .11D(3) of this chapter that fails to maintain at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four hours of determining the supplier is not maintaining at least 4-log treatment of viruses before or at the first customer. Ground water suppliers shall give public notification under Regulation .20C(1)(f) of this chapter for the treatment technique violations specified in §D(1)-(3) of this regulation. With the exception of nitrate, nitrite, and total nitrate plus nitrite, all inorganic chemical contaminant levels are based on potential adverse health effects resulting from long term exposure to the contaminant in drinking water. All suppliers of water to community water systems shall comply with the MCL for fluoride. All suppliers of water to community water systems and nontransient noncommunity water systems shall comply with the MCLs for arsenic, asbestos, barium, cadmium, chromium, mercury, selenium, antimony, beryllium, cyanide, and thallium. All suppliers of water to community water systems, nontransient noncommunity water systems, and transient noncommunity water systems shall comply with the MCLs for nitrate, nitrite, and total nitrate plus nitrite. Compliance with MCLs for inorganic chemicals is determined under Regulation .14 of this chapter. The following are maximum contaminant levels for inorganic chemicals: 1Unless otherwise specified. Notwithstanding §A(2) of this regulation, the MCL value of 0.05 milligrams per liter (mg/l) for arsenic applies to community water systems until January 22, 2006. Beginning January 23, 2006, this section is no longer applicable. At the discretion of the Approving Authority, levels of nitrate and total nitrate plus nitrite not to exceed 20 milligrams/liter may be allowed in a noncommunity water system if the supplier of water demonstrates to the satisfaction of the Approving Authority that: The water is not available to children under 6 months old; The supplier will post a warning which indicates that levels of nitrate or total nitrate plus nitrite exceed 10 milligrams/liter and the potential health effects of exposure; Adverse health effects do not result; and The supplier notified county health officers and the Approving Authority annually of all nitrate or total nitrate plus nitrite levels that exceed 10 milligrams/liter. The Approving Authority has identified the treatment technologies appearing at 40 CFR §§141.62(c) and (d) and 142.61(a) as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant level for inorganic constituents listed in Regulation .06 of this chapter. Suppliers of water to a public water system shall comply with the requirements of 40 CFR §§141.80—141.91. These requirements, based on treatment technique requirements, require regular testing by suppliers of water for lead and copper, establish procedures to reduce lead and copper at consumers' taps, and specify public education actions. Additional Monitoring Requirements for Lead and Copper in Tap Water. Reduced Monitoring. A small water system (serving 3,300 or fewer individuals) or a medium water system (serving 3,301 to 50,000 individuals) that demonstrates for two consecutive 6-month monitoring periods that the tap water lead 90th percentile value computed under 40 CFR §141.80(c)(3) is less than or equal to 0.005 milligram per liter, and that the tap water copper 90th percentile value computed under 40 CFR §141.80(c)(3) is less than or equal to 0.65 milligram per liter, may reduce the number of tap water samples in accordance with 40 CFR §141.86(c), and reduce the frequency of sampling to once every 3 calendar years. A large water system (serving more than 50,000 individuals) that demonstrates for two consecutive 6-month monitoring periods that the tap water lead 90th percentile value computed under 40 CFR §141.80(c)(3) is less than or equal to 0.005 milligram per liter, and the tap water copper 90th percentile value computed under 40 CFR §141.80(c)(3) is less than or equal to 0.65 milligram per liter, may request in writing to the Approving Authority to reduce the number of tap water samples in accordance with 40 CFR §141.86(c), and reduce the frequency of sampling to once every 3 calendar years. Monitoring Waivers for Small Water Systems. Monitoring waivers as described under 40 CFR §141.86(g) apply only to small (serving 3,300 or fewer individuals) nontransient, noncommunity water systems that do not have residential connections. Continued eligibility. Under 40 CFR §141.86(g)(5), waivers may not be renewed automatically. A system shall: Certify on an annual basis that it meets the materials criteria set forth in 40 CFR §141.86(g)(1); and Comply with the requirements of 40 CFR §141.86(g)(2). The Approving Authority shall review annual waiver certifications and may renew or revoke waivers. Requirements Following Waiver Revocation. Under 40 CFR §141.86(g)(6), a system whose full or partial waiver has been revoked by the Approving Authority: Shall commence lead and copper tap water monitoring at the initial frequency of two consecutive 6-month monitoring periods and initial number of samples not later than 90 days after receiving notification from the Approving Authority; If the system exceeds lead or copper action levels, or both, shall implement corrosion control treatment in accordance with the deadlines and requirements in 40 CFR §141.81(e); If the system meets both the lead and copper action levels, it shall monitor for lead and copper at the tap not less frequently than once every 3 years using the reduced number of sample sites set forth in 40 CFR §141.86(c); and If the supplier of water has fewer than five drinking water taps that can be used for human consumption, it must collect at least one sample from each tap that is available, and collect additional samples from those same taps on different days during the monitoring period in order to have the minimum number of lead and copper samples specified in §B(2)(e). A minimum of five lead and copper samples is required for small water systems when performing routine or follow up monitoring. Reporting Requirements. Suppliers of water shall comply with reporting requirements specified in 40 CFR §§141.80—141.90 and 141.154 including the following: Calculate the 90th percentile lead and copper concentrations as specified under 40 CFR §141.80(c)(3) during each monitoring period and report the values to the Approving Authority as described under 40 CFR §141.90(a) in the format determined by the Approving Authority; Notify and obtain approval from the Approving Authority as required by 40 CFR §141.90(a)(3) before adding a new source and before implementing long term changes in water treatment; and Certify compliance with public notice and education requirements under 40 CFR §141.85. Water suppliers shall provide public education and supplemental sampling as set forth in Regulation .20-1 of this chapter. Suppliers of water to community water systems and nontransient noncommunity water systems shall comply with the MCLs for organic chemicals in §§D, E, and F of this regulation. Maximum Contaminant Levels for Total Trihalomethanes. Community and nontransient noncommunity Subpart H systems serving 10,000 or more individuals shall comply with §F(1)—(4) of this regulation beginning January 1, 2002. Community and nontransient noncommunity Subpart H systems serving fewer than 10,000 individuals and systems using only ground water not under the direct influence of surface water shall comply with §F(1)—(4) of this regulation beginning January 1, 2004. All water systems shall comply with these MCLs until the date specified in Regulation .15-2I(2)(b) of this chapter. MCLs for organic chemicals are shown in §§D—F of this regulation. Volatile Organic Contaminants. Synthetic Organic Contaminants. Disinfection Byproducts Maximum Contaminant Levels. Total trihalomethanes (TTHM) 0.080 mg/l Haloacetic acids (five) (HAA5) 0.060 mg/l Bromate ... 0.010 mg/l Chlorite ... 1.0 mg/l The Approving Authority has identified the best available technology to achieve the maximum contaminant levels for contaminants listed in Regulation .07D and E of this chapter. These technologies include granular activated carbon (GAC), packed tower aeration (PTA), and oxidation (OX). The best available technology for each contaminant listed in Regulation .07D and E of this chapter is specified in the following table: Disinfection Byproducts and Disinfectants. The best available technology, treatment technique, or other means available for each contaminant listed in Regulations .07F and .23C of this chapter is specified in the following table: A supplier of water to a public water system who uses products containing acrylamide or epichlorohydrin shall certify annually, in writing to the Approving Authority, that the product of monomer level and dosage does not exceed the following levels: For acrylamide, 0.05 percent dosed at 1 ppm (or an equivalent combination of monomer concentration in the material being added and polymer dosage rate as long as the concentration in the finished water does not exceed 0.0005 milligram/liter of acrylamide); and For epichlorohydrin, 0.01 percent dosed at 20 ppm (or an equivalent combination of monomer concentration in the material being added and polymer dosage rate as long as the concentration in the finished water does not exceed 0.002 milligram/liter of epichlorohydrin). The certification shall be in the manner approved by the Approving Authority. The maximum contaminant level for turbidity is applicable to all suppliers of water using surface water sources, or ground water sources under the direct influence of surface water, in whole or in part. Until June 29, 1993, the maximum contaminant level for turbidity in drinking water, when measured at a representative entry point to the distribution system, is: 1 turbidity unit (TU), as determined by a monthly average pursuant to Regulation .12 of this chapter, except that 5 or fewer turbidity units may be allowed if this higher level of turbidity does not: Interfere with disinfection, Prevent maintenance of an effective disinfectant agent throughout the distribution system, and Interfere with microbiological determinations; 5 turbidity units (TU) based on an average of two samples collected on consecutive days. The Approving Authority may set turbidity performance requirements for filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration, or diatomaceous earth filtration as set forth in 40 CFR §141.173. If the Approving Authority has determined that a system shall install filtration and the system installs filtration after June 29, 1993, then the requirements of §B of this regulation shall continue to apply until filtration is installed. The turbidity standards for systems using a surface water source or a ground water source under the direct influence of surface water are as follows: Suppliers of water at all systems shall meet the turbidity requirements in 40 CFR §§141.70—141.75; Suppliers of water at systems serving 10,000 or more individuals shall meet the additional turbidity requirements in 40 CFR §141.173(a); and Beginning January 1, 2005, suppliers of water at systems serving fewer than 10,000 individuals shall meet the additional turbidity requirements of 40 CFR §§141.550— 141.553. Notwithstanding §A of this regulation, all unfiltered systems that are monitoring in accordance with the criteria to avoid filtration found in 40 CFR §§141.70—141.75 are subject only to the turbidity requirements of 40 CFR §§141.70—141.75. The maximum containment levels for radioactive substances are applicable only to community water systems. The following are the MCLs for radioactive substances: Alpha particle radioactivity: Beta particle and photon radioactivity from man-made radionuclides: The average annual concentration for beta particle and photon radioactivity from man-made radionuclides in drinking water may not produce an annual dose-equivalent to the total body or any internal organ greater than 4 mrem/year; Compliance with this regulation shall be determined in accordance with 40 CFR §141.66(d). Compliance Dates. Suppliers of water at community water systems shall comply with the MCLs in this regulation on December 8, 2003. Compliance with reporting requirements for the radionuclides under 40 CFR Part 141, Appendix A to Subpart O and 40 CFR Part 141, Appendices A and B to Subpart Q is required on December 8, 2003. Compliance Dates. Suppliers of water at community water systems shall comply with the MCLs in this regulation on December 8, 2003. Compliance with reporting requirements for the radionuclides under 40 CFR Part 141, Appendix A to Subpart O and 40 CFR Part 141, Appendices A and B to Subpart Q is required on December 8, 2003. The Approving Authority has identified the treatment techniques appearing at 40 CFR §141.66, Table B as the best available technology for achieving compliance with the maximum contaminant levels for radioactive contaminants listed in this regulation. Until March 31, 2016, the maximum contamination level of total coliform is based on the presence or absence of total coliform in each sample, rather than coliform density. The maximum contaminant level for coliform bacteria is exceeded if: More than 5 percent of the samples collected in any month are positive for total coliform for any supplier of water that collects 40 or more samples a month; Two or more samples collected in any month are positive for total coliform for any supplier of water that collects less than 40 samples a month; A total coliform repeat sample is positive following a fecal coliform-positive or E. coli-positive routine sample; or Any repeat sample is positive for fecal coliform or E. coli. A supplier of water shall determine compliance with §A of this regulation in each month it is required to monitor total coliform by using: All routine samples required by Regulation .11A of this chapter; All repeat samples required by Regulation .11-2A and B of this chapter; Any routine or repeat samples not invalidated under Regulation .11-2C of this chapter; and All samples taken in compliance with Regulation .11B(1) of this chapter. Special purpose samples, such as those taken to determine whether disinfection practices following pipe replacement or repair have been sufficient, may not be used to determine compliance with §A of this regulation. [Best] Until March 31, 2016, the best technology, treatment techniques, or other means of achieving compliance with §A of this regulation are: Protection of wells from contamination by appropriate placement and construction; Maintenance of a disinfectant residual throughout the distribution system; Proper maintenance of the distribution system including pipe replacement, main flushing programs, proper operation of storage tank and reservoirs, and continual maintenance of positive water pressure in the distribution system; Filtration and disinfection of surface and ground water as described in 40 CFR Part 141, Subpart H; and The implementation of a local wellhead protection program under the approval of the Approving Authority. Until March 31, 2016, any fecal coliform-positive repeat sample or E. coli-positive routine sample, or any total coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive routine sample, the system is in violation of the MCL for total coliforms. This is a violation that may pose an acute risk to health. Beginning April 1, 2016, a system is in violation of the MCL for E.coli for samples taken under the requirements of Regulation .11-4 of this chapter when any of the conditions below occur. A violation of the MCL for E.coli may pose an acute risk to health. The MCL for E.coli is exceeded if: The system has an E.coli-positive repeat sample following a total coliform-positive routine sample; The system has a total coliform-positive repeat sample following an E.coli-positive routine sample; The system fails to take all required repeat samples following an E.coli routine sample; or The system fails to test for E.coli when any repeat sample tests positive for total coliform. Until March 31, 2016, a supplier of water shall determine compliance with §§A—B of this regulation for each month in which it is required to monitor for total coliforms. Beginning April 1, 2016, a supplier of water shall determine compliance with the MCL for E. coli in accordance with §F of this regulation for each month in which it is required to monitor for total coliforms. Beginning April 1, 2016, the best technology, treatment techniques, or other means of achieving compliance with the maximum contaminant level for total coliforms in §§A—B of this regulation, and for achieving compliance with the maximum contaminant level for E. coli in §F of this regulation are: Protection of wells from fecal contamination by appropriate placement and construction; Maintenance of a disinfectant residual throughout the distribution system; Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tank and reservoirs, cross connection control, and continual maintenance of positive water pressure in the distribution system; Filtration and/or disinfection of surface water, as described in subparts H, P, T, and W of 40 CFR §141, or disinfection of ground water, as described in subpart S of 40 CFR §141, using strong oxidants such as chlorine, chlorine dioxide, or ozone; and For systems using ground water, compliance with the requirements of a Wellhead Protection Program developed and implemented under section 1428 of the SDWA. Pursuant to section 1412 of the SDWA, the technology, treatment techniques, or other means available identified in this section are affordable technology treatment techniques, or other means available to systems serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for total coliforms in §§A and B of this regulation and for achieving compliance with the maximum contaminant level for E. coli in §F of this regulation. Routine Monitoring for Total Coliform of Community and Noncommunity Water Supply Systems Until March 31, 2016. A supplier of water to a community water system shall sample for total coliform at regular intervals throughout the month and in number proportionate to the population served as set forth in the coliform sample table in §A(2) of this regulation. Coliform Sample Table. A supplier of water to a noncommunity system shall: Sample for total coliform once a quarter if the system serves 25 to 1,000 persons and uses only ground water not under the direct influence of surface water; or Comply with §A(1) of this regulation, if the system: Serves more than 1,000 persons; Uses surface water in total or in part; or Uses ground water under the direct influence of surface water. A noncommunity water supply system shall comply with §A(1) of this regulation within 6 months after the Approving Authority determines the ground water is under the direct influence of surface water. A supplier of water shall sample for total coliform at points which are representative of conditions within the distribution system and in accordance with a sampling siting plan written by the supplier of water. The Approving Authority may revise or review this plan. A supplier of water shall monitor for total coliform at regular intervals throughout the month, except if a system uses only ground water and serves less than 4,901 individuals, then the system may collect all required routine samples on 1 day from different sites. Alternative Routine Monitoring Frequency for Total Coliform Until March 31, 2016. Public water systems that use surface water or ground water under the direct influence of surface water and that avoid filtration are required to collect at least one total coliform sample near the first service connection each day the source water turbidity exceeds 1 nephelometric turbidity unit (NTU). This sample shall be collected within 24 hours of the turbidity measurement. The Approving Authority may waive the 24-hour requirement under 40 CFR §141.21(a)(5), which is incorporated by reference. The Approving Authority may reduce the total coliform sampling frequency of a community or noncommunity water system if the: System serves less than 1,000 individuals; System has a history of no coliform bacterial contamination in its current configuration; System is supplied solely by a protected ground water source; System is free of significant sanitary defects based on a sanitary survey conducted within 5 years; and Reduction is granted in writing. Sampling frequency for total coliform may not be reduced to less than once a: Quarter for community systems; and Year for noncommunity systems. The Approving Authority may reduce total coliform sampling frequency for a noncommunity system using only ground water that regularly serves more than 1,000 individuals for those months when the population served falls below 1,000 individuals. Analytical Requirements for Total Coliform Analysis Until March 31, 2016. Total coliform analysis shall be conducted in accordance with methods specified in 40 CFR §141.21(f), which is incorporated by reference. The total coliform samples need only to be analyzed for the presence or absence of total coliform and the standard sample size shall be at least 100 milliliters, regardless of analytical method. Compliance Monitoring for Ground Water Supplies. Existing Ground Water Sources. A ground water supplier that provides at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for any ground water source before December 1, 2009, shall notify the Approving Authority in writing that it provides at least 4-log treatment of viruses, and begin compliance monitoring in accordance with §D(3) of this regulation. Notification to the Approving Authority shall include engineering, operational, or other information that the Approving Authority requests to evaluate the submission. If the supplier subsequently discontinues 4-log treatment of viruses, the supplier shall conduct ground water source monitoring as required under Regulation .11-2 D—J of this chapter. New Ground Water Sources. A ground water supplier that places a ground water source in service after November 30, 2009, and that provides at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for the ground water source shall comply with the following requirements: The supplier shall notify the Approving Authority in writing that it provides at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for the ground water source. Notification to the Approving Authority shall include engineering, operational, or other information that the Approving Authority requests to evaluate the submission. The supplier shall conduct compliance monitoring as required under §D(3) of this regulation within 30 days of placing the source in service. The supplier shall conduct ground water source monitoring required under Regulation .11-2 D—J of this chapter if the supplier subsequently discontinues 4-log treatment of viruses. Monitoring requirements. A ground water supplier subject to the requirements of Regulation .05-5C of this chapter, or §D(1) or (2) of this regulation shall monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows: Chemical Disinfection. Ground Water Suppliers Serving Greater Than 3,300 People. A ground water supplier that serves greater than 3,300 people shall continuously monitor the residual disinfectant concentration using analytical methods specified in 40 CFR §141.74(a)(2) at a location approved by the Approving Authority and shall record the lowest residual disinfectant concentration each day that water from the ground water source is served to the public. The ground water supplier shall maintain the Approving Authority-determined residual disinfectant concentration every day the ground water supplier serves water from the ground water source to the public. If there is a failure in the continuous monitoring equipment, the ground water supplier shall conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The supplier shall resume continuous residual disinfectant monitoring within 14 days. Ground water suppliers serving 3,300 or fewer people. A ground water supplier that serves 3,300 or fewer people shall monitor the residual disinfectant concentration using analytical methods specified in 40 CFR §141.74(a)(2) at a location approved by the Approving Authority and record the residual disinfection concentration each day that water from the ground water source is served to the public. The ground water supplier shall maintain the approved residual disinfectant concentration every day the ground water supplier serves water from the ground water source to the public. The ground water supplier shall take a daily grab sample during the hour of peak flow or at another time specified by the Approving Authority. If any daily grab sample measurement falls below the minimum residual disinfectant concentration, the ground water supplier shall take follow-up samples every 4 hours until the residual disinfectant concentration is restored to the approved minimum level. Alternatively, a ground water supplier that serves 3,300 or fewer people may monitor continuously and meet the requirements of §D(3)(a)(i) of this regulation. Membrane Filtration. A ground water supplier that uses membrane filtration to meet the requirements of this regulation shall monitor the membrane filtration process and shall operate the membrane filtration in accordance with all Approving Authority-specified requirements. A ground water supplier that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when the requirements of 40 CFR §141.403(b)(3)(ii)(A)—(C) are met. Alternative Treatment. A ground water supplier that uses an approved alternative treatment to meet the requirements of 40 CFR 141 Subpart S by providing at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer shall monitor and operate the alternative treatment in accordance with all Approving Authority-specified compliance requirements. Discontinuing Treatment. A ground water supplier may discontinue 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for a ground water source if the Approving Authority determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A supplier that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical method requirements of Regulation .11-2 D—J of this chapter. Failure to meet the monitoring requirements of this regulation is a monitoring violation and requires the ground water supplier to provide public notification under Regulation .20D(1)(a) of this chapter. When any routine or repeat sample is total coliform-positive, the supplier of water shall analyze that total coliform culture medium for fecal coliform or E. coli. The Approving Authority may allow a public water system to forego the fecal coliform or E. coli analysis if the supplier of water assumes that the total coliform-positive is fecal coliform-positive or E. coli-positive and reports this to the Approving Authority in accordance with Regulation .19 of this chapter. The fecal coliform and E. coli analysis shall be conducted in accordance with methods specified in 40 CFR §141.21(f), which is incorporated by reference. Frequency of Repeat Sampling for Total Coliform Until March 31, 2016. If a routine sample is total coliform-positive, the supplier of water shall take repeat samples within 24 hours from the time the system is notified of the positive result. The Approving Authority may extend this time limit if the system cannot collect the repeat samples within 24 hours. If the time limit is extended, the Approving Authority shall specify how much time the system has to collect the repeat samples. Systems with one service connection may follow the alternative repeat monitoring as specified in §A(4) of this regulation. The supplier of water shall take the following number of repeat samples for each total coliform-positive routine sample: Three repeat samples when the supplier of water is required to collect more than one routine sample a month; or Four repeat samples when the supplier of water is required to collect one, or less than one, routine sample a month. The supplier of water shall follow the sampling method below, except the Approving Authority may determine an alternative sampling plan if the conditions below cannot be met: Collect one repeat sample from the original total coliform-positive tap; and Collect at least one other repeat sample within five service connections upstream of the original site and another within five service connections downstream of the original site. The supplier of water shall collect all repeat samples on the same day, except systems with a single service connection may collect check samples over a 4-day period or collect larger sample volumes as long as the total sample volume equals: 400 milliliters, when the system is required to take one, or less than one, routine sample a month; or 300 milliliters, when the system is required to take more than one routine sample a month. If one or more repeat sample is total coliform-positive, the supplier of water shall collect an additional set of repeat samples in the manner specified in §A(1)—(4) of this regulation, until one complete set of repeat samples contains no coliform, or the supplier of water exceeds the maximum contamination level under Regulation .10 of this chapter. A sample taken within five service connections of a positive routine sample may be counted as a repeat sample if the sample was collected after the positive routine sample but before notification of the sample results. A supplier of water using a ground water source subject to Regulation .05-5 of this chapter, shall perform triggered source water monitoring in accordance with Regulation .11-2D—J of this chapter if conditions described in Regulation .11-2D(1) of this chapter exist. Repeat Sampling the Next Month Until March 31, 2016. When a supplier of water collects one or more total coliform-positive samples that are not invalidated under §C of this regulation, and is required to routinely take less than five routine samples a month, the supplier of water shall collect at least five routine samples the next month water is supplied to the public. Waiver. The Approving Authority may waive, in writing, the requirement in §B(1) of this regulation. The Approving Authority may only issue a waiver in accordance with §B(2)(c) or (d) of this regulation. The Approving Authority may issue a waiver if the Approving Authority performs a site visit before the end of the next month the system provides water to the public to determine whether additional sampling and corrective action is needed by the supplier of water. The Approving Authority may issue a waiver if the Approving Authority has determined why the sample was total coliform-positive and establishes that the supplier of water has corrected the problem before the end of the next sampling month. The supplier of water shall still collect at least one sample the next month the system supplies water to the public unless the Approving Authority determines that the system corrected the problem before the repeat samples were taken and all repeat samples were total coliform-negative. The Approving Authority may not waive the five-sample requirement solely on the grounds that the check samples were negative. The written waiver shall: Be signed by the supervisor of the State official recommending the waiver; Include the specific cause of the positive result and the corrective action taken by the supplier of water; and Be available to the EPA and the public. Invalidation of Total Coliform Samples Until March 31, 2016. Invalidation by Approving Authority. The Approving Authority may invalidate a total coliform-positive sample when the conditions of §C(1)(b), (c), or (d) of this regulation have been met. The Approving Authority may invalidate a total coliform-positive sample when the laboratory establishes that improper sample analysis caused the positive result. The Approving Authority may invalidate a total coliform-positive sample when repeat samples collected as described in §A of this regulation demonstrate that the original total coliform-positive sample was caused by a domestic or another nondistribution system plumbing problem. This determination can only be made when all repeat samples taken at the original tap are total coliform-positive and all repeat samples collected within five service connections of the original tap are total coliform-negative. The Approving Authority may not invalidate a sample simply on the grounds that all repeat samples were negative. The Approving Authority may invalidate a total coliform-positive sample when the total coliform-positive sample result is caused by a condition which does not reflect the water quality of the distribution system. In this case, the decision to invalidate a positive coliform sample shall be in writing and signed by the supervisor of the official recommending the decision. The document shall include the specific cause of the total coliform-positive sample and action taken or to be taken by the supplier of water to correct the problem. This document shall be made available to the EPA and the public. The supplier of water shall still collect repeat samples as described in §A(1)—(4) of this regulation and use them to determine compliance with the maximum contaminant level. Invalidation by Laboratory. Unless total coliform is detected in a sample, a laboratory shall invalidate a sample if the sample: Produces a turbid culture in the absence of gas production using an analytic method when gas formation is examined; Produces a turbid culture in the absence of an acid reaction in the presence-absence coliform test; or Exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter. When a laboratory invalidates a sample as described in §C(2)(a) of this regulation, the supplier of water shall collect another sample from the original location within 24 hours of notification of the invalidated sample. The supplier of water shall continue to resample until it obtains a valid result. The Approving Authority may waive the 24-hour limit on a case-by-case basis. Triggered Source Water Monitoring for Ground Water Supplies. General Requirements Until March 31, 2016. A ground water supplier subject to Regulation .05-5 of this chapter shall conduct triggered source water monitoring pursuant to 40 CFR §141.402(a) if the following conditions exist: The supplier does not provide at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for each ground water source; and The supplier is notified that a sample collected under Regulation .11A of this chapter is total coliform-positive and the sample is not invalidated under Regulation .11-2C of this chapter until March 31, 2016. Sampling Requirements Until March 31, 2016. A groundwater supplier shall collect, within 24 hours of notification of the routine total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time that the total coliform-positive sample was collected under Regulation .11 of this chapter until March 31, 2016, except as provided in §D(2)(b) of this regulation. The Approving Authority may extend the 24-hour time limit on a case-by-case basis if the supplier cannot collect the ground water source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Approving Authority must specify how much time the supplier has to collect the sample. If approved by the Approving Authority, suppliers with more than one ground water source may meet the requirements of §D(2) of this regulation by sampling a representative ground water source or sources. If directed by the Approving Authority, suppliers shall submit for approval a triggered source water monitoring plan. The plan shall include a sampling siting plan developed in accordance with Regulation .11A(5) of this chapter, and shall identify one or more ground water sources that are representative of each monitoring site in the supplier’s sample siting plan until March 31, 2016, and that the supplier intends to use for representative sampling under §D(2) of this regulation. A ground water supplier serving 1,000 people or fewer may use a repeat sample collected from a ground water source to meet the requirements of §A of this regulation and to satisfy the monitoring requirements of §D(2) of this regulation for that ground water source. If the repeat sample collected from the ground water source is E. coli positive, the supplier shall comply with §D(3) of this regulation. Additional Requirements Until March 31, 2016. If the Approving Authority does not require corrective action under Regulation .05-5C of this chapter for a fecal indicator-positive source water sample collected under §D of this regulation that is not invalidated under §G of this regulation, the supplier shall collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample. Consecutive and Wholesale Systems Until March 31, 2016. In addition to the other requirements of §D of this regulation, a consecutive ground water supplier that has a total coliform-positive sample collected under Regulation .11 of this chapter until March 31, 2016, shall notify the wholesale supplier or suppliers within 24 hours of being notified of the total coliform positive sample. In addition to the other requirements of §D of this regulation, a wholesale ground water supplier shall comply with the following: A wholesale ground water supplier that receives notice from a consecutive supplier it serves that a sample collected under Regulation .11 of this chapter until March 31, 2016, is total coliform positive shall, within 24 hours of being notified, collect a sample from its ground water source(s) under §D(2) of this regulation and analyze it for a fecal indicator under §F of this regulation. If the sample collected under §D(4)(b)(i) of this regulation is fecal indicator-positive, the wholesale ground water supplier shall notify all consecutive suppliers served by that ground water source of the fecal indicator source water positive within 24 hours of being notified of the ground water source sample monitoring result and shall meet the requirements of this §D(3) of this regulation. Exceptions to the Triggered Source Water Monitoring Requirements Until March 31, 2016. A ground water supplier is not required to comply with the source water monitoring requirements of §D of this regulation if either of the following conditions exists: Until March 31, 2016, the Approving Authority determines, and documents in writing, that the total coliform-positive sample collected under Regulation .11 of this chapter is caused by a distribution system deficiency; or Until March 31, 2016, the total coliform-positive sample collected under Regulation .11 of this chapter, is collected at a distribution system location or under conditions that the Approving Authority determined will cause total-coliform-positive samples. Beginning April 1, 2016, a groundwater supplier subject to Regulation .05-5 of this chapter shall conduct triggered source water monitoring pursuant to 40 CFR §141.420(a) if the following conditions exist: The supplier does not provide at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for each ground water source; and The supplier is notified that a sample collected under Regulations .11-4D—G of this chapter is total coliform-positive and the sample is not invalidated under Regulation .11-4C(3) beginning April 1, 2016. Beginning April 1, 2016, a groundwater supplier shall collect, within 24 hours of notification of the routine total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time that the total coliform-positive sample was collected under Regulations .11-4D—G of this chapter beginning April 1, 2016, except as provided in §D(7)(b) of this regulation. The Approving Authority may extend the 24-hour time limit on a case-by-case basis if the supplier cannot collect the ground water source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Approving Authority must specify how much time the supplier has to collect the sample. If approved by the Approving Authority, suppliers with more than one ground water source may meet the requirements of §D(7) of this regulation by sampling a representative ground water source or sources. If directed by the Approving Authority, suppliers shall submit for approval a triggered source water monitoring plan. The plan shall include a sampling siting plan developed in accordance with Regulation .11-4C of this chapter, and shall identify one or more ground water sources that are representative of each monitoring site in the supplier’s sample siting plan developed in accordance with Regulation .11-4C of this chapter beginning April 1, 2016, and that the supplier intends to use for representative sampling under §D(7) of this regulation. Beginning April 1, 2016, a groundwater system serving 1,000 or fewer people may use a repeat sample collected from a ground water source to meet both the requirements of Regulation 11-4 of this chapter and to satisfy the monitoring requirements of paragraph §D(2) of this regulation for that ground water source only if the Approving Authority approves the use of E. coli as a fecal indicator for source water monitoring under §D of this regulation and approves the use of a single sample for meeting both the triggered source water monitoring requirements in §D of this regulation and the repeat monitoring requirements in Regulation .11-4H of this chapter. If the repeat sample collected from the ground water source is E. coli-positive, the system must comply with §D(3) of this regulation. Beginning April 1, 2016, if the Approving Authority does not require corrective action under Regulation .05-5C of this chapter for a fecal indicator-positive source water sample collected under §D of this regulation that is not invalidated under §G of this regulation, the supplier shall collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample. Consecutive and Wholesale Systems beginning April 1, 2016. In addition to the other requirements of §D of this regulation beginning April 1, 2016, a consecutive ground water supplier that has a total coliform-positive sample collected under Regulations .11-4D—G of this chapter shall notify the wholesale supplier or suppliers within 24 hours of being notified of the total coliform positive sample. In addition to the other requirements of §D of this regulation, a wholesale ground water supplier shall comply with the following: Beginning April 1, 2016, a wholesale ground water supplier that receives notice from a consecutive supplier it serves that a sample collected under Regulations .11-4D—G of this chapter is total coliform positive shall, within 24 hours of being notified, collect a sample from its ground water source(s) in accordance with §D(7) of this regulation and analyze it for a fecal indicator in accordance with §F of this regulation. If the sample collected under §D(4)(b)(i) of this regulation is fecal indicator-positive, the wholesale ground water supplier shall notify all consecutive suppliers served by that ground water source of the fecal indicator source water positive result within 24 hours of being notified of the ground water source sample monitoring result and shall meet the requirements of §D(3) of this regulation. Beginning April 1, 2016, a ground water supplier is not required to comply with the source water monitoring requirements of §D of this regulation if either of the following conditions exists: The Approving Authority determines, and documents in writing, that the total coliform-positive sample collected under Regulations .11-4D—G of this chapter beginning April 1, 2016 is caused by a distribution system deficiency; or The total coliform-positive sample collected under Regulations .11-4D—G of this chapter beginning April 1, 2016 is collected at a distribution system location or under conditions that the Approving Authority determined will cause total-coliform-positive samples. Assessment Source Water Monitoring. If directed by the Approving Authority, ground water suppliers shall conduct assessment source water monitoring. A ground water supplier conducting assessment source water monitoring may use a triggered source water sample collected under §D(1) of this regulation to meet the assessment source water monitoring. If assessment source water monitoring is required by the Approving Authority, the monitoring shall include: Collection of a total of 12 ground water source samples that represent each month the supplier provides ground water to the public; Collection of samples from each well unless the supplier obtains written approval from the Approving Authority to conduct monitoring at one or more wells within the ground water system that are representative of multiple wells used by that supplier and that draw water from the same hydrogeologic setting; Collection of a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used; Analysis of all ground water source samples using one of the analytical methods listed in 40 CFR §141.402(c)(2) for the presence of E. coli; Collection of ground water source samples at a location prior to any treatment of the ground water source unless the Approving Authority approves a sampling location after treatment; and Collection of ground water source samples at the well itself unless the system’s configuration does not allow for sampling at the well itself and the Approving Authority approves an alternate sampling location that is representative of the water quality of that well. Analytical Methods. A ground water supplier subject to the source water monitoring requirements of §D of this regulation shall collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used. A ground water supplier shall analyze all ground water source samples collected under §D of this regulation using one of the analytical methods listed in the table in 40 CFR §141.402(c)(2) for the presence of E. coli, enterococci, or coliphage. Invalidation of a Fecal Indicator Positive Ground Water Source Sample. A ground water supplier may obtain invalidation from the Approving Authority for a fecal indicator-positive ground water source sample collected under §D of this regulation only under the following conditions: The supplier provides the Approving Authority with written notice from the laboratory that improper sample analysis occurred; or The Approving Authority determines and documents in writing that there is substantial evidence that a fecal indicator-positive ground water source sample is not related to source water quality. If the Approving Authority invalidates a fecal indicator-positive ground water source sample, the ground water supplier shall collect another source water sample under §D of this regulation within 24 hours of being notified by the Approving Authority of its invalidation decision and shall have it analyzed for the same fecal indicator using the analytical methods in §F of this regulation. The Approving Authority may extend the 24-hour time limit on a case-by-case basis if the supplier cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Approving Authority shall specify how much time the supplier has to collect the sample. Sampling location. Any ground water source sample required under §D of this regulation shall be collected at a location prior to any treatment of the ground water source unless the Approving Authority approves a sampling location after treatment. If the system’s configuration does not allow for sampling at the well itself, the supplier may collect a sample at a location approved by the Approving Authority to meet the requirements of §D of this regulation if the sample is representative of the water quality of that well. New Sources. If directed by the Approving Authority, a ground water supplier that places a new ground water source into service after November 30, 2009, shall conduct assessment source water monitoring under §E of this regulation. If directed by the Approving Authority, the supplier shall begin monitoring before the ground water source is used to provide water to the public. Public Notification. A ground water supplier with a ground water source sample collected under §D or E of this regulation that is fecal indicator-positive and that is not invalidated under §G of this regulation, including consecutive suppliers served by the ground water source, shall conduct public notification under Regulation .20B of this chapter. Monitoring Violations. Failure to meet the requirements of §§D—I of this regulation is a monitoring violation and requires the ground water supplier to provide public notification under Regulation .20D of this chapter. Public water systems that are required to regularly collect fewer than five total coliform samples a month shall undergo an initial sanitary survey by the Approving Authority. Community water supplies shall be surveyed before June 29, 1994. Noncommunity water supplies shall be surveyed before June 29, 1999. After the initial sanitary survey is completed, the systems in §A of this regulation shall undergo an additional sanitary survey every 5 years. Noncommunity water supply systems using only protected and disinfected ground water shall undergo a sanitary survey at least once every 10 years. Information collected in the course of developing a local wellhead protection program shall be considered for identifying sources of contamination within the delineated wellhead area. The Approving Authority shall review the results of each sanitary survey and determine if existing monitoring frequencies are adequate or if additional measures need to be taken to improve water quality. Sanitary surveys of ground water systems shall be conducted in accordance with the requirements of 40 CFR §§141.21 and 141.401. Ground water suppliers shall provide the Approving Authority, at the request of the Approving Authority, any existing information that will enable the Approving Authority to conduct a sanitary survey. Sanitary surveys, as conducted by the Approving Authority, shall include, but not be limited to, an onsite review of the water source or sources (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water supplier to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. The sanitary survey must include an evaluation of the applicable components that follow: Source; Treatment; Distribution system; Finished water storage; Pumps, pump facilities, and controls; Monitoring, reporting, and data verification; System management and operation; and Operator compliance with requirements of the Approving Authority. Applicability. This regulation applies to all public water systems. Suppliers of water shall comply with the provisions of this regulation beginning April 1, 2016, unless otherwise specified. Suppliers of water that fail to comply with the applicable requirements of 40 CFR §§141.851—141.861, are in violation of the regulation. Analytical Methods and Laboratory Certification. Analytical Methodology. The standard sample volume required for analysis, regardless of analytical method used, is 100 ml. The samples shall be analyzed for the presence or absence of total coliforms and E. coli; a determination of density is not required. The time from sample collection to initiation of test medium incubation may not exceed 30 hours. Suppliers are encouraged but not required to hold samples below 10° C during transit. If drinking water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) shall be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Analyses shall be conducted for total coliform and E. coli analyses in accordance with an EPA approved analytical method, which is incorporated by reference. Laboratory certification. Suppliers shall have all compliance samples required under this regulation analyzed by a laboratory certified by the EPA, or the Approving Authority to analyze drinking water samples. The laboratory used by the supplier shall be certified for each method, and associated contaminants used for compliance monitoring analyses under this regulation. General Monitoring Requirements for All Public Water Systems. Sample Siting Plans. No later than March 31, 2016, suppliers shall develop a written sample siting plan, which identifies sampling sites and includes a sample collection schedule and which shall be representative of water throughout the distribution system. These plans are subject to review by the Approving Authority and revision as needed. Suppliers shall collect total coliform samples according to the written sample siting plan. Monitoring required by this regulation may take place at a customer's premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of Regulation .11-2 shall be included in the sampling plan. Suppliers shall collect samples at regular time intervals throughout the month, except that suppliers that use only ground water and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites. Suppliers shall take at least the minimum number of required samples even if the system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in §I(1) of this regulation. A supplier may conduct more compliance monitoring than is required by this regulation to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A supplier may take more than the minimum number of required routine samples and shall include the results in calculating whether the coliform treatment technique trigger in §I(1)(a) of this regulation has been exceeded if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system. Suppliers shall identify repeat monitoring locations in the sample siting plan according to the requirements of 40 CFR §141.853(a) which is incorporated by reference. Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, may not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken according to §H of this regulation are not considered special purpose samples, and shall be used to determine whether the coliform treatment technique trigger has been exceeded. Invalidation of total coliform samples. A total coliformpositive sample invalidated under this section does not count toward meeting the minimum monitoring requirements of this regulation. The Approving Authority may invalidate a total coliformpositive sample if the one of the following conditions are met: The laboratory establishes that improper sample analysis caused the total coliform-positive result; The Approving Authority, on the basis of the results of repeat samples collected as required under §H of this regulation, determines that the total coliform-positive sample resulted from a domestic or other nondistribution system plumbing problem. The Approving Authority cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at a location other than the original tap are total coliform-negative; or The Approving Authority has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the supplier shall still collect all repeat samples required under §H of this regulation, and use them to determine whether a coliform treatment technique trigger in §I of this regulation has been exceeded. A laboratory shall invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the supplier shall collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The supplier shall continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The Approving Authority may waive the 24-hour time limit on a case-by-case basis. Alternatively, the Approving Authority may implement criteria for waiving the 24-hoursampling time limit to use in lieu of case-by-case extensions. Routine Monitoring Requirements for Noncommunity Water Systems Serving 1,000 or Fewer People Using Only Ground Water. General. This section applies to noncommunity water systems using only ground water (except ground water under the direct influence of surface water, as defined in Regulation .01 of this chapter) and serving 1,000 or fewer people. Following any total coliform-positive sample taken under the provisions of this section, suppliers shall comply with the repeat monitoring requirements and E. coli analytical requirements in §H of this regulation. Once all monitoring required by this section and §H of this regulation for a calendar month has been completed, suppliers shall determine whether any coliform treatment technique triggers specified in §I of this regulation have been exceeded. If any trigger has been exceeded, suppliers shall complete assessments as required by §I of this regulation. Monitoring frequency for total coliforms. Suppliers shall monitor each calendar quarter that the system provides water to the public, except for seasonal systems or as provided under §D(3)—(8) and (10) of this regulation. Seasonal systems shall meet the monitoring requirements of §D(9) of this regulation. Transition. Systems, including seasonal systems, shall continue to monitor according to the total coliform monitoring schedules under Regulation .11A(5) of this chapter that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in §D(6) of this regulation are triggered on or after April 1, 2016, or unless otherwise directed by the Approving Authority. Beginning April 1, 2016, the Approving Authority shall perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule in accordance with 40 CFR §141.853(c). Annual site visits. Beginning no later than January 1, 2017, systems on annual monitoring, including seasonal systems, shall have an initial and recurring annual site visit by the Approving Authority that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in §I(2) of this regulation in order to remain on annual monitoring. Criteria for annual monitoring. Beginning April 1, 2016, the Approving Authority may reduce the monitoring frequency for a well-operated ground water system from quarterly routine monitoring to no less than annual monitoring, if the system demonstrates that it meets the criteria for reduced monitoring in §D(5)(a)—(c) of this regulation, except for a system that has been on increased monitoring under the provisions of §D(6) of this regulation. A system on increased monitoring under §D(6) of this regulation shall meet the provisions of §D(7) of this regulation to go to quarterly monitoring and shall meet the provisions of §D(8) of this regulation to go to annual monitoring. The system has a clean compliance history for a minimum of 12 months; The most recent sanitary survey shows that the system is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets approved construction standards; and The Approving Authority has conducted an annual site visit within the last 12 months and the supplier has corrected all identified sanitary defects. The supplier may substitute a Level 2 assessment that meets the criteria in §I (2) for the annual site visit. A system on quarterly or annual monitoring that experiences any of the events identified in §D(6)(a)—(d) of this regulation shall begin monthly monitoring the month following the event. A system on annual monitoring that experiences an event identified in §D(6)(e) of this regulation shall begin quarterly monitoring the quarter following the event. The supplier shall continue monthly or quarterly monitoring until the requirements in §D(7) of this regulation for quarterly monitoring or §D(8) of this regulation for annual monitoring are met. A system on monthly monitoring for reasons other than those identified in §D(6)(a)—(d) of this regulation is not considered to be on increase monitoring for the purposes of §D(7) and (8) of this regulation. The system triggers a Level 2 assessment or two Level 1 assessments under the provisions of §I of this regulation in a rolling 12-month period; The system has an E. coli MCL violation; The system has a coliform treatment technique violation; The system has two monitoring violations under this regulation, or one monitoring violation under this regulation and one Level 1 assessment under the provisions of §I of this regulation in a rolling 12-month period for a system on quarterly monitoring; or The system has one monitoring violation under this regulation for a system on annual monitoring. The Approving Authority may reduce the monitoring frequency for a system on monthly monitoring triggered under §D(6) of this regulation to quarterly monitoring if the system meets the criteria in §D(7)(a) and (b) of this regulation. Within the last 12 months, the system shall have a completed sanitary survey or a site visit by the Approving Authority or by its designee or a voluntary Level 2 assessment by a party approved by the Approving Authority, be free of sanitary defects, and have a protected water source; and The system shall have a clean compliance history for a minimum of 12 months. The Approving Authority may reduce the monitoring frequency for a system on increased monitoring under §D(6) of this regulation if the system meets the criteria in §D(7) of this regulation plus the criteria in §D(8)(a) and (b) of this regulation. An annual site visit by the Approving Authority and correction of all identified sanitary defects. The supplier may substitute a voluntary Level 2 assessment by a party approved by the Approving Authority for the annual site visit in any given year. The supplier shall have in place or adopt one or more additional enhancements to the water system barriers to contamination in §D(8)(b)(i)—(v) of this regulation: An approved cross connection control plan; An operator certified by the Board of Waterworks and Waste Systems Operators or regular visits by a circuit rider certified by the Board of Waterworks and Waste Systems Operators; Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Approving Authority; Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under 40 CFR §141.403(b)(3); or Other equivalent enhancements to water system barriers as approved by the Approving Authority. Seasonal Systems. Beginning April 1, 2016, all seasonal systems shall demonstrate completion of an approved start-up procedure, which may include a requirement for startup sampling prior to serving water to the public. Beginning April 1, 2016 a seasonal system shall monitor every month that it is in operation unless it meets the criteria in §D(9)(b)(i)—(iii) of this regulation to be eligible for monitoring less frequently than monthly, except as provided under §D(3) of this regulation. Seasonal systems monitoring less frequently than monthly shall have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Seasonal systems shall collect compliance samples during this time period. To be eligible for quarterly monitoring, the system shall meet the criteria in §D(7) of this regulation. To be eligible for annual monitoring, the system shall meet the criteria under §D(8) of this regulation. The Approving Authority may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating, except that systems that monitor less frequently than monthly shall monitor during the vulnerable period designated by the Approving Authority. Additional routine monitoring the month following a total coliform-positive sample. Suppliers collecting samples on a quarterly or annual frequency shall conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Suppliers shall collect at least three routine samples during the next month, except that the Approving Authority may waive this requirement if the conditions of 40 CFR §141.854(j) are met. Suppliers may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Suppliers shall use the results of additional routine samples in coliform treatment technique trigger calculations under §I of this regulation. Routine Monitoring Requirements for Community Water Systems Serving 1,000 or Fewer People Using Ground Water. General. This section applies to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Regulation .01 of this chapter) and serving 1,000 or fewer people. Following any total coliform-positive sample taken under the provisions of this section, suppliers shall comply with the repeat monitoring requirements and E. coli analytical requirements in §H of this regulation. Once all monitoring required by this section and §H of this regulation for a calendar month has been completed, suppliers shall determine whether any coliform treatment technique triggers specified in §I of this regulation have been exceeded. If any trigger has been exceeded, suppliers shall complete assessments as required by §I of this regulation. Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided for under §E(3)—(6) of this regulation. Transition. All suppliers shall continue to monitor according to the total coliform monitoring schedules under Regulation .11A(5) of this chapter that were in effect on March 31, 2016, unless any of the conditions in §E(5) of this regulation are triggered on or after April 1, 2016, or unless otherwise directed by the Approving Authority. Beginning April 1, 2016, the Approving Authority shall perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule in accordance with 40 CFR §141.855(b)(2). Criteria for reduced monitoring. The Approving Authority may reduce the monitoring frequency from monthly monitoring to no less than quarterly monitoring if the system is in compliance with operator certification provisions and demonstrates that it meets the criteria in §E(4)(a)—(c) of this regulation. A system that loses its certified operator shall return to monthly monitoring the month following that loss. The system has a clean compliance history for a minimum of 12 months. The most recent sanitary survey shows the system is free of sanitary defects, or that the system is in compliance with an approved plan and schedule to correct the sanitary defects. The sanitary survey must also show that the system has a protected water source and meets approved construction standards. The system meets at least one of the following criteria: An annual site visit by the Approving Authority that is equivalent to a Level 2 assessment or an annual Level 2 assessment by a party approved by the Approving Authority and correction of all identified sanitary defects (or an approved plan and schedule to correct them and is in compliance with the plan and schedule). An approved cross connection control plan. Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Approving Authority. Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under 40 CFR §141.403(b)(3). Other equivalent enhancements to water system barriers as approved by the Approving Authority. Return to routine monthly monitoring requirements. Systems on quarterly monitoring that experience any of the events in §E(5)(a)—(d) of this regulation shall begin monthly monitoring the month following the event. The supplier shall continue monthly monitoring until it meets the reduced monitoring requirements in §E(4) of this regulation. The system triggers a Level 2 assessment or two Level 1 assessments in a rolling 12-month period. The system has an E. coli MCL violation. The system has a coliform treatment technique violation. The system has two monitoring violations under this regulation in a rolling 12-month period. Additional routine monitoring the month following a total coliform-positive sample. Suppliers collecting samples on a quarterly frequency shall conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Suppliers shall collect at least three routine samples during the next month, except that the Approving Authority may waive this requirement if the conditions of §E(6)(a), (b), or (c) of this regulation are met. Suppliers may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Suppliers shall use the results of additional routine samples in coliform treatment technique trigger calculations. The Approving Authority may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Approving Authority, or an agent approved by the Approving Authority, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit shall be sufficiently detailed to allow the Approving Authority to determine whether additional monitoring and/or any corrective action is needed. The Approving Authority cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the Approving Authority to perform sanitary surveys. The Approving Authority may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Approving Authority has determined why the sample was total coliform-positive and has established that the supplier has corrected the problem or will correct the problem before the end of the next month in which the supplier serves water to the public. In this case, the Approving Authority shall document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the Approving Authority official who recommends such a decision, and make this document available to the EPA and the public. The written documentation shall describe the specific cause of the total coliform-positive sample and what action the supplier has taken and/or will take to correct this problem. The Approving Authority may not waive the requirement to collect three additional routine samples the next month in which the supplier provides water to the public solely on the grounds that all repeat samples are total coliform-negative. If the Approving Authority determines that the supplier has corrected the contamination problem before the supplier takes the set of repeat samples required in 40 CFR §141.858, and all repeat samples were total coliform-negative, the Approving Authority may waive the requirement for additional routine monitoring the next month. Routine Monitoring Requirements for Subpart H Public Water Systems Serving 1,000 or Fewer People. General. This section applies to Subpart H public water systems, as defined in Regulation .01 of this chapter, serving 1,000 or fewer people. Following any total coliform-positive sample taken under the provisions of this section, suppliers shall comply with the repeat monitoring requirements and E. coli analytical requirements in §H of this regulation. Once all monitoring required by this section and §H of this regulation for a calendar month has been completed, suppliers shall determine whether any coliform treatment technique triggers specified in §I of this regulation have been exceeded. If any trigger has been exceeded, suppliers shall complete assessments as required by §I of this regulation. Seasonal Systems. Beginning April 1, 2016, all seasonal systems shall demonstrate completion of an approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public. The Approving Authority may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating. Routine monitoring frequency for total coliforms. Subpart H systems of this regulation (including consecutive systems) shall monitor monthly. Systems may not reduce monitoring. Unfiltered Subpart H Systems. A Subpart H system of this chapter that does not practice filtration in compliance with subparts H, P, T, and W of 40 CFR §141 shall collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in 40 CFR §141.74(b)(2), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the supplier shall collect this coliform sample within 24 hours of the first exceedance, unless the Approving Authority determines that the supplier, for logistical reasons outside the supplier's control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring shall be included in determining whether the coliform treatment technique trigger in §I of this regulation has been exceeded. Routine Monitoring Requirements for Public Water Systems Serving More Than 1,000 People. General. This section applies to public water systems serving more than 1,000 persons. Following any total coliform-positive sample taken under the provisions of this section, suppliers shall comply with the repeat monitoring requirements and E. coli analytical requirements in §H of this regulation. Once all monitoring required by this section and §H of this regulation for a calendar month has been completed, suppliers shall determine whether any coliform treatment technique triggers specified in §I of this regulation have been exceeded. If any trigger has been exceeded, suppliers shall complete assessments as required by §I of this regulation. Seasonal Systems. Beginning April 1, 2016, all seasonal systems shall demonstrate completion of a Approving Authority-approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public. The Approving Authority may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating. Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows: Unfiltered Subpart H Systems. A Subpart H system of this part that does not practice filtration in compliance with subparts H, P, T, and W of 40 CFR 141 shall collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in 40 CFR §141.74(b)(2), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the supplier shall collect this coliform sample within 24 hours of the first exceedance, unless the Approving Authority determines that the supplier, for logistical reasons outside the supplier's control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring shall be included in determining whether the coliform treatment technique trigger in §I of this regulation has been exceeded. Reduced monitoring. Suppliers may not reduce monitoring, except for noncommunity water systems using only ground water (and not ground water under the direct influence of surface water) serving 1,000 or fewer people in some months and more than 1,000 persons in other months. In months when more than 1,000 persons are served, the suppliers shall monitor at the frequency specified in §G(1) of this regulation. In months when 1,000 or fewer people are served, the Approving Authority may reduce the monitoring frequency, in writing, to a frequency allowed under §D of this regulation for a similarly situated system that always serves 1,000 or fewer people, taking into account the provisions in §D(1)—(7). Repeat Monitoring and E. coli Requirements Repeat Monitoring. If a sample taken under §§D—G of this regulation is total coliform-positive, the supplier shall collect a set of repeat samples within 24 hours of being notified of the positive result. The supplier shall collect no fewer than three repeat samples for each total coliform-positive sample found. The Approving Authority may extend the 24-hour limit on a case-by-case basis if the supplier has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. Alternatively, the Approving Authority may implement criteria for the supplier to use in lieu of case-by-case extensions. In the case of an extension, the Approving Authority shall specify how much time the supplier has to collect the repeat samples. The Approving Authority cannot waive the requirement for a supplier to collect repeat samples in §H(a)—(c) of this regulation. The supplier shall collect all repeat samples on the same day, except that the Approving Authority may allow a supplier with a single service connection to collect the required set of repeat samples over a 3-day period or to collect a larger volume repeat sample(s) in one or more sample containers of any size, as long as the total volume collected is at least 300 ml. The supplier shall collect an additional set of repeat samples in the manner specified in §H(1)(a)—(c) of this regulation if one or more repeat samples in the current set of repeat samples is total coliform-positive. The supplier shall collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the Approving Authority extends the limit as provided in §H(1)(a) of this regulation. The supplier shall continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the supplier determines that a coliform treatment technique trigger specified in §I(1) of this regulation has been exceeded as a result of a repeat sample being total coliform-positive and notifies the Approving Authority. If a trigger identified in §I of this regulation is exceeded as a result of a routine sample being total coliform-positive, suppliers are required to conduct only one round of repeat monitoring for each total coliform-positive routine sample. After a supplier collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the supplier may count the subsequent sample(s) as a repeat sample instead of as a routine sample. Results of all routine and repeat samples taken under §§D—G of this regulation not invalidated by the Approving Authority shall be used to determine whether a coliform treatment technique trigger specified in §I of this regulation has been exceeded. Escherichia coli (E. coli) Testing. If any routine or repeat sample is total coliform-positive, the supplier shall analyze that total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, the supplier shall notify the Approving Authority by the end of the day when the supplier is notified of the test result, unless the supplier is notified of the result after the Approving Authority office is closed and the Approving Authority does not have either an after-hours phone line or an alternative notification procedure, in which case the supplier shall notify the Approving Authority before the end of the next business day. The Approving Authority has the discretion to allow a supplier, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if that supplier assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the supplier shall notify the Approving Authority as specified in §H(2)(a) of this regulation and the provisions of 40 CFR §141.63(c) apply. Coliform Treatment Technique Triggers and Assessment Requirements for Protection Against Potential Fecal Contamination Treatment Technique Triggers. Suppliers shall conduct assessments in accordance with §I(2) of this regulation after exceeding treatment technique triggers in §I(1)(a) and (b) of this regulation. Level 1 Treatment Technique Triggers. For suppliers taking 40 or more samples per month, the system exceeds 5.0% total coliform-positive samples for the month. For suppliers taking fewer than 40 samples per month, the system has two or more total coliform-positive samples in the same month. The system fails to take every required repeat sample after any single total coliform-positive sample. Level 2 treatment technique triggers. An E. coli MCL violation, as specified in 40 CFR §141.860(a). A second Level 1 trigger as defined in §I(1)(a) of this regulation, within a rolling 12-month period, unless the Approving Authority has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the supplier has corrected the problem. For systems with approved annual monitoring, a Level 1 trigger in 2 consecutive years. Requirements for assessments. Suppliers shall ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments shall be conducted by parties approved by the Approving Authority. When conducting assessments, suppliers shall ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The supplier shall conduct the assessment consistent with any Approving Authority directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. Level 1 Assessments. A supplier shall conduct a Level 1 assessment consistent with Approving Authority requirements if the system exceeds one of the treatment technique triggers in §I(1)(a) of this regulation. The supplier shall complete a Level 1 assessment as soon as practical after any trigger in §I(1)(a) of this regulation. In the completed assessment form, the supplier shall describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The supplier shall submit the completed Level 1 assessment form to the Approving Authority within 30 days after the supplier learns that it has exceeded a trigger. If the Approving Authority reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Approving Authority shall consult with the supplier. If the Approving Authority requires revisions after consultation, the supplier shall submit a revised assessment form to the Approving Authority on an agreed-upon schedule not to exceed 30 days from the date of the consultation. Upon completion and submission of the assessment form by the supplier, the Approving Authority shall determine if the supplier has identified a likely cause for the Level 1 trigger and, if so, establish if the supplier has corrected the problem, or has included a schedule acceptable to the Approving Authority for correcting the problem. Level 2 Assessments. A supplier shall ensure that a Level 2 assessment consistent with Approving Authority requirements is conducted if the supplier exceeds one of the treatment technique triggers in §I(1)(b) of this regulation. The supplier shall comply with any expedited actions or additional actions required by the Approving Authority in the case of an E. coli MCL violation. The supplier shall ensure that a Level 2 assessment is completed as soon as practical after any trigger in §I(1)(b) of this regulation. The supplier shall submit a completed Level 2 assessment form to the Approving Authority within 30 days after the supplier learns that it has exceeded a trigger. The assessment form shall describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The supplier may conduct Level 2 assessments if the supplier has staff or management with the certification or qualifications specified by the Approving Authority unless otherwise directed by the Approving Authority. If the Approving Authority reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Approving Authority shall consult with the supplier. If the Approving Authority requires revisions after consultation, the supplier shall submit a revised assessment form to the Approving Authority on an agreed-upon schedule not to exceed 30 days. Upon completion and submission of the assessment form by the supplier, the Approving Authority shall determine if the supplier has identified a likely cause for the Level 2 trigger and determine whether the supplier has corrected the problem, or has included a schedule acceptable to the Approving Authority for correcting the problem. Corrective Action. Suppliers shall correct sanitary defects found through either Level 1 or 2 assessments conducted under §I(2) of this regulation. For corrections not completed by the time of submission of the assessment form, the supplier shall complete the corrective action(s) in compliance with a timetable approved by the Approving Authority in consultation with the supplier. The supplier shall notify the Approving Authority when each scheduled corrective action is completed. Consultation. At any time during the assessment or corrective action phase, either the water supplier or the Approving Authority may request a consultation with the other party to determine the appropriate actions to be taken. The supplier may consult with the Approving Authority on all relevant information that may impact on its ability to comply with a requirement of §I(6), including the method of accomplishment, an appropriate time frame, and other relevant information. Violations of the Revised Total Coliform Rule. E. coli MCL Violation. A system is in violation of the MCL for E. coli when any of the following conditions identified in §J(1)(a)—(d) of this regulation occur: The system has an E.coli-positive repeat sample following a total coliform-positive routine sample; The system has a total coliform-positive repeat sample following an E.coli-positive routine sample; The system fails to take all required repeat samples following an E.coli-positive routine sample; or The system fails to test for E. coli when any repeat sample tests positive for total coliform. Treatment Technique Violation. A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in §I(1) of this regulation and then fails to conduct the required assessment or corrective actions within the time frame specified in §I(2) and (3) of this regulation. A treatment technique violation occurs when a seasonal system fails to complete an Approving Authority-approved start-up procedure prior to serving water to the public. Monitoring Violations. Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation. Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation. Reporting Violations. Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation. Failure to notify the Approving Authority following an E. coli-positive sample as required by 40 CFR §141.858(b)(1) in a timely manner is a reporting violation. Failure to submit certification of completion of Approving Authority-approved start-up procedure by a seasonal system is a reporting violation. A supplier of water using a surface water source or a ground water source under the direct influence of surface water shall perform turbidity monitoring as required by 40 CFR §§141.70—141.75. Filtered and unfiltered public water systems using surface water sources shall also comply with §§C and D of this regulation until June 29, 1993. A supplier of water using unfiltered surface water or ground water under the direct influence of surface water, which is required by the Approving Authority to filter, but which has not installed filtration, shall continue to comply with §§C and D of this regulation until filtration is installed, even beyond June 29, 1993. The supplier of water shall take samples at a representative entry point to the water distribution system at least once per day for the purpose of making turbidity measurements to determine compliance with Regulation .08 of this chapter. If a measurement indicates the maximum allowable limit has been exceeded, the sampling and measurements shall be repeated, preferably in 1 hour. If the repeat sample confirms that the maximum allowable limit has been exceeded, the supplier of water shall report to the Approving Authority as directed in Regulation .19 of this chapter. If the results of the repeat sample are less than the first sample, the second value should be used in the calculation of the monthly average; otherwise, repeat samples may not be used in calculating the monthly average. If the monthly average of the daily samples exceeds the maximum allowable limit, or if the average of two samples taken on consecutive days exceeds 5 TU, the supplier of water shall notify the Approving Authority as directed in Regulation .19 of this chapter and shall notify the public as directed in Regulation .20 of this chapter. Measurements of turbidity shall be made by the Nephelometric Method in accordance with the methods specified in 40 CFR §141.74(a)(1). Continuous turbidity monitoring may be used by a supplier of water only with approval by the Approving Authority. Suppliers of water at systems serving 10,000 or more individuals shall meet the turbidity monitoring requirements in 40 CFR §141.173(a) in addition to the requirements of §§A—E of this regulation. Suppliers of water at systems serving fewer than 10,000 individuals shall meet the turbidity monitoring requirements in 40 CFR §§141.550—141.564 in addition to the requirements of §§A—E of this regulation. This regulation applies to a community water system (CWS). Sampling Location. The supplier of water to a community water system shall: Sample at every entry point to the distribution system that is representative of all sources being used (after this called a sampling point) under normal operating conditions; and Take each sample at the same sampling point unless: Conditions make another sampling point more representative of each source; or The Approving Authority has designated a distribution system location. Initial Monitoring. The supplier of water to an existing CWS shall conduct initial monitoring by December 31, 2007 in order to determine compliance with Regulation .09A of this chapter. The Approving Authority may require more frequent monitoring in the event of possible contamination or if changes in the distribution system or treatment processes occur that may increase the concentration of radioactivity in finished water. The supplier of water to a new CWS or a CWS that uses a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source. For systems without acceptable historical data, as defined in §C(4) of this regulation, the supplier of water shall collect four consecutive quarterly samples at all sampling points before December 31, 2007. The Approving Authority may allow historical monitoring data collected at a sampling point, if designated as appropriate by the Approving Authority, to satisfy the initial monitoring requirements for that sampling point, for the following situations: A CWS having only one entry point to the distribution system may use the monitoring data from the last compliance monitoring period beginning June 1, 2000 through December 8, 2003; A CWS with multiple entry points and having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period beginning June 1, 2000 through December 8, 2003; or A CWS with historical monitoring data for a representative point in the distribution system may use the monitoring data from the last compliance monitoring period beginning June 1, 2000 through December 8, 2003, if: The Approving Authority finds that the historical data satisfactorily demonstrate that each entry point to the distribution system is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of contaminant levels between entry points; and The Approving Authority makes a written finding indicating how the data conforms to these requirements. For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the Approving Authority may waive the final 2 quarters of initial monitoring for a sampling point if the results of the samples from the previous 2 quarters are below the detection limit. If the average of the initial monitoring results for a sampling point is above the maximum contaminant level (MCL), the supplier of water shall collect and analyze quarterly samples at that sampling point until the system has results from 4 consecutive quarters that are at or below the MCL, unless the supplier enters into another schedule as part of a formal compliance agreement with the Approving Authority. Reduced Monitoring. The supplier of water may reduce the future frequency of monitoring for a contaminant from once every 3 years to once every 9 years at each sampling point, if the average of the initial monitoring results for each such contaminant is below the detection limit specified in 40 CFR §141.25, Table B. The supplier of water may reduce the future frequency of monitoring for a contaminant from once every 3 years to once every 6 years at each sampling point, if: For gross alpha particle activity or uranium, the average of the initial monitoring results are at or above the detection limit but at or below 1/2 the MCL; or For combined radium-226 and radium-228, the average of the initial monitoring results is at or above the detection limit but at or below 1/2 the MCL. The supplier of water shall collect and analyze at least one sample for a contaminant at each sampling point every 3 years if: For gross alpha particle activity or uranium, the average of the initial monitoring results is above 1/2 the MCL but at or below the MCL; or For combined radium-226 and radium-228, the average of the initial monitoring results is above 1/2 the MCL but at or below the MCL. The supplier of water shall use the samples collected during the most recent reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods. For example, if a system's sampling point is on a 9-year monitoring period, and the sample result is above 1/2 MCL, the next monitoring period for that sampling point is 3 years. If a CWS has a monitoring result that exceeds the MCL while on reduced monitoring, the supplier of water shall collect and analyze quarterly samples at that sampling point until the system has results from 4 consecutive quarters that are below the MCL, unless the supplier of water enters into another schedule as part of a formal compliance agreement with the Approving Authority. Compositing. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a supplier of water may composite up to four consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample. The composited result shall be used as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than 1/2 MCL, the Approving Authority may direct the water supplier to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule. Substitutions. If the measured gross alpha particle activity does not exceed 5 picocuries per liter (pCi/l), a gross alpha particle activity measurement may be substituted for the required radium-226 measurement. If the measured gross alpha particle activity does not exceed 15 picocuries per liter (pCi/l), a gross alpha particle activity measurement may be substituted for the required uranium measurement. If a supplier of water uses a gross alpha particle activity measurement instead of a radium-226 measurement, uranium measurement, or both, the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226, uranium, or both. If the gross alpha particle activity result is less than detection, 1/2 the detection limit shall be used to determine compliance and the future monitoring frequency. Analyses conducted to determine compliance with this regulation shall be made in accordance with those methods specified in 40 CFR §141.25 (1989), which is incorporated by reference. Detection Limit. For the purpose of monitoring radioactivity concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration which can be measured with an accuracy of plus or minus 100 percent at the 95 percent confidence level (1.96 sigma where sigma is the standard deviation of the net counting rate of the sample). To determine compliance with Regulation .09A(1) of this chapter, the detection limit may not exceed 1 pCi/liter. To determine compliance with Regulation .09A(2) of this chapter, the detection limit may not exceed 3 pCi/liter. To determine compliance with Regulation .09B, the detection limit may not exceed the concentrations listed in Table A of this regulation. To judge compliance of a public water system with the maximum This regulation applies to a community water system (CWS). A CWS, both surface and ground water, designated by the Approving Authority as vulnerable shall sample for beta particle and photon radioactivity. Monitoring. Suppliers of water shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, after this called a sampling point, beginning within the next calendar quarter after being notified by the Approving Authority. Suppliers of water at systems already designated as vulnerable by the Approving Authority shall continue to sample until the Approving Authority reviews and either reaffirms or removes the designation. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 50 picocuries per liter (pCi/l) (screening level), the Approving Authority may reduce the frequency of monitoring at that sampling point to once every 3 years. CWS in the Vicinity of a Nuclear Facility. The Approving Authority may allow the supplier of water to utilize environmental surveillance data collected by the nuclear facility instead of monitoring data collected at the system's entry points if the Approving Authority determines that the data is applicable to a particular water system. If there is a release from a nuclear facility, a supplier of water at a CWS that uses surveillance data shall begin monitoring at the system's entry points in accordance with §B(1) and (2) of this regulation. Suppliers of water designated by the Approving Authority as utilizing waters contaminated by effluents from nuclear facilities shall monitor as specified in 40 CFR §141.26(b)(2). Suppliers of water designated by the Approving Authority to monitor for beta particle and photon radioactivity may not apply for a waiver from the monitoring frequencies that are specified in §A or C of this regulation. Analysis for gross beta particle activity shall be conducted in accordance with 40 CFR §141.26(b)(4) and (5). Sampling When Sampling Points Exceed the Maximum Contaminant Level. Suppliers of water shall monitor monthly at the sampling points that exceed the maximum contaminant level in 40 CFR §141.66(d)(2) beginning the month after the exceedance occurs. Suppliers of water shall continue monthly monitoring until the CWS has established, by a rolling average of three monthly samples, that the MCL is being met. Water suppliers who establish that the MCL is being met shall return to quarterly monitoring as set forth in §B, C, or D of this regulation as determined by the Approving Authority. This regulation applies to a community water system (CWS). The Approving Authority may require more frequent monitoring than specified in Regulations .13 and .13-1 of this chapter, or may require confirmation samples at its discretion. The results of the initial and confirmation samples shall be averaged for use in compliance determinations. Suppliers of water shall monitor at the time designated by the Approving Authority during each compliance period. Compliance with Regulation .09 of this chapter shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL. For a CWS monitoring more than once per year: Compliance with the MCL is determined by a running annual average at each sampling point; If the average of any sampling point is greater than the MCL, the system is out of compliance with the MCL; and If any sample result causes the running average to exceed the MCL at any sample point, the system is out of compliance with the MCL immediately. Suppliers of water shall include all samples taken and analyzed under the provisions of Regulations .13, .13-1, and .13-2 of this chapter in determining compliance, even if that number is greater than the minimum required. If a supplier of water does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance shall be based on the running average of the samples collected. If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used instead of radium-226, uranium, or both. If gross alpha particle activity is being used instead of radium-226, uranium, or both and if the gross alpha particle activity result is less than detection, 1/2 the detection limit shall be used to calculate the annual average. The Approving Authority may delete results of obvious sampling or analytical errors. If the MCL for radioactivity set forth in Regulation .09 of this chapter is exceeded, the operator of a CWS shall give notice to the Approving Authority as required by Regulation .19 of this chapter and to the public as required by Regulation .20 of this chapter. Suppliers of water may be eligible for variances or exemptions from the maximum contaminant levels for radionuclides based on criteria outlined in 40 CFR §142.65. Monitoring for the purpose of determining compliance with Regulation .06 of this chapter shall be conducted by the supplier of water to a community water system, nontransient noncommunity water system, and transient noncommunity water system in accordance with the requirements of 40 CFR §141.23(a)(1)—(3). Routine Monitoring Frequency. A supplier of water to a community surface or combined surface and ground water system and a supplier of water to a nontransient noncommunity surface or combined surface and ground water system shall: Monitor each entry point annually for the contaminants listed in Regulation .06A(1), (2), (4)—(11), (14), and (15) of this chapter; Monitor each entry point quarterly for nitrates, although a supplier may reduce the frequency to annual monitoring for nitrates if the results from four consecutive quarters, collected after January 1, 1993, are all less than 50 percent of the MCL; Collect the annual sample required by §B(1)(b) of this regulation during the quarter which previously yielded the highest analytical result; Return to quarterly monitoring for nitrates if any annual sample is greater than 50 percent of the MCL; Monitor each entry point once for nitrites; and Collect follow-up nitrite analysis in accordance with 40 CFR §141.23(e)(3)—(4), if the first was equal to or greater than 50 percent of the nitrite MCL. A supplier of water to a community and nontransient noncommunity ground water system shall: Monitor each entry point once every 3 years for the contaminants listed in Regulation .06A(1), (2), (4)—(11), (14) and (15) of this chapter; Monitor each entry point annually for nitrates; Increase nitrate monitoring frequency to quarterly for at least 1 year following any sample which is 50 percent or greater than the MCL, although a supplier of water may return to annual nitrate sampling if the Approving Authority determines that the results are reliably and consistently less than the MCL for at least 4 consecutive quarters; Collect the annual sample required by §B(2)(c) of this regulation during the quarter which previously yielded the highest analytical result; Monitor each entry point once for nitrites before December 31, 1995; and Collect follow up nitrite analysis in accordance with 40 CFR §141.23(e)(3)—(4) if the first test was equal to or greater than 50 percent of the MCL. Notwithstanding §B(1) and (2) of this regulation, a supplier of water to a nontransient noncommunity water system is not required to monitor for fluoride. A supplier of water to a transient noncommunity water system shall monitor: Annually for nitrates; and Once for nitrites and, if the nitrite result is equal to or greater than 50 percent of the MCL, the supplier of water shall conduct repeat testing in accordance with 40 CFR §141.23(e)(3)—(4). Asbestos. In this subsection, “corrosive finished water” includes but is not limited to water provided by a water supplier who fails to meet the treatment technique requirements of 40 CFR §§141.81 or 141.82. A supplier of water to a community or nontransient noncommunity water system is vulnerable to asbestos contamination and shall conduct an analysis for asbestos if the: Supplier's well is constructed in asbestos-bearing rock; Supplier's surface source is subject to asbestos contamination; or Supplier has asbestos concrete pipe in its distribution system and has corrosive finished water. The frequency and location of monitoring for asbestos by systems vulnerable to asbestos shall be in accordance with the requirements of 40 CFR §141.23(b)(1) and (5)—(10), which is incorporated by reference. If the Approving Authority determines that a system is not vulnerable to asbestos contamination, the supplier of water may receive a waiver from all testing for asbestos. Cyanide. The Approving Authority may grant a waiver to a supplier of water to a community or nontransient noncommunity water system from all testing for cyanide if the Approving Authority determines that the system is not vulnerable to cyanide contamination due to lack of any industrial sources of cyanide that could contribute cyanide to the water system. The Approving Authority may designate a time during each compliance period that a supplier of water to a public water system shall monitor, and this supplier of water shall monitor during the time designated. Suppliers of water at all systems that begin operation after January 22, 2004 or at systems that begin use of a new source of water after January 22, 2004 shall: Demonstrate compliance with the MCLs for contaminants listed in Regulation .06A of this chapter within a period of time specified by the Approving Authority; Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCLs; and Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation. The monitoring frequencies under §§B and F of this regulation are minimum requirements and may be increased at the discretion of the Approving Authority. A supplier of water to a public water system may reduce the number of samples to be analyzed by the use of compositing. Compositing shall be performed according to the requirements of 40 CFR §141.23(a)(4). Waivers. The Approving Authority may grant a waiver from the requirements of §B(1)(a) and (2)(a) of this regulation to a supplier of water. A waiver of §B(1)(a) and (2)(a) of this regulation may not exceed 9 years, and at least one sample is required to be collected during the term of the waiver. The Approving Authority shall follow the requirements of 40 CFR §141.23(b)(4) and (c)(4)—(6), when evaluating and issuing a waiver. Repeat Monitoring When Results Exceed MCLs. A supplier of water shall: Collect and analyze a second sample from each sampling point at which a routine sample exceeded a maximum contaminant level for the contaminants listed in Regulation .06A(1) and (3)—(16) of this chapter; and Comply with the requirements of 40 CFR §141.23(m) and (n), which is incorporated by reference, when a routine sample exceeds the maximum contaminant level for arsenic. For all contaminants listed in Regulation .06A of this chapter except nitrates and nitrites, if the results of sampling indicate an exceedance of the MCL, the Approving Authority may require that one additional sample be collected as soon as possible after the initial sample was taken, but not to exceed 2 weeks, at the same sampling point. A supplier of water shall collect and analyze a second sample for nitrates, nitrites, or total nitrates plus nitrites within 24 hours of being notified that a routine sample exceeded an MCL for nitrates, nitrites, or total nitrates plus nitrites. A supplier of water shall monitor on a quarterly frequency from each sampling point that has been determined to exceed a maximum contaminant level for the contaminants listed in Regulation .06A(1)—(11), (14), and (15) of this chapter, as determined by §G of this regulation. The Approving Authority may decrease the quarterly monitoring testing required in §F(4) of this regulation in accordance with the requirements of 40 CFR §141.23(c)(8). Compliance Determination and Notification. The average of the results from routine and confirmation samples shall be used to determine compliance. Compliance with maximum contaminant levels shall be determined in accordance with 40 CFR §141.23(f)(3) and(i). The Approving Authority may delete results from obvious sampling errors. A supplier of water that does not collect the repeat sample within the time frame required by §F(3) of this regulation shall: Immediately notify the Approving Authority and also notify the consumers served by the system in accordance with Regulation .20 of this chapter; Take and analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample; and For nitrate or nitrite sampling, comply with Tier 1 public notice requirements set forth in Regulation .20(J) of this chapter, and immediately notify individuals served by the public water system. A supplier of water that has exceeded a maximum contaminant level in Regulation .06A of this chapter, as determined by §G(1) of this regulation, shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter. Arsenic sampling results shall be reported to the nearest 0.001 milligrams per liter (mg/l). Monitoring and analysis conducted to determine compliance with Regulation .06A of this chapter shall be made in accordance with approved methods and procedures cited in 40 CFR §141.23(k). Suppliers of water may be eligible for variances or exemptions from the maximum contaminant levels for inorganic chemicals based on criteria outlined in 40 CFR §142.62. Definition. For the purpose of this regulation, "0.0005 milligram/liter" means the detection level for any contaminant in Regulation .07D of this chapter. Initial Monitoring. Beginning with the initial compliance period, analysis of substances for the purpose of determining compliance with Regulation .07D of this chapter shall be conducted by the supplier of water to a community water system or nontransient noncommunity water system in accordance with the requirements of 40 CFR §141.24(f)(1)—(3), which is incorporated by reference. Four consecutive quarterly samples are required within the initial compliance period for all contaminants in Regulation .07D of this chapter. Monitoring data collected after January 1, 1988, required under §1445 of the Safe Drinking Water Act (Public Law 93-523), is allowed for purposes of initial monitoring compliance. If the data are generally consistent with the requirements of 40 CFR §141.24, this data, that is, a single sample rather than four quarterly samples, may be used to satisfy the initial monitoring requirement of §B(1) of this regulation. A supplier of water to a community or nontransient noncommunity water system that collected and tested the sample or samples for all contaminants listed in Regulation .07D of this chapter after January 1, 1988, and before December 31, 1992 , and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation and shall collect and test annually until December 31, 1995. A supplier of water to a community or nontransient noncommunity water system serving fewer than 3,300 people that collected samples between October 6, 1992 and September 30, 1993, and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation for each contaminant so analyzed and not detected. A supplier of water to a community or nontransient noncommunity water system whose testing to meet the initial monitoring requirements did not detect any contaminant listed in Regulation .07D of this chapter shall collect annual samples following the completion of initial monitoring. Reduced Monitoring—Ground Water Systems. After a minimum of 3 years of annual sampling, a supplier of water to a community or nontransient noncommunity ground water system with no previous detection of any contaminant listed in Regulation .07D of this chapter may take one sample during each compliance period. Waiver—Ground Water Systems. The Approving Authority may issue a waiver from the requirements of §§C and D of this regulation to a supplier of water to a community and nontransient noncommunity ground water system, if the contaminants listed in Regulation .07D of this chapter were not detected after completing the initial monitoring. The Approving Authority may grant a waiver after evaluating the factors specified in 40 CFR §141.24(f)(8), which is incorporated by reference. The period of the waiver may not exceed 6 years and may be renewed by the Approving Authority. As a condition of a waiver, the supplier of water to a community or nontransient noncommunity ground water system shall: Take one sample at each entry point during the waiver period; and Update its vulnerability assessment in accordance with the factors listed in 40 CFR §141.24(f)(8). If the Approving Authority does not reconfirm that the system is nonvulnerable to VOC contamination within 3 years of its previous determination, the supplier shall return to annual sampling. Waiver—Surface Water Systems. The Approving Authority may issue a waiver from the requirements of §C of this regulation to the supplier of water to a community and nontransient noncommunity surface water system which does not detect a contaminant listed in Regulation .07D of this chapter after completing the initial monitoring. The Approving Authority may grant a waiver after evaluating the factors of 40 CFR §141.24(f)(8) and in accordance with the requirements of 40 CFR §141.24(f)(10), which is incorporated by reference. Confirmation Samples. The Approving Authority may require a confirmation sample for a positive or negative result. If required by the Approving Authority, the result shall be averaged with the first sampling result and the average used for the compliance determination specified in 40 CFR §141.24(f)(15), which is incorporated by reference. The Approving Authority may delete the results of obvious sampling errors from this calculation. Repeat Sampling Following Detections. If a contaminant listed in Regulation .07D(2)—(21) of this chapter is detected at a level exceeding 0.0005 milligram/liter in any sample, the supplier of water to a community and nontransient noncommunity water system shall monitor quarterly at each sampling point which resulted in a detection. The Approving Authority may decrease the quarterly monitoring requirement pursuant to the requirements of 40 CFR §141.24(f)(11)(ii)—(v), which is incorporated by reference. A supplier of water shall monitor for vinyl chloride in accordance with 40 CFR §141.24(f)(11)(v), which is incorporated by reference. Repeat Sampling Following Levels Above MCLs. A supplier of water to a community and nontransient noncommunity surface water system which violates the requirements of Regulation .07D of this chapter, as determined by 40 CFR §141.24(f)(15), shall monitor quarterly in accordance with the requirements of 40 CFR §141.24(f)(12), which is incorporated by reference. The supplier may monitor annually at the times specified in 40 CFR §141.24(f)(11)(iii) if the Approving Authority determines that the system is reliably and consistently below the maximum contaminant level in accordance with 40 CFR §141.24(f)(12). Compliance Determination and Notification. Compliance with Regulation .07D of this chapter shall be determined pursuant to the requirements of 40 CFR §141.24(f)(15). When a supplier of water has violated Regulation .07D of this chapter, as determined by §J(1) of this regulation, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter. A supplier of water may reduce the total number of samples to be analyzed by the use of compositing. Compositing shall be performed according to the requirements of 40 CFR §141.24(f)(14). Analysis for the contaminants listed in Regulation .07D of this chapter shall be conducted pursuant to 40 CFR §141.24(f)(16) and (17). The monitoring frequencies under Regulation .15 of this chapter are minimum requirements and the Approving Authority may increase monitoring frequencies in situations where it determines more frequent monitoring is needed. Each approved laboratory shall determine the method detection limit (MDL) as defined in 40 CFR 136, Appendix B, which is incorporated by reference, at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 milligram/liter. This concentration is the detection concentration for purposes of this regulation. A supplier of water to a public water system shall monitor at the time designated by the Approving Authority within each compliance period. Suppliers of water at all systems that begin operation after January 22, 2004 and at all systems that begin use of a new source of water after January 22, 2004 shall: Demonstrate compliance with the MCLs within a period of time specified by the Approving Authority; Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCL; and Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation. Suppliers of water may be eligible for variances or exemptions from the maximum contaminant levels for organic chemicals based on criteria outlined in 40 CFR §142.62. Monitoring for the purpose of determining compliance with Regulation .07E of this chapter shall be conducted by the supplier of water to a community or nontransient noncommunity water system in accordance with the requirements of 40 CFR §141.24(h)(1)—(3), which is incorporated by reference. Monitoring Frequency. Initial Monitoring. A supplier of water to a community or nontransient noncommunity water system shall collect and analyze four consecutive quarterly samples for each contaminant listed in Regulation .07E of this chapter during each compliance period. A supplier of water may use data collected after January 1, 1990, if the data are generally consistent with the requirements of 40 CFR §141.24(h), to satisfy the monitoring requirements of the initial compliance period. A single sample may be used to satisfy the requirement for four quarterly samples. A supplier of water to a community or nontransient noncommunity water system serving fewer than 3,300 people that collected samples between October 6, 1992 and September 30, 1993, and did not detect any contaminant listed in Regulation .07E of this chapter shall be considered to have met the initial monitoring requirements of §B(1) of this regulation for each contaminant so analyzed and not detected. A supplier of water to a community or nontransient noncommunity water system serving more than 3,300 persons may reduce the frequency of sampling to two quarterly samples in 1 year during each repeat compliance period, if there is no detection of a contaminant listed in Regulation .07E of this chapter in the initial monitoring period. A supplier of water to a community or nontransient noncommunity water system serving less than or equal to 3,300 persons may reduce the frequency of sampling to one sample during each repeat compliance period, if there is no detection of a contaminant listed in Regulation .07E of this chapter in the initial monitoring period. Waivers. The Approving Authority may grant a waiver from the requirements of §B of this regulation to any supplier of water. The Approving Authority may grant a waiver after evaluating the factors specified in 40 CFR §141.24(h)(6), which is incorporated by reference. For each compliance period, the Approving Authority shall reanalyze the conditions in accordance with the requirements of 40 CFR §141.24(h)(6) and, based upon this analysis, may terminate a waiver, in which case the supplier of water shall comply with §B of this regulation. Confirmation Samples. The Approving Authority may require a confirmation sample for positive or negative results. If required by the Approving Authority, the result shall be averaged with the first sampling result and the average used for the compliance determination specified in 40 CFR §141.24(h)(11), which is incorporated by reference. The Approving Authority may delete the results of obvious sampling errors from this calculation. Repeat Sampling Following Detections. If an organic contaminant listed in Regulation .07E of this chapter is detected, as defined in 40 CFR §141.24(h)(18), which is incorporated by reference, in any sample, the supplier shall monitor quarterly for that contaminant at each sampling point which resulted in the detection. The Approving Authority may reduce the monitoring requirements of §E(1) of this regulation to annual testing pursuant to the requirements of 40 CFR §141.24(h)(7)(ii) and (iii), which is incorporated by reference. A supplier of water which is permitted to monitor annually by the Approving Authority shall monitor during the quarter that previously yielded the highest analytical result. A supplier of water which has three consecutive annual samples with no detection of a contaminant is eligible for a waiver under §C of this regulation. If monitoring results in the detection of either aldicarb, aldicarb sulfone, or aldicarb sulfoxide, then the supplier shall collect and analyze repeat samples for aldicarb, aldicarb sulfone, and aldicarb sulfoxide. If monitoring results in the detection of either heptachlor or heptachlor epoxide, then the supplier shall collect and analyze repeat samples for heptachlor and heptachlor epoxide. Repeat Sampling When Over MCLs. A supplier or water to a community or nontransient noncommunity water system which exceeds the maximum contaminant levels of Regulation .07E of this chapter, as determined by 40 CFR §141.24(h)(11), shall monitor pursuant to the requirements of 40 CFR §141.24(h)(8), which is incorporated by reference. A minimum of four quarterly samples is required. When the Approving Authority determines that a water system is reliably and consistently below the MCL, as determined by §G(1) of this regulation, following at least four quarterly samples showing that the system is in compliance, the supplier of water may reduce its monitoring to annual sampling with the approval of the Approving Authority. Compliance Determination and Notification. Compliance with Regulation .07E of this chapter shall be determined by the Approving Authority pursuant to the requirements of 40 CFR §141.24(h)(11). When a supplier of water has violated Regulation .07E of this chapter, as determined by §G(1) of this regulation, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter. A supplier of water may reduce the total number of samples that shall be analyzed by the use of compositing. Compositing shall be performed according to the requirements of 40 CFR §141.24(h)(10), which is incorporated by reference. Analysis for the contaminants listed in regulation .07E of this chapter shall be conducted pursuant to 40 CFR §141.24(e), (h)(13) and (h)(19), which is incorporated by reference. The monitoring frequencies under this regulation are minimum requirements. The Approving Authority may increase the monitoring frequencies in situations when it determines more frequent monitoring is needed, in which case the supplier shall comply with these frequency determinations. A supplier of water to a public water system shall monitor at the time designated by the Approving Authority within each compliance period. Suppliers of water at all systems that begin operation after January 22, 2004 and at all systems that begin use of a new source of water after January 22, 2004 shall: Demonstrate compliance with the MCLs within a period of time specified by the Approving Authority; Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCL; and Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation. Suppliers of water may be eligible for variances or exemptions from the maximum contaminant levels for organic chemicals based on criteria outlined in 40 CFR §142.62. Applicability. Community and Nontransient Noncommunity Water System Stage 1 Disinfection Byproducts Rule (DBPR) Compliance Dates. Subpart H systems serving 10,000 or more individuals shall comply with Regulation .07F(1)—(4) of this chapter beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and ground water systems not under the influence of surface water shall comply with Regulation .07F(1)—(4) of this chapter beginning January 1, 2004. Transient Noncommunity Water System Stage 1 DBPR Compliance Dates. Subpart H systems serving 10,000 or more individuals and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL established in Regulation .23D of this chapter beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004. Stage 2 DBPR Compliance Dates. Systems shall comply with the requirements specified in §I of this regulation and 40 CFR §141.620 (Subpart V—Stage 2 Disinfection Byproduct). Monitoring Frequency. Systems shall take all samples during normal operating conditions. Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required. Disinfection Byproduct Precursor. In order to qualify for reduced monitoring for TTHM and HAA5, Subpart H systems not monitoring under the provisions of 40 CFR §141.132(d) shall take monthly total organic carbon (TOC) samples every 30 days at a location prior to any treatment, beginning April 1, 2008, or earlier if specified by the State. In addition to meeting other criteria for reduced monitoring in 40 CFR §141.132(b)(1), the source water TOC running annual average shall be less than or equal to 4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Subpart H Systems Serving 10,000 or More Individuals. Routine Monitoring. Systems shall collect and analyze at least four water samples per quarter per treatment plant during normal operating conditions. Reduced Monitoring. Systems shall collect and analyze one sample per quarter per treatment plant during normal operating conditions after completing 1 year of monitoring and if the following conditions are met: The TTHM annual average is less than or equal to 0.040 milligram per liter and HAA5 annual average is less than or equal to 0.03 milligram per liter; and The requirements of §B(3) of this regulation are satisfied. Subpart H System Serving 500 to 9,999 Individuals or Ground Water System, Not GWUDI, Serving 10,000 or More Individuals and Using a Chemical Disinfectant. Routine Monitoring. Systems shall collect and analyze at least one water sample per quarter per treatment plant during normal operating conditions. Reduced Monitoring. Systems shall collect and analyze one water sample per year per treatment plant during normal operating conditions after completing one year of monitoring if the following conditions are met: The TTHM annual average is less than or equal to 0.040 milligram per liter and HAA5 annual average is less than or equal to 0.030 milligram per liter; and The requirements of §B(3) of this regulation are satisfied. Subpart H System Serving Fewer Than 500 Individuals or Ground Water System Serving Fewer Than 10,000 Individuals and Using a Chemical Disinfectant. Routine Monitoring. Systems shall collect and analyze at least one water sample per year per treatment plant during the month of warmest water temperature and normal operating conditions. Reduced Monitoring. Subpart H Water Systems serving less than 500 individuals are not eligible for reduced monitoring. Groundwater systems on reduced monitoring shall collect and analyze one sample per 3-year monitoring cycle per treatment plant during normal operating conditions after completing 1 year of monitoring, if either of the following conditions is met: The TTHM annual average is less than or equal to 0.040 milligram per liter and HAA5 annual average is less than or equal to 0.030 milligram per liter for 2 consecutive years; or The TTHM annual average is less than or equal to 0.020 milligram per liter and HAA5 annual average is less than or equal to 0.015 milligram per liter for 1 year. Systems on a reduced monitoring schedule shall resume routine monitoring at the frequency identified in §B(4), (5), or (6) of this regulation in the quarter immediately following the occurrence if: The system exceeds 0.060 milligram per liter for TTHMs or 0.045 milligram per liter for HAA5; or The system uses only ground water not under the direct influence of surface water and serves fewer than 10,000 people and exceeds an annual average of 0.080 milligram per liter for TTHMs or an annual average of 0.060 milligram per liter for HAA5. Systems on an increased monitoring schedule may resume routine monitoring if the TTHM annual average is less than or equal to 0.060 milligram per liter and the HAA5 annual average is less than or equal to 0.045 milligram per liter. Location. If a system elects to sample more frequently than the minimum required, at least 25 percent of all samples shall be collected at distribution system locations representing maximum residence time. The remaining samples shall be taken at distribution system locations representative of at least average residence time in the distribution system and represent the entire distribution system, taking into account the number of individuals served, different sources of water, and different treatment methods. Each system shall monitor in accordance with a monitoring plan as set forth in 40 CFR §141.132(f). Compliance Date Extension for Treatment Installation. A system that is installing GAC or membrane technology to comply with this section may apply to the Approving Authority for an extension of up to 24 months past the dates in §K of this regulation, but not later than December 31, 2003. In granting the extension, the Approving Authority shall set a schedule for compliance and may specify any interim measures that the system shall take. Failure to meet the schedule or interim treatment requirements constitutes a violation of this regulation. Repeat Sampling If Over MCLs. A water system which exceeds the maximum contaminant levels of Regulation .07F(1)—(4) of this chapter as determined under 40 CFR §§141.133 and 141.64(b)(2)(i) shall increase monitoring to once per quarter per treatment plant during normal operating conditions. Subpart H systems serving 10,000 or more individuals shall increase monitoring to at least four water samples per quarter per treatment plant during normal operating conditions. A ground water system serving fewer than 10,000 individuals shall increase monitoring to at least one water sample per quarter during normal operating conditions if either the TTHM annual average is greater than or equal to 0.080 milligram per liter or the HAA5 annual average is greater than or equal to 0.060 milligram per liter. Compliance Determination and Notification. Quarterly analyses shall be averaged arithmetically and reported to the Approving Authority. Compliance with Regulation .07F(1)—(4) of this chapter shall be determined based on a running annual average of quarterly samples pursuant to the requirements of 40 CFR §§141.133 and 141.134. If a supplier of water has violated Regulation .07F of this chapter as determined by the average of sample results covering any 12-month period, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter. Analysis. Analyses made to determine compliance with Regulation .07F of this chapter shall be conducted by one of the EPA-approved methods as set forth in 40 CFR §141.131. Increased Monitoring. The Approving Authority may increase the monitoring frequencies if it determines more frequent monitoring is needed, and the supplier shall comply with these frequency determinations. Stage 2 Disinfectant Byproducts Requirements. Applicability. Community water systems and nontransient noncommunity water systems that use a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, and certain consecutive systems, shall comply with the monitoring and other requirements of 40 CFR §§141.600—141.629, Subparts U and V, to achieve compliance with MCLs based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) and with maximum residual disinfectant levels for chlorine and chloramine. Compliance Dates. Quarterly monitoring shall begin in the first calendar quarter that includes the compliance date specified in the table in §I(2)(b) of this regulation. If monitoring is at a frequency less than quarterly, sampling shall begin in the calendar month recommended in the Initial Distribution System Evaluation Report prepared under 40 CFR §§141.601—141.602 or the calendar month identified in the monitoring plan developed under 40 CFR §141.622, not later than 12 months after the compliance date specified in the following table: Monitoring and Compliance. Systems shall follow the monitoring requirements of 40 CFR §141.620(c)(6) and (7) and §141.64(b)(2), Subpart V. Systems required to monitor quarterly shall calculate LRAAs for TTHM and HAA5 using monitoring results required by this regulation. Compliance is achieved if each LRAA does not exceed the MCL. Systems that fail to complete four consecutive quarters of monitoring shall calculate compliance with the MCL based on the average of the available data from the most recent four quarters. Systems that take more than one sample per quarter at a monitoring location shall average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation. For systems required to monitor yearly or less frequently, compliance is achieved if each sample taken is less than the MCL. If any sample exceeds the MCL, systems shall comply with the requirements of 40 CFR §141.625. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location. Systems that fail to monitor are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating a LRAA. Routine Monitoring. Locations. Systems shall monitor at not fewer than the number of locations identified as follows: Monitoring Plan. Systems shall develop and implement a monitoring plan to be kept on file for State and public review. The monitoring plan shall contain the elements specified in 40 CFR §141.622, Subpart V, and be complete not later than the date the system conducts the initial monitoring required. 1All systems shall monitor during the month of highest disinfection byproduct concentrations. Reduced Monitoring. Systems may reduce monitoring to the level specified in the table in this paragraph pursuant to 40 CFR §141.623(a)—(d) when the following conditions are met: LRAA is less than or equal to 0.040 milligram per liter for TTHM and less than or equal to 0.030 milligram per liter for HAA5 at all monitoring locations, based on data collected pursuant to 40 CFR §141, Subpart V or L; and Source water annual average TOC level, before any treatment, is less than or equal to 4.0 milligrams per liter at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under §B(3) of this regulation and in compliance with 40 CFR §141.132(d). Table. Increased Monitoring. A supplier of water shall increase monitoring to include dual sample sets once per quarter at all locations if a TTHM sample is greater than 0.080 milligram per liter or an HAA5 sample is greater than 0.060 milligram per liter at any location. There shall be 90 days between the samples. The approved sample period is based on the month that includes the peak historical month for the water system. Sample periods may include: 1) January, April, July, October; 2) February, May, August, November; or 3) March, June, September, December. A supplier of water is in violation of the MCL when the LRAA exceeds the MCLs in 40 CFR §141.64(b)(2), Subpart V, calculated based on four consecutive quarters of monitoring (or the LRAA calculated based on fewer than four quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters). A supplier of water is in violation of the monitoring requirements for each quarter that a monitoring result would have been used in calculating an LRAA if the system failed to obtain the monitoring result. A supplier of water may return to routine monitoring if the supplier conducts increased monitoring for at least four consecutive quarters and if the LRAA for every monitoring location is less than or equal to 0.060 milligram per liter for TTHM and less than or equal to 0.045 milligram per liter for HAA5. Operational Evaluation Reports. A supplier of water shall provide Operational Evaluation Reports to the Approving Authority if operational evaluation levels are exceeded. A supplier of water shall calculate whether the operational evaluation level has been exceeded by using the standards established in 40 CFR §141.626(a). A supplier of water exceeds the operational evaluation level at any monitoring location where calculated values of TTHM and HAA5 exceed 0.080 and 0.060 milligram per liter as specified in 40 CFR §141.626(a). A supplier of water shall conduct an operational evaluation and submit a written report of the evaluation to the Approving Authority not later than 90 days after being notified of the analytical result that exceeds the operational evaluation level. A supplier of water shall conduct an operational evaluation in accordance with 40 CFR §141.626(b). The written report shall be made available to the public upon request. 1Systems on quarterly monitoring shall take dual sample sets every 90 days. Reporting Requirements. A supplier of water shall report the following information for each monitoring location to the Approving Authority within 10 days of the end of any quarter in which monitoring is required: Number of samples taken during the last quarter. Date and results of each sample taken during the last quarter. Arithmetic average of quarterly results for the last four quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated is based on fewer than four quarters of data and it would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters, systems shall report this information to the Approving Authority as part of the first report due following the compliance date or anytime thereafter that this determination is made. If systems are required to conduct monitoring at a frequency that is less than quarterly, they shall make compliance calculations beginning with the first compliance sample taken after the compliance date, unless they are required to conduct increased monitoring under 40 CFR §141.625. Whether the MCL was violated at any monitoring location. Any operational evaluation levels that were exceeded during the quarter and, if so, the location, date, and calculated TTHM and HAA5 levels. Subpart H systems seeking to qualify for reduced monitoring or to remain on reduced TTHM/HAA5 monitoring shall report the following source water TOC information for each treatment plant that treats surface water or ground water under the direct influence of surface water to the Approving Authority within 10 days of the end of any quarter in which monitoring is required: Number of source water TOC samples taken each month during last quarter; Date and result of each sample taken during last quarter; Quarterly average of monthly samples taken during last quarter or the result of the quarterly sample; Running annual average (RAA) of quarterly averages from the past four quarters; and Whether the source water TOC RAA exceeded 4.0 milligrams per liter. The Approving Authority may choose to perform calculations and determine whether the MCL was exceeded or if the system is eligible for reduced monitoring in lieu of having the system report that information. Recordkeeping Requirements. Systems shall retain any monitoring plans and monitoring results pursuant to 40 CFR §141.33. 1The Approving Authority may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if systems require capital improvements to comply with an MCL. Requirements for Consecutive Systems. Consecutive systems that do not add a disinfectant but deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, shall comply with the analytical and monitoring requirements for chlorine and chloramines set forth in 40 CFR §§141.131—141.133 and shall report monitoring results pursuant to 40 CFR §141.134(c). Special monitoring for chemicals shall be conducted pursuant to 40 CFR §141.40. Suppliers of water to community and nontransient noncommunity water systems shall monitor for contaminants in accordance with 40 CFR §141.40. The requirements of this regulation apply only to the contaminants referred to in Regulation .15-3 of this chapter. The owner or operator of a community water system or nontransient noncommunity water system who is required to monitor under Regulation .15-3 of this chapter shall send a copy of the results of the monitoring within 30 days of receipt and any public notice under §C of this regulation to the Approving Authority. The owner or operator shall notify persons served by the system of the availability of the results of sampling conducted under Regulation .15-3 of this chapter by including this notice in the first set of water bills issued by the system after the receipt of the results, or by providing a written notice to the persons served by the system within 3 months after receipt of the results. The notice shall identify an individual and supply the telephone number to contact that individual for information on the monitoring results. Applicability. CWS and NTNCWS Subpart H systems serving 10,000 or more individuals shall comply with this regulation beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and systems using only ground water not under the direct influence of surface water shall comply with this regulation beginning January 1, 2004. Monitoring Frequency and Location. Community and nontransient noncommunity water systems that use chlorine or chloramines shall measure the residual disinfectant level at the same points in the distribution system and at the same time that total coliforms are sampled, as specified in Regulation .11 of this chapter. Subpart H systems may use the results of residual disinfectant concentration sampling conducted under 40 CFR §141.74(b)(6)(i) for unfiltered systems or 40 CFR §141.74(c)(3)(i) for systems which filter instead of taking separate samples. Additional Monitoring. On each day following a routine sample monitoring result that exceeds the MRDL, the system shall take three samples as close to the first customer as possible, at intervals of at least 6 hours. If a system uses chlorine to maintain a disinfectant residual in the distribution system, and there are one or more disinfectant addition points after the entrance to the distribution system, such as booster chlorination, the system shall take one sample at each of the following locations: As close to the first customer as possible in a location representative of average residence time; and As close to the end of the distribution system as possible to reflect maximum residence time in the distribution system. Location. Each system shall monitor in accordance with a monitoring plan as set forth in 40 CFR §141.132(f). Compliance Determination and Notification. All monthly analyses shall be averaged arithmetically and reported to the Approving Authority. Compliance with Regulation .23D of this chapter shall be determined based on a running annual average computed quarterly of monthly averages of all samples under the requirements of 40 CFR §§141.133 and 141.134. If a supplier of water has violated Regulation .23D of this chapter as determined by the quarterly averages of sample results covering any 4 consecutive quarters, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter. In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance shall be calculated and determined by including together all monitoring results of both chlorine and chloramines. Reports submitted to the Approving Authority shall clearly indicate which residual was analyzed for each sample. With the written permission of the Approving Authority, a supplier of water may employ alternative analytical techniques. An alternative technique is acceptable only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any maximum contaminant level. The use of the alternative analytical technique may not decrease the frequency of monitoring required by Regulations .11—.15-3 of this chapter. For the purpose of determining compliance with this chapter, samples may be considered only if they have been analyzed by a laboratory approved by the Approving Authority, except that measurements for alkalinity, calcium, conductivity, orthophosphate, silica, turbidity, temperature, pH, and disinfectant residual may be performed by any person acceptable to the Approving Authority. The Approving Authority may consider reciprocity of approval with other states when the Environmental Protection Agency has certified laboratories acceptable to the Approving Authority, or when those states certify laboratories according to established Environmental Protection Agency criteria. These labs shall apply to the Approving Authority for certification. When a supplier of water provides water to one or more other public water systems, the Approving Authority may modify the monitoring requirements imposed by Regulations .11—.15-3 of this chapter, to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the Approving Authority. When the supplier of water uses the services of a laboratory certified by the Approving Authority, the supplier of water shall report within 10 days following a sample analysis, analytical data required by this chapter to the Water Management Administration. Report forms shall be supplied by the Water Management Administration. Except when specified in §D of this regulation, the supplier of water shall report to the Approving Authority: Within 48 hours the failure to comply with this chapter, including failure to comply with all monitoring and testing schedules that are required by the Approving Authority; and Within 24 hours, information related to Tier 1 violations or situations, or Tier 2 turbidity violations. The supplier of water is not required to report analytical results to the Approving Authority in cases where a laboratory certified by the Approving Authority performs the analysis and reports the results to the Approving Authority. Reporting Requirements for Total Coliform, Fecal Coliform, and E.coli. A supplier of water which has exceeded the maximum contamination level for total coliform under Regulation .10 of this chapter shall report the violation to the Approving Authority before the end of the next business day after the supplier of water was notified of the violation until March 31, 2016. When fecal coliform or E. coli are detected, or when a supplier of water assumes a total coliform-positive sample is positive for fecal coliform or E. coli, the supplier of water shall notify the Approving Authority by the end of the business day on which the supplier of water was notified of the results. If the supplier of water was notified of the fecal or E. coli result after the end of the business day, the supplier of water shall notify the Approving Authority by the end of the next business day until March 31, 2016. A supplier of water which has failed to comply with a coliform monitoring or sanitary survey requirement shall report the violation to the Approving Authority within 10 days after the supplier of water discovers the violation. Reporting for E. coli After April 1, 2016. A supplier shall notify the Approving Authority by the end of the day when the supplier learns of an E. coli MCL violation, unless the supplier learns of the violation after the Approving Authority office is closed and the Approving Authority does not have either an after-hours phone line or an alternative notification procedure, in which case the supplier shall notify the Approving Authority before the end of the next business day, and notify the public in accordance with subpart Q of 40 CFR §141. A supplier shall notify the Approving Authority by the end of the day when the supplier is notified of an E. coli- positive routine sample, unless the supplier is notified of the result after the Approving Authority office is closed and the Approving Authority does not have either an after-hours phone line or an alternative notification procedure, in which case the supplier shall notify the Approving Authority before the end of the next business day. A supplier that has violated the treatment technique for coliforms in Regulation .11-4I of this chapter shall report the violation to the Approving Authority no later than the end of the next business day after it learns of the violation, and notify the public in accordance with subpart Q of 40 CFR §141. A supplier required to conduct an assessment under the provisions of Regulation .11-4I of this chapter shall submit the assessment report within 30 days. The supplier shall notify the Approving Authority in accordance with Regulation .11-4I of this chapter when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form. A supplier that has failed to comply with a coliform monitoring requirement shall report the monitoring violation to the Approving Authority within 10 days after the supplier discovers the violation, and notify the public in accordance with subpart Q of 40 CFR §141. A seasonal system shall certify, prior to serving water to the public, that it has complied with the Approving Authority-approved start-up procedure. In addition to the requirements of 40 CFR §141.31, a ground water supplier regulated under 40 CFR §141 Subpart S shall provide the following information to the Approving Authority: A ground water supplier conducting compliance monitoring under Regulation .11D of this chapter shall notify the Approving Authority any time the system fails to meet any requirements specified by the Approving Authority including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within four hours. The ground water supplier shall notify the Approving Authority as soon as possible, but in no case later than the end of the next business day. After completing any corrective action under Regulation .05-5C of this chapter, a ground water supplier shall notify the Approving Authority within 30 days of completion of the corrective action. If a ground water supplier subject to the requirements of Regulation .11-2D of this chapter does not conduct source water monitoring under Regulation .11-2D(5)(b) of this chapter, the supplier shall provide documentation to the Approving Authority within 30 days of the total coliform positive sample that the sample is not representative of the water in the distribution system and that the sample is subject to invalidation by the Approving Authority. Unless stated otherwise by the Approving Authority, the supplier of water shall perform all monitoring, reporting, and public notification responsibilities under this regulation. The supplier of water, within 10 days of each public notification required under 40 CFR Part 141, Subpart Q, shall: Submit to the Approving Authority a representative copy of the initial public notice and any repeat notices; and Submit a certification that the public information requirements have been met and include a representative copy of each type of notice distributed, published, posted, and made available to individuals served by the water system and the media. Reporting Requirements for Lead and Copper. Suppliers of water that monitor for lead shall comply with the reporting requirements set forth in 40 CFR §141.90, including the following: Source water monitoring reporting requirements pursuant to 40 CFR §141.88; Corrosion control treatment reporting requirements pursuant to 40 CFR §§141.81—141.82, Source water treatment reporting requirements pursuant to 40 CFR §141.83; Public education program reporting requirements pursuant to 40 CFR §141.85; and Reporting of additional monitoring data associated with 40 CFR §§141.86, 141.87 and 141.88; and Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring required by 40 CFR §§141.81, 141.86 and 141.87. Water suppliers shall report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with 40 CFR §141.80(c)(3)), except if the Approving Authority provides those calculations in accordance with 40 CFR §141.90(h), and the system has provided the information required by 40 CFR §141.90(h)(2) by the date set forth in 40 CFR §141.90(h)(1). Prior to the addition of a new source or any long-term change in water treatment, water suppliers deemed to have optimized corrosion control under 40 CFR §141.81(b)(3), water suppliers subject to reduced monitoring pursuant to 40 CFR §141.86(d)(4), or water suppliers subject to a monitoring waiver pursuant to 40 CFR §141.86(g), shall submit documentation describing the change(s) proposed in accordance with 40 CFR §141.90(a) for review and approval by the Approving Authority. If a system exceeds the lead action level, the water supplier shall submit written documentation of material evaluation that identifies the initial number of lead service lines in the distribution system at the time the action level is exceeded. This documentation shall be provided to the Approving Authority within 12 months after the end of the monitoring period in which the exceedance occurred. General Public Notification Requirements. Each supplier of water shall give notice for all violations of national primary drinking water regulations (NPDWR) and for the situations identified in Table 1 of 40 CFR §§141.201 and 141.211, Subpart Q. The type of public notification required is determined by the tier to which it is assigned, as follows: Tier 1 public notice is required for violations of the NPDWR and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure; Tier 2 public notice is required for all other NPDWR violations and situations with potential to have serious adverse effects on human health; and Tier 3 public notice is required for all other NPDWR violations and situations not included in Tier 1 and Tier 2. Each supplier of water must provide public notice as described in 40 CFR Part 141, Subpart Q, to persons served by the water system. A supplier of water that sells or otherwise provides drinking water to other public water systems is required to give public notice to the owner or operator of the consecutive system. The consecutive system shall provide notice to the individuals it serves. If a supplier of water has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Approving Authority may allow the supplier to limit the distribution of the public notice to individuals served by the portion of the system that is out of compliance. If the Approving Authority grants permission for limiting distribution, it shall issue the permission in writing. A copy of the notice shall be filed with the Approving Authority as specified in Regulation .19F of this chapter. Tier 1 Public Notices. The violation categories requiring Tier 1 notices are specified in 40 CFR §141.202 and include: Violation of the MCL for fecal coliform or E. coli, or failure to test for fecal coliform or E. coli if a repeat sample tests positive for total coliform; Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, or failure to take a confirmation sample within 24 hours of a nitrate or nitrite exceedance; Exceedance of the nitrate MCL by noncommunity water systems where permitted to exceed the MCL by the Approving Authority under 40 CFR §141.11(d); Violation of the MRDL for chlorine dioxide, exceedance of the MRDL in the distribution system following an exceedance of the MRDL at the entrance of the distribution system, or failure to take the required samples in the distribution system as specified in 40 CFR §141.133(c)(2)(i); Violation of the turbidity MCL based on exceeding an average of 5 NTU for 2 consecutive days as determined after consultation with the Approving Authority, or if consultation does not take place within 24 hours after the system learns of the violation; Violation of the treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity requirement where the Approving Authority determines after consultation that a Tier 1 notice is required or when consultation does not take place within 24 hours after the system learns of the violation; Occurrence of a water-borne disease outbreak or other water-borne emergency such as: Failure of key treatment processes; Natural disaster that disrupts the water system; or A chemical spill that increases the potential for drinking water contamination; Detection of E. coli, enterococci, or coliphage in source water samples for ground water systems under Regulation .11-2D or E of this chapter; Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the Approving Authority. Manner of Tier 1 Notice. A supplier of water shall: Provide a Tier 1 public notice as soon as practical but not later than 24 hours after learning of the violation; Contact the Approving Authority as soon as practical but not later than 24 hours after learning of the violation to determine additional public notice requirements; Comply with any additional Tier 1 public notification requirements that are established as a result of consultation with the Approving Authority, which may include the timing, form, manner, frequency, and content of repeat notices or other actions designed to reach all individuals served; and Use one or more of the following forms of delivery: Appropriate broadcast media, such as radio and television; Posting of the notice in conspicuous locations throughout the area served; Hand delivery of the notice to persons served; or Another delivery method approved in writing by the Approving Authority. Noncommunity ground water systems. In addition to the applicable public notification requirements of 40 CFR §141.202, a non-community ground water supplier that receives notice from the Approving Authority of a significant deficiency shall inform the public served by the water supplier, in a manner approved by the Approving Authority, of any significant deficiency that has not been corrected within 12 months of being notified by the Approving Authority, or earlier, if directed by the Approving Authority. The supplier shall continue to inform the public annually until the significant deficiency is corrected. The information must include: The nature of the significant deficiency and the date the significant deficiency was identified by the Approving Authority; The plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed, as approved by the Approving Authority; and For systems with a large proportion of non-English speaking consumers, as determined by the Approving Authority, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the supplier to obtain a translated copy of the notice or assistance in the appropriate language. If directed by the Approving Authority, a noncommunity water supplier with significant deficiencies that have been corrected shall inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction. Tier 2 Public Notice. The violation categories requiring Tier 2 notices are specified in Table 1 of 40 CFR §§141.203 and 141.211, and include: All violations of the MCL, MRDL, and treatment technique requirements except if Tier 1 notice is required; Violations of the monitoring and testing procedure requirements if the Approving Authority determines that a Tier 2 public notice is required based on potential health impacts and persistence of the violation; and Failure to comply with the terms and conditions of any variance or exemption in place; Repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level; Failure to take corrective action or failure to maintain at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority before or at the first customer under Regulation .05-5C of this chapter; and Treatment technique violations specified in Regulation .05-5D(1)-(3) of this chapter for ground water suppliers subject to that regulation. Manner of Tier 2 Notice. A supplier of water shall: Provide a Tier 2 public notice as soon as practical but not later than 30 days after learning of the violation, subject to the following: If the notice is posted, the notice shall remain in place for as long as the violation persists, but not less than 7 days; and The Approving Authority may grant in writing additional time for the initial notice of up to 3 months from the date that the system learns of the violation; Repeat the notice every 3 months as long as the violation or situation persists, unless the Approving Authority determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstances may the repeat notice be given less frequently than once per year. The Approving Authority may not allow less frequent repeat notice for an MCL or treatment technique violation under Regulation .11-4 of this chapter or a treatment technique violation under Regulation .05-2 of this chapter. The Approving Authority may not allow less frequent repeat notice for a Tier 2 repeat notice. Approving Authority determinations that allow repeat notices to be given less frequently than once every 3 months must be in writing; For Tier 2 turbidity violations, initiate consultation with the Approving Authority as soon as practical but not later than 24 hours after the system learns of the violation, comply with any public notification requirements in 40 CFR §141.203(b)(3), and if consultation does not take place within the 24-hour period, distribute a Tier 1 notice of the violation within the next 24 hours, that is, not later than 48 hours after the system learns of the violation; and Comply with any public notification requirements specified in 40 CFR §141.203(b)(3). If notice is posted under §L(2)(a) of this regulation, the notice shall remain in place for as long as the violation persists, but not fewer than 7 days. Unless otherwise directed by the Approving Authority, a community water system shall provide notice by: Mail or other direct delivery to each customer receiving a bill and to service connections to which water is delivered; and Any other method reasonably determined to reach individuals regularly served by the system such as posting of the notice in conspicuous locations throughout the area served, Internet, local newspapers, hand delivery, or delivery to community organizations, if the individuals would not normally be reached by the notice required in Regulation .20K(2)(d)(i) of this chapter. Unless otherwise directed by the Approving Authority, a noncommunity water system shall provide notice by: Posting the notice in conspicuous locations or by mail and direct delivery to each customer; and Any other method reasonably determined to reach individuals regularly served by the system such as Internet and hand delivery. Tier 3 Public Notice. The violation categories and other situations requiring Tier 3 notices are specified in 40 CFR §141.204 and include: Monitoring violations under 40 CFR §141 except if Tier 1 notice is required or the Approving Authority determines that Tier 2 notice is required; Failure to comply with a testing procedure except if Tier 1 notice is required or the Approving Authority determines that Tier 2 notice is required; Operating under a variance or an exemption; Results are available for unregulated contaminant monitoring; Exceedance of the fluoride secondary maximum contaminant level; and Reporting and record-keeping violations under subpart Y of 40 CFR §141. Manner of Tier 3 Notice. A supplier of water shall provide a Tier 3 public notice not later than 1 year after the system learns of the violation or begins operating under a variance or exemption. If the public notice is posted, the notice must remain in place as long as the situation persists, but not less than 7 days. The system shall repeat the notice annually for as long as the situation persists. Unless otherwise directed by the Approving Authority, a community water system shall provide notice by: Mail or other direct delivery to each customer receiving a bill and to other service connections, and, if customers would not normally be reached by mail or other direct delivery, any other method reasonably determined to reach individuals regularly served by the system such as Internet and hand delivery; or Include the notice, which shall satisfy the form, manner, and content requirements of this regulation, in the Consumer Confidence Report as described in Regulation .20-2 of this chapter if the report will be distributed not later than 12 months after the learning of the violation or situation. Unless otherwise directed by the Approving Authority, a noncommunity water system shall provide notice by: Posting the notice in conspicuous locations throughout the system or by mail or direct delivery; or Any other method reasonably determined to reach persons regularly served by the system such as Internet and hand delivery. Public Notice Content. Each public notice shall meet the requirements as described in 40 CFR §141.205, and shall include the following information: A description of the violation or situation including the contaminant of concern, and the contaminant level; When the violation or situation occurred; Any potential adverse health effects from the violation or situation using standard language as specified in 40 CFR Part 141, Subpart Q, Appendices A—B; The population at risk, including subpopulations that are particularly vulnerable; Whether alternative water supplies should be used; What action consumers should take, including conditions under which consumers should seek medical help, if known; What the system is doing to correct the violation or situation; When the water system expects to return to compliance or resolve the situation; The name, business address, and phone number of the designee of the water system as a source of additional information; and A statement to encourage the notice recipient to distribute the notice to other persons served, if applicable. Each public notice: Shall be displayed in a conspicuous way if printed or posted; May not contain overly technical language or small print; May not be formatted in a way that defeats the purpose of the notice; May not contain language that nullifies the purpose of the notice; and Shall comply with the multilingual requirements in 40 CFR §141.205(c)(2). As described in Regulation .20E(1)(j) of this chapter, a water supplier shall include the following language, if applicable: A supplier of water shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring public notice to all new billing units or new customers. Noncommunity systems shall continue to post the public notice in conspicuous locations to inform new consumers. A supplier of water shall notify individuals served by the system of the availability of unregulated contaminant monitoring results under 40 CFR §141.40 not later than 12 months after the monitoring results are known. The notice shall: As to form and manner, follow the requirements for a Tier 3 notice in §D of this regulation; and Identify a person to contact for information on the monitoring results, and provide the person's telephone number. A supplier of water to a community water system shall notify individuals served by the system of fluoride levels that exceed the secondary maximum contaminant level of 2 milligrams per liter as determined by the last single sample taken in accordance with Regulation .14 of this chapter, but does not exceed the maximum contaminant level for fluoride. The public notice shall: Be provided as soon as practical, but not later than 12 months after the system learns of the exceedance, and if required by the Approving Authority, be provided initially sooner than 12 months and repeated more often than annually; Include the mandatory language as specified in 40 CFR §141.208; Remain in place for as long as the SMCL is exceeded, but not fewer than 7 days; and Follow the requirements for a Tier 3 public notice in §D of this regulation. A supplier of water to a noncommunity water system shall notify persons served by the system that the Approving Authority has granted permission for the system to exceed nitrate levels of 10 milligrams per liter in the drinking water. The public notice shall be posted continuously as specified in 40 CFR §141.209. The Approving Authority may give the required notice of this regulation on behalf of the supplier of water. A supplier of water that is required to monitor source water under 40 CFR §141.701 shall notify persons served by the system that monitoring has not been completed as specified not later than 30 days after the system failed to collect any 3 months of monitoring, and, if applicable, a supplier of water shall notify persons served by the system that the bin determination has not been made as required. The form and manner of notification shall meet the requirements of a Tier 2 notice as specified in §C of this regulation and the requirements of 40 CFR §141.211. All suppliers of water of each community water system and each nontransient noncommunitiy water system shall provide public education about lead as specified by 40 CFR §§141.85 and 141.154, including consumer notice of lead tap water monitoring results to persons served at the sites that are tested. A supplier of water of each community water system and each nontransient noncommunity water system that exceeds the lead action level shall issue notice to persons served by the system that may be affected by lead contamination of their drinking water, sample the tap water of any customer who requests it, and provide other public education in accordance with §A of this regulation. Community water suppliers that exceed the lead action level and are not already repeating public education tasks shall deliver public education materials to persons served by the system within 60 days after the end of the monitoring period in which the exceedance occurred. Suppliers shall submit a press release to newspaper, television and radio stations twice every 12 months on a schedule agreed upon with the State. The Approving Authority may extend the activities §C of this regulation beyond the 60 day requirement if the extension is approved in writing by the State in advance of the 60 day deadline. This extension is only appropriate if the system has initiated public education activities prior to the end of the 60 day deadline. Nontransient noncommunity water suppliers that exceed the lead action level and are not already repeating public education tasks must deliver public education materials to persons served by the system in accordance with 40 CFR §141.85 within 60 days after the end of the monitoring period in which the exceedance occurred. Suppliers must repeat public education tasks in §D of this regulation twice every 12 months on a schedule agreed upon with the Approving Authority. Activities in §D of this regulation may be extended beyond the 60 day requirement by the Approving Authority if the extension is approved in writing by the Approving Authority in advance of the 60 day deadline, and only if the system has initiated public education activities prior to the end of the 60 day deadline. A supplier of water to a community water system shall deliver an annual consumer confidence report to their customers as required by 40 CFR §§141.151—141.155: Subpart O—Consumer Confidence Report. This report shall contain information on the quality of the water delivered by the supplier and characterize the risks from exposure to contaminants detected in the drinking water in an accurate and understandable manner. Each supplier of water to a community water system shall deliver its first report by July 1, 2001, and subsequent reports by July 1 annually thereafter. The first report shall contain data collected during, or before, calendar year 2000 and shall be in accordance with 40 CFR §141.153(d)(3). Each subsequent report shall contain data collected during, or before, the previous calendar year. A supplier of water to a community water system that began operation after July 1, 2000, shall deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter. A supplier of water to a community water system that sells water to another community water system shall deliver the applicable information required in the consumer confidence report to the buyer system: By April 1, 2001, for the 2000 report, and by April 1 annually thereafter; or On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties. Content of the Report. An annual report issued under this regulation shall provide a report that contains the information specified in 40 CFR §§141.153, 141.154, and 141.211. The report does not replace the function of the Public Notice requirements under Regulation .20 of this chapter. This information includes, but is not limited to, the requirements in §E(2)—(9) of this regulation. Required Language and Information. All reports shall contain the following language: “Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly persons, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/ CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).” Beginning in the report due by July 1, 2002, a supplier of water at a community water system that detects arsenic above 0.005 milligrams per liter (mg/l) and up to and including 0.010 milligrams per liter (mg/l): Shall include in its report a short informational statement about arsenic, using language such as that provided in 40 CFR §141.154(b)(1); or May write its own educational statement in consultation with the Approving Authority. Systems with nitrate at levels above 5 milligrams per liter shall include the required language in 40 CFR §141.154. Suppliers of water that monitor for lead shall include language as specified in 40 CFR §141.154. Systems which detect total trihalomethane levels above 0.080 milligrams per liter, but below 0.100 milligrams per liter, as an annual average shall include the required language in 40 CFR §141.154. Beginning in the report due by July 1, 2002 and ending January 22, 2006, a supplier of water at a community water system that detects arsenic above 0.010 milligrams per liter (mg/l) and up to and including 0.05 milligrams per liter (mg/l) shall include the arsenic health effects language prescribed by 40 CFR §141.154 Subpart O. Information on Source Water. The report shall identify the source or sources of the water delivered by the community water system by providing information on the: Type of water, for example, surface water or ground water; Commonly used name, if any; and Location of the body, or bodies, of water. If a source water assessment has been completed, the report shall notify consumers of the availability of this information and the means to obtain it. In addition, in the report, a supplier of water is encouraged to highlight significant sources of contamination in the source water area if they have readily available information. If a system has received a source water assessment from the Approving Authority, the report shall include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by, or approved by Approving Authority. Definitions for the following shall be included in the report: Maximum contaminant level goal (MCLG) and maximum contaminant level (MCL); Variances or exemptions if a community water system is operating under a variance or an exemption; Treatment technique when data is included on a contaminant for which EPA has set a treatment technique; Action level when data is included on a contaminant for which EPA has set an action level; Maximum residual disinfectant level goal (MRDLG); or Maximum residual disinfectant level (MRDL). For a report that contains information regarding a Level 1 or Level 2 assessment required by Regulation .11-4 of this chapter, Level 1 assessment and Level 2 assessment, as applicable. Information on Detected Contaminants. Information shall be included as specified in 40 CFR §141.153(d) for regulated contaminants, unregulated contaminants, treatment techniques, and 40 CFR §141.153 (e) for other contaminants identified by the Approving Authority as a public health risk in drinking water. The data should be provided in one or more tables as appropriate. For detected regulated contaminants, the table or tables shall contain: The highest contaminant level used to determine compliance and the range of detected levels from monitoring for contaminants subject to an MCL, except turbidity, total coliform, fecal coliform and E. coli; The MCL for that contaminant; The MCLG for that contaminant expressed in the same units as the MCL; A treatment technique, or specify the action level, applicable to that contaminant. When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all monitoring locations, the average and range of detection shall be provided, in the same units as the MCL. The system is required to include individual sample results for the Initial Distribution System Evaluation (IDSE) conducted under 40 CFR §141, Subpart U, when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken. In addition to the public notification requirements established under Regulation .14 of this chapter, the report shall note any violation that occurred during the year covered by the report, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation and other related information as follows: Monitoring and reporting of compliance data; Filtration and disinfection requirements established under Regulation .05-2 of this chapter; Lead and copper control requirements established under Regulation .06-2 of this chapter; Treatment technique requirements for Acrylamide and Epichlorohydrin established under Regulation .07-2 of this chapter; Record keeping of compliance data; Special monitoring requirements established under Regulation .15-3 of this chapter; Violations of the terms of variances, exemptions, or administrative or judicial orders; If applicable, an explanation for a variance or exemption, the date issued, a brief status report, and a notice of opportunity for public input. Explanation of Contaminants. The report shall contain a brief explanation regarding contaminants that may reasonably be expected to be found in drinking water, including bottled water, as specified in 40 CFR §141.153(h)(1)(i)—(iii), or comparable language. The following paragraph or equivalent shall be included: “Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).” The report shall contain: The telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report; The required health information as specified in 40 CFR §141.154; and Information, including time and place of regularly scheduled meetings, about opportunities for public participation in decisions that may affect the quality of the water. Special Public Notice for Ground Water Suppliers. Community ground water suppliers shall inform the public served by the water supplier about a fecal indicator-positive source sample that is not invalidated under Regulation .11-2G of this chapter, or any significant deficiency that has not been corrected, in accordance with the requirements of 40 CFR §§141.153(h)(6) and 141.403(a). The supplier shall continue to inform the public annually until the Approving Authority determines that the particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed in accordance with Regulation .05-5C of this chapter. Any system required to comply with a Level 1 or Level 2 assessment requirement under Regulation .11-4 of this chapter that is not due to an E. coli MCL violation shall include the information specified in 40 CFR §141.153(h)(7). For communities with a large proportion non-English speaking residents, information in the appropriate language or languages shall be provided regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy or to request assistance in the appropriate language. Report Delivery and Record Keeping. Except as provided in §H of this regulation, each supplier of water to a community water system shall mail or otherwise directly deliver one copy of the report to each customer. The supplier of water to a community water system shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the Approving Authority. Good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system, such as: Posting the reports on the Internet; Mailing to postal patrons in metropolitan areas; Advertising the availability of the report in the news media; Publication in a local newspaper; Posting in public places such as cafeterias or lunch rooms of public buildings; Delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; or Delivery to community organizations. Not later than the date the system is required to distribute the report to its customers, each supplier of water for a community water system shall mail a copy of the report to the Approving Authority, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Approving Authority. Not later than the date the system is required to distribute the report to its customers, each community water system shall deliver the report to any other agency or clearinghouse identified by the Approving Authority. Each community water system shall make its reports available to the public upon request. Each community water system serving 100,000 or more persons shall post its current year's report to a publicly accessible site on the Internet. Any supplier of water subject to this regulation shall retain copies of its consumer confidence report for not less than 3 years. The requirement of §G(1), (5) and (6) of this regulation for a supplier of water to a community water system serving less than 10,000 persons has been waived. These systems shall: Publish the reports in one or more local newspapers serving the area in which the system is located; Publish a notice in the newspaper, or by other means approved by the State, that informs the customers that the reports will not be mailed; and Make the reports available to the public upon request. Supplier of water to systems serving 500 or fewer persons may forego the requirements of §H(1) and (2) of this regulation if they provide notice at least once per year to their customers by mail, by door-to-door delivery, or by posting in an appropriate location, that the report is available upon request. A supplier of water shall keep records of microbiological analyses and turbidity analyses for at least 5 years and records of chemical analyses for at least 10 years. Actual laboratory reports may be kept, or data may be transferred into tabular summaries, provided the following information is included: The date, place, and time of sampling, and the name of the person who collected the sample; Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or processed water sample, or other special purpose sample; Date of analysis; Laboratory and person responsible for performing analysis; The analytical technique/method used; and The results of the analysis. A supplier of water shall keep records of the action to correct violations of this regulation for at least 3 years from the date of the last action taken with respect to the particular violation involved. Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the supplier of water, by a private consultant, or by any local, State or federal agency shall be kept by that organization for a period of at least 10 years after completion of a sanitary survey. The supplier of water shall keep records for at least 5 years after expiration of the variance or exemption. Copies of public notices issued pursuant to Regulation .20 of this chapter and certifications made to the Approving Authority shall be kept for 3 years after issuance. Copies of monitoring plans developed pursuant to this chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under §A of this regulation, except as specified elsewhere in this chapter. The Approving Authority may keep the records for the time requirements established in this regulation for a supplier of water if requested in writing by the supplier. In addition to the previous requirements of this regulation, a ground water supplier subject to 40 CFR §141 Subpart S shall maintain information in its records, including the following: Documentation of corrective actions. Documentation shall be kept for a period of not less than 10 years. Documentation of notice to the public as required under Regulation .20-2E(9). Documentation shall be kept for a period of not less than 3 years. Records of decisions under Regulation .11-2D(5)(b) of this chapter and records of invalidation of fecal indicator-positive ground water source samples under Regulation .11-2G of this chapter. Documentation shall be kept for a period of not less than 5 years. For consecutive systems, documentation of notification to the wholesale system(s) of total-coliform positive samples that are not invalidated under 40 CFR §141.21(c) until March 31, 2016, or under 40 CFR §141.853 beginning April 1, 2016. Documentation shall be kept for a period of not less than 5 years. For systems, including wholesale systems that are required to perform compliance monitoring under Regulation .11D of this chapter: Records of the minimum disinfectant residual specified by the Approving Authority for 4-log virus inactivation. Documentation shall be kept for a period of not less than 10 years. Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the minimum residual disinfectant concentration for a period of more than four hours. Documentation shall be kept for a period of not less than 5 years. Records of specified compliance requirements for membrane filtration and of parameters specified by the Approving Authority for alternative treatment, and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than four hours. Documentation shall be kept for a period of not less than 5 years. In addition to §A of this regulation, a public water supplier subject to 40 CFR §141, Subpart Y shall maintain information in its records, including the following: The supplier shall maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under Regulation .11-4H of this chapter for Approving Authority review. This record shall be maintained by the supplier for a period not less than 5 years after completion of the assessment or corrective action. The supplier shall maintain a record of any repeat sample taken that meets Approving Authority criteria for an extension of the 24-hour period for collecting repeat samples as provided for under Regulation .11-4H(1)(a) of this chapter. The objective of the emergency plan provision is to assure adequate, safe drinking water for human survival. The Approving Authority shall provide to affected citizenry and local officials the necessary assistance to enable the provision of an emergency supply of water. The assistance shall include notification of the emergency need to the Maryland Civil Defense Agency and appraisal of the particular situation through contact with local health department personnel. The local health department personnel will provide timely quality control of the emergency water supply and keep the Approving Authority on situation events. The Approving Authority will provide to the public an emergency telephone number with which to report any disasters. Suppliers of water to community water systems existing before July 1, 1987 shall prepare and submit for approval to the Approving Authority within 1 year following promulgation of this section a plan for providing a safe and adequate drinking water supply under emergency conditions. For community water systems constructed after July 1, 1987, the supplier of water shall prepare and submit for approval a plan for providing a safe and adequate drinking water supply under emergency conditions within 3 months following start up of the water system. The Approving Authority shall have the right to establish minimum sampling frequencies and locations for determining disinfectant residuals for public water systems. The responsibility and cost for testing, recording, and reporting the results to the Approving Authority shall be borne by the supplier of water. The Approving Authority shall have the right to establish minimum disinfectant residual concentrations in a public drinking water distribution system. Sampling and Analysis of Residual Disinfectant Concentrations. Sampling and analysis of residual disinfectant concentrations shall be conducted as set forth in 40 CFR §141.74(a)(2) or 141.131(c) or with DPD colorimetric test kits using protocol approved by the Approving Authority. Consecutive systems that do not add a disinfectant but deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, shall comply with the following requirements: Analytical and monitoring requirements for chlorine and chloramines in 40 CFR §§141.131(c) and 141.132(c)(1); Compliance requirements in 40 CFR §141.133(c)(1), unless required earlier by the State; and Reporting requirements for monitoring results in accordance with 40 CFR §141.134(c). Maximum Residual Disinfectant Levels. Maximum residual disinfectant levels (MRDLs) are as follows: CWSs and NTNCWSs. Subpart H systems serving 10,000 or more individuals shall comply with this regulation beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and systems using only ground water not under the direct influence of surface water shall comply with this regulation beginning January 1, 2004. Control of Disinfectant Residuals. Notwithstanding the MRDLs in §D(1) of this regulation, systems may increase residual disinfectant levels in the distribution system of chlorine or chloramines, except for chlorine dioxide, to a level and for a time necessary to protect public health and to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, source water contamination events, or cross-connection events. Systems shall report disinfection profiles and benchmarks to the Approving Authority as described in 40 CFR §§141.708—141.709 and Regulation .05-2L(9) and (10) of this chapter prior to making a significant change in disinfection practice. When the Approving Authority determines that a supplier of water has not complied with this regulation, the Approving Authority shall issue a notice of violation, or order in writing to the supplier of water stating the: Regulation being violated; Corrective action required from the supplier of water; and Period of time in which the violation shall be corrected. If a supplier of water fails to comply with the notice of violation or order, the Approving Authority may enter a civil action. Notice of Violation or Order. After issuing a notice of violation or order, the Approving Authority may agree to the provisions of a plan for compliance submitted by the supplier of water. The plan for compliance shall be in writing and will present the timetable and the manner for completing the corrective action specified in the notice of violation or order. The supplier of water will not be considered to be in violation of the notice of violation or order as long as the supplier of water fulfills the conditions of the plan for compliance. Sanitary Survey Report. A sanitary survey is an on-site review of the water source (identifying sources of contamination by using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system (PWS) to evaluate the adequacy of the PWS, its sources and operations, and the distribution of safe drinking water. For the purposes of this section, a significant deficiency includes a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Approving Authority determines to be causing, or has the potential for causing, the introduction of contamination into the water delivered to consumers. After conducting a sanitary survey and completing a report, the Approving Authority may require the supplier of water to take corrective action to resolve deficiencies noted in the sanitary survey. Suppliers of water shall provide a plan for compliance on or before 45 days from the receipt of the report to indicate how and on what schedule the system the will address significant deficiencies noted in the survey. The plan for compliance shall be in writing and shall present the timetable and the manner for completing the corrective action specified by the sanitary survey report. The supplier of water is not in violation of the notice or order if the Approving Authority approves the plan for compliance and the supplier of water fulfills the conditions of the plan for compliance. Suppliers of water shall correct significant deficiencies identified in sanitary surveys according to the schedule approved by the Approving Authority, or if there is no approved schedule, according to the schedule reported pursuant to 40 CFR §141.723(c) if such deficiencies are within the control of the system. Composite Correction Program. A composite correction program includes a comprehensive performance evaluation and a correction program. The comprehensive performance evaluation shall: Identify factors that may be adversely impacting a plant's capability to achieve compliance with 40 CFR Part 141, Subparts P and T; and Emphasize approaches that can be implemented without significant capital improvements. For purposes of compliance with 40 CFR Part 141, Subparts P and T, the comprehensive performance evaluation shall consist of at least the following components: Assessment of plant performance; Evaluation of major unit processes; Identification and prioritization of performance limiting factors; Assessment of the applicability of comprehensive technical assistance; and Preparation of a CPE report. As specified in 40 CFR Part 141, Subparts P and T, the Approving Authority may require a composite correction program for a Subpart H water system with any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months. The plan for compliance shall: Be in writing; Present the timetable and the manner for completing the corrective actions specified by the composite correction program; and Be completed and submitted to the Approving Authority for review and approval not later than 90 days following the exceedance. The Approving Authority may require suppliers of water to submit a monthly operating report not later than 10 days after the end of the reporting period. The Approving Authority shall specify the information required and the format of the monthly operating reports for each water supply system. The current monthly operating report shall be kept at the water treatment plant, and all entries shall be made on a daily basis. Reportable incidents shall be noted in the monthly operating report of addendums attached to it. The superintendent in charge of daily operations shall complete the monthly operating report, certify that the report is truthful to the best of his knowledge and belief, and sign the operating report at the end of the day, shift, work period, or at an interval specified by the Approving Authority. The supplier of water shall be responsible for submitting the report within the required time limit. The Approving Authority shall report to the Board any irregular, untruthful, or misleading information reported on the operating report. A supplier of water shall maintain a log of all maintenance activities that occur during the daily operation of the water supply system. The Approving Authority shall specify the information that shall be contained in the maintenance log. The superintendent in daily responsible charge shall attest to the veracity of the log by signing the maintenance log at the end of the day, shift, work period, or at an interval specified by the Approving Authority. The current maintenance log shall be maintained at the plant site at all times and may not be removed except for duplication. The log books shall be retained for 3 years before disposal. The Approving Authority shall report to the Board any irregular, untruthful, or misleading information reported on the maintenance log. Suppliers of water shall contact the Approving Authority when a reportable incident occurs during the operation of the water treatment and distribution system within 1 hour of the supplier of water becoming aware of the incident. Suppliers of water for community public water systems shall collect and analyze one sample per plant at the entry point of the distribution system for the determination of sodium concentration. Samples shall be collected and analyzed annually for systems utilizing surface water sources in whole or in part, and at least every 3 years for systems utilizing solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may, at the Approving Authority's discretion, be considered one treatment plant for determining the minimum number of samples. The supplier of water may be required by the Approving Authority to collect and analyze water samples for sodium more frequently in locations where the sodium content is variable. The supplier of water shall report to the Approving Authority the results of the analyses for sodium within the first 10 days of the month following the month in which the sample results were received or within the first 10 days following the end of the required monitoring period as stipulated by the Approving Authority, whichever of these is first. If greater than annual sampling is required, the supplier of water shall report the average sodium concentration within 10 days of the month following the month in which the analytical results of the last sample used for the annual average has been received. The supplier of water shall notify appropriate local and State public health officials of the sodium levels by written notice by direct mail within 3 months. A copy of each notice required to be provided by this section shall be sent to the State within 10 days of its issuance. The supplier of water is not required to notify appropriate local and State public health officials of the sodium levels when the State provides the notices instead of the supplier. Analysis for sodium shall be conducted as set forth in 40 CFR §141.23(k)(1). Material Survey. Community water supply systems shall identify whether the following construction materials are present in their distribution systems and shall submit a report to the Approving Authority: Lead from piping, solder, caulking, interior lining of the distribution mains, alloys, and home plumbing; Copper from piping and alloys, service lines, and home plumbing; Galvanized piping, service lines, and home plumbing; Ferrous piping materials such as cast iron and steel; Asbestos cement pipe; Vinyl lined asbestos cement pipe; and Coal tar lined pipes and tanks. Requirements for Uncovered Finished Water Storage Facilities. Water suppliers may not begin construction of uncovered finished water storage facilities. Systems using uncovered finished water storage facilities shall comply with 40 CFR §141.714. Systems shall notify the Approving Authority of the use of each uncovered finished water storage facility not later than April 1, 2008. For each uncovered finished water storage facility, systems shall meet the following conditions, or be in compliance with a schedule approved by the Approving Authority to meet these conditions, not later than April 1, 2009: Systems shall cover any uncovered finished water storage facility; and Systems shall treat the discharge from the uncovered finished water storage facility to the distribution system to achieve inactivation, removal, or inactivation and removal of at least 4-log virus, 3-log Giardia lamblia, and 2-log Cryptosporidium using a protocol approved by the Approving Authority. Systems shall report the use of uncovered finished water storage facilities to the Approving Authority as described in 40 CFR §141.714. Systems shall keep the results of treatment monitoring associated with uncovered finished water reservoirs under 40 CFR §141.714 for 3 years. Failure to comply with the requirements of this section is a violation of the treatment technique requirement. Suppliers of water to community water systems existing before January 1, 1986, shall prepare and submit for approval to the Approving Authority by January 1, 1988, a plan for controlling cross connections. For community water systems constructed after January 1, 1988, the supplier of water shall prepare and submit for approval a plan for controlling cross connections with the plans and specifications required under Regulation .05 of this chapter or within 3 months following start-up of the water system if a construction permit has already been issued by the Approving Authority. Following receipt of approval by the Approving Authority for the cross connection control program submitted in compliance with §A, of this regulation, including any amendment required by the Approving Authority, the supplier of water shall implement the approved plan. For purposes of this regulation, “products” means any: Chemical or substance added to a public water supply; Materials used in the manufacture of public water supply components or appurtenances; or Pipe, storage tank, valve, fixture, or other materials which come in contact with water intended for use in public water supply. Suppliers of water to the community water systems shall receive approval from the Approving Authority before application of coatings and coatings systems to water storage facilities or other water contact surfaces. Suppliers of water shall also submit the analytical results of water that have been collected from newly coated tanks and obtain approval from the Approving Authority before placing these tanks in service. Suppliers of water shall use only products, as defined in §A of this regulation, in a public water supply that are acceptable to the Approving Authority. The Approving Authority shall consider the following when determining which products are acceptable for use in a public water supply: If the product meets the applicable American National Standards Institute (ANSI)/National Sanitation Foundation (NSF) standards for direct or indirect drinking water additives; or If the product is certified by an organization having a third-party certification program accredited by the American National Standards Institute (ANSI) to meet criteria that are at least as stringent as those in §C(1) of this regulation. A person who violates: Any provision of this chapter, except for Regulations .26—.28 and .33, is subject to the penalties provided by Environment Article, §9-413, Annotated Code of Maryland; Regulations .26—.28, or .33 of this chapter is guilty of a misdemeanor and upon conviction is subject to the penalties provided by Environment Article, §10-304, Annotated Code of Maryland; Any term or condition of an order issued pursuant to the authority vested in the Department by Environment Article, Title 9, Subtitle 2 or 4, Annotated Code of Maryland, is subject to the penalties provided by the subtitle pursuant to which the order is issued. The Secretary may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order or regulation issued pursuant to this chapter, in addition to any other remedies provided under this chapter. Applicability. This regulation applies to the owner of a new system that applies for a construction permit as required by COMAR 26.03.12 on or after October 1, 1999. A system that has infrastructure in place before October 1, 1999, and then becomes a community water system or a nontransient noncommunity water system by the addition of new users or connections is not subject to this regulation. General Requirements. The owner of a new system subject to this regulation shall comply with the requirements of this regulation by including the information in §§C—K of this regulation with the application for a construction permit required under Environment Article, §9-204, Annotated Code of Maryland. The Department may not issue a construction permit if the information required by §§C—K of this regulation is not submitted by the owner and approved by the Department. System Description. A system description shall include: A site plan for all water supply sources including: A map and a description of each water source; and Identification and location of all existing and proposed on-site stormwater management facilities and waste discharges for the properties served by the proposed water system; An identification of the municipality, area, or facility to be served by the proposed system; Provisions for future extension or expansion of the water system; and Proposed treatment processes including: The criteria and basis of design of treatment units; Methods or procedures used in arriving at treatment recommendations, and reasons or justifications for any deviations from conventional processes or methods; and Population records and demographic trends that forecast 10 years into the future. Source Adequacy Analysis. A source adequacy analysis shall include: An analysis of the ability of the proposed and existing sources to reliably meet average, maximum daily, and instantaneous peak demands based upon existing conditions and conditions 10 years in the future; Determination of the safe yield of the sources of supply; For systems purchasing water, a copy of the agreement with the supplier that demonstrates the reliability and adequacy of the water supply; and Characterization of the water quality of the sources of supply, including comparison of the water quality data to established or proposed drinking water standards. Infrastructure Replacement Plan. An infrastructure replacement plan shall include: A description of all treatment and transmission facilities, including pumping stations and storage facilities, and including the useful life of each piece of equipment; and An equipment replacement plan including expected replacement dates and costs. Staffing Plan. A staffing plan shall include: An organizational chart showing all aspects of water system management and operation; A description of the responsibilities of all staff; A demonstration that the system will comply with the operator certification requirements listed in COMAR 26.06.01; and A plan for providing on-going training to all managers and operators. Operations Plan. The owner of a new system subject to the requirements of this regulation shall submit an operations plan. Community water systems shall comply with the requirements of §G(1)(a) and (b) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §G(1)(a)(i)—(v) of this regulation. An operations plan shall include: Standard operating procedures for: Routine operation and maintenance; Water quality monitoring to comply with regulatory requirements for supply sources, treatment, and the distribution system; Record keeping and reporting, including consumer confidence reports; Testing of backflow prevention devices in treatment and storage facilities; Storage tank inspection and cleaning; Water main valve location and exercising; Customer complaint response; Customer notification of planned outages; and Main flushing; and A plan for tracking unaccounted-for water. The owner of a new system shall implement the operations plan. Cross Connection Control Plan. The owner of a new system shall submit a cross connection control plan which explains how the water system will comply with the requirements of Regulation .32 of this chapter. Ownership and Easement Documentation. Ownership and easement documentation shall include: The system's ownership and organization including: The name and address of the system owner or owners; The names of the chief executive officers, director or agency head, and board of directors; A description of the water system's legal basis, for example, nonprofit, limited partnership; and Copies of any leases or easements for land, water supply sources, or physical facilities used in the operation of the system; Acquisition of easements, rights of way, or both, for all water pipelines and appurtenances located on private property not owned by the water system; and For community water systems, ownership in fee simple of the land where the water treatment facilities and other necessary structures are or will be located. If pipelines are to be located in public or dedicated streets and roads, the applicant shall: Inform the Department of this in its application; and Show that it retains the rights of ownership and maintenance of those pipelines; and Emergency Management Plan. Community water systems shall submit an emergency management plan consisting of the following: The identification of all potential risks including contamination, chemical handling, equipment failures, drought, and outages; The identification of personnel responsible for emergency management; Emergency response plans for identified risks; and Notification procedures and means for implementation of the emergency response plan. Nontransient noncommunity water systems shall submit an emergency management plan containing the names and phone numbers of the people responsible for action in the event of an emergency and for emergency sources of potable water. Financial Plan. The owner of a new system subject to the requirements of this regulation shall submit a financial plan. Community water systems shall comply with the requirements of §K(2)—(4) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §K(5) of this regulation. The financial plan for a community water system shall include a revenue and expenditure analysis that compares all anticipated water system revenues with planned expenditures for a 5-year period and describe the water system's: Annual revenue, expenses, and cash flow projections; Debt incurred for meeting capital expenditures; and 5-year plan for capital improvements. The financial plan shall demonstrate that: Record keeping and accounting practices in place will accurately record the actual costs of the water system, the revenues received, and expenses incurred in the operation of the system; The coverage ratio is greater than 1.0; and The operating ratio is greater than 1.0. To satisfy the requirements of §K(3) of this regulation, the financial plan shall at a minimum set forth: The date of execution of the described obligation; The name or names of the trustee or trustees; The amount of indebtedness authorized to be secured by the described obligation; The amount of indebtedness actually secured by the described obligation; and A description of the mortgaged property or collateral. The financial plan for a nontransient noncommunity water system shall include detailed operational cost estimates and a reliable source of revenue. A copy of the operations plan required in §G of this regulation and a copy of the emergency management plan required in §J of this regulation shall be kept onsite at each plant. Environment Article, Title 9, Subtitles 2 and 4, Annotated Code of Maryland Effective date: October 21, 1977 (4:22 Md. R. 1670) Appendix E adopted effective January 27, 1978 (5:2 Md. R. 84) Regulations .01, .06—.11, .15A, .19A and B, .20F, and .22 amended effective August 10, 1987 (14:16 Md. R. 1774) Regulations .15G—P, .19E, .28—.33, and .35 adopted effective August 10, 1987 (14:16 Md. R. 1774) Regulations .26, .27, and .34 adopted effective November 30, 1987 (14:24 Md. R. 2555) Appendices A—E recodified as Regulation .36 Chapter recodified from COMAR 10.17.07 to COMAR 26.04.01 Chapter revised effective March 18, 1991 (18:5 Md. R. 596) Regulation .01B amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .03A amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .04A amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .05-2 adopted effective December 21, 1992 (19:25 Md. R. 2208) Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .10 repealed and new Regulation .10 adopted effective December 21, 1992 (19:25 Md. R. 2208) Regulation .11 repealed and new Regulation .11 adopted effective December 21, 1992 (19:25 Md. R. 2208) Regulation .11-1—.11-3 adopted effective December 21, 1992 (19:25 Md. R. 2208) Regulation .12 amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .17 amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .20A, F amended effective December 21, 1992 (19:25 Md. R. 2208) Regulation .33 amended effective December 21, 1992 (19:25 Md. R. 2208) Chapter revised effective January 2, 1995 (21:26 Md. R. 2192) Regulation .01B amended effective October 4, 1999 (26:20 Md. R. 1548); October 16, 2000 (27:20 Md. R. 1842) Regulation .03A amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .04 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .12 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .15 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .15-1 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .15-2 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .20-1 amended effective October 16, 2000 (27:20 Md. R. 1842) Regulation .20-2 adopted effective October 16, 2000 (27:20 Md. R. 1842) Regulation .23C adopted effective October 16, 2000 (27:20 Md. R. 1842) Regulation .29D adopted effective October 16, 2000 (27:20 Md. R. 1842) Regulation .31 repealed effective October 16, 2000 (27:20 Md. R. 1842) Regulation .36 adopted effective October 4, 1999 (26:20 Md. R. 1548) Chapter revised as an emergency provision effective January 1, 2002 (29:4 Md. R. 415); revised permanently effective April 29, 2002 (29:8 Md. R. 702) Chapter revised effective September 1, 2003 (30:17 Md. R. 1205) Regulation .01B amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); August 29, 2016 (43:17 Md. R. 957) Regulation .01-1 amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .01-1B amended effective December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319); August 29, 2016 (43:17 Md. R. 957) Regulation .03A amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .04A amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .05F adopted effective March 7, 2011 (38:5 Md. R. 319) Regulation .05-2 amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .15-2I amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .05-2L adopted effective December 14, 2009 (36:25 Md. R. 1956) Regulation .05-5 adopted effective March 7, 2011 (38:5 Md. R. 319) Regulation .06-2 amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .07 amended effective December 14, 2009 (36:25 Md. R. 1956) Regulation .07-1 amended effective December 14, 2009 (36:25 Md. R. 1956) Regulation .08E amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .09C amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .10 amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .11 amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .11D adopted effective March 7, 2011 (38:5 Md. R. 319) Regulation .11-1 amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .11-2 amended effective March 7, 2011 (38:5 Md. R. 319); August 29, 2016 (43:17 Md. R. 957) Regulation .11-3D adopted effective March 7, 2011 (38:5 Md. R. 319) Regulation .11-4 adopted effective August 29, 2016 (43:17 Md. R. 957) Regulation .12 amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .15-2 amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319) Regulation .17A amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .19D amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .19D, G amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .20 amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319) Regulation .20-1 amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .20-2 amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .20C, D amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .20-2E amended effective December 14, 2009 (36:25 Md. R. 1956); August 29, 2016 (43:17 Md. R. 957) Regulation .21 amended effective December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319) Regulation .21H amended effective August 29, 2016 (43:17 Md. R. 957) Regulation .21I adopted effective August 29, 2016 (43:17 Md. R. 957) Regulation .23 amended effective December 14, 2009 (36:25 Md. R. 1956) Regulation .23C amended effective March 7, 2011 (38:5 Md. R. 319) Regulation .25B amended effective December 14, 2009 (36:25 Md. R. 1956) Regulation .25C amended effective April 25, 2005 (32:8 Md. R. 743) Regulation .30B amended effective December 14, 2009 (36:25 Md. R. 1956) Regulation .34 amended effective March 1, 2004 (31:4 Md. R. 318) The following terms have the meanings indicated. Terms Defined. “Approving Authority” means the Secretary of the Department of the Environment or the Secretary’s designee. “Aquifer” means any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced. “At-grade system” means an on-site sewage disposal system utilizing a raised bed of gravel over the natural soil surface with a distribution system constructed so as to distribute sewage equally along the length of the gravel bed. “Best Available Technology for Removal of Nitrogen (BAT)” means a technology that has been approved by the Department as a best available technology for removing nitrogen from onsite sewage disposal systems. “Certified service provider” means an individual who is certified by the Department to perform operation and maintenance on BAT systems. “Chemical toilet” means a toilet arranged to receive the nonwater-carried human waste directly into a deodorizing and liquefying chemical in a watertight tank. “Cistern” means a covered tank in which rain water from roof drains is stored for household or other purposes. “Community sewerage system” means any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of domestic sewage or domestic sewage combined with industrial waste including various devices for the treatment of that sewage. “Community water supply system” means a source of water and distribution system, including treatment facilities and storage facilities whether publicly or privately owned, serving two or more individual lots. “Confined aquifer” means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and which contains ground water under pressure greater than that of the atmosphere. This term is synonymous with the term “artesian aquifer”. “Contamination” means the introduction into water of any substance, which may transfer infectious agents or other foreign substances (organic, inorganic, radiological, or biological), in concentrations which may constitute a health hazard or impair the usefulness of the water. “Controlled hazardous substance” means a substance identified as a hazardous substance by the Department of the Environment pursuant to Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, and COMAR 26.13.01.03B(26). “Conventional on-site sewage disposal system” is a system that meets current regulations and includes a sewage treatment unit or BAT with standard trench or deep trench subsurface irrigation, a seepage pit on-site disposal or a sand mound system under Regulation .05 of this chapter, or an at-grade system under Regulation .05 of this chapter. “County water and sewer plan” means a comprehensive plan and all amendments and revisions of it as required by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, for the provision of adequate water and sewerage systems, whether publically or privately owned throughout the county, including towns, municipal corporations, and sanitary districts in the county. “Deep trench” means a trench having perforated pipe in which the trench side wall and bottom area are used to calculate the absorptive area in the system design. At least 2 inches of gravel/stone covers the pipe and extends throughout the depth of absorptive side wall to the trench bottom. “Domestic sewage” means the liquid or water carried wastes derived from dwellings, including floating homes, business buildings, institutions, and the like, exclusive of wastes derived from industrial processes. “Floating home” means any vessel, whether self-propelled or not, which is: Used, designated, or occupied as a permanent dwelling unit, place of business, or for any private or social club, including a structure constructed upon a barge primarily immobile and out of navigation or any structure which functions substantially as a land structure while the same is moored or docked within Maryland; and Which has a volume coefficient greater than 3,000 square feet based upon the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth. “Fall line” means the contact between the unconsolidated sediments of the coastal plain physiographic province and the crystalline rocks of the Maryland Piedmont physiographic province (see the map of Maryland Physiographic Provinces and Their Divisions in this chapter), and is approximated by the line connecting the numerous waterfalls and rapids in adjacent streams. “Flood plain soils” are those soils that are listed in the soil survey as either having a flood hazard or being susceptible to flooding. “Grease intercepter” means a receptacle designed to collect and retain grease and fatty substances normally found in kitchen or similar wastes. “Ground water” means underground water in a zone of saturation. “Hazardous substance” means any matter: That conveys toxic, lethal, or sublethal effects to plant, aquatic, or animal life, or which may be injurious to human health, or persists in the environment; or Which causes sublethal alterations to aquatic, plant, animal, or human systems through their cumulative or immediate reactions. “Holding tank” means a watertight receptacle which is used, or intended to be used, for the collection of sewage. “Liquid waste hauler” means a person engaged in the business of cleaning and emptying septic tanks, holding tanks, seepage pits, privies, or any other on-site disposal facility. “Membrane Bioreactors (MBR)” is a treatment technology that combines the biological-activated sludge process and the membrane filtration process and that is capable of reducing the 5 day biochemical oxygen demand (BOD5 ), total nitrogen (TN), and total suspended solids (TSS) concentrations in wastewater effluent to less than 1 mg/l of TSS, less than 3 mg/l of TN, and less than 3 mg/l of BOD5. “Mobile home” means a structure that can be used with or without a permanent foundation, is transportable in one or more sections, built on a permanent chassis, and is designed to be used as a dwelling when connected to the required utilities. “Non-conventional on-site sewage disposal systems” are experimental systems and innovative technologies not currently described in these regulations that are undergoing evaluation by the Department of the Environment and the Approving Authority. “On-site disposal” means the disposal of sewage effluent beneath the land surface. “On-site sewage disposal system” means a sewage treatment unit, collection system, disposal area, and related appurtenances related to on-site sewage disposal. “Percolation test” means a procedure used to determine the rate of movement of water through soil at the depth of installation of a proposed on-site sewage disposal system. “Permeability” means the capability of a soil, rock, aquifer, or confining bed to transmit waters or air. “Person” means an individual, partnership, firm, corporation, cooperative enterprise, or a governmental agency. “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any ground or surface waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance onto the ground surface or into any waters of this State that will render the ground or waters harmful or detrimental to: Public health, safety, or welfare; Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; Livestock, wild animals, or birds; or Fish or other aquatic life. “Potable water” means water which is free from substances or agents which may cause disease or harmful physiological effects, and which complies with the bacteriological and chemical quality requirements of COMAR 26.04.01 and 26.04.04. “Privy” means an earth or watertight pit or receptacle for receiving nonwater-carried human wastes over which is placed a privy house containing a seat or seats. “Sand mound system” means an on-site sewage disposal system utilizing a raised bed of sand fill with a distribution system constructed so as to distribute sewage equally into the sand fill. “Seepage pit” means a dug or drilled hole extending into porous soils for the purpose of introducing sewage effluent into the ground. “Septage” means the liquid and solid material pumped or removed from chemical toilets, septic tanks, seepage pits, privies, cesspools, or holding tanks when the system is cleaned and maintained. “Septic tank” means a watertight receptacle which receives the discharge of sewage from a building sewer or part of it and is designed and constructed to permit the settling and the digestion of the organic matter by anaerobic bacterial action. “Sewage” means water-carried human, domestic and other wastes and includes all human and animal excreta. “Sewage treatment unit” means a device designed and constructed to receive sewage and to provide treatment to reduce organic and inorganic matter and includes septic tanks, BAT, aerobic treatment units, or any other approved devices. “Sewer” means the system of pipes, lift stations, and other appurtenances that receive and convey sewage and is designed to exclude stormwater, surface water, and ground water. “Site evaluation” means the inventory and review of all site characteristics pertinent to on-site sewage disposal systems including topography, geology, surface and subsurface drainage, seasonal high water table, drinking water sources and wells, proximity to waters of the State, soil evaluation and percolation tests. “Soil evaluation” means a description of the physical properties of a soil including color, texture, structure, limiting horizons, and percolation rates. “Soil survey” means the scientific inventory of soil maps, soil unit descriptions, classification in the national system, and interpretation for use, as conducted by the National Cooperative Soil Survey by the United States Department of Agriculture, Natural Resources Conservation Service, in cooperation with the Maryland Agricultural Experiment Station. “Spring” means groundwater seeping out of the earth where the water table intersects the ground surface. “Standard trench” or shallow trench means a trench having either at least 6 inches of gravel or stone beneath and at least 2 inches over the perforated pipe or at least 6 inches air space beneath an open chamber. Only the bottom area is used to calculate the absorptive area in the design of a standard trench. “Stream” means a perennial or intermittent watercourse of groundwater origin. “Subsurface sewage disposal” means the process of on-site sewage disposal in which the sewage effluent is applied to land by distribution beneath the surface through perforated pipes or pressurized pipes and includes a standard trench, deep trench, sand mound or at-grade system. “Unconfined aquifer” means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing ground water under pressure approximately equal to that of the atmosphere. This term is synonymous with the term “water table aquifer”. “Unconsolidated material” means uncemented soil and sediment material having not more than 70 percent coarse fragments (greater than 2 millimeters) by weight or 50 percent coarse fragments (greater than 2 millimeters) by volume. Volume is estimated by visual comparison with a standard chart. “Water supply system” means a system that provides water for human consumption through pipes or other constructed conveyances and includes all sources of water that are or may be used as potable water including wells, springs, cisterns, or other sources and their appurtenances, such as, pitless adaptors, pumps, pressure tanks, water lines, and treatment and storage facilities. “Well” means any hole that extends more than 20’ below the ground surface to explore for ground water, to obtain or monitor ground water, or to inject water into any underground formation from which ground water may be produced or to transfer heat to or from the ground or groundwater. The requirements of this chapter apply to new on-site sewage disposal systems and non-community water supply systems, replacements, additions to existing systems, repair or replacement of an existing system and any potential changes in the strength or volume of the sewage entering an on-site sewage disposal system. If a community sewerage system is adequate and economically available to the building to be served, the Approving Authority may require a connection to the system. On-Site Disposal System. Notwithstanding any other provision of this regulation, the Department may approve an on-site sewage disposal system: For a lot or parcel that was recorded and approved by the Department on or before November 17, 1985 if it meets the Department’s regulations and policies that were in effect on November 17, 1985, and has at least one replacement system area; or For a lot or parcel that was recorded and approved by the Department on or before November 18, 1985 and was approved subject to a 10,000 square foot or greater disposal area, if it meets the other requirements and policies that were in effect on November 17, 1985. However, if a lot was approved subject to a 10,000 square foot disposal area, this disposal area is required; or For a lot that was recorded without Department approval before November 18, 1985, if it meets the other requirements of this regulation except that only area sufficient for an initial and one replacement system is required for the lot’s initial dwelling unit. A 10,000 square foot area sufficient for an initial system installation and two replacement systems is required for each additional dwelling unit. If the Department has approved a county’s groundwater protection plan, a sewage disposal system may be installed with less than a 4-foot treatment zone in a coastal plain county if the system complies with a groundwater protection report incorporated in the county’s master water and sewerage plan. These counties include Talbot, Dorchester, Wicomico, Worcester, Somerset, Caroline, and Queen Anne’s. A maximum density requirement of 160 residences or its equivalent per square mile for ground water protection shall apply in these areas for lots where direct ground water penetration is used for sewage disposal. A person may not dispose of sewage, body, or industrial wastes in any manner which may cause pollution of the ground surface, the waters of the State, or create a nuisance. A person may only dispose of sewage, body, or industrial wastes in accordance with an approved on-site sewage disposal permit or other method of disposal approved by the Approving Authority. Water Supply for Non-Community System. Only the following may be used as a water supply for residential and other establishments not served by a community system: A well that satisfies the requirements of COMAR 26.04.04; and A surface water system permitted by the Department and which meets the requirements of COMAR 26.04.01. A spring or dug well may not be used as a water supply for a new homesite. A cistern may not be used as a potable water supply. A well for a new construction, addition, or alteration and a potential source of contamination shall meet the minimum setback requirements established in COMAR 26.04.04. The owner of an abandoned well shall properly fill and seal the well in compliance with the requirements of COMAR 26.04.04.11. Building and floating home contractors, septic contractors, plumbers, licensed well drillers, drivers, and diggers, along with any person for whom the work is being performed, are responsible for compliance with these regulations and COMAR 26.04.04. An on-site sewage disposal system may not serve more than one building unless specifically authorized by the Approving Authority. In those instances where connection of more than one building to an onsite sewage disposal system is approved, the available area for onsite sewage disposal shall meet the requirements established by §C of this regulation. If water under pressure is not available, all human body wastes shall be disposed of in approved privies, chemical toilets, or any other installations acceptable to the Approving Authority. These methods may not be authorized for new construction. Site evaluations including percolation tests shall be conducted under the supervision of the Approving Authority. Other pertinent soil evaluations may be required by the Approving Authority if considered necessary. A holding tank may be used to resolve an existing on-site sewage disposal failure if a community sewerage facility is not available and on-site repair protective of the public health is not possible. A holding tank may not be permitted to serve new construction or for the purpose of adding capacity to an existing disposal system in order to accommodate a change in property use. For a building served by a holding tank, the Approving Authority may not allow a building addition or a change-in-use or operation that would result in a foreseeable or potential increase in sewage flows from the building. A holding tank may be permitted to serve a public building as determined by the Approving Authority and the Department of the Environment to be essential. The permission to allow a holding tank for an essential public service building shall include consideration of the following: Whether the proposed building is directly related to and necessary to protect the public safety; Whether the proposed building supplies any critical public service; The volume and character of the waste to be generated, and, its ultimate disposal; and The expected length of time the holding tank will be in service before a conventional disposal mode is available. A holding tank is required to hold a minimum of 7 days effluent and shall be of watertight construction. The Approving Authority may require a test of water tightness, in accordance with Regulation .05(F) of this chapter. The owner shall regularly remove and dispose of the contents in accordance with Regulation .08 of this chapter. The applicant shall submit, along with the application, a maintenance contract which is acceptable to the Approving Authority and which includes an acceptable pumping schedule by an approved liquid waste hauler. The Approving Authority may issue a holding tank permit if it determines that the issuance of the permit complies with the requirements of this section and does not compromise the public health, a maintenance contract requires safe and adequate disposal of sewage generated, and a holding tank agreement and easement is recorded in the land records for the property. Criteria for a Holding Tank for an Owner Occupied, Legally Occupied, and Legally Situated Dwelling Unit. A community sewerage facility is not available and on-site repair is not possible. The dwelling unit is presently legally occupied by the owner or some other person who has permission of the owner or is vacant, but could be occupied by the owner or some other person who has permission of the owner. The dwelling is physically occupied in compliance with all required occupancy permits, except for any permit or permit requirement relating directly to the sewage disposal system. If no occupancy permit is required, a dwelling unit is legally if it is physically occupied. The dwelling has all required governmental approvals relating to its size (including all enclosed floor space) and location. The square footage of the original dwelling may is not increased. The estimated daily sewage flow may not be increased beyond the proven historical use. The dwelling does not require major repairs. The dwelling is existing if it has been occupied year round within 3 years prior to the date of an application for approval of a sewage disposal system. The approving authority may grant a variance if: The applicant demonstrates to the satisfaction of the approving authority that occupancy was interrupted by events beyond his control; The dwelling is the only structure on the property; and The dwelling has been occupied year round within 7 years of the application. No part of an on-site sewage disposal system may be covered or used until it has been inspected and approved by the Approving Authority or a third party approved by the Approving Authority. If hydrologic or geologic problems exist, or if construction activities may adversely impact the sewage system, the Approving Authority may require installation, inspection, and approval of the on-site sewage disposal system before issuance of the building permit by the local agency issuing building permits. The permitee shall backfill all as excavations soon as possible. If an excavation is required to be left open, the excavator shall properly protect the excavation to prevent injury to humans and animals. Every person engaged in the business of removing and disposing of the solid and liquid contents of on-site sewage disposal systems shall obtain an annual permit from the Approving Authority. Sewage or sewage effluent, treated or non-treated, may not be disposed of in any manner that is likely to cause contamination of a potable water supply system or waters of the State, or create a nuisance. An Approving Authority may require operating permits for on-site sewage disposal systems. A local jurisdiction may establish a responsible management entity to manage, operate and maintain an on-site sewage disposal system. An applicant shall submit an application for an on-site sewage disposal permit in a form required by the Approving Authority and shall include a site plan, which identifies soil evaluations, percolation and other test locations, proposed system design, existing and proposed improvements, proposed BAT or other treatment methods and the location of existing and proposed wells to serve the property, along with any relevant datum concerning wells or disposal systems within 100 feet of the property line, and any additional information the Approving Authority may request. The Approving Authority may issue a permit for an on-site sewage disposal system if it determines that the site and proposed design can safely dispose of sewage and conform with applicable laws and regulations. Within 30 days of a permit denial, the applicant shall be notified in writing as to the reason for denial. In determining whether or not to issue an on-site sewage disposal permit, the Approving Authority shall evaluate the appropriateness and design of the proposed system. The review shall include consideration of all site evaluation information. The applicant is responsible for submitting or making available all soils information, design specifications and other data that may be required by the Approving Authority to complete its permit review responsibilities. A person may not construct or attempt to construct an on-site sewage disposal system without first receiving a permit from the Approving Authority. A person may not alter an on-site sewage disposal system or cause it to receive any increase in flow or change in the character of wastewater unless permitted by the Approving Authority. A person may not construct or alter any structure, residence, floating home, or commercial establishment served or to be served by an on-site sewage disposal system or private water supply system, and a county or municipality may not issue, if applicable, a building permit or a use permit for the desired new construction or alteration, until the Approving Authority has: Issued both an on-site sewage disposal permit and a well construction permit for facilities served by an on-site sewage disposal system and a private water supply system; Issued an on-site sewage disposal permit for facilities served by an on-site sewage disposal system and a public water supply system; Issued a well construction permit for facilities served by a private water supply system and public sewerage; or Certified the existing on-site sewage disposal and water supply systems as capable of treating and disposing the existing sewage flows and meeting the water demand and any reasonable foreseeable increase in sewage flows or water demand. The Approving Authority shall consider the number of bedrooms, total enclosed living space and changes that affect the volume or character of the wastewater in making this determination. If, in the opinion of the Approving Authority, a safe and adequate water supply is not available to the lot, an on-site sewage disposal permit shall be denied. The Approving Authority may not permit an on-site sewage disposal system to be installed if, in the opinion of the Approving Authority, it may pollute a well water supply, a water supply reservoir, shellfish growing waters, bathing beaches, a lake or tidewater areas. The permit to construct an on-site sewage disposal system is not valid for more than 2 years from the date of issuance, but may be renewed at the discretion of the Approving Authority. Additional testing or evaluations, before the renewal of a permit, may be required by the Approving Authority. The permits required by this regulation are in addition to any approval to subdivide land pursuant to COMAR 26.04.03. A permit issued for the construction of an on-site sewage disposal system shall include the statement that the Maryland Department of the Environment recommends septic tanks, BAT and other pretreatment units be pumped at a frequency adequate to ensure that solids are not discharged to the disposal area. An on-site sewage disposal permit or a permit for an individual sewerage system may not be issued unless the project is in conformance with the approved county water and sewerage plan. Site Evaluation Criteria. In determining whether to approve a lot or parcel for on-site sewage disposal the Approving Authority shall consider the following site evaluation criteria: The general topography, geology, soil classification, and hydrology; Surface and subsurface drainage conditions; Soil descriptions, test results, and boring logs; Requirements for seasonal testing; and Performance of on-site sewage disposal systems and wells in the area and the potential impact of new on-site sewage disposal systems on individual water well supplies in adjacent areas. The applicant shall submit, or make available, all soils information, design specifications and other data that the Approving Authority may require to complete its permit review responsibilities. The applicant shall make available to the Approving Authority all information on private soil testing and environmental factors on the property that may impact onsite sewage disposal or potable drinking water supplies. A site evaluation is conducted, and the results are evaluated, in accordance with the following requirements: An adequate number of site evaluations including percolation tests and other pertinent observations, as required by the Approving Authority, are conducted within the area designated for on-site sewage disposal as necessary to determine the suitability of the area for sewage disposal. The Approving Authority may require additional site evaluations and percolation testing where soil texture or structure varies or limiting geologic conditions are encountered, or when the Approving Authority deems it necessary to evaluate a larger disposal and recovery area for the estimated sewage flow. The minimum allowable percolation rate after prewetting is 1 inch per 30 minutes, except for a system approved under Regulation .05V of this chapter. A percolation rate faster than 2 minutes per inch, after prewetting, may not be approved west of the fall line and may also be disapproved east of the fall line if, in the opinion of the Approving Authority, adequate protection of the ground water may not be provided due to the rapid movement of water through the soil. A percolation rate of between 2 and 5 minutes per inch, after prewetting, may be grounds for disapproval if in the opinion of the Approving Authority adequate protection of the ground water may not be provided due to rapid movement of water through the soil. In carbonate rock areas a minimum of four treatment zone observation test pits, excavated perpendicular to the bed rock ridges, are required per sewage disposal area. Each limiting horizons that may restrict the vertical flow of effluent in the soil treatment zone within 2 feet of the infiltrative surface is described in the site evaluation report. If a limiting horizon is identified, the design of the on-site sewage disposal system is adequate to overcome this limitation. Soils Testing Requirements. In an area where the soil survey maps, soil borings or historical data indicate moderate or severe limitations based on seasonally perched or seasonally high water tables; site evaluations, a soil percolation test and any other test that the Approving Authority requires is performed at the time of the year when the highest water table is present as indicated by observation wells, rainfall totals and site conditions at the on-site sewage disposal area. The applicant shall conduct all soil tests at the depth and in the soil intended to be used for the on-site sewage disposal system. The official source of soil information is the National Resource Conservation Service (NRCS) Soil Data Mart, a part of the National Soil Information System. Soil Treatment Zones. Conventional on-site sewage disposal systems may not be approved where there is less than 4 feet of unsaturated, unconsolidated material sufficient to attenuate effluent below the bottom of the on-site sewage disposal system except as provided in §C(2) of this regulation and Regulation .05V of this chapter. In the coastal plain province where 4 feet of unsaturated, unconsolidated material sufficient to attenuate effluent below the bottom of the on-site sewage disposal system is not available, the Approving Authority may identify areas where on-site sewage disposal systems using less than 4 feet of unsaturated soil may be allowed, if: The aquifer is a Type III (other than Type I or Type II), pursuant to COMAR 26.08.02.09B; or The aquifer has limited potential to serve as a drinking water source. These aquifers shall meet one or more of the following conditions: Insufficient potable water to serve as a year-round supply due to seasonally fluctuating water tables; Interconnection with tidewater such that if pumped for water supply, brackish water or saltwater intrusion into the aquifer has or would occur; or Evidence the aquifer has already been polluted by, or is in imminent danger of being polluted, by activities in the area. All the following criteria are required for all areas in which aquifers have been designated, pursuant to §C(2) of this regulation, for installation of on-site sewage disposal systems using less than 4 feet of unsaturated soil below the bottom of the sewage disposal field or pit: The area is delineated in a ground water protection report prepared by the county government or its representative; and the groundwater protection report is approved by the county health department and included in the appropriate county water and sewer plan approved by the Department of the Environment. The groundwater protection report sets density, design, and construction requirements to minimize degradation of aquifers designated for discharge and justifies any variances to §C(3)(b)—(g) of this regulation. A quantitatively and qualitatively superior potable water supply is available from one or more deeper confined aquifers that are separated from the disposal aquifer by a confining aquiclude. Measures are taken by the county health department to ensure that the aquifer designated for waste disposal is not currently and will not be used for a potable water supply. Discharge to a surficial aquifer does not contaminate a deeper aquifer of Type I or II, pursuant to COMAR 26.08.01—.04, or any aquifer used for water supply. If a water supply well taps a confined aquifer beneath the disposal aquifer the permitee shall grout through the disposal aquifer. The on-site sewage disposal system and recovery area is located 100 feet from any well in a confined aquifer. Unimproved lots served by these on-site sewage disposal systems may not be less than 2 acres in size. Approvals for lots in the Appalachian physiographic province of the State (see the map of Maryland Physiographic Provinces and Their Divisions in this chapter), where 4 feet of unsaturated, unconsolidated soil sufficient to attenuate effluent below the subsurface disposal system is not available, may require concurrent approval of the Department of the Environment at the discretion of the Water Management Administration. Training and assistance by the Water Management Administration personnel will be provided at the request of the Approving Authority. In limestone or dolomite areas of the Appalachian physiographic province, deviation from the 4-foot requirement may not be given for new development. Sewage disposal areas shall meet all physical and distance requirements outlined in regulations .03 and 04 of this chapter, exclusive of easements, rights-of-way, buildings, and any other permanent or physical objects, and may not be disturbed by earth moving, compaction, tree removal or grading after approval by the Approving Authority without prior authorization of the Approving Authority. The sewage disposal area for a dwelling unit or other building for human occupation on an individual lot recorded and approved by the Department on or after November 18, 1985, shall meet the following criteria: The area is adequate for the installation of an initial and two replacement on-site sewage disposal systems; and For each dwelling unit, or other buildings for human occupation, the area shall not be less than 10,000 square feet. The sewage disposal area for a dwelling unit or other building for human occupation on an individual lot, recorded and approved by the Department before November 18, 1985, shall meet the following criteria: The area is adequate for the installation of an initial and one replacement on-site sewage disposal system; and For lots created subject to a minimum 10,000 square foot sewage disposal area, a minimum 10,000 square foot area is maintained. The Approving Authority shall use the best available water usage information in determining estimated daily flows for institutional and commercial establishments for determining required sewage disposal area including area for initial and required replacement systems. . An on-site disposal system and replacement area may not be located in flood plain soils or on slopes in excess of 25 percent. The following horizontal separation distances are required to be maintained between the on-site disposal system including its recovery area and the features listed although greater distances may be required at the discretion of the Approving Authority: A lot located within 2,500 feet of the normal water level of an existing or proposed water supply reservoirs, measured horizontally, within a 5,000-foot radius upstream from a water intake on a stream used as potable water supply source, or within a 5,000-foot radius of a water intake located within a reservoir shall have an area of not less than 2 acres and a minimum width of 175 feet. An on-site sewage disposal system may not be located within 300 feet, measured horizontally, of the normal high water level of a water supply reservoir. Normal water means the elevation of the spillway crest. These limitations do not apply to areas below the dam forming the reservoir. The Approving Authority may consider an application for a variance from the requirements listed in §K of this regulation in order to cluster lots as provided under local law. However, the number of clustered lots under two acres may not exceed the number of lots that would have been approvable under §K of this regulation. A variance may not be granted that allows the transfer of density units or development rights to a subdivision located within 2,500 feet of a water supply reservoir. Sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing, exclusive of the backwash from potable water treatment devices, shall receive adequate treatment from a sewage treatment unit before the effluent is discharged to an approved on-site sewage disposal area. On-site sewage disposal systems and replacement areas location requirements: The sewage disposal system is at least 100 feet removed from any water well system in unconfined aquifers and 50 feet from any water well system in confined aquifers. The on-site sewage disposal system is located downgrade from a private water supply. A variance to this requirement may be granted by the Department of the Environment after consideration of hydrogeologic conditions and recommendations of the Approving Authority. The owner of a restaurant or an establishment discharging grease shall install a grease interceptor on each separate kitchen waste drain. Residential Septic Tank Size Criteria. Septic tanks serving a residential use, not requiring a BAT system, shall meet the following criteria and tables. This table provides for use of garbage disposal units, automatic clothes washers, and other household appliances. Criteria of a Residential Septic Tank. A residential septic tank shall have a minimum of two compartments or two tanks in series. A residential septic tank shall be made of materials and constructed in a manner acceptable to the Approving Authority. A residential septic tank shall be watertight. Manufacturers shall certify that septic tanks are watertight. The Approving Authority may require one of the following tests to determine watertightness. Vacuum Testing. Seal the empty tank and apply a vacuum to two inches of mercury. The tank is acceptable if 90 percent of the vacuum is held for 2 minutes. Water-Pressure Testing. Seal the tank with all the inlet and outlet pipes installed. Fill with water and let stand for 24 hours. Refill the tank. The tank is acceptable if the water as level measured in the tank remains the same for one hour. Institutional Septic Tank Criteria. The applicant for an institutional or commercial installation, not requiring a BAT system, shall calculate the minimum septic tank capacity according to the following criteria: Flows of 1,500 gallons per day (gpd) or greater: V = 1,125 gallons + 0.75Q where V = minimum septic tank volume, Q = estimated daily peak sewage flow; Flows of less than 1,500 gallons per day (gpd): V = 1.5 Q; and 1,000 gallons is the minimum septic tank capacity. Septic Tank Criteria where a BAT system is required under Regulation .07 of this chapter. If an approved BAT system includes a septic tank, the permitee shall size the septic tank in accordance with the requirements of the manufacturer or designer of the BAT. Pump Chambers and Equipment Criteria. Pressure distribution systems, including sand mound and at-grade systems, have a pump that provides adequate capacity for handling peak flow at the design head. The design head shall include static head, friction head, and an additional 2 feet of discharge head. The pump is installed to allow the sewage to drain back to the pumping chamber from the distribution system to prevent freezing. Use of check valves is not recommended. A pump is used that can resist the corrosive effects of septic tank effluent. A minimum of 6 inches is provided between the pump intake and the floor of the pumping chamber. The pump is constructed and located to prevent the entrance of surface water or ground water. The dosing frequency is approximately 6 times a day. A minimum of 1-day storage capacity is provided above the high water alarm. A high water alarm is installed within the pumping chamber and wired on a circuit separate from that of the pump. The pumping chamber provides adequate volume to store the sewage between doses. The pump control sensor is located so that it is not affected by flow entering the pump chamber. For residential property the minimum design flow is based on 150 gpd per bedroom. The Approving Authority may establish design flows based on equivalent square footage; however, the minimum design flow may not be less than 300 gpd per residence and 150 gpd per bedroom. The Department shall provide guidance on estimating design flows for commercial and institutional establishments. Design flow is based on the maximum daily flow. Applications for commercial and institutional establishments shall include a proposed design flow for the system. The Approving Authority may approve design flows based upon actual flow measurements, estimated flows for square footage or estimated flow for similar establishments. The design flow may not be less than 400 gpd for a commercial or institutional establishment. Any facility discharging waste other than domestic sewage may be required to obtain an individual groundwater discharge permit. Loading Rates for Onsite Sewage Disposal Systems. A domestic, commercial, or institutional establishment with effluent quality stronger than 300 mg/l biological oxygen demand or 300 mg/l suspended solids shall employ a pretreatment unit to pretreat the effluent to a maximum of 300 mg/l biological oxygen demand and 300 mg/l suspended solids. Maximum loading rates are based on wastewater with the equivalent strength of typical domestic sewage. The maximum loading rates for on-site disposal of sewage by sewage disposal systems are as follows: The absorptive area required is calculated by dividing the appropriate design flow by the appropriate loading rate. Standard trench length is calculated by dividing the required absorptive area by the proposed trench width. Standard Trench System. Approval of Standard Trench System. A standard trench system may be approved by the Approving Authority if an adequate treatment zone and absorptive area are available. The system size is based on bottom absorptive area only. Standard trench length = a ÷ w Minimum distance, sidewall to sidewall, between standard trenches is at least 6 feet of undisturbed soil between 2-foot wide trenches and 9 feet between 3-foot wide trenches. Deep Trench System. Approval of Deep Trench Systems. A deep trench system may be approved by the Approving Authority when sufficient soils are available to allow the use of side walls in determining minimum absorption area requirements and an adequate treatment zone is available. Deep trench length = [(w+2) ÷ (w+1+2d)] × a ÷ w Minimum distance, sidewall to sidewall, between deep trenches shall be two times the effective absorptive depth of gravel in the deepest trench or 18 feet, whichever is the lesser distance. The distance between trenches may not be less than 10 feet. The minimum distance between seepage pits is equal to three times the diameter of the largest pit. Criteria for Large Onsite Sewage Disposal Systems Property with an accumulative maximum daily flow of 5,000 gpd or greater, served by onsite sewage disposal, is a large onsite sewage disposal system. An applicant for a large onsite sewage disposal system with a maximum daily flow of 10,000 gpd, or more, shall obtain an Individual Groundwater Discharge Permit from MDE. The Department may require an applicant for a system with a maximum daily flow of less than 10,000 gpd to obtain an Individual Groundwater Discharge Permit if specific project characteristics warrant additional monitoring or control or special permit requirements. An application for a large on-site sewage disposal system is submitted by the property owner, or property owner’s agent, to the Approving Authority and MDE. Evaluation and review of an application is performed jointly by the Approving Authority and MDE. A large system incorporates uniform low-pressure distribution with dosing and resting features in its design and construction. Suitable sewage disposal area is set aside for the installation of an initial and two replacement systems at 100 percent of the peak daily flow. The initial installation is designed and constructed for 150 percent of the peak daily flow. A nitrogen balance analysis for the groundwater system is performed by a qualified professional and submitted to the Approving Authority and MDE. The nitrogen concentration at the property line or at any point adjacent to a water course does not exceed 10 mg per liter. A mounding analysis is performed by a qualified professional and submitted to the Approving Authority and MDE. The 20-year mound height is estimated and does not rise to a point where the minimum required separation distance between the bottom of the system and the water table is not maintained. Maximum daily flow is used as the basis of disposal area design regardless of the type of treatment unit or disposal method proposed. Greater absorption area than provided for in this regulation may be required by the Approving Authority based on local conditions and experience. Fill material may not be used in conventional subsurface sewage disposal systems except as placed over open chambers or perforated pipe. Sand Mound Systems. The criteria for a sand mound system are: Ground water is located at least 2 feet below the ground surface as measured during the period of the highest water table; Excessively permeable material or fractured bedrock is located at least 2 feet below the ground surface; Percolation rates measured after prewetting utilizing a method that measures vertical permeability are not faster than 1 inch per 2 minutes and not slower than 1 inch per 60 minutes; and The sewage disposal area has a slope of less than 12 percent. The Approving Authority may require the depth to groundwater or fractured rock to be greater than 2 feet below the ground surface to ensure proper operation of a sand mound system if the Approving Authority determines that local conditions make greater depths necessary. The criteria and conditions for performing site evaluation and testing for a sand mound system area: Tests are performed in the least permeable soil horizon which is located in the upper 24 inches of soil; and Tests are conducted with an apparatus which minimizes horizontal movement of water. The criteria for construction of a sand mound are: The long axis of the sand mound and the trench or bed is perpendicular to the slope. All parts of a sand mound shall meet the horizontal separation distance in Regulation .04J of this chapter. The linear loading rate, determined by dividing the design flow by the length of the gravel bed does not exceed 10 gallons per day per foot. A two compartment septic tank or two tanks in series, with an effluent filter installed in the outlet baffle of the second tank or compartment, is used for pretreatment for all sand mounds that do not require BAT. Sand mounds shall use a pressure distribution system which is designed to have a minimum pressure of 2 feet of head at the distal end. The distribution system is installed level on a bed or in a series of trenches with at least 6 inches of gravel below the pipe. The gravel is between 3/4 inch and 2 inches in size and free of fines. A minimum of 2 inches of gravel is placed above the distribution pipe. The gravel is covered with a geotextile filter fabric to prevent sand and fines from entering the gravel. The trench or bed is constructed so that the bottom of the trench or bed is level. The sand beneath the trench or bed is: Of an effective size between 0.25 and 0.5 mm and have a uniformity coefficient of 3.5 or less; or Of an effective size between 0.15 and 0.3 mm and have a uniformity coefficient between 4 and 6 and contain less than 20 percent of material larger than 2.0 mm and less than 5 percent of material less than 0.053 mm. Holes in the distribution lines are free of burrs and other protrusions. The sand mound is covered with approximately a 6 inch layer of top soil and seeded. The sand mound side slopes may not exceed a 3 to 1 grade regardless of the natural slope of the ground. The top of the sand mound is crowned to allow rain water to run off. Settling problems are corrected when they are detected. Observation ports to measure effluent levels in the mound are installed: At the gravel and sand interface in the gravel bed or trench; and At the soil and sand interface beneath the gravel bed. The criteria for sizing sand mounds are: The bed or trenches in the mound are sized to absorb not more than: 1.2 gallons per square foot per day based on the bottom area of the beds or trenches for sand meeting the specification set forth in §V(4)(k)(i) of this regulation; and 1.0 gallons per square foot per day based on the bottom area of the beds or trenches for sand meeting the specification set forth in §V(4)(k)(ii) of this regulation. The sand mound has a basal area sized to absorb effluent in accordance with the following: For a vertical percolation rate between 2 minutes per inch and 30 minutes per inch, not more than 1.2 gallons per square foot per day; For a vertical percolation rate between 31 minutes per inch and 45 minutes per inch, not more than 0.75 gallons per square foot per day; and For a vertical percolation rate between 46 minutes per inch and 60 minutes per inch, not more than 0.5 gallons per square foot per day. The basal area includes only that area that is directly below the trenches or bed and that area downslope from the trenches or bed. The amount of sand fill below the trench or bed may not be less than 1 foot. The total distance from the bottom of the trench or bed to the high water table may not be less than 4 feet except when a lesser separation is approved pursuant to Regulation .04C(3)(a) of this chapter. A minimum 25 foot wide area downslope of the sand mound is designated on a plan as an area protected from compaction and grading and free of structures such as buildings and driveways. If a limiting horizon that may restrict the vertical flow of effluent through the soil beneath the sand mound is present, this 25 foot wide area may be increased. Site preparation requirements are: The site is not compacted by earthmoving or other equipment; The grass or other vegetation is cut and removed as much as possible; The soil is plowed to a depth of 6 inches perpendicular to the slope; Work may not be done during wet weather, during wet soil conditions, or during freezing and thawing conditions; Trees on the site are cut at ground level and the stumps left in place; and A certified sand mound installer is present during construction of all sand mounds. Certification of Installers. A sand mound system may only be installed by a certified installer. The Maryland Department of the Environment may award a sand mound installer certification if the applicant has successfully completed a course of study and examination in the practice of construction of mound systems. The course and examination shall be approved by the Department of the Environment. The course of study and examination shall be given at least once each year by the Department of the Environment or the Department’s designee. The certification is valid for a period of 3 years and may be renewed if the installer has complied with all the applicable laws and regulations. The Maryland Department of the Environment may withdraw certification at any time for violation of these regulations. At-Grade Systems. The criteria for the use of an at-grade system are: Ground water is located at least 4 feet below the ground surface as measured during the period of the highest water table; Excessively permeable material or fractured bedrock is located at least 4 feet below the ground surface; Percolation rates measured after prewetting utilizing a method that measures vertical permeability are not faster than 1 inch per 2 minutes and not slower than 1 inch per 60 minutes; and The sewage disposal area has a slope of less than 12 percent. The criteria and conditions for performing a site evaluation and testing for an at-grade system are: Tests are performed in the least permeable soil horizon which is located in the upper 30 inches of soil; and Tests are conducted with an apparatus which minimizes horizontal movement of water. The criteria for construction of an at-grade system are: The long axis of the trench or bed is perpendicular to the slope; All parts of an at-grade system shall meet the horizontal separation distance in Regulation .04J of this chapter; The linear loading rate, determined by dividing the design flow by the length of the gravel bed may not exceed 9 gallons per day per foot; A two compartment septic tank or two tanks in series is used for pretreatment for all at-grade systems that do not require BAT; An at-grade system uses a pressure distribution system designed to have a minimum pressure of 2 feet of head at the distal end; The distribution system is installed level on a bed or in a series of trenches with at least 6 inches of gravel below the pipe; The gravel is free of fines and is between 3/4 inch and 2 inches in size; A minimum of 2 inches of gravel is placed above the distribution pipe; The gravel is covered with a geotextile filter fabric to prevent fines from entering the gravel; Holes in the distribution lines are free of burrs and other protrusions; An at-grade system is covered with approximately a 12 inch layer of top soil and seeded; An at-grade system’s side slopes may not exceed a 3 to 1 grade and shall extend a minimum distance of 5 feet from the gravel bed regardless of the natural slope of the ground; The top of the at-grade system is crowned to allow rain water to run off; and Settling problems are corrected when they are detected. Criteria for Sizing an At-Grade System. The at-grade system has an effective gravel absorption area sized to absorb effluent in accordance with the following: 2 to 15 minutes per inch — 0.8 gallons per day per square foot; 16 to 30 minutes per inch — 0.6 gallons per day per square foot; and 31 to 60 minutes per inch — 0.4 gallons per day per square foot. The total distance from the bottom of the trench or bed to the high water table may not be less than 4 feet except when a lesser separation is approved pursuant to Regulation .04C(3)(a) and.04D of this chapter. A minimum 25 foot wide area downslope of the at-grade system is designated on a plan as an area protected from compaction and grading and shall remain free of structures such as buildings and driveways. If a limiting horizon is present beneath the at-grade system, this 25 foot wide area may be increased. The criteria for preparing a site for an at-grade system area: The site may not be compacted by earthmoving or other equipment; The grass or other vegetation is cut and removed as much as possible; The soil beneath the entire at-grade is plowed to a depth of 6 inches perpendicular to the slope; Work may not be done during wet weather, during wet soil conditions, or during freezing and thawing conditions; and Trees on the site are cut at ground level and the stumps left in place. Certification of Installers. At-grade systems may only be installed by a certified installer. The Maryland Department of the Environment may award an at-grade installer certification, if the applicant has successfully completed a course of study and examination in the practice of construction of at-grade systems. The course and examination shall be approved by the Department of the Environment. The course of study and examination shall be given at least once each year by the Department of the Environment or the Department’s designee. An at-grade system may be installed if a certified at-grade installer is present during the construction of the at-grade system. The certification is valid for a period of 3 years and may be renewed prior to its expiration if the installer has complied with all the applicable laws and regulations. The Department of the Environment and the Approving Authority shall consider reasonable methods for correcting existing system failures and providing facilities for homes that lack indoor plumbing and will provide the best technical guidance in attempting to resolve existing pollution or public health problems. If a public sewer is not available and a conventional on-site sewage disposal system design cannot alleviate the problem or does not provide the best method of correction, the Department may approve new technology or experimental systems. Innovative or alternative technology or experimental designs may also be used for new construction on existing lots of record. The use of non-conventional on-site sewage disposal systems on new construction where site limitations preclude the use of conventional on-site disposal systems shall be reviewed and approved using professional judgment. The site conditions, soil properties and ground water condition at the proposed site shall demonstrate adequate support for successful use of the proposed system as an alternative to a conventional on-site sewage disposal system. Limits for Experimental Non-Conventional On-Site Sewage Disposal Systems Used in New Construction. The number of experimental non-conventional disposal systems approved for use on new construction is limited by: The availability of personnel and equipment required for the extensive monitoring and evaluation associated with the installation of these systems; and A system’s potential to provide data required to adequately evaluate system operation on a site experiencing one of the major restrictions for conventional on-site sewage disposal systems found in Maryland. Submission of Proposals. An applicant shall submit an application to the local Approving Authority and the Department of the Environment for review and approval. The applicant shall follow the following procedures. The Approving Authority may elect to perform the site evaluation or request the applicant to retain a professional consultant to prepare a hydrogeological report to demonstrate that the soil properties and ground water conditions at the proposed site supports the use of the proposed system. In all cases, the site evaluation should be performed with the assistance of the Water Management Administration’s Regional Consultant of the Department of the Environment. The professional consultant retained by the applicant shall have adequate experience in examining soil properties and ground water, preferably in Maryland. The applicant shall obtain any available information on the effectiveness of the proposed system in use in similar settings, and shall submit this information as well as the hydrogeological report, to both the local Approving Authority and the Department of the Environment. Non-Conventional On-site Sewage Disposal System Design. System design may commence if both the local Approving Authority and Maryland Department of the Environment approve of the site and grant a permit for the proposed system. The applicant shall arrange for professional engineer, an Environmental Health Specialist, or other qualified consultant as determined by the Approving Authority, to design the proposed system. The applicant shall submit one set of drawings to the local Approving Authority and one set to the Department of the Environment for concurrent review and approval. If a non-conventional on-site sewage disposal system, requires specialized operation or extensive maintenance, the applicant shall submit a satisfactory agreement that has been signed by the applicant, the local Approving Authority and Maryland Department of the Environment, which assures proper operation and adequate maintenance. For example, the Department and the Approving Authority may require a service contract for the life of the system. The applicant shall record in the land records notice that the property is served by a non-conventional sewage disposal system and that the system requires special operation and maintenance, and shall submit a copy of this notice to the Approving Authority before a permit to construct may be issued. Monitoring requirements shall be determined using professional judgment. The local Approving Authority and the Department of the Environment shall monitor these systems for not less than 2 years after construction and full use. Results from monitoring and testing programs will be used by the Department of the Environment in establishing new criteria for the use and design of non-conventional on-site sewage disposal systems. Non-conventional on-site sewage disposal systems may not be considered as acceptable on-site sewage disposal systems with regard to the subdivision of land pursuant to COMAR 26.04.03. A person may not install, or have installed, an onsite sewage disposal system unless the onsite sewage disposal system utilizes BAT for any of the following: New construction in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas; A replacement system to serve a property in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas. A person may not install, or have installed, for new construction or a replacement system an onsite sewage disposal system where the design flow is 5000 gallons per day or greater unless the sewage disposal system utilizes BAT or equivalent technology. New construction does not include the renovation, repair, or change of use of an existing residence or other building unless: The residence or building is located in a Critical Area; and The Approving Authority finds that residence or building’s existing onsite sewage disposal system is not adequate to serve the proposed changes, in accordance with this chapter. This regulation does not preempt a local jurisdiction's authority to require a BAT system outside the Critical Area in order to protect public health or the waters of the State. The property owner shall maintain and operate all new and existing BAT systems for the life of the system through one of the following management measures: The BAT system is operated and maintained by a responsible management entity approved by the Department, and established by the Approving Authority or local government, to assume operation and maintenance of BAT systems; The BAT system is covered by a renewable operating permit, which is issued by or required by the Approving Authority and which includes enforcement provisions, inspections, and monitoring; or The BAT system is operated and maintained by a certified service provider. The owner shall ensure the BAT system is inspected and has necessary operation and maintenance performed at a minimum of once per year. All BAT systems sold in the State shall include both a two-year operation and maintenance contract and a two-year warranty, which shall be in effect at the point of initial installation. Certified Service Providers. The Department shall maintain a list of certified service providers. An individual may become certified if he completes and passes a course of study on operation and maintenance of BAT systems approved by the Department. The course of study shall include instruction on how BAT systems function as well as elements on operation, maintenance, and repair of BAT systems. The Department may revoke a certification of service provider for BAT systems for violation of these regulations. A certified service provider shall report on inspection, operation and maintenance activities to the Department, or the Department’s designee, in a manner acceptable to the Department on a yearly basis prior to the yearly anniversary of the date of installation. The certified service provider shall have a certificate of qualification from the manufacturer, vendor or the local representative of the BAT system being serviced. A property owner may obtain certification as a service provider to maintain his system personally, subject to all the requirements of this regulation pertaining to operating and maintaining BAT systems. A person who has completed a course of study approved by the Department for the installation of BAT, and has a certification of qualification for installing BAT systems from the manufacturer, is required to be present on the property while a BAT unit is installed. Within 1 month of the completion of an installation, a person installing a BAT system shall report to the Department, or the Department’s designee, in a manner acceptable to the Department, the address and date of completion of the BAT installation and the type of BAT installed. The owner of an onsite sewage disposal system with a design flow less than 1500 gpd, requiring a BAT system under §A or D of this regulation, may only install: A BAT system that has been approved by the Department; or An individually engineered nonproprietary BAT system if a governmental agency or their designee is the responsible management entity or issues renewable operating permits. The owner of an onsite sewage disposal system with a design flow greater than 1,500 gpd, requiring a BAT system under §A, B or D of this regulation may only install a BAT system that is individually engineered for the site and approved by the Department or the Department’s designee. A permitee shall construct a BAT unit in a manner and of materials acceptable to the Department and the Approving Authority. If the applicant demonstrates that extremely low, variable or sporadic wastewater flow results in malfunctioning of the BAT system, the Department may grant a variance to the BAT requirement upon a request from the Approving Authority. A person may not build a privy unless the privy will, in the judgment of the Department, prevent: The soil from coming in contact with any fecal matter; and Flies from gaining access to any fecal matter. Privies shall be located and constructed so as to prevent contamination of ground and surface water. A privy shall be constructed in such a manner as to be insect and rodent free and to prevent odor nuisances. Location and construction plans shall be approved by the Approving Authority before issuing a sewage disposal construction permit. Chemical toilets shall be constructed of impervious materials, vented to the outside air above the roof line of the structure housing them, and supplied with an adequate amount of the chemical agent used to reduce and deodorize the tank contents. Chemical toilets shall be used only for special term events, construction projects and in the abatement of problems. When privies or chemical toilets become filled to recommended capacity, the owner shall remove the contents and dispose of the sewage in accordance with Regulation 09 of this chapter. The owner of a septic tank, seepage pit, privy, or watertight holding tank for sewage shall remove all solid and liquid contents as to prevent a nuisance or a menace to public health or comfort and shall dispose of the sewage in compliance with applicable State and local requirements. Transportation. A person engaged in the transportation of septage shall comply with §B(2) and (3) of this regulation. Vehicle Requirements. The owner of each vehicle used for transporting septage shall maintain the vehicle in a clean and sanitary condition; and Each vehicle is subject to inspection by the Department or the Department’s designee. The owner shall comply with following vehicle identification requirements: The name of the septage hauler is legibly lettered on both sides of each vehicle used for transporting septage, and the lettering is at least 3 inches in height. The words “Sewage Only” is lettered on the rear of each vehicle and shall be at least 4 inches in height. The Department of the Environment may grant variances to area, well siting, distances and slope requirements of these regulations upon the recommendation of the Approving Authority provided that the public health is protected. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority. A person who violates any provision of these regulations shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not less than $50 and not more than $100 for each offense. Each day’s failure to comply with any provision of these regulations shall constitute a separate violation. The Approving Authority may also seek injunctive relief to enforce provisions of this regulation by initiating appropriate civil proceedings. Environment Article, §§9-216, 9-217, 9-223, 9-252, 9-319, 9-510, 9-1108, 10-103, 10-301, and 10-304, Annotated Code of Maryland Effective date: Regulations .01—.05 effective November 16, 1953; amended effective July 1, 1957, November 15, 1957, June 8, 1965, October 15, 1966, April 1, 1967, December 1, 1970 Regulations .01E and .02C amended, .02C-1 adopted effective December 17, 1984 (11:25 Md. R. 2134) Regulations .06—.16 effective November 16, 1953 Regulation .17 effective June 1, 1957 Regulations .18—.21 effective November 16, 1953 Chapter recodified from COMAR 10.17.02 to COMAR 26.04.02 Regulations .01—.21 repealed and new Regulations .01—.11 adopted effective November 18, 1985 (12:23 Md. R. 2218) Regulations .01, .02, .04, and .05 amended as an emergency provision effective May 6, 1986 (13:11 Md. R. 1267); emergency status extended at 13:20 Md. R. 2205 Regulation .01 amended effective November 3, 1986 (13:22 Md. R. 2398) Regulation .02 amended effective November 3, 1986 (13:22 Md. R. 2398) Regulation .04 amended effective November 3, 1986 (13:22 Md. R. 2398) Regulation .05 amended effective November 3, 1986 (13:22 Md. R. 2398) Regulation .06 amended effective November 3, 1986 (13:22 Md. R. 2398) Regulation .11 amended effective November 3, 1986 (13:22 Md. R. 2398) Map recodified as Regulation .12 Regulation .01B amended effective March 25, 1996 (23:6 Md. R. 477) Regulation .02C and D amended effective April 27, 1992 (19:8 Md. R. 806) Regulation .03C amended effective March 25, 1996 (23:6 Md. R. 477) Regulation .04J amended effective July 4, 1994 (21:13 Md. R. 1160) Regulation .05O and Q amended effective April 27, 1992 (19:8 Md. R. 806) Regulation .08 amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .10 amended effective October 26, 1992 (19:21 Md. R. 1894) Chapter revised effective January 1, 2013 (39:19 Md. R. 1238) Regulations .01—.12 repealed and new Regulations .01—.12 adopted; Map recodified as Regulation .13 effective May 12, 2014 (41:9 Md. R. 522) Regulation .01B amended effective April 8, 2019 (46:7 Md. R. 371) Regulation .05K amended effective April 8, 2019 (46:7 Md. R. 371) Regulation .07 amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .09B amended effective February 13, 2017 (44:3 Md. R. 190) It is the intent of this chapter to ensure that subdivisions developed in the State are served by an adequate community water supply and community sewerage system or, when developed in the absence of either a community water supply or community sewerage system, provide for an adequate and safe supply of drinking water and for the safe disposal of sewerage on each building site until such time as community water and sewerage facilities are made available. This chapter also applies to mobile home parks constructed in the absence of community water or sewer systems. In this chapter, the following terms have the meanings indicated. Terms Defined. “Approving Authority” means the Secretary of the Environment or his designee. “Community sewerage system” means any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage and industrial wastes. “Community water supply system” means a source of water and a distribution system, including treatment facilities and storage facilities, whether publicly or privately owned, serving two or more individual lots. “County plan” means a comprehensive plan and all amendments and revisions of it for the provision of adequate water supply systems and sewerage and solid waste disposal systems and solid waste acceptance facilities throughout the county to include all towns, municipal corporations, and sanitary districts in it. “Developer or subdivider” means a person, persons, partnership, firm, corporation, or cooperative enterprise undertaking or participating in the development of a subdivision. “Fifty-year flood plain” means that area which would be inundated by storm water runoff equivalent to that which would occur with a rainfall of 50-year frequency, and is designated in the soil survey for a particular jurisdiction and to include the additional drainage which would accumulate from developed areas above the site under consideration. “Individual sewerage system” means a single system of sewers and piping, treatment tanks, or other facilities serving only a single lot and disposing of sewage or individual wastes of a liquid nature, in whole or in part, on or in the soil of the property, into any waters of this State, or by other methods. “Individual water supply system” means a single system of piping, pumps, tanks, or other facilities utilizing a source of ground or surface water to supply only a single lot. “Lot” means a part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. “Lot area” means the total usable area which is included within the rear, side, and front lot lines but to exclude those areas: Covered by mean high tide; In an existing or proposed public road; and Having land sloped exceeding 25 percent and areas located within the 50-year flood plain. “Lot width” means the horizontal distance between the side boundaries of the lot as measured at the: Line which forms the roadside boundary of the lot; Building setback line; or Sewage disposal area, if a minimum 20-foot wide area extending from the roadway to the individual water supply and sewage disposal area is delineated for access to those systems. “Minimum ownership” means the minimum ownership area which may be required to be titled and recorded in the name of a person or persons, partnership, firm, corporation, or cooperative enterprise when community water or sewerage systems are not available. More than one lot may be included in the minimum ownership area. “Preliminary plan” means a drawing of a proposed subdivision containing information as required by these regulations for review by the Approving Authority. “Record plat” means a completed drawing of the subdivision which contains all pertinent information required by these regulations and any other data necessary for recording plats. “Soil survey” means the scientific inventory consisting of soil maps, soil unit descriptions, classification in the National System, and interpretations for use, as conducted by the National Cooperative Soil Survey by the U.S. Department of Agriculture, Soil Conservation Service, in cooperation with the Maryland Agricultural Experiment Station. “Subdivision” means the division of a single tract, tracts, or other parcels of land, or a part of it, into two or more lots, for the purpose, whether immediate or future, of sale or of building development. Subdivision includes a change in street lines or lot lines, unless the Approving Authority determines that the change will not adversely affect the safety and adequacy of well sites or sewage disposal areas of the subject lot or adjacent lots. However, division of land for agricultural purposes into parcels of more than 3 acres, not involving any new street or easement of access, may not be included within the meaning of “subdivision”. Any developer or subdivider contemplating the subdivision of land, before preparation of a preliminary plan, may request a review by the Approving Authority and other agencies having jurisdiction to secure information concerning general requirements in the area in which the proposed subdivision is to be located. If individual water supply or individual sewerage systems are contemplated, rejection or tentative approval may be secured at this time by submitting a boundary plat of the proposed subdivision and by drilling test wells and performing soil percolation tests on the entire tract in the numbers and at the locations as the Approving Authority may require, but not less than one percolation test per acre. The soil percolation tests should be performed only at the time of year when the highest water table can be expected as indicated for a given area by the soil survey. The results of the percolation tests shall be considered along with available data on the general topography, soil classifications, surface and subsurface drainage conditions, elevation of the water table, the history of failures of sewerage systems and individual water supplies in adjacent areas, and the extent of sewerage systems and individual water supply development in the adjacent area. The development of a subdivision may not be considered where, in the opinion of the Approving Authority, the infiltration of individual sewerage system wastes may result in the contamination of the ground water. Application for approval of a subdivision shall include a preliminary plan and any other forms required by the Approving Authority. These forms shall include a description of the methods proposed for providing water supply and sewage disposal. Where individual water supply or sewerage systems are contemplated, the Approving Authority shall require at least one percolation test on each lot at the approximate disposal site, and any other tests as may be required, to be conducted under the supervision of the Approving Authority, with the resultant data becoming part of the application. The soil percolation test sites will be shown on the preliminary plan. In those areas where the soil survey indicates moderate or severe restriction due to seasonal high water tables, the percolation tests shall be performed at the time of year when the highest water table can be expected as indicated for a given area by the soil survey. The tests shall be performed at such elevation as to leave undisturbed soil for the underground sewage disposal area after grading is completed. The Approving Authority shall consider the general topography of the area, soil classifications, surface and subsurface drainage conditions, elevation of the ground water table, the history of failures of sewerage systems, and well water supply development in the adjacent area. The preliminary plan of a subdivision shall be clearly drawn to scale and shall show street arrangements, building lines, right-of-ways, utility and drainage easements, lot dimensions, and lot area. All lots shall be numbered. Topography shall be shown on 2-foot contours, provided, however, that if ground slope is sufficiently steep for 5-foot contours to show the surface configuration, the Approving Authority may permit use of the larger contour interval. Smaller contour intervals may be required where 2-foot contours do not indicate existing surface conditions. A general site location map shall be included with the preliminary plan for reference identification of the area. At least two white prints of the preliminary plan shall be submitted to the Approving Authority. If a community water supply or community sewerage system is to be used in the development of any new subdivision, the record plat shall contain a statement, signed by the Approving Authority, to the effect that use of the community water supply or community sewerage system is in conformance with the county plan. The record plat shall also contain a statement, signed by the owner, that the facilities will be available to all lots offered for sale. If a community water supply or community sewerage system is to be constructed to serve any new subdivision, the record plat shall contain a statement, in addition to the above, signed by the owner, to the effect that plans for the facilities, including any necessary point of discharge, have been approved by the Department of the Environment. The Approving Authority shall require of the owner any assurance he deems necessary that the facilities will be maintained and operated so as to provide for a continuous and acceptable water supply or sewage disposal service to the properties served. If individual water supplies or individual sewage systems are to be used to serve any new subdivision, the preliminary plan shall show the proposed location of water supply wells, sewage disposal areas, location of percolation tests, and shall include the location of existing wells and sewerage systems located within 100 feet of the proposed subdivision boundaries. All lots in a subdivision proposed for uses other than single family dwellings, such as churches, public utilities, shopping centers, multi-family dwellings and buildings, general commercial or industrial buildings, shall be designated for that use on the preliminary plan, together with scale dimensions and approximate area of each site. Where individual water supply or individual sewerage systems are proposed for the facilities, these sites shall be planned with due regard for the size of the system that will be required and the necessary land area which shall be provided for the installation and replacement of the systems. Within 30 days after completion of the required tests and after consultation with other official agencies and review of all pertinent data, if the Approving Authority is satisfied that the site is suitable for the proposed water supply and sewage disposal installations, an approval to proceed will be issued. Lots may not be sold for purposes of construction or construction begun in any subdivision without the approval of the Approving Authority. If a record plat is not filed within 6 months of the approval of the preliminary plan, the approved preliminary plan shall become null and void, provided, however, that extension may be granted at the discretion of the Approving Authority upon written request for not more than 12 months following the termination date of the preliminary plan. A subdivision plat may not be recorded in the land record offices of this State unless it bears the signature of the Secretary or the Secretary's designee. In all subdivisions, individual water supply and sewage disposal facilities may be permitted when in conformance with the county plan and where the following acceptable physical conditions are present: topography, soil types, surface and subsurface drainage, and the absence of a fluctuating high water table. These determinations shall be based upon available information which shall include the history of individual water supply and individual sewerage system failures in adjacent areas, extent of existing individual water supplies and sewerage systems, information obtained from the soil survey for the jurisdiction, standard percolation tests, available geologic and hydrologic data and any other information which may be available. Minimum ownership of property shall be determined in accordance with the following criteria: For each dwelling unit a minimum area of 10,000 square feet exclusive of buildings, easements, right-of-ways, and other permanent or physical objects, shall be provided for the subsurface disposal of sewage. Minimum ownership shall be determined in accordance with provisions of Regulation .02A, B, and C of this chapter, and the following table: Where soil percolation test results indicate readings of less than 1 minute for a 1 inch drop, the approval or rejection of the area for subdivision purposes shall be at the discretion of the Approving Authority. Percolation tests shall be made in sufficient number and at the locations specified by the Approving Authority. Areas included in the table are subject to exclusions designated in Regulation .01-1B(10) of this chapter. Minor variations in lot widths and total area given in the table not exceeding 5 percent of the table values may be allowed when, in the opinion of the Approving Authority, conditions warrant these variations. Where community sewerage is available and individual water supply systems must be utilized, the minimum lot area shall be 10,000 square feet with a minimum of 75 feet. In this situation the lot area may include areas having land slopes exceeding 25 percent. In subdivisions where individual water supplies and individual sewerage facilities are authorized, the developer may subdivide the property in a manner which will provide for smaller lots than determined by the table in §A(2) of this regulation. However, a notation shall be made on the preliminary plan and on the record plat that the minimum ownership shall be equal to the minimum width and minimum area established by the table until community sewerage and water have been made available. Not more than one principal building may be erected or constructed on a lot, or lots, contained in the minimum ownership area as established by the table until community sewerage has been made available. Over 30 minutes unacceptable In subdivisions where individual water supplies or individual sewerage systems are proposed, if the Approving Authority finds that the lot sizes permitted in §A(2) of this regulation will not assure the safety of individual water supplies or the continued functioning of individual sewerage systems, he shall reject the subdivision plan or require its amendment to provide increased lot sizes. In making the amendments, the Approving Authority shall include the following factors along with any others which may be given: Topography; Soil type and condition; Surface and subsurface drainage; Water table level; History of failures of individual sewerage systems in adjacent areas; and Extent of individual water supply or individual sewerage system development in adjacent areas. In subdivisions near or adjacent to existing or proposed potable water supply reservoirs, a lot located within 2,500 feet of the normal water level, measured horizontally, may not have installed an individual sewerage system unless it has an area of not less than 43,560 square feet with a minimum width of 175 feet. In addition, no part of the sewage disposal facility may be closer to the normal water level, measured horizontally, than is given below: Normal water level shall be the elevation of the spillway crest. These limitations may not apply to areas below the dam forming the reservoir. In subdivisions near or adjacent to streams used as potable water supply sources, a lot location within 5,000 feet upstream from the water intake may not use an individual sewerage facility unless it has an area of not less than 43,560 square feet with a minimum width of 175 feet. In addition, no part of the sewage disposal facility may be closer to the stream bank than is given below: The lot sizes designated in §A, of this regulation, may not apply when community water supply and community sewerage facilities are available or under construction contract. When these community utilities are used, lot size requirements shall be those designated by the planning and zoning authority, or other authorities or agencies having jurisdiction in the area. Individual water supply and sewerage systems may be provided on an interim basis as authorized by the county plan. Where the installation of a community water supply or a community sewerage system, or both, is to be provided, plans for the installation shall be subject to the approval of the Approving Authority and the Department of the Environment. Where a community water supply system or community sewerage system, or both, is proposed for a subdivision and is to be operated by an entity such as an individual, partnership, or a utility corporation rather than a public agency, the operating entity shall comply with the regulations of the Public Service Commission (Article 78, Annotated Code of Maryland) and shall be responsible for operation and maintenance of the system. In all cases the operating entity shall be approved by the Approving Authority and the Department of the Environment. This approval shall be conditioned upon the financial and ownership requirements as are found necessary to assure continued, efficient, and effective operation of the system. The Department of the Environment may grant minor variances to area, well siting, distance, width, and slope requirements of these regulations, if lot configuration and physical circumstances so require, upon the recommendation of the Approving Authority provided that the public health is protected. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority. Any person who violates the provision of any of these regulations shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not less than $50 and no more than $100 for each offense and such other penalties as may be provided by law. Any preliminary plan or record plat of a subdivision which has been submitted to the Approving Authority before the date of adoption may not be required to comply with these regulations, if final approval and recordation, when required by law, is completed no later than 6 months from the date of adoption. Environment Article, §9-506, Annotated Code of Maryland Effective date: March 3, 1972 Regulation .01P amended effective December 14, 1979 (6:25 Md. R. 1981) Regulation .02K amended effective February 24, 1986 (13:4 Md. R. 396) Regulation .04-1 adopted effective February 24, 1986 (13:4 Md. R. 396) Regulations .04-1—.07 recodified as Regulations .05—.08 Chapter recodified from COMAR 10.17.03 to COMAR 26.04.03 Preface amended and codified as Regulation .01 and Regulation .01 amended and recodified as Regulation .01-1 effective February 10, 1997 (24:3 Md. R. 190) Regulation .06 repealed and new Regulation .06 adopted effective October 26, 1992 (19:21 Md. R. 1894) Purpose. This chapter establishes the standards and procedures applicable to the construction, abandonment and maintenance of wells in Maryland. Pre-emption of Local Authority. In accordance with Environment Article, §9-1304, Annotated Code of Maryland, the regulations of this chapter are the only procedures and standards applicable to construction of wells. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandonment” means to discontinue the use of a well permanently. “Annular space” means the space between casings or between the casing and borehole. “Approving Authority” means the Secretary of the Environment or the Secretary’s designee. “Aquifer” means a formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to a well. Bedrock. “Bedrock” means solid rock that underlies gravel, soil, or other superficial material. “Bedrock” also means in absolute terms material that a 6-inch auger, equipped with carbide cutting teeth, penetrates at a rate of less than 1 inch in 3 minutes. “Bentonite” means a colloidal clay, composed of at least 85 percent sodium montmorillonite. “Bored well” means any excavation made using power driven equipment where the drill consists of a continuous spiral of metal solid or hollow stem auger or bucket attached to a shaft and where the excavated material is brought to the ground surface by upward movement along the surface of the spiral or removed by lifting the spiral or bucket. “Borehole” means a hole drilled or bored into the earth, into which casing, screen, liners, grout, gravel pack and other physical objects that may be installed to construct a well. The generalized term includes the excavations for dug, driven, and jetted wells. “Casing” means any metal, plastic or other pipe installed from the surface to either the bedrock or screened aquifer in the borehole. “Cathodic protection well” means a well constructed to minimize the electrolytic corrosion of metallic equipment that comes in contact with the ground. “Cluster” means a group of wells that are constructed for the same use on the same property. “Confined aquifer” means an aquifer that is bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and contains ground water under pressure greater than that of the atmosphere. This term is synonymous with the term “artesian aquifer”. “Confining layer” means a body of impermeable or of distinctly less permeable material stratigraphically adjacent to one or more aquifers. “Department” means the Department of the Environment. “Development” means the process whereby a well is pumped, surged, bailed, airlifted, swabbed, or jetted to remove any material that may be blocking the well screen or fractures within the borehole. “Disinfection” means the inactivation or removal of those agents that may cause infection. “Domestic well” means a well used to supply potable water to one or more dwellings. “Driven well” means any well in which the casing is manually or mechanically driven into the ground with little or no material excavated during well construction. “Dug well” means any well made using only hand tools. “Emergency condition” means: The lack of water poses an immediate and significant danger to the health and welfare of persons, livestock, domestic fowl, or crops; or The Approving Authority has determined that other exceptional circumstances exist. “Geothermal well” means a well used to transfer heat to or from the ground or ground water. “Grout” or “grouting material” means a stable, impervious bonding material that is reasonably free of shrinkage and is capable of providing a watertight seal in the annular space throughout the depth required. “Hydrofracturing” means a method of developing or reworking an existing well whereby water is pumped down the borehole under pressure in an attempt to increase the well's yield. “Industrial well” means a well used to supply water to an industrial or commercial facility for use in processing, washing, or manufacturing of goods and services. “Injection well” means any hole made in the ground to inject fluids into any underground formation from which ground water may be produced. “Irrigation well” means a well that is used for watering crops other than residential lawns and gardens. “Jetted well” means any well made using water under pressure as a means of drilling or penetrating the ground. “Jetted-driven well” means a jetted well where the diameter of the excavation is less than the diameter of the well casing used and the well casing is driven into the excavation. “Liner” means a pipe that is installed inside a completed and cased well or borehole to: Protect the integrity of the borehole; Seal off zones of undesirable quality; Repair compromised casing or; Repair compromised screens. “Monitoring well” means a permanent well used for: Determining the water table; Determining the potentiometric surface of an aquifer; Obtaining a ground water sample; or Ground water withdrawal for remediation purposes. “Non-potable well” means a well that is not used or intended to be used as a drinking water supply. “Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “Piezometer” means a nonpumping well of a temporary nature to measure water tables. “Pitless adapter” means a device designed for attachment to the exterior of a well casing and equipped with lateral connections designed for the attachment of pipes leading from the well for purposes of conducting water to a distribution system and allowing extension of well casing above grade. “Pitless unit” means a device designed to replace a section of casing with lateral connections designed for the attachment of pipes leading from the well for the purposes of conducting water to a distribution system and allowing extension of well casing above grade. “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of the State, including a change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of this State that will render the waters harmful or detrimental to: Public health, safety, or welfare; Domestic commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; Livestock, wild animals, or birds; or Fish or other aquatic life. “Potable water” means water that is free from impurities in amounts sufficient to cause disease or harmful physiological effects and that conforms with the maximum contaminant levels as adopted by the United States Environmental Protection Agency and listed in 40 CFR §141, Subpart G as amended. “Public well” means a well that is used to supply water to a public water system as defined in COMAR 26.04.01. “Replacement well” means a well that is to replace any existing water supply. Reworking. “Reworking” means the rehabilitation or modification of a well. “Reworking” includes but is not limited to: Removing and replacing well screen; Placing a new screen in a well; Placing liner pipe in a well; and Redevelopment of a well. “Reworking” does not include: Increasing the diameter of a well; or Deepening of a well. “Standby well” means a water supply well that is a backup to the primarily used water supply well which meets the construction and potability standards of this chapter. “Test well” means a well used for the purpose of exploring for ground water for a water supply and used to determine aquifer properties. “Unconfined aquifer” means an aquifer that is not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and contains ground water under pressure approximately equal to that of the atmosphere. This term is synonymous with the term “water table aquifer”. “Variance” means a deviation from the requirements of these regulations granted by the Department according to the provisions of Regulation .37. “Water supply well” means every type of well, except monitoring and closed loop geothermal wells. “Well” means a hole made in the ground: To explore for ground water; To obtain or monitor ground water; To inject water into any underground formation from which ground water may be produced; or To transfer heat to or from the ground or ground water, if the hole: Extends more than 20 feet below the surface of the ground; and Is not a well for obtaining geothermal resources under Environment Article, §5-601, Annotated Code of Maryland. An application for a well construction permit shall be made on the forms provided by the Approving Authority. A separate application shall be made for each well, except that a single application may be made for a cluster of wells under one of the following conditions: The cluster is for closed loop geothermal or dewatering wells and the maximum number of wells drilled per application is 20; or The cluster is for piezometers used in spill control investigations and other groundwater investigations required by the Department. If piezometers are converted to permanent monitoring wells, a tag must be obtained for each one. An application shall be legible and complete. An illegible or incomplete application may be returned to the applicant with a statement of the reason for rejection. An application for a well construction permit shall be submitted to the Approving Authority for review, except for: An application for a test well for a public water supply system or a public well, which shall be submitted to the Department through the Approving Authority; and An application for a water supply well for use on a dairy farm, which shall be submitted to the Approving Authority who shall submit to the Maryland Department of Health for review prior to issuance. An application for an injection well shall be submitted to the Department through the Approving Authority. An application for dewatering wells shall be made to the Approving Authority if: The wells will be deeper than 30 feet; The well will be in use for greater than 30 days; or The well will contain pumping equipment. An application for a cluster of wells shall include a drawing indicating the location of each proposed well on the property. For a well permitted as part of a cluster that is proposed to be converted to a permanent monitoring well a separate application shall be made. The Approving Authority may request additional information deemed necessary to consider the application. Application Review and Approval. The Approving Authority shall review the application for completeness and notify the applicant of any additional information needed. The Approving Authority shall approve the application if: The application is complete; The proposed well meets the criteria of §B of this regulation; The proposed source or sources of drilling water meets the requirements of this chapter; The Approving Authority has received the required well permit fee, if applicable; and One of the following conditions regarding water appropriation or use permitting is met: An application for an appropriation or use permit has been submitted, if required, in accordance with applicable State law and regulation; or A notice of exemption, if required under Environment Article, §5-502, Annotated Code of Maryland, has been made with the Department. If it approves the application, the Approving Authority shall sign the application and issue a well construction permit. An application that has been disapproved by the Approving Authority shall be returned to the applicant with a statement of the reasons for disapproval. Criteria for Approval. A proposed well construction shall be in accordance with the applicable Master Water and Sewer Plan, promulgated in accordance with Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland. A proposed well location for a water supply or open loop geothermal well shall satisfy the following minimum horizontal distance requirements: 10 feet from a property line; 15 feet from a road or dedicated right-of-way; 30 feet from a building foundation; 100 feet from identifiable sources of contamination and designated subsurface sewage disposal areas if the proposed well will utilize an unconfined aquifer as a water supply source; 50 feet from identifiable sources of contamination and designated subsurface sewage disposal areas if the proposed well will utilize a confined aquifer as a water supply source; and Except as provided in §B(3) of this regulation, 50 feet from any sewage gravity or force main. If a force main is constructed of materials approved by the Department and has passed a leakage test in accordance with the recommended standards for sewage works, and, if required by the Approving Authority, concrete encasement of sewage force main joints have been emplaced within a 50-foot radius of the proposed well, then the distance from any force main may be 10 feet. A proposed well location for a closed loop geothermal well shall satisfy the following minimum distance requirements: 10 feet from a property line; 15 feet from a road or dedicated right-of-way: 50 feet from potential sources of contamination: and 50 feet from any gravity sewer line, except the distance of removal shall be at least 10 feet when the sewer is constructed of: Cast iron pipe with either water-tight lead caulked joints or joints fitted with neoprene gaskets; Solvent welded Scheduled 40 (or SDR equivalent) or better polyvinyl chloride (PVC) pipe; or Thermally welded high density polyethylene (HDPE) pipe. A water supply well may not be located within or under any building other than a separate structure constructed specifically for the housing of pumping equipment. The Approving Authority may approve a monitoring or closed loop geothermal well location within a building, if unobstructed access to the well is provided. All wells shall be located so as to be accessible for cleaning, treatment, repair, testing, inspection, and other requirements that may be necessary. The location of a water supply well shall be in accordance with any conditions on well spacing that may be imposed by the Department through an appropriation or use permit. Notwithstanding satisfaction of the criteria of this regulation, the Approving Authority, before approving a permit, shall determine the acceptability of a proposed well location with regard to all identifiable sources of contamination, topography, surface drainage, easements, and ground water conditions. Upon written request, deviation from the distance criteria may be permitted by the Approving Authority without a variance approved by the Department per Regulation .37 of this chapter for a domestic well constructed on an individual lot in those cases where the property owner has initiated or completed construction of the residential dwelling for that lot in compliance with all other State, county, or municipal laws and regulations. The request shall describe the need for a deviation and shall contain a statement signed by the owner confirming the basis for a deviation. A well may not be constructed until the Approving Authority has issued a permit to drill the well, except as provided in Regulation .06 of this chapter. The Approving Authority may issue a well construction permit only to a person licensed by the State Board of Well Drillers as a master well driller. Except as provided in Regulation .06 of this chapter, the Approving Authority may issue a well construction permit after receipt and review of a completed application submitted in accordance with this chapter. The Approving Authority may impose special conditions on the permit that are necessary to protect the public health and environment. The Approving Authority shall issue a separate permit for each well, except that the Approving Authority may permit a well cluster under one permit. The permit, if necessary, authorizes the construction of a temporary well to supply drilling water for construction of the permitted well. The temporary well shall be sealed within 48 hours of completion of construction of the permitted well, in accordance with this chapter. Written Permit and Well Identification Tag. Issuance of a well construction permit shall consist of a written permit and a durable well identification tag. Written Permit. The permit shall state pertinent information and requirements applicable to the approved well. A permit shall be valid for a period of 12 months from the date of issuance by the Approving Authority. Upon written request by the well driller, a permit may be extended in 6-month increments by the Approving Authority. Well Identification Tag. The well driller, immediately after grouting the well, shall permanently attach to the well the identification tag furnished by the Approving Authority. The identification tag shall be permanently fastened to the well casing above the finished grade by means of a stainless steel band. For wells where a pitless adapter or pitless unit is not used, the identification tag shall be permanently attached or fastened to a concrete base where this base completely surrounds the casing. For closed loop geothermal wells, the well identification tag shall be supplied to the owner. If the identification tag is removed from the well during later work on the well, it shall be replaced in the proper position and manner by the person who removes it. The Approving Authority may permit emergency construction of wells for the conditions specified in Regulation .02B(20) of this chapter or for the following types of wells: Monitoring wells at pollution spill sites to control the spread of the pollution as required by the Department; or Geothermal wells if a loss of heating or cooling poses a health threat or significant loss of goods or livestock. If an emergency condition occurs during normal business hours, the Approving Authority may grant an emergency permit in accordance with the following procedures: The existence of an emergency condition shall be verified by the Approving Authority; If the emergency is verified to the satisfaction of the Approving Authority, the Approving Authority may issue a verbal emergency permit number to a master well driller; The permit number shall be in the possession of the permittee during construction of the well, and shall constitute authorization to construct the well; The emergency permit shall become null and void if well construction is not started within 2 days after issuance of the emergency permit number; and Within 3 business days after the start of construction of the well, the master well driller shall submit to the Approving Authority a completed, written application, including the emergency permit number. If an emergency condition occurs during nonbusiness hours: The master well driller shall attempt to contact the Approving Authority through the Approving Authority's nonbusiness-hours emergency telephone number; If the Approving Authority cannot be contacted, then the well may be constructed without receiving a verbal permit number provided that not later than the first business day following the start of well construction activity, an application is submitted to the Approving Authority; and The Approving Authority shall verify the emergency condition before the issuance of a permit. Any well constructed under an emergency condition shall be constructed in conformance with all applicable laws and regulations of the Approving Authority. If the new well location is found to be unacceptable by the Approving Authority, the well shall be sealed in accordance with this chapter. The Approving Authority may grant verbal authorization to a master well driller to construct a well when: The application has been submitted and approved by the Approving Authority; or The authorization is for an emergency well. Verbal Authorization and Permit Number. Verbal authorization shall be accompanied by the issuance of a well construction permit number. Upon request by Approving Authority personnel, the well driller shall supply the well construction permit number for the well being drilled. Verbal authorization may not be granted if the well is to provide water for a use requiring a permit to appropriate or use water, and this permit has not been obtained or is not valid. Any well constructed with verbal authorization shall be constructed in conformance with all applicable laws and the regulations of this chapter. A well construction permit may be transferred from the permittee to another master well driller provided: The well has not been completed; The permit has not expired; The permittee obtains the Approving Authority's approval to transfer the permit; and The transferee notifies the Approving Authority in writing of their intention to accept the permit. The transferee shall be responsible for complying with all laws and regulations applicable to the construction of the well. The transferee may not begin well construction before obtaining the permit and well tag from the permittee and receiving the approval of the transfer from the Approving Authority. The Approving Authority shall maintain a separate log of permit transfers. A permit is invalid if, prior to well completion, the Maryland Board of Well Drillers suspends or revokes the license of the master well driller permit holder. The Approving Authority may invalidate a permit after a finding that information submitted to support the application was inaccurate. The Approving Authority may invalidate a permit after a finding that information submitted to support the application is no longer applicable to the site. The Approving Authority shall notify the permittee that a permit has been invalidated. The master well driller to whom a well construction permit is issued is responsible for construction of the well in accordance with the permit and applicable laws and regulations. All other persons working on a well or potable water supply system, including but not limited to a pump installer, a water-conditioner installer, an electrician, or a master plumber, also shall be responsible for their phase of the work and its conformance to applicable laws and regulations. Only the permittee, or his licensed employee or licensed agent, is authorized to construct the well. The permittee, or his licensed employee or licensed agent, shall be present on-site to supervise the work of constructing a well. Permit information shall be available on-site during construction of the well and made available upon request to the Approving Authority. The permittee, upon completion of the well, shall prepare, sign, and submit to the Approving Authority a legible well completion report. The requirements for well completion reports are set forth in Regulation .29 of this chapter. A well construction permit is not required if an existing well requires only reworking or repairing, and not deepening. If reworking the well includes hydrofracturing, the well driller shall submit a Hydrofracture of Well Report within 45 days after completion of the work as required in Regulation .28 of this chapter. If an existing well requires deepening, and the well identification number is verifiable by means of the well identification tag or prior permit, a well construction permit is not required except in areas of known water quality problems, however, upon completion, the well driller shall submit to the Approving Authority the well identification number and an updated completion report in accordance with the regulations of this chapter. If a well requires deepening and the well driller cannot provide the well identification number, the well driller shall apply for a well construction permit. If a well which is governed by a water appropriation and use permit requires deepening permission must be obtained from the Department. A permitted test well that is found to produce the required amount of water may be converted to a water supply well if: It has been constructed in conformance with the regulations of this chapter for the use for which conversion is sought and COMAR 26.17.06; Upon written request, the conversion is approved by the Approving Authority; For wells that are to supply water for a public water supply system, the request is approved by the Department; and For wells that are to supply water for use on a dairy farm, the request is approved by the Maryland Department of Health. A test well may be converted to a monitoring well when requested in writing and approved by the Approving Authority. A test well may be converted to a standby well when requested in writing and approved by the Approving Authority. A test well shall be abandoned and sealed in accordance with this chapter within 180 days after completion unless a longer period of time is approved by the Approving Authority or the Approving Authority has approved its conversion to a water supply well, a monitoring well, or a geothermal well. If it is necessary to relocate a well under construction in order to obtain sufficient yield or potable water or because of a well construction problem, the well driller may relocate the well construction site under authority of the original permit if: The new site meets the requirements of this chapter and the requirements of the Approving Authority; and The permittee provides a drawing of the new well location on the well completion report. If the new well location is found to not meet the requirements of this chapter the well shall be abandoned in accordance with this chapter. Water Supply Wells. The permittee shall notify the Approving Authority on the business day prior to commencing well drilling activities to allow the Approving Authority the opportunity to inspect. The Approving Authority may require that the permittee provide notice before commencing a yield test in Hydrogeologic Area 3. The Approving Authority may require that the permittee provide notice before the installation of the pitless adapter or pitless unit. The Approving Authority may require that the permittee provide notification prior to commencing grouting activities to allow them the opportunity to inspect. Nonpotable, Monitoring, and Geothermal Wells. The Approving Authority may require the permittee give notice in advance of commencing well construction activities on monitoring wells and nonpotable wells. The permittee shall notify the Approving Authority one business day prior to commencing well drilling activities of geothermal wells. A well driller shall notify a municipality if the well will be drilled inside the municipality's corporate boundary line or if the well will be drilled 1 mile or less outside the municipality's corporate boundary line. Geologic and hydrologic conditions in Maryland require varying well construction standards. For the purposes of this chapter, the State has been divided into five hydrogeologic areas. A map of the approximate hydrogeologic area boundaries is in Regulation .39 of this chapter. The Five Hydrogeologic Areas. Hydrogeologic Area 1. The area where the unconfined Quaternary aquifer of the Maryland Coastal Plain is of major importance; the area described in “United States Geological Survey (USGS) Professional Paper 822, Water Resources of the Delmarva Peninsula, 1973” and “Maryland Geological Survey (MGS), Report of Investigation No. 40, The Columbia Aquifer of the Eastern Shore of Maryland, Part 1 Hydrogeology, 1984”, which is incorporated by reference. Hydrogeologic Area 2. The area where the confined aquifers of the Maryland Coastal Plain are of major importance as described in “MGS, Open File Report 72-02-1, A User's Guide for the Artesian Aquifers of the Maryland Coastal Plain, 1972”. Hydrogeologic Area 3. The rocks of the Maryland Piedmont and Blue Ridge as described in “MGS, Report of Investigation 10, Ground Water Occurrence in the Maryland Piedmont, 1969”, and “MGS, Open File Report 69-02-1, Ground Water Aquifers and Mineral Commodities of Maryland, 1969”, exclusive of the carbonate rocks. Hydrogeologic Area 4. The sedimentary rocks of the Maryland Appalachian Highlands and Valley and Ridge Provinces, exclusive of carbonate rocks, as described in the references listed in Hydrogeologic Area 3. Hydrogeologic Area 5. The carbonate rocks as defined by the “Maryland Geological Survey, Geologic Map of Maryland”, Scale: 1:250,000 dated 1968. Sanitary Protection During Well Construction. During well construction, the permittee shall protect against pollution of the well and any water-bearing geologic formations by any cause, including surface water drainage. Whenever construction ceases before the well is grouted, the open annular space shall be covered by the permittee and the well shall be capped. Water for Well Construction. Only water from a source approved by the Approving Authority in accordance with this section may be used in the construction and development of a well. Water used for construction of a well shall be taken from the best source available to the well driller. The best source, in order of preference, shall be: A public water supply system meeting the requirements of COMAR 26.04.01 for water quality; Any other potable water supply; A nonpotable well; A temporary well, constructed specifically for the purposes of obtaining water for the construction of the well. Water used for the construction or development of a well shall: Have a turbidity of not more than 25 standard units, except when the turbidity is due to the oxidation of dissolved iron or manganese; Be transported, when necessary, in tank trucks used only for the purpose of transporting drilling or potable water; Be treated with chlorine in amounts indicated in §B(5) of this regulation; Have a color of not more than 25 standard units; and Contain no objectionable odor. Chlorine treatment required in §B(4)(c) of this regulation, shall be as follows: For water from a public supply approved under COMAR 26.04.01, a chlorine compound shall be added to the water to produce a free chlorine residual of at least 1.0 mg/l when delivered at the drilling site; For water from any other potable water supply, the free chlorine residual of at least 3.0 mg/l in the water delivered at the drilling site; Water from a nonpotable well shall be dosed with chlorine to produce a minimum free chlorine residual of 50 mg/l. Screening in More Than One Aquifer Prohibited. A well may not be screened in more than one aquifer. Sealing-Off Strata. In order to preserve the quality of ground water, the Approving Authority may include a special condition in a well construction permit requiring that aquifers and other strata be sealed off. Well Development. All wells shall be developed according to the following requirements: Well development means the process whereby a well is pumped, surged, bailed, airlifted, swabbed or jetted to remove any material that may be blocking the well screen or fractures within the borehole; Development shall continue until formation cuttings, drilling fluids, and additives are removed from the well; For wells in Hydrogeologic Areas 1 and 2, well development shall remove the fine sand, silt, and clay from the water-bearing zone surrounding the well screen; Any hydrofracturing shall be performed in accordance with Regulation .28 of this chapter; and Every well shall be developed in order to obtain the full yield of the well and a water quality that meets all of the following requirements: Contains less than 5 milligrams sand or larger sized particles per liter of water, where particles with a diameter between 0.0625 and 2.0 mm are considered to be sand; and Has a turbidity of less than 10 NTU (nephelometric turbidity unit) as determined by methods designated in 40 CFR §141.74(a)(1), except if the turbidity is due to the oxidation of dissolved iron or manganese naturally occurring in the water. Well Casing. Markings. Except as provided in §A(1)(b) of this regulation, all casing shall be marked by the manufacturer sufficiently to allow identification of the casing. Well casing for monitoring wells is exempt from displaying markings. The well driller shall provide, upon request, sufficient information to allow identification of casing used for monitoring wells. Plastic Well Casing. Plastic well casing shall be polyvinyl chloride, PVC, manufactured to meet the standards of the American Society of Testing and Materials (ASTM) Standard F-480. Plastic well casing shall be installed in accordance with the maximum depth limits specified: In Hydrogeologic Areas 3, 4, and 5, plastic well casing may not be used for the main casing where caving conditions occur before casing placement. Plastic well casing 4 inches or less in diameter shall be a minimum of schedule 40. All plastic well casing greater than 4 inches in diameter shall be a minimum of SDR 26. Metal Well Casing. Metal well casing shall meet one of the following standards: ASTM standard A-53 or A-589; American Petroleum Institute standard 5A or 5L; or ASTM standard A-312, type 304 minimum, for stainless steel. Metal well casing of 4 inches or less, nominal size, shall be schedule 40 or better. Metal well casing greater than 4 inches, nominal size, shall have a minimum nominal wall thickness of 0.188 inches. The Approving Authority may require that Schedule 40 or Standard Schedule metal well casing be used where there is corrosive water, soil, or geology. Metal casing shall be new, prime pipe, being free of pits or breaks. Casing material is not permitted which will cause the delivered water to be toxic or violate State or federal primary drinking water standards in effect at the time the well is constructed. Other types and sizes of well casing may be approved by the Approving Authority for special applications, upon written request by the well driller. Minimum Casing Length. In Hydrogeologic Areas 1 and 2, the casing shall extend to the top of or into the aquifer used. In Hydrogeologic Areas 3, 4, and 5, the casing shall extend through the weathered zone and be seated a minimum of 2 feet into bedrock. Less than 20 feet of casing may not be used in any area except as provided in Regulation .23 of this chapter. In Hydrogeologic Area 4, the minimum casing length is 40 feet. Minimum Casing Diameter. Potable water supply wells shall have a minimum main casing diameter of 4 inches in all hydrogeologic areas of the State. In Hydrogeologic Areas 1 and 2, for potable water supply wells, the 4-inch minimum main casing diameter shall extend to, whichever comes first: A minimum of 250 feet; or The top of the aquifer used. Criteria for Variance for Telescoping Casing. The Approving Authority shall submit a report to the Department for approval prior to granting variances to §C(2) of this regulation for increasing or decreasing the minimum depth of the 4-inch minimum main casing diameter. The report shall contain at a minimum the following information: Area of county where variance is being considered; Aquifer for which variance is being considered; Discussion of current aquifer usage and predicted aquifer usage; and Proposed variance wording. The report shall be incorporated in the county Master Water and Sewer Plan prior to implementation. Well Casing Joints. Joints shall be watertight. Joints for metal casing may be either electrically welded or threaded. Joints for plastic well casing may be either threaded, solvent welded, or o-ring. Screws or other mechanical devices may only be used to join PVC well liner: For solvent welded joints used in liners; With nonpenetrating stainless steel screws; And per the recommendations of the pipe manufacturer to maintain their warranty. Other Installation Requirements. Liners shall meet the standards for well casing under §§A and D of this regulation. Well casing may not be cut off or cut into below ground except to install a pitless unit. Well casing shall extend at least 8 inches above the finished grade. Well Screens. All wells that obtain water from aquifers in Hydrogeologic Areas 1 and 2 shall be equipped with a screen that shall adequately prevent the entrance of formation material into the well during use. Well screens shall have sufficient structural strength to accomplish the purpose for which they are installed. Well screen openings shall provide, so far as is practical, the maximum amount of open area, consistent with strength of screen material and sediment grain size of the water-bearing formation to permit maximum transmission without clogging. Well screens, other than those made commercially, constructed by creating openings or slots in the casing, or liner, or both, by any mechanical contrivance are prohibited unless approved by the Approving Authority in a special permit condition. The well screen shall be provided with fittings necessary to seal the screen to the casing. If the screen diameter is smaller than the casing diameter, then extension of the screen blank section to at least 20 feet above the base of the main casing is required, or a packer or a reducer fitting shall be used. A fitting shall be provided to close the bottom of the screen. Gravel-Packed Wells. Gravel, which is packed in the annular space, shall be water-washed, disinfected, and free from clay, silt, and organic material. Gravel pack may not connect aquifers. All wells shall be grouted in accordance with this regulation. Time Limits. All wells shall be grouted as soon as possible but not later than 24 hours after the well casing has been set in place in Hydrogeological Area’s 1 & 2. In Hydrogeological Area’s 3, 4 & 5 all wells shall be grouted within 72 hours after the permanent casing has been set. After grouting is completed, there shall be a minimum curing time before drilling may be resumed of: 18 hours for Type I and Type II Portland cement; and 12 hours for Type III Portland cement. Grouting Materials. Cement. The annular space may be filled with neat Portland or quick-setting cement in a ratio of not over 6 gallons of water per 94-pound sack of cement. Bentonite may be added to the neat cement grout in an amount not to exceed 6 pounds per 94-pound sack of cement. If bentonite is added to the neat cement grout, then additional water may be added at the ratio of 1 gallon of water per 2 pounds of bentonite. Bentonite. Bentonite with a minimum solids content of 20 percent may be used to fill the annular space in accordance with the following: When mixed as a slurry, at 2 pounds bentonite per gallon of water; or In chip or pellet form and if hydrated per the manufacturer specifications, when the annular space is less than 20 feet in depth. Bentonite may not be used for grouting where it will come into contact with ground water having a pH below 4.0 or a total dissolved solids content greater than 1,000 mg/l. Thermal Enhanced Bentonite Grout. Bentonite slurry shall be mixed per manufacturer specifications. The sand-bentonite ratio may not be greater than 250 pounds of sand per 50 pounds of bentonite. Sand shall be “000” well gravel that meets the following: 95 percent silica sand; Have a uniformity coefficient not greater than 1.7; and Have a particle size range of 0.60 mm to 0.15 mm. Thermally Enhanced Cementatious Grout: Shall be mixed per manufacturers specifications; and Have a permeability rating not less than 1 × 10^¯7. Cement alone or bentonite alone may be required as a special condition in a well construction permit for any well. If rapid loss of grout material occurs during grout emplacement, coarse fill material may be used in the zone or zones in which the loss is occurring. Other grouting materials or mixtures may be authorized as a special condition in a well construction permit for any well after review and approval by the Department. Standards for Grouting Unconfined Aquifer Wells in Hydrogeologic Areas 1 and 2. For wells screened in an unconfined aquifer under this section, the annular space shall be grouted to a depth of at least 20 feet. Standards for Grouting Confined Aquifer Wells in Hydrogeologic Area 2. Under this section: The depth of grouting may not be less than 30 feet; The annular space above the screen and below the grout shall be completely filled with clay, drill cuttings, or sand before grouting operations begin; For two part (lapped) telescoped wells, the drilling fluid may be used as fill material in the annular space if the drill fluid has a weight greater than 11 pounds per gallon; Drilling fluid less than 11 pounds per gallon may not be used as an acceptable fill material; For wells intended to have a yield greater than 5,000 gallons per day, the grout shall extend from a minimum of 5 feet into the confining bed, immediately above the aquifer being used, to the land surface; and For wells intended to have a yield of less than 5,000 gallons per day, the grout shall extend from a minimum of 5 feet into the first confining bed, which is at least 5 feet thick, to the land surface. Relative depths to confining layers are described in “MGS, Open File Report No. 12-02-20, Maryland Coastal Plain Aquifer Information System: Hydrogeologic Framework, 2013”, which is incorporated by reference. Standards for Grouting Wells in Hydrogeologic Areas 3, 4, and 5. The annular space shall be grouted completely from the bottom of the casing to the land surface. The minimum depth of grout may not be less than 18 feet in Hydrogeologic Areas 3 and, and may not be less than 38 feet in Hydrogeologic Area 4 and 5. If caving conditions are experienced on wells with greater than 30 feet of casing, the annular space shall be grouted from the point where caving occurred or from a depth of 30 feet, whichever is greater, to the land surface. If the annular space cannot be grouted in accordance with these regulations, the well shall be abandoned and sealed in accordance with this chapter. Deviation from Grouting Standards. Deviation from the grouting standards given in §§D, E, and F of this regulation may be approved by the Approving Authority for unusual conditions that prevent conformance with those standards. The deviation from the grouting standard shall be requested on a form provided by the Approving Authority. The request shall be submitted to the Approving Authority within 5 days after the well is completed. The Approving Authority shall reject or approve the request within 5 business days. Grout Height. For wells where a pump is not to be installed, the final grout height shall be at ground grade. For wells where a pump is to be installed, the final grout height shall be immediately below the pitless adapter or pitless unit. All grout shall be emplaced in one continuous operation upward from the bottom of the casing or depth specified in these regulations. Pouring, dumping, or shoveling of grout slurries into the annular space or well bore are prohibited. The drilling fluids in the annular space shall be thinned before grouting to a density less than that of the intended grout density. Grout shall be emplaced so that it completely displaces the fluid in the annular space from the bottom of the interval being grouted to the ground surface. The following are approved methods of grouting when performed in accordance with the conditions specified: Grout Pipe Outside of Casing (Tremie Pipe). The annular space shall be a minimum of 1½ inches. All grout shall be placed by pumping through the grout pipe. The entire interval to be grouted shall be open and without obstructions; washing or jetting with water is recommended for cleaning the borehole and may serve to remove obstructions caused by caving which otherwise would prevent a proper grout. The grout pipe shall extend from the surface to the bottom of the interval to be grouted. The grout pipe may remain extended to the bottom of the interval during and after grouting, or it may be raised slowly as the grout is placed provided that the discharge end of the grout pipe remains submerged in the emplaced grout at all times until grouting is completed. In the event of interruption in the grouting operations, the bottom of the grout pipe shall be raised above the grout level and should not be resubmerged until the air and water have been displaced from the grout pipe. Grouting Depths of 20 feet or Less. Grout may be placed by a grout pipe inserted only 10 feet into the annular space, provided that: The entire interval to be grouted is clearly visible from the surface and is dry; and An annular space larger than the minimum 1½ inches may be required to assure visibility from the surface. Grout Pipe — Inside Casing. The bottom of the casing is fitted with a cementing shoe or float shoe and the casing is placed in the borehole a short distance off the bottom; The grout pipe is placed in the casing a short distance from the float shoe or is mechanically attached to the float shoe; and Grout is pumped through the grout pipe until grout appears at the land surface. Grouting with Bentonite Chips or Pellets. A well may be grouted using bentonite chips or pellets under the following conditions: The grouting depth is 20 feet or less; The annular space is open and free of obstruction; The annular space is at least 1½ inches; The drilling fluid, if present, is thinned to a viscosity of less than 30 seconds and the weight is less than 9 pounds per gallon; The bentonite chips or pellets may be poured down the annular space; and The annular space is continuously measured to assure proper filling without bridging. If bridging occurs and the annular space cannot be completely filled then: The annular space shall be jetted to remove the bentonite; or The well shall be abandoned and sealed in accordance with this chapter. The Approving Authority may approve other grouting methods not specifically identified by this regulation. Except as provided for in this regulation, the following construction techniques for upper terminals for potable water supply wells are prohibited: Use of buried well seals, or other devices, including a buried “sanitary well seal” to cap wells below ground surface and provide access for electrical cable or water pipes; and All pits, including frost pits, which are holes or depressions in the ground surrounding casings, in which all pumping and other equipment subject to freezing is emplaced. All wells shall be extended at least 8 inches above final grade. In areas where flooding is likely to occur, including 100-year flood plains and coastal areas, the casing shall terminate at least 24 inches above finished ground surface or pump house floor. Pitless Adapters or Pitless Units Required. Pitless adapters or pitless units shall be installed on all water supply wells except: Wells enclosed in an above-grade pump house; Wells for a public water supply if enclosed in a below-grade pump house or water treatment facility that conforms to regulations of the Department concerning public water supply system design; or For suction lift systems where the well casing is 2 inches in diameter or less and used as a suction line a standard plumbing tee may be used as a pitless adapter. All pitless adapters and pitless units shall: Be of a type approved by the National Sanitation Foundation International; Meet the standards of the Water Systems Council; or Be approved by the Approving Authority. Exemptions. Irrigation wells with a terminal 2 feet above grade and fitted with a ventless sanitary well cap are not required to have a pitless adapter or pitless unit installed. Proper Installation of Pitless Adapters or Pitless Units. The well casing or pitless adaptor or pitless unit shall be located at least 8 inches above the finished ground surface or pump house floor if located inside of a building. Connections of the Pitless Adapter or Pitless Unit. Connections of the pitless adaptor or pitless unit to the well casing and the lateral connections from it shall be watertight. A metal-cutting hole saw shall be used to construct the pitless adapter hole in the casing. Cutting the pitless adapter hole in the casing by using an acetylene torch is not permitted. All burrs resulting from the cutting operation shall be removed. Both outside and inside surfaces of that portion of casing surrounding the pitless adapter hole shall be made smooth. A pitless adapter or pitless unit shall be installed in conformance with the depth of water service pipe requirements of the applicable State or county plumbing code. Well Caps. All wells shall be capped with one of the following: A watertight, screened vented cap; A watertight cap; or The base of a pump motor, provided that, to prevent the entrance of vermin and debris: The motor mount provides a watertight seal; and If venting is required, the vent is screened. All well caps shall: Meet one of the following requirements: Comply with the standards of the National Sanitation Foundation International or the Water Systems Council; or Be a type approved by the Approving Authority; and If screws, nuts, and bolts are used in them they must be stainless steel. The electrical conduit access shall be plugged if the pump is not installed. In areas where flooding is likely to occur, including 100-year flood plains and coastal areas, wells shall be fitted with flood resistant caps. Flowing Artesian Wells. All wells, including a flowing artesian well, may not be allowed to run water to waste. A flowing artesian well shall be fitted with a watertight cap or be fitted with a valve to stop the flow of water. Access Port for Water Level Measurement. The Department, through a special condition in a Water Appropriation and Use Permit, may require that any well be equipped with an access port for water level measurements. For irrigation wells where the pumping equipment is installed and removed every season the well shall be capped as follows: A sanitary well seal may be used when the pumping equipment is installed; and A watertight or screen-vented cap shall be used when the pumping equipment is not installed. The selection and installation of the pumping equipment shall conform to COMAR 09.20, or the local plumbing code, whichever is more stringent. Electrical connections for pumping equipment shall conform to the National Electrical Code, or to the local electrical code, whichever is more stringent. If a safety rope is used it: Shall be secured in the interior of the well; and May not penetrate the well casing or cap. If an electrical conduit is present at the well terminal, it shall: Be secured to the well cap so as to prevent the entrance of vermin and debris; Be plugged at the interior opening with caulk or other suitable material to provide a water-resistant and insect-resistant seal; and Extend at least 18 inches below the finished grade. Upon completion of pump installation, the person installing the pumping equipment shall disinfect the well, pump, and water supply system in accordance with this chapter. In areas of the State where the plumbing code does not specify pump installation requirements, then the pumping equipment shall be installed in accordance with the manufacturer's recommendations. The following special requirements for specific types of wells based on the intended use of the well are as follows: Irrigation Wells. Wells in unconfined aquifers in Hydrogeologic Areas 1 and 2 used solely for irrigation shall have an annular space grouted to a minimum depth of 20 feet below land surface. All other irrigation wells shall meet the grouting requirements of Regulation .19 of this chapter. Monitoring Wells. The well driller shall submit to the Approving Authority the construction specifications that are proposed for a monitoring well as an attachment to the permit application. The Approving Authority may approve, as a special condition of a permit, special construction standards for wells installed for the purpose of monitoring ground water. If the Approving Authority does not approve special construction standards, then well construction shall comply with the provisions of this chapter. For an at-grade or below-grade well terminal, the well terminal shall be water tight and enclosed in a well vault. Injection Wells. The well driller for an injection well shall submit to the Approving Authority the construction specifications that are proposed as an attachment to the permit application. The Approving Authority may not issue a permit to construct an injection well unless a State Discharge Permit has been issued by the Department. Geothermal Wells — Closed Loop. The pipe material, jointing, pressure testing, and anti-freeze solutions for a closed loop geothermal well shall conform to the standards of COMAR 09.15.05. The anti-freeze solution shall be environmentally safe. The borehole of a closed-loop geothermal well shall be grouted from the bottom of the borehole to the ground surface. The upper terminal of a closed-loop geothermal well may terminate below grade if: The well location is marked by a metal plate so that the location can be found by a metal detector; or The manifold and horizontal lines are marked with detection tape. When the closed-loop geothermal well is terminated below grade, the well tag shall be attached to the flow center. If using copper as an exchange medium a maintenance agreement must be recorded in the County land records. Cathodic Protection Wells. The borehole of a cathodic protection well shall be grouted from the bottom of the borehole to the ground surface. The well driller shall submit to the Approving Authority the construction specifications that are proposed for a cathodic protection well as an attachment to the permit application. Dewatering Wells. The annular space of a dewatering shall be grouted to a depth of 5 feet below the static water level. The following specific construction standards for specific wells, based on construction method, are as follows: Driven Wells. Driven wells may not be used for a potable water supply. In a driven well an oversize hole for grout, at least 4 inches greater in diameter than the casing, shall be constructed to a depth of at least 10 feet, and the annular space between this hole and the casing shall be grouted to land surface. The upper terminal of a driven well and pitless adapter or pitless unit installation shall be in accordance with this chapter. Bored, Augered, and Dug Wells Cased with Concrete Pipe. Bored, augered, and dug wells shall have a borehole with a minimum diameter of 6 inches larger than the outside diameter of the casing. The annular space shall be filled with grout to a depth of at least 30 feet below land surface, unless otherwise approved by the Approving Authority. The annular space below the grout shall be filled with a sand or gravel pack. Joints in the concrete casing shall be sealed with an impervious seal, such as cement and o-rings, to a depth of at least 20 feet. The casing shall extend to a depth of at least 2 feet below the lowest seasonal water table. The minimum depth of the casing shall be 20 feet. The well shall be protected with either: A precast, overlapping, steel-reinforced concrete cover; or A metal cover at least 3/16 of an inch thick and fitted with a watertight gasket; and Be at least 8 inches above grade. Jetted and Jetted-Driven Wells. Jetted and jetted-driven wells shall be grouted to a minimum depth of 20 feet. This will necessitate construction of an oversize hole for grout to this depth. Jetted and jetted-driven wells may not be used for potable water supplies. Horizontal Wells. The well driller shall submit plans with the Application for a Permit to Drill that provide details on how the horizontal well is to be constructed and identify the materials to be used. Upon completion of well construction activities, the permittee shall disinfect a water supply well in accordance with this regulation. Whenever any work is done on the well after disinfection of the well by the well driller, the person doing the work shall be responsible for disinfection of the well and water supply system in accordance with this regulation. Material. Tablets or dry granular material may not be used as the only chlorination material. The materials, which may be used for disinfection, are: Calcium hypochlorite, Sodium dichloro-triazine dehydrate; or Sodium hypochlorite. Standard Disinfection Procedure. The chlorine shall be placed in the well in quantities that will produce a concentration of at least 100 mg/l chlorine. The amount required to obtain this concentration will depend on the casing diameter and the amount of water in the well. The well shall be chlorinated using all of the following sequential steps: Chlorine tablets or granular chlorine shall be dropped in the top of the well and allowed to settle to the bottom, or a prepared 10 gallon chlorine solution, with a chlorine concentration of at least 100 mg/l, but not more than 500 mg/l, shall be placed in the bottom of the well by pumping or gravity through a tremie pipe, drill rod, hose, or other approved method. A chlorine solution of at least 10 gallons and producing a concentration of at least 100 mg/l, but not more than 500 mg/l, in the well shall be introduced (poured) into the top of the well. All surfaces above the static level shall be washed with this solution. After the solution has been placed in the well, the water shall be agitated to thoroughly disperse the solution. Agitation may be accomplished by turning the pump on and off, or if no pump is available, by using a bailer, a swab, a plunger, air, or other approved method. If the well has been connected to the pressure tank and distribution system, a small amount of the chlorinated water shall then be pumped through the system to thoroughly disinfect the system. The well shall be allowed to stand without further agitation for at least 12 hours. If a residual of at least 5 mg/l chlorine remains in the water after 12 hours, the well shall then be pumped to waste until the odor and taste of chlorine is no longer detectable. If less than 5 mg/l free residual chlorine is found in the water after 12 hours, the disinfection procedure shall be repeated. Chlorinated water and water pumped during the flushing of the well during the disinfection procedure may not be discharged: To an on-site sewage disposal system; or Directly to surface waters of the State. Disinfection Procedure for Wells That Do Not Respond to the Standard Procedure. If, after testing, the well cannot meet the bacteriological standard of this chapter, it shall be chlorinated as in §D of this regulation. If the well remains unresponsive after repeating the standard disinfection procedure per this section, a volume of water chlorinated to a concentration of 100 mg/l and at least two times the volume of chlorinated, standing water in the well, but not less than 50 gallons, shall be introduced into the well in order to completely displace the volume of chlorinated, standing water and force it out into the water bearing formation. If bacteriological contamination persists after repeated disinfection, the Approving Authority may require the well to be abandoned and sealed in accordance with this chapter. All material used in the maintenance, replacement, or repair of any well shall meet the requirements for new installation. Broken, punctured, or otherwise defective or unserviceable casing, screens, fixtures, seals, or any part of the wellhead shall be repaired and replaced, or the well shall be properly abandoned and sealed. Any work performed on a water supply well with a well cap not meeting the standards of this chapter, shall also include the installation of a well cap meeting the standards of this chapter. Extension of the well casing for an above-grade terminal shall be completed in the following manner: Install a pitless unit; If plastic casing is existing, then solvent weld additional plastic casing; If metal casing is existing, then thread or weld additional metal casing; A mechanical compression coupling; or Install a pipe coupling that is approved by the Approving Authority. A domestic well or double well combination shall produce a minimum yield of 1 gallon per minute for 6 hours. Replacement wells servicing an existing dwelling are exempt from the minimum yield requirement of 1 gallon per minute. The Approving Authority may require a mandatory yield test in any hydrogeologic area of the State for any well, if it is determined that a yield test is necessary to assure an adequate water supply. The County Water and Sewer Plan shall delineate those areas where a mandatory yield test is required for water supply wells in Hydrogeologic Areas 1, 2, 4, and 5. Each domestic well in Hydrogeologic Area 3 shall be tested for yield in accordance with §G of this regulation unless the requirement has been waived pursuant to §F of this regulation. The County Water and Sewer Plan shall delineate those areas in Hydrogeologic Area 3 where the mandatory yield test is waived. Yield Test Procedures. Except as provided in §F of this regulation, all domestic wells drilled in Hydrogeologic Area 3 shall be yield tested as provided below: On the yield test report form, the permittee shall note pertinent data related to the yield test, including but not limited to: Static water level; Measured depth of well; Whether the well has been hydrofractured; Estimated well yield prior to hydrofracturing; Depth of test pump in well; Name of the person performing the test; License number of person performing test; and Well construction permit number; The pump and related equipment shall be placed in the well; Pumping shall begin at a rate of withdrawal greater than 8 gallons per minute until the water level drops to a point close to the pump; If the water level drops to near the pump, the pumping rate shall be adjusted so that the water level remains constant; Measure and record the flow rate of water discharged and water level at 15 minute intervals throughout the test; and Discharge water at least 50 feet from the well and any on-site sewage disposal system. A single interruption of pumping of up to 15 minutes due to equipment failure or other unusual circumstances is permitted, but the amount of down time shall be made up by additional pumping at the end of the test. The criteria for approval shall be a minimum yield of one gallon per minute for 6 hours continuous pumpring after the well has been pumped out as provided in §G(1)(c) of this regulation. The pump test may be terminated early and the well yield shall be considered adequate if a well: Cannot be pumped out after 3 hours pumping as provided in §G(1)(c) of this regulation; or Yields 4 gallons per minute or greater for 3 hours continuous pumping, after the well has been pumped out as provided in §G(1)(c) of this regulation. The Approving Authority may permit two wells to be connected to meet the minimum yield requirement if: A written request is submitted to the Approving Authority for each installation; The wells to be connected are tested in accordance with the yield test procedures of this chapter; Each well demonstrates a yield of at least 0.5 gallons per minute during the yield test; and Both wells are tested for yield at the same time. The yield test data shall be submitted to the Approving Authority for review. Domestic Water Supply System Standard. The water supply system shall produce not less than 500 gallons of water in a 2-hour period, at least once each day. If the sustained yield of the well is not capable of meeting the total water supply standard, sufficient storage shall be provided. Well Storage. If well storage is selected, the amount of storage required is calculated by subtracting the well's yield over a 2-hour period from 500 gallons. A quantity of water in storage is equal to the number of feet below the static water level and 10 feet from the bottom of the well, multiplied times 1.5 gallons per foot for a 6-inch well or 0.65 gallons per foot for a 4-inch well. The Department may require a yield test for a nondomestic well as part of the data collection requirements associated with an application for a Water Appropriation and Use Permit. The Approving Authority shall be notified at least 2 business days in advance of commencing hydrofracturing work on an existing well. Hydrofracturing may not be conducted on any well not constructed according to the requirements of this chapter without approval from the Approving Authority. Hydrofracturing may not be conducted in Hydrogeologic Area 5 without written permission from the Approving Authority. Hydrofracturing may be performed only by qualified professionals who possess a Maryland well driller's license or who are working as a subcontractor and under the direct supervision of a licensed Maryland well driller. Hydrofracturing a well within 100 feet of another water supply well requires written approval of the Approving Authority. The well to be hydrofractured shall be at least 50 feet from any other potable water supply well. Hydrofracturing a water supply well or test well within 500 feet of a landfill or area of known ground water contamination requires the Approving Authority's written approval. The well to be hydrofractured shall be at least 100 feet from any potential source of contamination. Water used for hydrofracturing shall: Meet the requirements of Regulation .16B(3)(a) and(b) of this chapter; or Be from a source approved by the Approving Authority. New well construction may require deepening to meet the minimum system yield requirements of Regulation .26J of this chapter if there is a drop in static water level as a result of hydrofracturing. After hydrofracture, the total volume of water introduced into the well shall be removed prior to conducting test for yield in accordance with the procedures outlined in Regulation .26G of this chapter. Hydrofracture of Well Report. The well driller shall file a Hydrofracture of Well Report to the Approving Authority within 45 days after hydrofracturing the well. Yield test data shall be submitted with the Hydrofracture of Well Report for both new wells and existing wells. The permittee is responsible for submitting, on a form provided by the Approving Authority, a well completion report. Submission. The well completion report shall be submitted to the Approving Authority by the premittee not later than 45 days after construction or deepening of the well has been completed or after construction activity on an unsuccessful well, or dry hole, has been terminated. Well construction activity shall be considered complete for the purpose of this regulation when the permittee: Does not install the pump and the well is grouted; or Installs the pump before expiration of the permit and the well is ready for use. Information Required. The permittee shall provide all information required in the well completion report form in accordance with Environment Article, §9-1308, Annotated Code of Maryland. For a well cluster, a drawing of the well locations shall be submitted with the well completion report for each well. If geophysical logs were generated, then the driller shall submit two copies of the log. When Certificate of Potability Required. A person may not put into service a well or water supply system that may be used for human consumption unless the Approving Authority has first issued a Certificate of Potability for the well. This section does not apply to any well that is not used as a potable water supply. If a well is later converted from a nonpotable water supply well to a potable water supply well, the well shall: Meet the requirements of §B of this regulation; and Be approved by the Approving Authority. Before a standby well can be used as a potable water source, the owner shall obtain a Certificate of Potability for the well. Certificate of Potability. The Approving Authority may issue a Certificate of Potability if a well meets the following criteria: The well has been constructed in accordance with this chapter; The well has been constructed in accordance with any permit special condition; The well meets the yield requirements of this chapter; The well completion report has been submitted in accordance with Regulation 29 of this chapter; The well identification tag is affixed to the well; and The well meets the requirements, as applicable, for a public water supply system under §C of this regulation or a nonpublic potable water supply system under §D of this regulation. A well for a public water supply system shall: Be approved by the Department; and Meet the requirements of COMAR 26.04.01. A well for a nonpublic potable water supply system, upon sampling and testing by the Approving Authority, shall meet the following limits: Bacteriological, which means that: The well water has tested negative for the presence of coliform bacteria for two consecutive samples collected at least 24 hours apart; and The water samples were analyzed following procedures approved for use in accordance with COMAR 26.08.05; and Chemical and physical, which means that: A well water sample meets the maximum contaminant limits of COMAR 26.04.01 for Nitrate-nitrogen; and A well water sample meets the turbidity standards as specified under Regulation .16E of this chapter. Additional analyses of the water may be required by the Approving Authority if it has reason to believe that constituents may be present in amounts that may be adverse to human health. Potable water contaminant standards for nonpublic potable water supply systems shall be the maximum contaminant levels for potable water adopted by the US EPA and listed in 40 CFR §141 Subpart G as amended. Issuance of Interim Certificate of Potability. The Approving Authority may issue an Interim Certificate of Potability if the well meets the following: The most recent bacteriological sample from the well has tested negative for the presence of coliform bacteria; and The water sample from the well meets the chemical and physical water quality standards of §§D(1) and (2), and F of this regulation. A water system may be put into service with an Interim Certificate of Potability. The subsequent water sample shall be collected within 6 months of the date of the first water sample and if this water sample is negative for coliform bacteria, a Certificate of Potability may be issued for the water system. The Approving Authority may impose special conditions on an Interim Certificate of Potability. Wells Failing to Meet Requirements for Certificate of Potability. The Approving Authority may grant additional time for a well failing Certificate of Potability requirements to be brought into compliance with this chapter. Except for those wells granted a permanent deviation in accordance with §J of this regulation, wells that cannot be brought into compliance with this chapter shall be abandoned and sealed. If, in the opinion of the Approving Authority, the results of the analysis required in this regulation indicate that constituents are present in amounts that may be adverse to human health or safety, a Certificate of Potability may not be issued. Special Conditions. The Approving Authority may impose special conditions on a Certificate of Potability. Granting of Permanent Deviation. The Approving Authority, as a special condition, may grant a permanent deviation to the Certificate of Potability to install an adequate: Water disinfection device; Nitrate removal device; Naturally occurring radionuclide removal device; or Water treatment device for any naturally occurring inorganic contaminant that exceeds the standards set in §D of this regulation. All water treatment devices approved as a special condition in a Certificate of Potability shall be approved only under the following conditions: The well has been carefully evaluated to determine that there are no physical defects and the well was constructed in accordance with this chapter; and A public water supply is not available. A water treatment device approved as a special condition in a Certificate of Potability for water disinfection shall be approved only if: The well has not responded to the disinfection procedures described in Regulation .24 of this chapter; and In Hydrogeologic Areas 1, 2, 3, and 4, fecal coliform contamination is not present. In Hydrogeologic Area 5, the Approving Authority may grant a permanent deviation for fecal coliform provided the following treatment is provided: 1 micron absolute filtration; Chlorination; and Ultraviolet radiation. If a permanent deviation is granted an attachment to the property deed shall be made that reflects the need for treatment, prior to the issuance of the Certificate of Potability. A water treatment device for nitrate removal may be approved as a special condition in a Certificate of Potability. The approval requires that a source of water having less than the maximum contaminant level for nitrate as set in 26.04.01 is not available less than 600 feet beneath the surface of the ground. A water treatment device for arsenic removal may be approved as a special condition in a Certificate of Potability. The approval requires that a source of water having less than the maximum contaminant level for arsenic as set forth in COMAR 26.04.01 is not available less than 600 feet beneath the surface of the ground. A water treatment device approved as a special condition in a Certificate of Potability for naturally occurring radionuclide removal shall be approved only if a radionuclide free aquifer is not available less than 600 feet beneath the surface of the ground. Any water treatment device approved as a special condition in a Certificate of Potability shall be capable of removing the targeted contaminant to levels below the standards set forth in §D of this regulation. The Approving Authority may require submittal of a continuing service contract for the water treatment device prior to granting the permanent deviation. At the option of the Approving Authority, the results of water quality tests performed by a Maryland certified water laboratory may be substituted for results obtained by the Approving Authority from a State-operated laboratory. The Maryland certified water laboratory shall certify that the sample was obtained and transported in accordance with COMAR 26.08.05. All tests taken by a Maryland certified water laboratory for an initial Certificate of Potability shall be submitted to the Approving Authority by the well owner prior to issuance of the Certificate of Potability. The Approving Authority shall maintain files of test results and shall release copies of these results, upon request, to the person who requested the tests and to persons for whose benefit the tests were performed. Copies of the Certificate of Potability shall be released to all subsequent owners of the property or their agents upon request. The Approving Authority shall provide, with each well sample result, the address and telephone number of the office where an interpretation of the test results may be obtained. When the Approving Authority believes the sample, due to the collection and analysis date, is no longer representative of the condition of the well, the Approving Authority shall include this information along with the sample results. Every well shall be maintained in a condition to conserve and protect the ground water resource. After the well is completed, the well owner is responsible for maintaining the upper terminal of the well as specified in this chapter. The owner of a flowing artesian well shall maintain the upper terminal of the well to prevent the wasting of water as provided in this chapter. After the well is completed, the well owner shall maintain the access port in a manner that prevents the entrance of water, dust, insects, or other foreign material and permits ready access for water level measurements. After the well is completed, the well owner is responsible for maintaining the identification tag attached to the well. Whenever work is done on the well, the work shall be done in accordance with this chapter. The well owner shall disclose all special conditions written into an Interim Certificate of Potability or Certificate of Potability to any purchaser of the property served by a well before entering into a contract of sale or lease. Any well shall be considered abandoned when: The well is in such a state of disrepair that continued use for its intended purpose is impracticable; The well has been permanently disconnected from any water supply system or irrigation system; or The well is unsuccessful, that is, it does not meet the requirements of this chapter. All wells constructed prior to April 1, 1969 that are not in use shall be abandoned. An abandoned well shall be filled and sealed in accordance with this regulation. The Approving Authority may require a well owner to abandon and seal a well if it: Is causing or is a potential source of pollution of waters of the State; Is producing water that is polluted; Does not have an Interim Certificate of Potability, if required; or Is no longer needed for its intended purpose. Well sealing shall: Restore as nearly as possible those subsurface conditions that existed before the well was constructed, taking into account changes, if any, that have occurred since the time of construction; or Provide better protection against aquifer communication through the borehole. An abandoned well shall be sealed in such a way that: If it is a cased well: The annular space is sealed so that it will not act as a channel for the interchange of waters; and The interior of the well casing is sealed so that it will not act as a channel for the interchange of waters; If it is an uncased well bore, it will not act as a channel for the interchange of waters; and It will not present a hazard to the safety and well-being of humans or animals. Any abandoned well shall be sealed only: By a well driller licensed by the Maryland State Board of Well Drillers; or Under the supervision of a representative of the Approving Authority. Abandonment and Sealing Notification. For wells designed to be used at a rate of more than 10,000 gallons per day, a licensed well driller shall: Provide written notification to the Approving Authority that identifies the well to be sealed and an outline of the work to be done; Identify whether the well casing is to be perforated or ripped; and Provide 24-hour notification to the Approving Authority before the commencement of sealing operations. Abandonment and Sealing Approval. When the Approving Authority has reason to believe that the sealing of a well necessitates close supervision, it may require: The submission of sealing plans and specifications for approval before sealing operations are initiated; and 24 hours’ notice before the commencement of sealing operations. The Approving Authority may approve of a well sealing procedure not identified in Regulation .36 of this chapter, provided the sealing procedure complies with Regulation .36D of this chapter. Reports on the Abandonment and Sealing of Wells. When a well is abandoned and sealed, the person sealing it shall submit a completed Water Well Abandonment Sealing Report on the form provided by the Approving Authority. This report shall be submitted not later than 45 days after abandonment and sealing of the well or test hole. The following sealing materials are acceptable to seal a well: Concrete when mixed at five 94-pound sacks of Portland cement per yard of concrete; Neat Portland cement grout when mixed in accordance with Regulation .19 of this chapter; A mixture of five 94-pound sacks of Portland cement and 1 cubic yard sand; Bentonite, if used: As a slurry mixed at 2 pounds per gallon of water; or In chip or pellet form; and Combinations of these materials. Drilling fluid may not to be used to seal a well. Fill Materials. Clay, silt, sand, gravel, crushed stone, mixtures of these materials, and sealing materials may be used as a filler in sealing a well. In the sealing of an unsuccessful well in Hydrogeologic Areas 3, 4, and 5, the drill cuttings may be used as fill material. Material containing organic matter may not be used. The Approving Authority may require that fill material be disinfected. Preliminary Work Before Sealing a Well. The well shall be investigated to determine: Its present condition; The details of its construction; and Whether there are any obstructions that will interfere with the process of filling and sealing. If there are any obstructions, they shall be removed, if possible, by cleaning the hole or redrilling. Liners shall be removed prior to sealing or an alternate sealing plan must be approved by the Approving Authority. Filling and Sealing Wells. In all hydrogeologic areas of the State, the annular space of cased wells shall be sealed. Wells in an unconfined aquifer in Hydrogeologic Areas 1 and 2 shall be sealed by either of the following procedures: If the well casing is not removed, fill the well with sealing material; or If the well casing is removed, fill the entire length of the borehole with sealing material. Wells in a confined aquifer in Hydrogeologic Area 2 shall be filled and sealed by either of the following procedures: If the casing has been removed, the well shall be filled the entire depth with sealing material; or If the casing has not been removed: Consideration shall be given to perforating or ripping the casing opposite the confining layers; and The well shall be filled with sealing material. Unconfined wells less than 2-inch diameter shall be sealed only with neat Portland cement. Wells in Hydrogeologic Areas 3, 4, and 5 Filling and Sealing Procedures. Fill material shall extend from the bottom of the well to within 20 feet of the casing bottom, except for filling materials used in unsuccessful wells under Regulation .35C(2) of this chapter. If rapid loss of sealing material into the rock occurs during emplacement, coarse fill material may be used to fill voids. Placement of Material. The following standards shall be met in placing filling or sealing materials: The well shall be sealed with the appropriate material emplaced from the top of the fill material; When neat Portland cement, concrete, or bentonite slurry is used, it shall be placed in one continuous operation utilizing a pipe extended to the bottom of the interval to be sealed except as noted in §D of this regulation; Bentonite chips or pellets: Shall be used in such a way as to prevent bridging, but if bridging occurs, the well shall be drilled out; May not be used for casing diameters smaller than 2 inches; and Shall follow the specific product manufacturer’s instructions for their use. Special Procedures for Filling and Sealing Certain Wells. A dug well shall be filled and sealed by the following procedure: Placing fill material in the well to a level approximately 5 feet below the land surface; Placing a 2-feet thick layer of concrete above the fill; and Filling the remainder of the well to the ground surface. A monitoring well shall be sealed by the following procedure: For monitoring wells less than 50 feet in depth: Ripping or removing the casing; and Filling the well with sealing material; or For monitoring wells greater than 50 feet in depth follow the procedures specified in §B of this regulation. A geothermal well shall be sealed by; Removing all fluids from the tubing; and Filling the tubing and any open portion of the borehole with grout. Upon the recommendation of the Approving Authority and the approval of the Department, variances to the distance requirements of the regulations of this chapter for all wells and the construction standards for replacement wells may be granted, provided that the public health and the environment are protected. If the Approving Authority determines that there has been a violation of this chapter or of any permit or permit special condition, the Approving Authority shall: Serve upon the alleged violator a written complaint specifying the nature and extent of the violation, items to be corrected, and time limits for correction; and Notify the well owner of the violation. If a person violating a requirement of this chapter cannot correct the violation, the Approving Authority may require abandonment and sealing of the well. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority. A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is subject to the provisions under Environment Article, §9-1311, Annotated Code of Maryland. A person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter is guilty of a misdemeanor and upon conviction is subject to the provisions under Environment Article, §9-1311, Annotated Code of Maryland. Environment Article, §§9-1305 and 9-1305.1, Annotated Code of Maryland Effective date: November 28, 1980 (7:24 Md. R. 2257) Regulations .02J and .07B, C, D, G, J, and N amended effective March 1, 1982 (9:4 Md. R. 331) Regulations .07Q and .09D adopted effective August 31, 1981 (8:17 Md. R. 1420) Regulation .09C and D amended as an emergency provision effective May 26, 1983 (10:12 Md. R. 1070), emergency status expired September 26, 1983 Regulation .09C and D amended and E adopted effective December 5, 1983 (10:24 Md. R. 2189) Map recodified as Regulation .13 Chapter recodified from COMAR 10.17.13 to COMAR 26.04.04 Regulation .07D amended as an emergency provision effective November 5, 2007 (34:26 Md. R. 2260); emergency status expired May 3, 2008 Regulation .09B amended effective September 2, 2002 (29:17 Md. R. 1382) Regulation .09B-1, F, and G adopted effective November 25, 1991 (18:23 Md. R. 2493) Regulation .12D amended effective October 26, 1992 (19:21 Md. R. 1894) Regulation .12F amended effective November 25, 1991 (18:23 Md. R. 2493) Regulations .01—.13 repealed and new Regulations .01—.39 adopted effective January 19, 2015 (42:01 Md. R. 19) The following terms have the meanings indicated. Terms Defined. “Approving authority” means the local, county, or city health department. “Controlling authority” means a governmental body empowered by the county or municipality to provide for management, operation, and continuous preventive and corrective maintenance of a shared facility. “Shared facility” means a water or sewerage system which serves more than one lot of land or more than one user on a single lot of land with water or sewerage systems located on the individual lots or on parcels owned in common by the users or the controlling authority. “Users” means a single family residence, multi-residential unit, commercial unit, or equivalent of them, which is served by the shared facility. A controlling authority shall conform to all applicable State and county laws, ordinances, and regulations. A controlling authority may purchase, hold, lease, build, construct, own, operate, repair, maintain, and improve a shared facility in a county and enter into contractual agreements with the federal government, the State, or with a municipality, person or individual providing services for a shared facility. The controlling authority may not be the approving authority. The controlling authority may establish, operate, or manage a shared facility if this action does not violate any federal, State or local laws or regulations, and is in compliance with the county water and sewer plan, and would be in the interest of the public health, safety, and comfort. In all cases, the controlling authority and its designee shall be approved by the approving authority and the Department of the Environment. This approval shall be conditional upon the financial and ownership requirements as are found necessary to insure continued efficiency and effective operation of the system. The controlling authority shall make such provisions as are necessary to insure that all sanitary facilities under its control cannot be dissolved or otherwise made legally or functionally inoperative unless the sanitary facilities are replaced by facilities which provide equal or better protection to the public health and that of the users, except when the users no longer require any sanitary facilities. Any person may apply in writing to a controlling authority requesting the controlling authority to establish and operate a shared facility. The approving authority may order the controlling authority to perform repairs or corrections in order to insure proper operation of the shared facility. All water and sewerage systems shall be constructed and operated in accordance with all applicable State and local laws and regulations. The design of all sewerage treatment and disposal systems operated as a shared facility shall be reviewed and approved by both the Department of the Environment and the approving authority. Subsurface Disposal. There shall be an area or areas of land suitable for subsurface disposal set aside for each dwelling unit or equivalent which is equal to that specified in COMAR 26.04.03 for sewage purposes. The land so set aside may not have any structures erected upon it except that the approving authority may approve the installation of playground or athletic equipment of types which do not affect the operation or performance of the systems. This land may not be disturbed by earth moving or grading after its approval for use by the approving authority without prior authorization by the approving authority. A covering or topping such as gravel, asphalt, or concrete, which impedes the growth of vegetation, may not be placed on the land set aside for subsurface disposal. The suitability of land for wastewater disposal shall be determined in accordance with COMAR 26.04.02 and 26.04.03. The wastewater flow, by which the sizing of the disposal fields is determined, shall be calculated by adding the flows per individual unit as determined in COMAR 26.04.02. The land set aside for sewage disposal shall have enough area for the construction of the initial disposal field and two replacement fields. Collection Lines. The collection lines of any shared facility shall be guided by the design guidelines for sewerage facilities which are contained in “Design Guidelines for Sewerage Facilities” 1978 Edition (Technical Bulletin M-DHMH-EHA-S001) which is incorporated by reference. The following shall also apply: All piping, pumps, and control equipment shall be capable of withstanding the corrosive effects of anaerobic sewage. Duplex pumping facilities may not be required for individual home pumping units. Septic Tanks. All shared systems which use septic tanks shall have one tank per dwelling unit. Septic tanks shall have an access port at ground level, which is at least 24 inches in its minimum dimension, to enable the tank to be inspected and cleaned. All tanks shall be located so as to be accessible for cleaning and maintenance. Pumps. All sewerage disposal systems using septic tank effluent pumping (STEP) type collection system shall have an individual pump for each user. The pumps shall be housed in a water-tight pump pit with access to the surface of the ground. All pumps shall be located so as to be accessible for repair and replacement. The approving authority, with concurrence by the Department of the Environment, may grant exceptions to §§D—F of this regulation when, in the opinion of the approving authority, the exceptions will result in improved or equivalent operation, maintenance, or benefit to the public health, and when improved technology, determined by the approving authority to be equivalent or an improvement to that specified in §§D—F, is to be employed. Environment Article, §§9-208, 9-252, 9-319, 10-103, Annotated Code of Maryland Effective date: November 4, 1985 (12:22 Md. R. 2104) Chapter recodified from COMAR 10.17.15 to COMAR 26.04.05 The purpose of this chapter is to establish requirements and control measures for the utilization of sewage sludge. These regulations specifically apply to all persons engaged in the following utilization activities of sewage sludge, or any product containing this material, which is either generated or utilized in the State of Maryland: Treatment facility, Regulations .12—.16 of this chapter; Composting facility, Regulations .17—.21 of this chapter; Transportation, Regulations .22—.26 of this chapter; Storage facility, Regulations .27—.31 of this chapter; Distribution facility, Regulations .32—.36 of this chapter; Agricultural land, Regulations .37—.41 of this chapter; Marginal land, Regulations .42—.46 of this chapter; Energy generation or incineration, Regulations .47—.51 of this chapter; Marketing, Regulations .52—.55 of this chapter; Research project, Regulations .56—.60 of this chapter; Innovative project, Regulations .61—.65 of this chapter; and Disposal or alternative utilization at municipal landfill, Regulations .66—.70 of this chapter. A person may not engage in sewage sludge utilization in a manner which will likely: Cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; Create a nuisance; Be conducive to insect and rodent infestation or the attracting or harboring of animals or vectors; Pollute the air; Allow the physical transportation of sewage sludge outside the permitted site by any means; or Cause a discharge of constituents to waters of this State unless otherwise permitted by the Department. In this chapter, the following documents are incorporated by reference: 40 CFR §503.32, as amended; and 40 CFR §503.33, as amended. The following terms have the meanings indicated. Terms Defined. “Aerobic digestion” means the biochemical decomposition of organic matter in sewage sludge by microorganisms in the presence of air. “Agricultural land” means as defined in COMAR 15.20.06. “Agronomic rate” means the sewage sludge application rate, in dry weight basis, based on the nitrogen or phosphorus requirement of the crop or vegetation to be grown, whichever is determined to be the most limiting nutrient, that is designed to minimize the amount of the limiting nutrient in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater. “Anaerobic digestion” means the biochemical decomposition of organic matter in sewage sludge by microorganisms in the absence of air. “Aquifer” means a geologic formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs. “Base flood” means a flood that has a 1 percent chance of occurring in any given year (for example, a flood with a magnitude equaled once in 100 years). Biosolids. “Biosolids” means treated sewage sludge that meets the standards for Class A or B sewage sludge. “Biosolids” does not mean grit and screenings collected at a wastewater treatment plant or ash generated by the incineration of sewage sludge. “Bulk sewage sludge” means sewage sludge that is not sold or given away in a bag or other container for application to the land. “Cesspool” means a covered hole or pit to hold sewage. “Class A sewage sludge” means treated sewage sludge that meets the standards defined in 40 CFR §503.32(a). “Class B sewage sludge” means treated sewage sludge that meets the standards defined in 40 CFR §503.32(b). “Collection” means any action involved in the gathering or subsequent placement of sewage sludge, or any other product containing sewage sludge, into a vehicle, container, or any other vessel for transportation. “Composting” means the biological decomposition of organic matter under controlled thermophilic aerobic conditions. “Constituent” means any component of sewage sludge that is an organic, inorganic, or combination of organic and inorganic substances, including pathogenic organisms. “Constituent limit” means a numerical value that describes the: Amount of a constituent allowed per unit amount of sewage sludge, such as milligrams per kilogram of total solids; Amount of a constituent that can be applied to a unit area of land, such as kilograms per hectare; or Volume of a material that can be applied to a unit area of land, such as gallons per acre. "Container" means either an open or closed receptacle with a load capacity of 1 metric ton or less that includes a bucket, box, carton, vehicle or trailer. “Contaminate” means to introduce a substance that causes the maximum contaminant level for constituents as defined by the United States Environmental Protection Agency (USEPA) in 40 CFR §141.62(b) to be exceeded in surface or groundwater of the State or that causes the existing concentration of constituents in surface or groundwater to increase when the existing concentration of constituent in the surface or groundwater exceeds the maximum contaminant level for nitrate or other constituents as defined by the USEPA in 40 CFR §141.62(b). “Contaminate an aquifer” means to introduce a substance that causes the maximum contaminant level for nitrate or other constituents as defined by the USEPA in 40 CFR §141.62(b) to be exceeded in the groundwater of the State or that causes the existing concentration of nitrate in the groundwater to increase when the existing concentration of nitrate in the groundwater exceeds the maximum contaminant level for nitrate as defined by the USEPA in 40 CFR §141.62(b). “County” means as defined in the Environment Article, §1-101(c), Annotated Code of Maryland. “Cover” means soil or other material acceptable to the Department used to cover sewage sludge placed on a sewage sludge site. “Cover crop” means a crop, such as cereal grains, that is planted following the harvest of summer crops for the purpose of the seasonal protection of soil, the assimilation of residual nitrogen left from a previous crop, and the continued mineralization of nitrogen. “Crop residue” means vegetative matter remaining on the soil surface after harvest, which is capable of minimizing rainfall impact energy to reduce soil erosion potential. “Crops for direct human consumption” means crops that are consumed by humans without processing to minimize pathogens before marketing to the consumer. “Cumulative constituent loading rate” means the maximum amount of an inorganic constituent that can be applied to an area of land. “CWA” means the Federal Clean Water Act (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and Public Law 100-4. “Density of microorganisms” means the number of microorganisms per unit mass of total solids in dry weight in the sewage sludge. “Department” means the Maryland Department of the Environment. Disposal. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placement of sewage sludge into or on any land or water. “Disposal” includes incineration or landfilling. “Dried sewage sludge” means sewage sludge with total solids content greater than 35 percent. “Dry weight basis” means a weight calculated on the basis of sewage sludge having been dried at 105ºC until reaching a constant mass, which is essentially 100 percent solids content. “Established crop” means a crop that has germinated and attained at least 70 percent surface coverage on the field as measured by the standard line-transect method. “Feed crops” means crops produced primarily for consumption by animals. “Fiber crops” means crops that produce fiber for processing into woven material, such as flax and cotton. “Field ditch” means a perennial or intermittent man-made drainage ditch that: Was never a natural stream; Is distinguished from a natural stream by its landscape position and associated soil mapping units, as found in the United States Department of Agriculture (USDA) soil survey for the county; and Is not within a: Floodplain soil-mapping unit; Hydric soil that is mapped as a narrow, elongated feature in a fluvial or floodplain position; and Soil-mapping unit that has a slope class of “B” or steeper. “Final cover” means the last layer of soil or other material placed on a sewage sludge site at closure. “Final utilization” means the complete and ultimate utilization of sewage sludge after which the sewage sludge receives no further treatment or processing. “Food chain crops” means crops grown for human consumption, crops grown as feed for animals that will be consumed by humans, and tobacco. “Food crops” means same as food chain crops. “Forest” means a tract of land thick with trees and underbrush. “Grit” means sand, gravel, cinders, or other materials with a high specific gravity removed during the treatment of wastewater in a wastewater treatment plant. “Groundwater” means water below the land surface in a saturated zone. “Handle” means same as market. “Holding tank” means a watertight receptacle, which is used, or intended to be used, for the collection of sewage. “Incineration” means the controlled combustion of organic matter and inorganic matter in sewage sludge by high temperatures in an enclosed device. “Incinerator” means a furnace or combustion unit that uses controlled flame combustion for the thermal destruction of sewage sludge with or without other wastes. “Incinerator ash” means the residual ash generated during the firing of a waste to energy facility or an incinerator. “Label” means the display of all written, printed, or graphic material on the immediate container, or information accompanying the material. “Land application” means the placement of sewage sludge, or any other product containing sewage sludge on or mixed with or injected into land used to support vegetative growth. Land with a High Potential for Public Exposure. “Land with a high potential for public exposure” means land that the public uses frequently. “Land with a high potential for public exposure” includes a public contact site and a marginal land located in a populated area, such as a construction site located in a city. Land with a Low Potential for Public Exposure. “Land with a low potential for public exposure” means land that the public uses infrequently. “Land with a low potential for public exposure” includes agricultural land, forest, and a marginal land located in an unpopulated area, such as a strip mine located in a rural area. “Leachate” means any liquid that has percolated through solid waste including sewage sludge and may contain dissolved, miscible, or suspended material from the sewage sludge or solid waste pile. “Liquid byproducts” means liquid that: Is generated from the contact of precipitation with sewage sludge in storage; Separates from sewage sludge during storage; or Is generated from cleaning a treatment, composting, storage, or distribution facility. “Liquid sewage sludge” means sewage sludge with solids content less that 15 percent or sewage sludge that fails the free liquids test described in Regulation .09C(4)(b) of this chapter. “Local health official” means the county health officer, the Baltimore City Commissioner of Health, the Director of the Office of Environmental Protection at Montgomery County, other local officials as identified by the Department, or their designees. “Lower explosive limits” means the lowest percent by volume of a mixture of explosive gases that will propagate a flame in air at 25ºC and atmospheric pressure. “Management unit” means an area sharing common characteristics, including soil type, nutrient content, and plant type or crop produced, so that nutrients can be recommended and managed in a uniform and consistent manner. Marginal Land. “Marginal land” means land where the soil characteristics provide poor support for normal vegetative growth over time, and are being, or are proposed to be, revegetated. “Marginal land” may include land regraded after surface mining activities, abandoned strip mine areas, areas where topsoil has been removed, filled areas, a landfill closure cap, and closed and capped landfills. Market. “Market” means to barter, sell, offer for sale, consign, furnish, provide, or otherwise supply a material as part of a commercial enterprise or a giveaway program. “Market” does not mean marketing to a distribution facility regulated by the Department under Regulations .32—.36 of this chapter. “Mineralization” means the process that converts unavailable organic forms of nutrient elements to an available inorganic state as a result of bacterial decomposition. “Municipal landfill” has the meaning stated in COMAR 26.04.07. “Nuisance” means unreasonable interference with the quality of life of the public because of the characteristics of noise, odor, solids, vapors, liquids, or gases, which causes distress or potential health impacts to members of the public or residents or users of properties adjacent to a site where sewage sludge is being utilized or has been utilized, as determined by the Department. “Nutrient Management Plan” has the meaning stated in COMAR 15.20.08. “Pasture land” means land on which animals feed directly on feed crops, such as legumes, grasses, or grain stubble. “Pathogenic organisms” means organisms capable of causing disease in humans that include certain bacteria, protozoa, viruses, and viable helminth ova. “Permanent facility” means a facility that is designed primarily for sewage sludge treatment or sewage sludge composting. "Permitting Authority” means the Maryland Department of the Environment. “Permittee” means a person who holds a Sewage Sludge Utilization Permit. “Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “PFRP” means a process to further reduce pathogens. “pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25ºC or measured at another temperature and then converted to an equivalent value at 25ºC. “Privy” means an earth or watertight pit or receptacle for receiving non-water-carried human wastes over which is placed a privy house containing a toilet seat or seats. “PSRP” means a process to significantly reduce pathogens. Public Contact Site. “Public contact site” means land with a high potential for contact by the public. “Public contact site” includes public parks, athletic fields, cemeteries, plant nurseries, turf farms, and golf courses. “Qualified groundwater scientist” means an individual with a baccalaureate or post-graduate degree in the natural sciences or engineering who has sufficient training and experience in groundwater hydrology and related fields, as may be demonstrated by State registration, professional certification, or completion of accredited university programs, to make sound professional judgments regarding groundwater monitoring, constituent fate and transport, and corrective action to the satisfaction of the Department. “Reclamation site” means same as a “marginal land.” “Runoff” means any precipitation, leachate, or other liquid that drains over land from any part of a site that is derived from precipitation. “Screenings” means materials such as rags or debris collected during the primary treatment of wastewater in a wastewater treatment plant. “Sewage sludge” means any thickened liquid, suspension, settled solid, or dried residue that a sewage treatment plant extracts from sewage. “Sewage sludge cake” means sewage sludge with total solids content between 15 and 35 percent. “Sewage sludge compost” means a sewage sludge produced by the decomposition of a mixture of sewage sludge and a bulking agent, such as wood chips, that destroys primary pathogenic and malodorous components. Sewage Sludge Generator. “Sewage sludge generator” means a person who owns or operates a facility that receives and processes sewage in this State or produces sewage sludge to be utilized in this State. “Sewage sludge generator” includes: The Washington Suburban Sanitary Commission; and The Maryland Environmental Service. “Sewage sludge generator” does not include the owner or operator of a septic system. “Sewage Sludge Utilization Permit” means a permit, issued by the Department, to utilize sewage sludge. “Sewage sludge utilizer” means any person who utilizes sewage sludge in this State. “Sewage treatment plant” means a wastewater treatment plant. "SOUR” means the specific oxygen uptake rate that represents the mass of oxygen consumed per unit time per unit mass of total solids, in dry weight basis, in the sewage sludge. “State” means the State of Maryland unless otherwise specified. “Storage” means the containment of sewage sludge, or any other product containing sewage sludge after removal from a wastewater treatment plant and before utilization. “Surface water” means all waters of the State that are not groundwater. “Tidal wetland” has the meaning stated in COMAR 26.04.02.02. “Total solids” means the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105ºC. “Transportation” means the movement or conveyance of sewage sludge or any other product containing sewage sludge by air, rail, road, pipeline, or water. “Treatment” means a process, which alters, modifies, or changes the biological, physical, or chemical characteristics of sewage or sewage sludge. “Unstable area” means land subject to natural or human-induced forces including land on which soils are subject to mass movement, areas underlain by limestone or marble, (“karst terrain”), and areas subject to dissolution features, such as the formation of sinkholes. “USDA-NRCS” means the United States Department of Agriculture-Natural Resources Conservation Service. “User” means a person other than a sewage sludge utilizer whom does not require a Sewage Sludge Utilization Permit to use a Class A sewage sludge as fertilize or soil conditioner in residential or commercial property. Utilize Sewage Sludge. "Utilize sewage sludge” means to collect, handle, burn, store, treat, or transport sewage sludge to or from a sewage sludge generator or utilizer in this State, to apply sewage sludge to land, or to dispose of sewage sludge. “Utilize sewage sludge” includes composting, distribution, generating energy, marketing, conducting innovative or research projects, disposing or alternatively utilizing at a municipal landfill, or constructing and operating a landfill for sewage sludge, or any product containing sewage sludge, which is either generated or utilized in the State. “Vector attraction” means the characteristic of sewage sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents. “Volatile solids” means the amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550ºC in the presence of excess air. “Wastewater treatment plant” or ”WWTP" means a facility designed and constructed to receive, treat, or store sewage or sewage combined with other waterborne waste. The person applying for a Sewage Sludge Utilization Permit shall agree, as a condition for the issuance of the permit or any other authorization or approval issued by the Department, to allow the Secretary of the Department of the Environment, the local health official, or their authorized representatives, at reasonable times and upon presentation of credentials, to: Enter upon the premises or a location where any records are required to be maintained under the terms and conditions of the Sewage Sludge Utilization Permit, authorization, or approval issued by the Department; Have access to and copy any records required to be maintained under the terms and conditions of the Sewage Sludge Utilization Permit, authorization, or approval issued by the Department; Inspect any monitoring equipment or monitoring procedures required in the Sewage Sludge Utilization Permit, authorization, or approval issued by the Department; Inspect any collection, transport vehicles, treatment, pollution management, or control facilities required under the Sewage Sludge Utilization Permit, authorization, or approval issued by the Department; Sample any ground or surface waters, soils, vegetation, sewage sludge, or other materials on the site; Perform any activities to determine compliance status with the terms and conditions of the Sewage Sludge Utilization Permit, authorization, or approvals issued by the Department or the applicable regulations; and Obtain any photographic documentation or evidence. Specific Constituent Limitations for Sewage Sludge. The following constituent limitations apply to application of sewage sludge: Bulk sewage sludge may not be applied to the land if the concentration of any constituent in the sewage sludge exceeds the ceiling concentration for the constituent in Table 1 of §B(1) of this regulation; Bulk sewage sludge may not be applied to agricultural or marginal land, forest, or a public contact site if either: The cumulative loading rate for any constituent exceeds the cumulative constituent loading rate for the constituent in Table 2 of §B(2) of this regulation; or The concentration of any constituent in the sewage sludge exceeds the concentration for the constituent in Table 3 of §B(3) of this regulation; Bulk sewage sludge may not be applied to a lawn or a home garden if the concentration of any constituent in the sewage sludge exceeds the concentration for the constituent in Table 3 of §B(3) of this regulation; and Sewage sludge may not be sold or given away in a bag or other container for application to the land if: The concentration of any constituent in the sewage sludge exceeds the concentration for the constituent in Table 3 of §B(3) of this regulation; or The product of the concentration of any constituent in the sewage sludge and the whole annual sewage sludge application rate for the sewage sludge causes the annual constituent loading rate for the constituent in Table 4 of §B(4) of this regulation to be exceeded. Determination of Annual Whole Sewage Sludge Application Rate (AWSAR). The following equation expresses the relationship between the AWSAR in metric tons per hectare per 365 day period on a dry weight basis and the annual constituent loading rate (ACLR) in kilograms per hectare per 365 day period for a constituent: To determine the AWSAR for sewage sludge, a person shall sequentially do the following: Step 1 — analyze a sample of the sewage sludge to determine the concentration for each of the constituents listed in Table 4 of §B(4) of this regulation; Step 2 — using the constituent concentrations from Step 1 and the ACLRs from Table 4 of §B(4) of this regulation, calculate an AWSAR for each constituent using Equation # 1 from §A(2)(a) of this regulation; and Step 3 — identify as the AWSAR for the sewage sludge the lowest AWSAR calculated in Step 2. Equation # 1: AWSAR = ACLR/(C x 0.001) Constituent Concentrations and Loading Rates — Sewage Sludge. Ceiling Concentrations. Cumulative Constituent Loading Rates. Constituent Concentrations. Annual Constituent Loading Rates. Except for owners or operators of on-site sewage disposal systems as defined in COMAR 26.04.02.02B(27), each sewage sludge generator shall submit to the Department the results of laboratory analysis of representative composite sewage sludge samples from each wastewater treatment plant located in State and out-of-State in accordance with the following requirements: All sample analyses shall be performed by an independent laboratory or another laboratory acceptable to the Department, using standards, procedures, and methods that are acceptable to the Department; and The analysis shall include, at a minimum, percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorus, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), the dry weight concentration of total Kjeldahl nitrogen, and any analysis demonstrating that the sewage sludge meets the requirements for Class A or Class B. Unless the Department specifies an alternative schedule, as provided in §C(2) and (3) of this regulation, the analysis required in §A of this regulation shall be performed in accordance with the frequency specified in the following Table 1: The Department may: Require analyses for sewage sludge constituents other than those identified in §A(2) of this regulation to adequately assess the quality of sewage sludge; Require more frequent analysis than is specified in §B of this regulation to adequately assess the quality of sewage sludge; Approve a request to discontinue analyzing for any of the constituents identified in §A(2) of this regulation or to reduce the testing frequency specified in §B of this regulation if a sufficient number of sewage sludge samples have been analyzed by the sewage sludge generator to characterize sewage sludge quality on an annual as well as seasonal basis; Require that laboratory results be accompanied by a description of the method of analysis; and Reject an analysis if it determines that the method of analysis is inaccurate, or for any other good cause. The Department may consider the failure to submit the analysis required in §§A—C of this regulation to be grounds for: Revocation or modification of any Sewage Sludge Utilization Permit, authorization, or approval previously issued by the Department for the utilization of that generator’s sewage sludge; and Denial of any new, material alteration or extension, modification, or renewal application for a Sewage Sludge Utilization Permit, authorization, or approval issued by the Department for the utilization of that generator’s sewage sludge. The Department may establish a plant-available nitrogen value for a generator’s sewage sludge using the equation in §F of this regulation if the sewage sludge generator submits to the Department the following: A written request to establish a plant-available nitrogen value for the generator’s sewage sludge to be utilized in the following calendar year; A certification that the sewage sludge treated by the generator during the preceding calendar year meets the standards for Class A or B sewage sludge and that the sewage sludge was treated under the direction and supervision of a responsible municipal official, the generator’s wastewater treatment plant owner, or other responsible official in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the certification information submitted to the Department; A written statement that the approved treatment process that has been authorized by the Department has not been changed during the preceding calendar year; and The results of laboratory analysis of representative composite samples of the sewage sludge which was obtained from the wastewater treatment plant that is generating the sewage sludge in accordance with §§A—C of this regulation or as determined by the Department. The pounds of plant-available nitrogen per ton of sewage sludge (PAN lbs/ton) shall be calculated using the following equation: The Department may revoke an authorization to land apply a generator’s sewage sludge with an established plant-available nitrogen value if: The generator does not comply with the treatment standards for Class B sewage sludge; The generator does not comply with the sampling and testing requirements specified in this regulation; The generator does not comply with the record-keeping and reporting requirements specified in Regulation .07 of this chapter; The generator does not comply with the sewage sludge generator fees requirements specified in Regulation .08 of this chapter; The generator does not comply with the terms and conditions of the Sewage Sludge Utilization Permit, authorization, or approval issued by the Department for the generator’s wastewater treatment plant; The sewage sludge has been generated in a state in which the laws or the application of these laws do not result in the land application of sewage sludge in that state; or For any other good cause as determined by the Department. Except for owners or operators of on-site sewage disposal systems as defined in COMAR 26.04.02.02B(27), each sewage sludge generator shall submit to the Department a complete and accurate generator’s report on a form provided by the Department. A sewage sludge generator whose wastewater treatment plant is located out-of-State shall submit to the Department a generator's report for that portion of the generator's sewage sludge that is utilized in the State as a condition for reauthorizing the utilization of that generator's sewage sludge in Maryland under a Sewage Sludge Utilization Permit. The sewage sludge generator shall maintain records of the destination and final utilization of the sewage sludge leaving that generator’s wastewater treatment plant. At a minimum, the records shall include the following: The date the sewage sludge leaves that generator’s wastewater treatment plant; The amount of sewage sludge leaving that generator’s wastewater treatment plant; The sewage sludge utilization method; and The county and site where the bulk sewage sludge is being utilized. The sewage sludge generator shall submit to the Department the generator’s report in accordance with a schedule established by the Department. A responsible municipal official, the generator’s wastewater treatment plant owner, or other responsible official as stipulated on the generator’s report form shall sign the sewage sludge generator’s report. The sewage sludge generator shall provide the sewage sludge utilizer with an annual certification as required in Regulation .06E(2) of this chapter. The sewage sludge generator shall inform the sewage sludge utilizer of any changes to the sewage sludge treatment process at the generator’s wastewater treatment plant that requires the Department’s authorization. Failure to submit the required generator’s report may constitute grounds for revocation or modification of any Sewage Sludge Utilization Permit, authorization, or approval previously issued by the Department for that generator’s sewage sludge, and denial of any new, modification, or renewal application for a Sewage Sludge Utilization Permit, authorization, or approval to be issued by the Department for that generator’s sewage sludge. Each sewage sludge generator shall pay the Department an annual sewage sludge generator fee for each wet ton of sewage sludge generated by the sewage sludge generator during the previous calendar year as reported on the Sewage Sludge Generator Report Form provided by the Department. The sewage sludge generator fee shall be determined based on: The amount of sewage sludge generated; and A per ton fee rate that may vary depending on the sewage sludge utilization option, whether the source of the sewage sludge is in-State or out-of-State, and the Department’s anticipated costs of monitoring and regulating sewage sludge utilization activities and anticipated costs for program implementation. Annual Generator Fee Schedule. Base Fee Rate. The base fee rate to be used in calculating the annual generator fee for a sewage sludge generator shall be $1.00 for each wet ton of sewage sludge generated. The Department may modify the base fee rate on an annual basis for the next applicable State fiscal year to provide adequate revenue to cover the Department’s anticipated costs of monitoring and regulating sewage sludge utilization activities and anticipated costs for program implementation. Base Fee Rate Adjustment Factors. In-State Sources of Sewage Sludge. For in-State sources of sewage sludge, the base fee rate shall be adjusted depending on how the sewage sludge is utilized by using the appropriate base fee rate adjustment factor in Table 1 of §C(2)(a)(ii) of this regulation, as explained in §C(3) of this regulation. Table 1 – Base Fee Rate Adjustment Factors. For out-of-State sources of sewage sludge, the base fee rate adjustment factor shall be 2.0. Fee Calculation — In-State Sources of Sewage Sludge. To determine the annual generator fee for a sewage sludge generator located in Maryland, the following process shall be followed: Calculate a utilization option fee for each utilization option applicable to the generator by: Identifying the base fee rate adjustment factor for a given utilization option from Table 1 of §C(2)(a)(ii) of this regulation; and Calculating the utilization option fee as (the number of wet tons of sewage sludge generated during the reporting period) x (the base fee rate for the reporting period as determined by the Department) x (the base fee rate adjustment factor for the utilization option); Determine a tentative annual sewage sludge generator fee by adding together the utilization option fees determined in accordance with §C(3)(a) of this regulation; and Set the annual sewage sludge generator fee at either the tentative annual sewage sludge generator fee determined in accordance with §C(3)(b) of this regulation or $50, whichever is greater. Fee Calculation — Out-of-State Sources of Sewage Sludge. To determine the annual sewage sludge generator fee for a sewage sludge generator whose source or sources of sewage sludge is located outside of Maryland, the following process shall be followed: Calculate the tentative annual sewage sludge generator fee as (the number of wet tons of sewage sludge utilized during the reporting period) x (the base fee rate for the reporting period as determined by the Department) x ( the base fee rate adjustment factor for out-of-State sources of sewage sludge); and Set the annual sewage sludge generator fee at either the tentative annual generator fee determined in accordance with §C(4)(a) of this regulation or $50, whichever is greater. Annual Billing. Billing for the annual generator fee shall be based on the generation of sewage sludge by a generator during the previous calendar year as reported on the generator’s Sewage Sludge Generator Report as required in Regulation .07 of this chapter. Failure to pay the annual generator fee may constitute grounds for revocation or modification of any Sewage Sludge Utilization Permit, authorization, or approval issued by the Department for the utilization of that generator’s sewage sludge, and denial of any new, modification, or renewal application for a Sewage Sludge Utilization Permit, authorization, or approval for the generator for the utilization of that generator’s sewage sludge. The Department may inspect and audit all records or files associated with the annual generator fee required in §C of this regulation. If an audit reveals that any amount of money was improperly withheld from the Department: A generator shall remit that amount to the Department within 30 days of notification of the error by the Department; and A generator may be subject to other penalties as provided by law or regulation. 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. The Department may not issue a Sewage Sludge Utilization Permit for the purpose of utilizing sewage sludge to grow tobacco. Sewage Sludge Utilization Permits issued under this regulation are not required for the following persons or activities: 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: 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; 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; 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; 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; 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 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; A person transporting sewage sludge that was generated in another state for utilization outside of the State of Maryland; 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: 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 The period of transportation does not exceed 30 days unless specifically authorized by the Department; 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: The sewage sludge does not contain free liquid, with the presence of free liquid determined by: 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 A comparable test approved by the Department; 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; 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 The period of transportation does not exceed 30 days unless specifically authorized by the Department; 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: 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; The person complies with the requirements for transportation established by the Department; and The period of transportation does not exceed 30 days unless specifically authorized by the Department; 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; 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; A person mixing sewage sludge that has been classified by the Department as Class A sewage sludge with other material if: 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 The person receives a written authorization from the Department before the mixing may commence; 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: The period of storage does not exceed 180 days; and The storage does not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; A person who constructs and operates a sewage sludge-to-energy facility or a sewage sludge incinerator 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 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; 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 A person who conducts an innovative or research project to utilize sewage sludge at a wastewater treatment plant if: 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; 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; 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 The innovative or research project is regulated by any other applicable permits issued by the Department. Except as provided under the provisions of §B of this regulation, a person applying for a Sewage Sludge Utilization Permit shall file with the Department a performance bond on a form prescribed or approved by the Department, liability insurance, or other form of security. The performance bond, liability insurance, or other form of security shall be payable to the Department and the obligation of the performance bond, liability insurance, or other form of security shall be conditioned upon the compliance with the terms and conditions of the Sewage Sludge Utilization Permit. A performance bond, liability insurance, or other form of security is not required for the following persons or activities: An applicant proposing to dispose of or utilize sewage sludge at a municipal landfill if it is determined by the Department that the municipal landfill is regulated by a Refuse Disposal Permit issued in accordance with Environment Article, §9-204, Annotated Code of Maryland, and that the financial assurance requirement in Environment Article, §9-211, Annotated Code of Maryland, has been met; Users of sewage sludge that comply with the requirements of Regulations .09 and .52 of this chapter, and market Class A sewage sludge in accordance with a Sewage Sludge Utilization Permit issued by the Department; or Any local, State, or federal governmental agency or unit. The amount of the performance bond, liability insurance, or other form of security shall be: $10,000 for a Sewage Sludge Utilization Permit for the transportation or marketing of sewage sludge, or for utilizing sewage sludge as part of a research project; $30,000 for a Sewage Sludge Utilization Permit to apply sewage sludge on agricultural land; $50,000 for a Sewage Sludge Utilization Permit to apply sewage sludge on marginal land; $75,000 for a Sewage Sludge Utilization Permit for utilizing sewage sludge as part of an innovative project; or $125,000 for a Sewage Sludge Utilization Permit for an in-State sewage sludge treatment, composting, storage, or distribution facility. The amount of the performance bond, liability insurance, or other form of security for combined activities is the highest amount of all utilization activities listed in the Sewage Sludge Utilization Permit Application. The Department may allow a permittee obtaining several Sewage Sludge Utilization Permits to apply sewage sludge on agricultural or marginal land to file one performance bond, liability insurance, or other form of security to satisfy the security requirements for more than one utilization site. The amount of the performance bond, liability insurance, or other form of security shall be the amount required in §C of this regulation for the first site plus 40 percent of the amount required in §C of this regulation for each additional site up to a maximum amount of $200,000. Liability under the performance bond, liability insurance, or other form of security shall remain in effect until all terms and conditions of the Sewage Sludge Utilization Permit have been met. The Department may release the performance bond, liability insurance, or other form of security after the Department has determined that all terms and conditions of the Sewage Sludge Utilization Permits covered by the performance bond, liability insurance, or other form of security have been complied with. The performance bond, liability insurance, or other form of security shall be executed by the person applying for a Sewage Sludge Utilization Permit and obtained from a corporate surety licensed to do business in this State. Instead of a performance bond, liability insurance, or other form of security executed by a corporate surety, the person may elect to deposit with the Department cash or negotiable bonds of the federal government or of this State or any other securities acceptable to the Department. The amount of the cash deposit or the market value of any securities shall be at least equal to the required sum of the performance bond, liability insurance, or other form of security. The Department shall receive and hold the cash or securities in trust, for the purposes for which the deposit is posted. The obligation of the person applying for a Sewage Sludge Utilization Permit and of any corporate surety under the performance bond, liability insurance, or other form of security shall become due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of complying with any requirement of the Sewage Sludge Utilization Permit if the Department has: Notified the permittee and any corporate surety that the terms and conditions of the Sewage Sludge Utilization Permit have not been complied with, and has specified in the notice the particular noncompliance with the Sewage Sludge Utilization Permit terms or conditions; Given the permittee a reasonable opportunity to correct the deficiencies and to comply with all of the terms and conditions of the Sewage Sludge Utilization Permit; and Determined that, at the end of a reasonable length of time, some or all of the noncompliance specified under §H(1) of this regulation remain uncorrected. The Department shall deny an application for a Sewage Sludge Utilization Permit if the Department finds that: The person applying for a Sewage Sludge Utilization Permit cannot utilize sewage sludge without causing an undue risk to the environment or the public health, safety, or welfare as may be determined by the Department; The person applying for a Sewage Sludge Utilization Permit is violating Environment Article, §§9-230—9-251, 9-269, or 9-270, Annotated Code of Maryland; The sewage sludge generator from which the sewage sludge was generated has not paid the applicable generator’s fee specified in Regulation .08 of this chapter; or The sewage sludge has been generated in a state in which the laws or the application of those laws do not result in the land application of sewage sludge in that state. The Department may deny an application for a Sewage Sludge Utilization Permit if the Department finds that: The sewage sludge generator from which the sewage sludge was generated is not in compliance with the sampling and testing requirements specified in Regulation .06 of this chapter; The sewage sludge generator from which the sewage sludge was generated is not in compliance with the record-keeping and reporting requirements specified in Regulation .07 of this chapter; The person applying for a Sewage Sludge Utilization Permit has insufficient resources to meet the performance bond or other financial securities requirements of the Sewage Sludge Utilization Permit; The person applying for a Sewage Sludge Utilization Permit has failed to submit the applicable Sewage Sludge Utilization Permit Application fee; The person applying for a Sewage Sludge Utilization Permit has failed to submit information requested by the Department; or For any other good cause as determined by the Department. The Department shall send to the local health official and the local soil conservation district a notice of the denial of an application in the county for a Sewage Sludge Utilization Permit. The Department may issue a Sewage Sludge Utilization Permit to construct and operate a treatment facility to generate Class A or B sewage sludge and to market the Class A sewage sludge in Maryland if the person applying for a permit demonstrates that the following conditions and requirements will be met: The treatment process shall meet, at a minimum, the applicable requirements for Class A or B sewage sludge; For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall be maintained between the treatment facility sewage sludge processing or storage area and the nearest inhabited off-site dwelling, except that this buffer distance may be reduced if the Department determines that the treatment facility has adequate odor control measures; The treatment facility shall be designed, constructed, and operated to safely treat the sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and For marketing Class A sewage sludge in Maryland that is generated by a wastewater treatment plant in Maryland, the person applying for a permit shall describe to the Department’s satisfaction how the following conditions will be met: The sewage sludge to be marketed will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, or in a manner that causes or likely to cause a discharge of constituents to the waters of the State; and The sewage sludge to be marketed is free of liquid, with the presence of free liquid determined by Application of Method 9095B (Paint Filter Liquids Test) as outlined in the most recent edition of the U.S. EPA Publication SW-846 “Test Methods for Evaluating Solid Waste”, which is incorporated by reference in COMAR 26.13.01.05A(4); or A comparable test approved by the Department. A written quality control monitoring plan approved by the Department shall be implemented to ensure that the Class A sewage sludge to be marketed meets the Department's standards regarding the destruction of primary pathogenic organisms, reduction of vector attraction, and limitations for heavy metals and other constituents. The Department may issue a Sewage Sludge Utilization Permit to construct and operate a sewage sludge treatment facility by processes other than those used to classify the material as Class A or B sewage sludge if the applicant demonstrates, at a minimum, that the requirements specified under §A of this regulation will be met. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge treatment facility is to be located. A person shall submit to the Department six completed copies of the Sewage Sludge 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. The application shall include the following completed information: A written authorization signed by the legal owners of the site where the treatment facility is to be located; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed treatment facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the treatment facility will be located and the names of the legal owners of the site; A current site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of the sewage sludge to be treated, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed description of the treatment methods, processes, and monitoring procedures; Detailed engineering plans and specifications for the treatment facility prepared, signed, and bearing the seal of a registered professional engineer; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be treated; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the treated sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; Methods and procedures for restricting public access to the site; For marketing Class A sewage sludge, a marketing plan and strategy for the treated sewage sludge with a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge; For marketing Class A sewage sludge, documentation that the marketing and final utilization of the Class A sewage sludge: Will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, and Will not cause or likely cause a discharge of constituents to the waters of the State; For marketing Class A sewage sludge, a label that shall accompany the marketed sewage sludge, which: Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), field stockpiling (staging) and storage requirements, odor control measures, warnings, and restrictions necessary for utilization; Advises the person who is utilizing the product that the authorization to market the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and Includes any specific restrictions, warnings, or cautionary statements that the Department requires to be included on the label; and For marketing Class A sewage sludge, a demonstration of how the applicant will implement any additional conditions and management practices to market the Class A sewage sludge that the Department may require as it determines necessary; Quality control monitoring plans; Information on protection of water resources, including: A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements: The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04; Plans for on-site storage of treated sewage sludge; An assessment of the potential environmental impact of the treatment facility; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(14) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $350; and For a renewal permit application, $350. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall: Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substantial circulation in the county where the sewage sludge treatment facility is to be constructed and operated that contains the following information: Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; A list of the persons within the local jurisdiction who have been sent copies of the application; A statement of the right of the county or municipal corporation, if applicable, to request a public hearing within 15 calendar days after receipt of the application; and Provisions for examination of the application by interested parties; and Mail a copy of the application and the public notice published in accordance with §A(1) of this regulation to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge treatment facility is to be constructed and operated; The chairman of the legislative body and any elected executive of any other county within 1 mile of the sewage sludge treatment facility; and The local health official. Within 15 calendar days of receipt of the application and the public notice, the chairman of the legislative body or any elected executive of the county or municipal corporation where the sewage sludge treatment facility is to be constructed and operated may request in writing that the Department conduct a public hearing. If the Department receives a request for a public hearing in accordance with §B of this regulation, or if the Department determines that a public hearing would serve the public interest, the Department shall hold a public hearing in the affected subdivision where the facility is to be constructed and operated. The Department shall notify the person applying for the Sewage Sludge Utilization Permit and shall give the person the opportunity to present information at the public hearing. After the Department has established the date, place, and time for a public hearing, the Department shall publish a notice of the public hearing in a local newspaper having a substantial circulation in the county where the sewage sludge treatment facility is to be constructed and operated. The notice shall contain the following information: A statement of the legal authority and jurisdiction under which the public hearing is to be held, and a reference to the particular statutes and regulations involved; Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; The date, time, and place of the public hearing; and Provisions for examination of the application by interested parties. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years: The source, type, and quantity, including documentation of sewage sludge received and treated at the treatment facility; The sewage sludge treatment methods; Process monitoring and operating information demonstrating that the treated sewage sludge meets the requirements as specified in the applicable Sewage Sludge Utilization Permit; A summary of the results of laboratory analysis that includes: Copies of all analyses of chemical quality of the treated sewage sludge generated at the facility and the water quality for all constituents listed in the applicable Sewage Sludge Utilization Permit; and In the event that a constituent exceeded the allowable level, a discussion or explanation of the exceedance; The time periods during which the treatment facility is inoperational; The quantity, including documentation of treated and untreated sewage sludge transported from the treatment facility; The dates of transportation of treated and untreated sewage sludge from the treatment facility; The destinations and final utilization of treated and untreated sewage sludge; Descriptions of problems encountered and their solutions; Other related information regarding the treatment facility as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for a sewage sludge treatment facility: Modification to the treatment facility’s operation plan; Addition of new sewage sludge sources or types of sewage sludge received at the treatment facility; Modification to the treatment facility’s water quality monitoring plans; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for a sewage sludge treatment facility: Extension of the size of the structures or buildings used for the treatment of sewage sludge; Modification to the types of treatment authorized by the Sewage Sludge Utilization Permit for the treatment facility; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit, or for other good cause as determined by the Department. The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility until: The composting facility meets all zoning and local land use requirements of the county where the composting facility is to be located; and The Department has received a written statement that the board of county commissioners or the county council of the county where the composting facility is to be located does not oppose the issuance of the Sewage Sludge Utilization Permit. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility and to market the Class A sewage sludge compost if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met: The composting process shall meet, at a minimum, the applicable requirements for Class A or B sewage sludge; For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall be maintained between the composting facility sewage sludge processing or storage area and the nearest inhabited off-site dwelling, except that this buffer distance may be reduced if the Department determines that the composting facility has adequate odor control measures; The composting facility shall be designed, constructed, and operated to safely compost the sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The composting process shall be conducted in a vessel approved by the Department, or inside a roofed structure with an impervious floor with drains connected to a sanitary sewer system or other permitted treatment facility; The composted sewage sludge shall be placed on an impervious floor with drains connected to a sanitary sewer system or other permitted wastewater treatment facility; and For marketing Class A sewage sludge compost in Maryland that is generated by a composting facility in Maryland, the person applying for a permit shall describe to the Department’s satisfaction how the following conditions will be met: The sewage sludge to be marketed will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and The sewage sludge does not contain free liquid, with the presence of free liquid determined by: 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 A comparable test approved by the Department. A written quality control monitoring plan approved by the Department shall be implemented to ensure that the Class A sewage sludge to be marketed meets the Department's standards regarding the destruction of primary pathogenic organisms, reduction of vector attraction, and limitations for heavy metals and other constituents. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge composting facility is to be installed, materially altered, or materially extended. A person shall submit to the Department seven completed copies of the Sewage Sludge 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. The application shall include the following completed information: A written authorization signed by the legal owners of the site where the composting facility is to be installed, materially altered, or materially extended; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed composting facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the composting facility will be located and the names of the legal owners of the site; A current site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of sewage sludge to be composted, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed description of the composting methods, processes, and monitoring procedures; Detailed engineering plans and specifications for the installation, material alteration, or material extension of the composting facility prepared, signed, and bearing the seal of a registered professional engineer; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be composted; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the composted sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; Methods and procedures for restricting public access to the site; For marketing Class A sewage sludge, a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge; For marketing Class A sewage sludge, documentation that the marketing and final utilization of the Class A sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, and it does not cause or likely cause a discharge of constituents to the waters of the State; For marketing Class A sewage sludge, a label that shall accompany the marketed sewage sludge, which: Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), field stockpiling (staging) and storage requirements, odor control measures, warnings, and restrictions necessary for utilization; Advises the person who is utilizing the product that the authorization to market the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and Includes any specific restrictions, warnings, or cautionary statements that the Department requires to be included on the label, and For marketing Class A sewage sludge, a description that satisfies the Department of how the person will implement any additional conditions and management practices to market the Class A sewage sludge that the Department may require as it determines necessary; Quality control monitoring plans; Information on protection of water resources, including: A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements: The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04; Plans for on-site storage of composted sewage sludge; An assessment of the potential environmental impact of the composting facility; Fire prevention and control plan; A marketing plan and strategy for the composted sewage sludge with a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(16) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $350; and For a renewal permit application, $350. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall: Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substantial circulation in the county where the sewage sludge composting facility is to be installed, materially altered, or materially extended that contains the following information: Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; A list of the persons within the local jurisdiction who have been sent copies of the application; A statement of the right of the county or municipal corporation, if applicable, to request a public hearing within 15 calendar days after receipt of the application; and Provisions for examination of the application by interested parties; and Mail a copy of the application and the public notice published in accordance with §A(1) of this regulation to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge composting facility is to be installed, materially altered, or materially extended; The chairman of the legislative body and any elected executive of any other county within 1 mile from the location where the sewage sludge composting facility is to be installed, materially altered, or materially extended; and The local health official. Within 15 calendar days of receipt of the application and the public notice, the chairman of the legislative body or any elected executive of the county or municipal corporation where the sewage sludge composting facility is to be installed, materially altered, or materially extended may request in writing that the Department conduct a public hearing. If the Department receives a request for a public hearing in accordance with §B of this regulation, or if the Department determines that a public hearing would serve the public interest, the Department shall hold a public hearing in the affected subdivision where the sewage sludge composting facility is to be installed, materially altered, or materially extended . The Department shall notify the person applying for the Sewage Sludge Utilization Permit and shall give the person the opportunity to present information at the public hearing. After the Department has established the date, place, and time for a public hearing, the Department shall publish a notice of the public hearing in a local newspaper having a substantial circulation in the county where the sewage sludge composting facility is to be installed, materially altered, or materially extended. The notice shall contain the following information: A statement of the legal authority and jurisdiction under which the public hearing is to be held, and a reference to the particular statutes and regulations involved; Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; The date, time, and place of the public hearing; and Provisions for examination of the application by interested parties. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years: The source, type, and quantity, including documentation of sewage sludge received and composted at the composting facility; The types of sewage sludge composting methods; Process monitoring and operating information demonstrating that the composted sewage sludge meets the requirements as specified in the applicable Sewage Sludge Utilization Permit; A summary of the results of laboratory analysis that includes: Copies of all analyses of chemical quality of the composted sewage sludge generated at the facility and the water quality for all constituents listed in the applicable Sewage Sludge Utilization Permit; and In the event that a constituent exceeded the allowable level, a discussion or explanation of the exceedance; The time periods during which the composting facility is inoperational; The quantity, including documentation of composted and uncomposted sewage sludge transported from the composting facility; The dates of transportation of composted and uncomposted sewage sludge from the composting facility; The destinations and final utilization of composted and uncomposted sewage sludge; Descriptions of problems encountered and their solutions; Other related information regarding the composting facility as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a composting facility upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, or material alteration or extension, and an explanation as to why it is needed; The permittee shall pay the Department a nonrefundable fee in accordance with the following schedule: For a modification, $40; and For a material alteration or extension, $130; and The Department determines that the proposed modification, or material alteration or extension is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are modifications to a Sewage Sludge Utilization Permit for a sewage sludge composting facility: Modification to the composting facility’s operation plan; Addition of new sewage sludge sources or types of sewage sludge received at the composting facility; Modification to the composting facility’s water quality monitoring plans; The permittee’s name change; or Other modifications as determined by the Department. The following are material alterations or extensions to the sewage sludge composting facility: Materially altering or extending the size of the structures or buildings used for composting sewage sludge; Change to the types of composting processes authorized by the Sewage Sludge Utilization Permit for the composting facility; or Other material alterations or extensions as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit or materially alters or extends a composting facility, the Department shall send notice of the modification, material alteration or extension to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to transport sewage sludge if the equipment to be used, the operation plan, and the destination of the sewage sludge meet the requirements established by the Department. Liquid sewage sludge may be pumped and transported by pipeline, truck, rail, or barge. Liquid sewage sludge shall be transported in closed watertight vessels or containers. Sewage sludge cake that is greater than 15 percent but less than 20 percent total solids content may be transported in watertight containers, such as dump truck bodies or trailers that are sealed to prevent leakage or in closed body vehicles, such as a concrete mixer truck, subject to the following requirements: The vehicle trailer shall be equipped with metal splash guards securely attached horizontally at the front and rear of the trailer; and Each splash guard shall span at least 25 percent of the trailer's open area and have no gaps through which sewage sludge cake may escape. Sewage sludge cake that is greater than 20 percent but less than 35 percent total solids content may be transported in watertight containers, such as dump truck bodies or trailers that are sealed to prevent leakage or in closed body vehicles, such as a concrete mixer truck, subject to the following requirements: The vehicle trailer shall be equipped with metal splash guards securely attached horizontally at the front and rear of the trailer; Each splash guard shall be at least 4 feet in length and shall be firmly welded or attached to the body of the trailer; and A medium or heavy duty solid rubber or plastic tarp shall cover the open area of the trailer and shall overlap the splash guard by a minimum of 1 foot. The tarp shall be firmly held down with straps that are attached to ratchets that are bolted to the trailer. The tarp shall cover the top of the trailer so that there is no vertical opening between the tarp and the splash guards, and no opening between the tarp and the sides of the trailer. Sewage sludge cake may be transported in watertight containers, such as dump truck bodies or trailers that are sealed to prevent leakage or in closed body vehicles, such as a concrete mixer truck, subject to the following freeboard requirements: If the total solids content is greater than 15 percent but less than 25 percent, then a minimum of 2 feet of freeboard shall be maintained between the sewage sludge cake and the top of the trailer unless the top of the trailer is completely sealed; or If the total solids content is greater than 25 percent but less than 35 percent, then a minimum of 1 foot of freeboard shall be maintained between the sewage sludge cake and the top of the trailer unless the top of the trailer is completely sealed. The Department may require certain types of sewage sludge cake to be transported as liquid sewage sludge. Dried sewage sludge may be transported in open vehicles, such as dump trucks, that are sealed to prevent leakage. The vehicles shall be covered with tarps or the equivalent. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be transported. A person shall submit to the Department six completed copies of the Sewage Sludge 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. The application shall include the following completed information: A description of the source, type, and quantity of sewage sludge to be transported, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; A detailed operation plan that includes, when applicable: Delineation of transportation routes, description of transportation vehicles, including type, size, number, type of seals on transportation vehicles and any modification made to prevent spills and leaks, and plans for maintaining clean transportation vehicles; A spill or leak clean-up plan describing the procedures for managing and reporting a sewage sludge spill or leak; Procedures for record keeping and reporting of the sewage sludge to be transported; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures for utilizing sewage sludge; and Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; The destination and a detailed description of the final utilization of the sewage sludge at the destination; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(2) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $45; and For a renewal permit application, $45. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application to transport sewage sludge in Maryland to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be transported; and The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where the sewage sludge is to be transported. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be transported receives the application regarding the proposed project. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years: The source, type, and quantity, including documentation of treated and untreated sewage sludge transported; The types of treatment the transported sewage sludge has received; The dates of transportation of treated and untreated sewage sludge; The destinations and final utilization of treated and untreated sewage sludge; Descriptions of problems encountered and their solutions; Other related information regarding the transportation of sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee shall pay the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for transportation of sewage sludge: Modification to haul routes; Modification to the types of transportation vehicles; Modification to the types of sewage sludge to be transported; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for transportation of sewage sludge: Modification to the sources of sewage sludge to be transported; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge storage facility until the storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge storage facility if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met: A 1,000-foot buffer zone shall be maintained between the storage facility property boundary lines and the nearest inhabited off-site dwelling, except that this buffer distance may be reduced if the Department determines that the storage facility has adequate odor control measures; A storage facility may not be located in a flood prone area; A storage facility located within a 100-year flood plain shall be evaluated as to its hydrologic impact on adjoining landowners; The storage facility shall be designed, constructed, and operated to safely store sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; A storage facility may be located on soils of low to moderate permeability or on soils that seal through sedimentation and biological action, subject to the following: The permeability of such soils may not exceed 1.0 x 10-7 cm/sec as measured by appropriate test methods that are acceptable to the Department; or If a storage facility is proposed on other soils, the Department shall require permeability tests or use of an impermeable membrane liner or soil sealant, or any combination of these; The minimum design capacity of a storage facility not completely enclosed shall be the maximum volume of sewage sludge to be stored, plus the estimated liquid volume from precipitation on the facility occurring during the period of storage, minus the expected liquid volume of evaporation on from the storage facility surface during the period of storage, plus the liquid volume resulting from the maximum expected 25-year, 24-hour precipitation event; A storage facility may be constructed of: Compacted soils; Manufactured materials, such as asphalt, steel, or reinforced concrete; Fiberglass; or Other materials approved by the Department; A storage facility constructed on an above ground embankment shall meet the following: The minimum combined inner and outer slopes of the embankment shall be 5 horizontal to 1 vertical with the wet side slope not steeper than a ratio of 2:1 and the dry side slope not steeper than 3:1; Embankments having a height of 14 feet or less shall have a minimum top width of 8 feet; Embankments having a height of 15 feet to 19 feet shall have a minimum top width of 10 feet; and The initial construction height of the embankment may be increased over the design height to insure that the approved top elevation of the embankment is maintained after settlement of the embankment has occurred, subject to the following: The increase in height of the embankment for the initial construction may not exceed 5 percent of the total approved height when compaction rollers are used; and The increase in height of the embankment for the initial construction may not exceed 10 percent of the total approved height when bulldozers or scrapers alone are used; The minimum height of the storage facility after settlement shall be 10 percent greater than the design storage depth for the sewage sludge, except that the Department may waive this provision or reduce the freeboard requirements if the storage facility design includes a secondary containment capability and the accumulated liquids are routinely removed from the storage facility; The side slopes of an excavated storage facility may not be steeper than 1:1; A storage facility constructed by both the embankment and excavation method shall meet all of the requirements of §B(8) of this regulation if the design depth of the sewage sludge impounded against the embankment is 3 feet or more; The storage facility shall be located in a relatively level area, usually less than 5 percent slope, and shall be located no closer than 150 feet from any drainage ditch, swale, or gully, and shall be bermed to prevent run-on of surface water, except that areas with ground slopes of greater than 5 percent may be considered suitable for a storage facility if diversion ditches, increased buffer distances, or other provisions can be made to further control storm water in the area of the storage facility; The cell floor elevation shall be at least 2 feet above the maximum seasonal high groundwater elevation; A storage facility may not be located on an unstable area; The storage facility shall be lined to prevent leakage of material to groundwater, with an acceptable liner being: A compacted soil layer at least 2 feet thick with an installed permeability of 1.0 x 10-5 cm/sec or less in combination with an artificial liner at least 30 mil in thickness with a permeability of 1.0 x 10-7 cm/sec or less, as measured by appropriate test methods that are acceptable to the Department; or Other manufactured storage structures acceptable to the Department, including asphalt or reinforced concrete structures, steel tanks, fiberglass tanks, or their equivalent; If a clay or soil liner is specified, the liner shall be constructed with protective layers to prevent erosion, dessication, and other sources of damage; Public access to the storage facility shall be controlled; and Any other conditions required by the Department to protect the public health and the environment. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge storage facility is to be installed, materially altered, or materially extended. A person shall submit to the Department seven completed copies of the Sewage Sludge Utilization Permit Application for a new Sewage Sludge Utilization Permit, a modification to a Sewage Sludge Utilization Permit, or a Sewage Sludge Utilization Permit renewal 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. The application shall include the following completed information: A written authorization signed by the legal owners of the site where the storage facility is to be installed, materially altered, or materially extended; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed storage facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the storage facility will be installed, materially altered, or materially extended and the names of the legal owners of the site; A current site-specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of sewage sludge to be stored, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; Detailed engineering plans and specifications including the design capacity calculation for the installation, material alteration, or material extension of the storage facility prepared, signed, and bearing the seal of a registered professional engineer; The specifications for any liners or soil sealants used; A quality assurance/quality control plan for construction of the storage facility which includes a provision that construction quality assurance/quality control shall be performed by an independent contractor not associated with the construction contractor; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be stored; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the stored sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; Information on protection of water resources, including: A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements: The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04; An assessment of the potential environmental impact of the storage facility; Documentation showing the maximum seasonal high groundwater elevation; For storage facilities constructed of earthen materials, or for storage facilities constructed or installed below grade, the following information: Adequate test boring logs, for a minimum of three borings per 10 acres, subject to the following: The logs shall detail the soil, sediment, and rock types encountered, depth of groundwater at time of completion and at 24 hours, 48 hours, and 72 hours after completion, and depth of auger refusal, if applicable; and The location of each boring shall be accurately mapped in accordance with §A(5) of this regulation; A description of the geology at the site, including a discussion of the geologic formations directly involved and the present and future use of these formations as a groundwater source and their relationship to underlying formations, providing cross sections based on the information compiled from borehole data, with this information being incorporated into the geologic and hydrogeologic report required by §A(5) of this regulation; A description of the hydrologic characteristics of the site, including a groundwater contour map superimposed on a topographic map, showing the location of the water table and the direction and rate of groundwater flow, a discussion of the infiltration capacity of surface soils, and the percolation capacity of subsurface soils, with this information being incorporated into the geologic and hydrogeologic report required by §A(5) of this regulation; and Provision for sediment and erosion control approved by the appropriate approving authority; For manufactured storage facilities, the following information: Information on the structural materials to be used; Design specifications, such as dimensions, structural capacity, maximum load, and restrictions on use; and Installation or construction techniques and procedures; For above ground enclosed storage facilities, a plan for controlling gaseous emissions and odors; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; A proposed closure and post-closure plan to be implemented for a period of not less than five years after the cessation of storage of sewage sludge at the storage facility and the removal of all sewage sludge stored at the storage facility; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(17) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $750; and For a renewal permit application, $750. For activities, which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a new, modification, or renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage facility to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the storage facility is to be installed, materially altered or materially extended; and The chairman of the legislative body and any elected executive of any other county within 1 mile from the location where the storage facility is to be installed, materially altered or materially extended. The Department shall comply with the requirements for public participation in the permitting process in Environment Article, Title 1, Subtitle 6, and §9-234.1, Annotated Code of Maryland. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years: The source, type, and quantity, including documentation of sewage sludge received and stored at the storage facility; The quantity, including documentation of sewage sludge transported from the storage facility; The dates of transportation of sewage sludge to and from the storage facility; The destinations and final utilization of sewage sludge transported from the storage facility; The water quality monitoring results required by the Department; Descriptions of problems encountered and their solutions; Other related information regarding the storage facility as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a storage facility upon request by the permittee if the following conditions are met: The permittee submits to the Department six completed copies of the Sewage Sludge Utilization Permit application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, material alteration or extension, and an explanation as to why it is needed; The permittee shall pay the Department a nonrefundable fee in accordance with the following schedule: For a modification, $40; and For a material alteration or extension, $130; and The Department determines that the proposed modification, material alteration, or extension is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are modifications to a Sewage Sludge Utilization Permit for a sewage sludge storage facility: Modification to the source or type of sewage sludge authorized for storage at the storage facility; Modification to the storage facility’s operation plan; Modification to the storage facility’s water quality monitoring plans; Modification to the closure and post-closure plan; Modification to the storage facility’s days or hours of operation if: The days and hours of operation were not an issue of concern during the public hearing process; and The permittee provides the Department with a written statement from the local government where the storage facility is located that the revised days and hours of operations meet all zoning and local land use requirements of the county where the storage facility is located; The permittee’s name change; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. The following are material alterations or extensions to the sewage sludge storage facility: Materially altering or extending the size of the structures or buildings used for storage of sewage sludge; Change to the storage facility’s days or hours of operation if: The days and hours of operation were an issue of concern during the public hearing process; and The permittee provides the Department with a written statement from the local government where the storage facility is located that the revised days and hours of operations meet all zoning and local land use requirements of the county where the storage facility is located; or Other material alterations or extensions as determined by the Department. If the Department considers an application for material alteration or extension complete and acceptable, the Department may process the application in accordance with the requirements under Regulation .29 of this chapter. If the Department modifies a Sewage Sludge Utilization Permit or materially alters or extends a storage facility, the Department shall send notice of the modification, material alteration or extension to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny an application to modify a Sewage Sludge Utilization Permit or materially alter or extend a storage facility if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge distribution facility if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met: The sewage sludge has been classified by the Department as Class A sewage sludge; When distributed, a label shall accompany the distributed sewage sludge, which: Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), warnings, and restrictions necessary for usage or storage; Advises the person who is utilizing the product that the authorization to distribute the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and Includes any specific restrictions, warnings, or cautionary statement that the Department requires to be included on the label; The sewage sludge to be distributed from the distribution facility does not contain free liquid, with the presence of free liquid determined by: 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 A comparable test approved by the Department; For a facility constructed after May 26, 2014, a 1,000-foot buffer zone shall be maintained between the distribution facility sewage sludge processing or storage area and the nearest inhabited off-site dwelling, except that this buffer distance may be reduced if the Department determines that the distribution facility has adequate odor control measures; A distribution facility may not be located in a flood prone area; A distribution facility located within a 100-year flood plain shall be evaluated as to its hydrologic impact on adjoining landowners; The distribution facility is designed, constructed, and operated to safely distribute sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The cell floor elevation shall be at least 2 feet above the maximum seasonal high groundwater elevation; A distribution facility may not be located on an unstable area; Any other special conditions and management practices to land apply Class A sewage sludge required by the Department as the Department determines necessary; and Public access to the distribution facility is controlled. A written quality control monitoring plan approved by the Department shall be implemented by the facility to ensure that the Class A sewage sludge to be distributed meets the Department's standards regarding the destruction of primary pathogenic organisms, reduction of vector attraction, and limitations for heavy metals and other constituents. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge distribution facility is to be located. A person shall submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application for a new Sewage Sludge Utilization Permit, a modification to a Sewage Sludge Utilization Permit, or a Sewage Sludge Utilization Permit renewal 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. The application shall include the following completed information: A written authorization signed by the legal owners of the site where the distribution facility is to be installed, materially altered, or materially extended; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed distribution facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the distribution facility will be installed, materially altered, or materially extended and the names of the legal owners of the site; A current site-specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site-specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of sewage sludge to be distributed, including any previous treatment the Class A sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; Detailed engineering plans and specifications including the design capacity calculation for the installation, material alteration, or material extension of the distribution facility prepared, signed, and bearing the seal of a registered professional engineer; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be distributed; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the distributed sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; A proposed ground and surface water monitoring plan that: Includes a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site; Specifies the location and type of monitoring stations; Specifies the method of construction of monitoring wells; and Provides that monitoring wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04; An assessment of the potential environmental impact of the distribution facility; Documentation showing the maximum seasonal high groundwater elevation; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; A label shall accompany the distributed sewage sludge, which: Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), warnings, and restrictions necessary for usage or storage; Advises the person who is utilizing the product that the authorization to distribute the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and Includes any specific restrictions, warnings, or cautionary statement that the Department requires to be included on the label; A description of the distribution system to include an identification of the final utilization of the Class A sewage sludge; Quality control monitoring plans; Documentation that the proposed distribution and final utilization of the Class A sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(12) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $750; and For a renewal permit application, $750. For activities which involve transportation of the sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of the sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a new, modification, or renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a Class A sewage sludge distribution facility to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the distribution facility is to be installed, materially altered or materially extended; and The chairman of the legislative body and any elected executive of any other county within 1 mile from the location where the distribution facility is to be installed, materially altered or materially extended. The Department shall comply with the requirements for public participation in the permitting process in Environment Article, Title 1, Subtitle 6, and §9-234.1, Annotated Code of Maryland. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years: The source, type, and quantity, including documentation of sewage sludge received at and distributed from the distribution facility; The dates of transportation and distribution of Class A sewage sludge to and from the distribution facility; The destinations and final utilization of the Class A sewage sludge; The water quality monitoring results required by the Department; Descriptions of problems encountered and their solutions; Other related information regarding the distribution of Class A sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a distribution facility upon request by the permittee if the following conditions are met: The permittee submits to the Department six completed copies of the Sewage Sludge Utilization Permit application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, material alteration or extension, and an explanation as to why it is needed; The permittee shall pay the Department a nonrefundable fee in accordance with the following schedule: For a modification, $40; and For a material alteration or extension, $130; and The Department determines that the proposed modification, material alteration, or extension is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are modifications to a Sewage Sludge Utilization Permit for a Class A sewage sludge distribution facility: Modification to the source or type of Class A sewage sludge authorized for distribution from the distribution facility; Modification to the distribution facility’s operation plan; Modification to the distribution facility’s water quality monitoring plans; Modification to the closure and post-closure plan; Modification to the distribution facility’s days and hours of operation provided the days and hours of operation were not an issue of concern during the public hearing process; The permittee’s name change; Modifications to the approved label; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. The following are material alterations or extensions to a Class A sewage sludge distribution facility: Materially altering or extending the size of the structures or buildings used to distribute Class A sewage sludge; Change to the distribution facility’s days or hours of operation if the days and hours of operation were an issue of concern during the public hearing process; or Other material alterations or extensions as determined by the Department. If the Department considers an application for material alteration or extension complete and acceptable, the Department may process the application in accordance with the requirements under Regulation .34 of this chapter. If the Department modifies a Sewage Sludge Utilization Permit or materially alters or extends a distribution facility, the Department shall send notice of the modification, material alteration or extension to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny an application to modify a Sewage Sludge Utilization Permit or materially alter or extend a distribution facility if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on agricultural land if the following requirements are met: The sewage sludge has been classified by the Department as Class B sewage sludge and meets the applicable vector attraction reduction requirements in 40 CFR §503.33; The concentration of each constituent in the sewage sludge is less than or equal to the ceiling concentration for the constituent listed in Table 1 of Regulation .05B(1) of this chapter; The sewage sludge meets one of the following criteria: No constituent in the sewage sludge exceeds the cumulative constituent loading rate for the constituent listed in Table 2 of Regulation .05B(2) of this chapter; or No constituent in the sewage sludge exceeds the constituent concentration for the constituent listed in Table 3 of Regulation .05B(3) of this chapter; A nutrient management plan is prepared for the site by a certified and licensed nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04, and is in compliance with COMAR 15.20.07 and 15.20.08; and Expected crop yields submitted to the Department as part of the Sewage Sludge Utilization Permit Application are determined to be in accordance with the requirements in COMAR 15.20.08. The Department may restrict or apply special provisions for the land application of sewage sludge on fields that are adjacent to or bordering homes, schools, places of worship, hospitals, legal boundaries of incorporated municipalities, or other locations of concern as determined by the Department. Sewage sludge may not be applied on agricultural land unless: The sewage sludge has been classified by the Department as Class A sewage sludge; or The sewage sludge has been classified by the Department as Class B sewage sludge and the requirements of §D of this regulation are met. Class B sewage sludge may be applied on agricultural land only if the following requirements are met: The requirements of §A(1)—(5) of this regulation; Requirements concerning minimum buffer distances, as follows: Class B sewage sludge may not be applied closer than the minimum buffer distance to a feature of concern identified in Table 1 of §D(2)(b) of this regulation, unless the Department establishes an alternate minimum buffer distance in accordance with §D(2)(e) of this regulation. Table 1 — Minimum Buffer Distances Sewage sludge may be land applied even though soil survey results indicate that the depth to bedrock or the depth to the water table is less than 20 inches if it can be demonstrated that field conditions are in compliance with the 20-inch buffer distance requirements for these features of concern by: Using a soil test pit or an auger boring for each applicable soil mapping unit; and Demonstrating compliance within 7 days before land application; For agricultural land located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, sewage sludge: May not be land applied within 100 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands; and May only be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands; Except as otherwise prohibited by law, the Department may modify the minimum buffer distances established in §D(2)(b) of this regulation as follows: The Department may increase or decrease the minimum buffer distance associated with any feature of concern identified in Table 1 of §D(2)(b) of this regulation; The Department may establish minimum buffer distances for features of concern not identified in Table 1 of §D(2)(b) of this regulation, such as particular categories of land use; and In modifying the minimum buffer distances, the Department may consider the sewage sludge application method, the application rate, adjacent land use, land slopes, vegetated filter strip, the type and condition of any surrounding bodies of water, and any other factor considered relevant by the Department; Bulk sewage sludge may not be applied to a public contact site; Requirements concerning slope, as follows: Unless modified by the Department in accordance with §D(4)(b) of this regulation, the following requirements concerning slope shall be met: The sewage sludge may not be applied on a slope that is greater than 15 percent; Liquid sewage sludge which is surface applied on a slope that is greater than 6 percent shall be applied in accordance with COMAR 15.20.08; and Liquid sewage sludge may be subsurface injected on a slope that is up to 15 percent; and The limits of §D(4)(a) of this regulation may be modified by the Department, but only if the Department determines that sediment and erosion controls or other features at a site, or both, are sufficient to protect the public health and the environment; Sewage sludge may not be applied when: The soil is saturated; The ground is flooded, ponded, frozen or covered with snow; or Weather conditions prevent compliance with the requirement to incorporate the sewage sludge into the soil; The timing of sewage sludge land application shall be in accordance with the requirements of COMAR 15.20.08; Areas where sewage sludge is to be applied shall be clearly marked with stakes or other markers before the application of the sewage sludge; Sites shall be contour plowed, if required by the Department; At the time of land application of sewage sludge on a permitted privately owned site, if required by the Department, the permittee posts signs that meet the following requirements: The location, size, content, and number of the signs are as specified by the Department; The signs are legible, placed in conspicuous areas on the boundaries of the permitted fields, and visible from contiguous public roads and properties with occupied dwellings; The locations of the signs and time period during which the signs are required to be posted are not in violation of any local or State laws or regulations; The signs are composed of weather resistant materials and sturdily mounted so as to be capable of remaining in place for 30 days after completion of the land application of sewage sludge on the permitted site; and The signs are maintained, promptly repaired, or replaced if they are removed or damaged so as to render any of the information illegible; For a permitted publically owned site, the permittee is in compliance with sign requirements that will be determined by the Department based on site-specific information; The sewage sludge shall be applied in a manner approved by the Department using conventional agricultural equipment, such as manure spreaders, spray equipment, or other applicators, or by commercial equipment specifically designed for sewage sludge application on agricultural land, with all conventional agricultural and commercial equipment used for agricultural land application required to be calibrated in accordance with the manufacturer’s recommendations before land application of the sewage sludge begins; The sewage sludge applied shall be incorporated into the soil by the end of each working day unless incorporation is excepted by Section 1D of the Maryland Nutrient Management Manual incorporated by reference into COMAR 15.20.07.02; When sewage sludge is applied to forage grasses, the grass shall be cropped or closely grazed immediately before sewage sludge land application; Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge; Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge; Animals whose products are consumed by humans may not be allowed to graze on the land for 30 days after application of sewage sludge, and the growth of crops for direct human consumption is prohibited for 3 years after land application of sewage sludge; Food crops harvested off sewage sludge land application sites shall meet the following requirements: Food crops with harvested parts that touch the sewage sludge soil mixture and are totally above the land surface may not be harvested for 14 months after application of sewage sludge; Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for four months or longer before incorporation in the soil; Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months before incorporation into the soil; Feed crops or fiber crops may not be harvested for 30 days after application of sewage sludge; and Turf grown on land where sewage sludge is applied may not be harvested for 1 year after application of sewage sludge when the harvested turf is placed on either a lawn or land with a high potential for public exposure, unless otherwise specified by the Department; and Trucks, tires and vehicle undercarriages shall be cleaned on the site to prevent drag-out of soil or sewage sludge onto public roads. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be applied on agricultural land, subject to the following: Adjacent properties owned and operated by separate persons shall be considered as separate sites; and Nonadjacent parcels of land that are owned or operated by the same person, as evidenced by a farm plan or other documentation acceptable to the Department, may be considered a single site if the distance between the parcels is 3 miles or less. A person shall submit to the Department seven completed copies of the Sewage Sludge 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. The Sewage Sludge Utilization Permit Application to apply sewage sludge on agricultural land shall include seven completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department: An owner’s consent form completed and signed by the legal owners of the site where sewage sludge is to be applied; A site information form completed and signed by the person applying for a permit and the farmer or operator of the site where sewage sludge is to be applied; and A completed manganese advisory form signed by the person applying for the permit, the farmer or operator and the legal owners of the site where sewage sludge is to be applied if the site is located on the Coastal Plain and the sewage sludge to be applied is limed sewage sludge. The Sewage Sludge Utilization Permit Application to apply sewage sludge on agricultural land shall include seven completed copies of the following information: The sources and types of sewage sludge to be applied, including any treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A current site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, the property boundary lines, field boundaries, and the proximity of the site to major roads in the area and any roads on the site; A current site plan that includes: The location of property boundary lines and field boundaries; The exact acreage where sewage sludge is to be applied; The location of all buffer distances; The location of any residences or buildings on site or within 1/2 mile of the site; 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; The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water; The location of any on-site area with a slope of 15 percent or greater; The location of any on-site bedrock outcropping; The location of any on-site depression area; The surrounding land uses; Other features as determined by the Department; and A legend identifying the key features on the site plan; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; The dry weight concentration of iron if the project involves the application of sewage sludge on pasture land; The dry weight concentration of Calcium Carbonate (CaCO3) or equivalent if the sewage sludge to be applied is a lime stabilized or lime amended sewage sludge; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment; 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 Sewage Sludge Utilization Permit Application by the Department subject to the following: All soil samples shall be collected from within the field that would receive sewage sludge in accordance with the requirements in COMAR 15.20.08; Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of sewage sludge; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: pH, cation exchange capacity, and soil texture; 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 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; A soil map and soil map units from the USDA-NRCS identifying the location of cation exchange capacity tests and pH testing of the soil; A soil map and soil map units from the USDA-NRCS identifying the proposed location of one soil test pit or auger boring to a depth of at least 36 inches for each soil mapping unit present on the USDA-NRCS county soils map but not less than one soil test pit or auger boring every 5 acres to identify the texture of the soils encountered and the depth to groundwater at the time of application as required by the Department; Calculations of the lime required to raise the soil pH level to 6.0 and to maintain it at a minimum level of 6.0 over the life of the Sewage Sludge Utilization Permit; A tax map showing the property line, owner, acreage, and liber and folio numbers; A USDA-NRCS county soil survey map or a portion thereof clearly identifying the sites of the proposed sewage sludge land application including a description of each soil map unit found on the site; A detailed operation plan that includes, when applicable: Procedures for sampling, record keeping, and reporting of the sewage sludge to be utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the treated sewage sludge; Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; A list of type of crops or cover species to be grown, which indicate the crop yields as required in Regulation .37A(5) of this chapter; A nutrient management plan that: Has been prepared by a certified and licensed nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04; and Is in compliance with COMAR 15.20.07 and 15.20.08; and Other information that may be requested by the Department. The Department may reject an analysis of sewage sludge or a soil sample submitted in accordance with §D(4) and (5) 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. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $175; and For a renewal permit application, $175. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application to apply sewage sludge on agricultural land to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be applied; The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where sewage sludge is to be applied; and The local health official. Within 10 calendar days of receipt of the application, the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be applied on agricultural land may request that the Department conduct a public information meeting. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be applied on agricultural land receives the application regarding the proposed project. If the Department receives a request for a public information meeting in accordance with §B of this regulation, the Department shall conduct a public information meeting in the affected subdivision. The person applying for the Sewage Sludge Utilization Permit shall be notified and be given the opportunity to present information at the public information meeting. The Department may consolidate public information meetings within a county for more than one Sewage Sludge Utilization Permit Application. After the Department has established the date, location, and time for a public information meeting, the Department shall publish a notice of the receipt of the permit application and of the public information meeting, at least 14 calendar days before the public information meeting, in a newspaper of general circulation in the area that the Department determines may be directly affected by the project. The public notice shall briefly describe the proposed project and state the date, time, and location established by the Department for the public information meeting. At least 7 calendar days before the date of the public information meeting, the person applying for the Sewage Sludge Utilization Permit shall provide copies, by certified mail or other means of delivery acceptable to the Department, of the Department’s notice for the public information meeting to owners of all real property within 1,000 feet of the boundaries of the site where the sewage sludge is to be applied on agricultural land. The person applying for the Sewage Sludge Utilization Permit shall submit to the Department copies of the documentation of the public information meeting notices as proof of notification to all owners of real properties within 1,000 feet of the boundaries of the site where the sewage sludge is to be applied. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge received and applied on the agricultural land; The dates of land application of sewage sludge; The number and size of the fields where sewage sludge was applied on agricultural land; Cumulative and annual constituent loading rates including plant-available nitrogen, P2O5, and K2O; Descriptions of problems encountered and their solutions; Other related information regarding the land application of sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. Prior to land application of sewage sludge on the permitted site, the permittee shall provide the farmer and operator of the site where the sewage sludge is to be land applied with a copy of the nutrient management plan for the site for the year of application as required in Regulation .38D(13) of this chapter. Within 30 days of land application of sewage sludge, the permittee shall provide the farmer or operator and the legal owner of the site where sewage sludge was applied with a copy of the report required by §B of this regulation and a site-specific map with a minimum scale of 1 inch = 200 feet showing the areal extent of the site and the exact acreage where sewage sludge was applied. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for agricultural land application of sewage sludge: Addition of sewage sludge from the same approved source that has received a different treatment than the approved sewage sludge; Modification to the site’s operation plan; Addition of a crop or cover crop; Adjustment of approved maximum nitrogen per acre requirements for a different crop or cover crop; The permittee’s name change; or Other modification as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for agricultural land application of sewage sludge: Addition of a new sewage sludge source or type to be applied; Increase in the size of the permitted acreage; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on a marginal land at rates up to 50 dry tons per acre if the following requirements are met: The sewage sludge has been classified by the Department as Class B sewage sludge and meets the applicable vector attraction reduction requirements in 40 CFR §503.33; The concentration of each constituent in the sewage sludge is less than or equal to the ceiling concentration for the constituent listed in Table 1 of Regulation .05B(1) of this chapter; and The sewage sludge meets one of the following criteria: No constituent in the sewage sludge exceeds the cumulative constituent loading rate for the constituent listed in Table 2 of Regulation .05B(2) of this chapter; or No constituent in the sewage sludge exceeds the constituent concentration for the constituent listed in Table 3 of Regulation .05B(3) of this chapter. Sewage sludge may not be applied on a marginal land unless: The sewage sludge has been classified by the Department as Class A sewage sludge; or The sewage sludge has been classified by the Department as Class B sewage sludge and the requirements of §C of this regulation are met. Class B sewage sludge may be applied on a marginal land only if the following requirements are met: The requirements of §A(1)—(3) of this regulation; Bulk sewage sludge may not be applied to a public contact site; The sewage sludge may not be applied within a vertical distance of 2 feet of the maximum expected high groundwater level; Minimum buffer distances are maintained in accordance with the requirements in Regulation .37D(2) of this chapter; Areas where sewage sludge is to be applied shall be clearly marked with stakes or other markers before the application of the sewage sludge; The sewage sludge shall be spread evenly over the site using conventional earth moving equipment, agricultural equipment, or commercial equipment specifically designed for application of sewage sludge; The sewage sludge applied shall be incorporated into the soil by the end of each working day; A crop that is not grown for direct human consumption shall be planted after sewage sludge application during the next available planting season in accordance with a plan approved by the Department; Application of sewage sludge shall cease when weather or site conditions or odors prevent compliance with an operation plan approved by the Department; At the time of application of sewage sludge on a permitted privately owned site, if required to do so by the Department, the permittee posts signs that meet the following requirements: The location, size, content, and number of the signs are as specified by the Department; The signs are legible, placed in conspicuous areas on the boundaries of the permitted fields, and visible from contiguous public roads and properties with occupied dwellings; The locations of the signs and time period during which the signs are required to be posted are not in violation of any local or State laws or regulations; The signs are composed of weather resistant materials and sturdily mounted so as to be capable of remaining in place for 30 days after completion of the land application of sewage sludge on the permitted site; and The signs are maintained, promptly repaired, or replaced if they are removed or damaged so as to render any of the information illegible; For a permitted publically owned site, the permittee is in compliance with sign requirements that will be determined by the Department based on site-specific information; Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge; Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge; Animals whose products are consumed by humans may not be allowed to graze on the land for 30 days after application of sewage sludge, and the growth of crops for direct human consumption is prohibited for 3 years after the application of sewage sludge; Trucks, tires and vehicle undercarriages shall be cleaned on the site to prevent drag-out of sewage sludge or soil onto public roads; and The Department may impose other restrictions on the application project necessary to minimize the risk to the environment or public health, safety, or welfare as may be determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on a marginal land at rates greater than 50 dry tons per acre if the following conditions are met: The requirements of §§A—C of this regulation are met; The applicant demonstrates to the Department that the high application rate is reasonable due to site-specific conditions or sewage sludge characteristics; The applicant submits a report detailing the potential environmental impacts of the project, subject to the following: The report shall consider, at a minimum, the potential impacts of the project on soils, groundwater, surfacewater, adjacent properties, and future land use; and The report shall contain the results of all on-site tests and laboratory reports necessary to assess the environmental impacts on the project; and The Department determines that the requested application rate is reasonable based on the site specific conditions, the characteristics of the sewage sludge, and that the project will not cause an undue risk to the environment or public health, safety, or welfare. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be applied on a marginal land, subject to the following: Adjacent properties owned and operated by separate persons shall be considered as separate sites; and Nonadjacent parcels of land that are owned or operated by the same person, as evidenced by a farm plan or other documentation acceptable to the Department, may be considered a single site if the distance between the parcels is 3 miles or less. A person shall submit to the Department six completed copies of the Sewage Sludge 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. The Sewage Sludge Utilization Permit Application to apply sewage sludge on a marginal land shall include six completed copies of the owner’s consent form provided by the Department completed and signed by the legal owners of the site where sewage sludge is to be applied and dated not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department. The Sewage Sludge Utilization Permit Application to apply sewage sludge on a marginal land shall include six completed copies of the following information: The sources and types of sewage sludge to be applied, including any treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A current site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, the property boundary lines, fields boundaries, and the proximity of the site to major roads in the area and any roads on the site; A current site plan that includes: The location of property boundary lines and field boundaries; The exact acreage where sewage sludge is to be applied; The location of all buffer distances; The location of any residences or buildings on site or within 1/2 mile of the site; 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; The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water; The location of any on-site area with a slope of 15 percent or greater; The location of any on-site bedrock outcropping; The location of any on-site depression area; The surrounding land uses; The location of cation exchange capacity tests and pH testing of the soil; The location of all soil tests, and the location of all soil borings or test pits on the site; Other features as determined by the Department; and A legend identifying the key features on the site plan; Representative analysis of the pH of the soils; A description of representative test borings or test pits on the site including a description of the texture of the soils encountered and the depth to the groundwater; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; A loading calculation per acre for the sewage sludge proposal; Sediment and erosion control provisions approved by the appropriate approving authority; The type of crop to be grown with a calculation of the amount of seed mixture to be used per acre, the proposed optimal soil pH for the type of crop to be grown, and the desired yield of the crop; A tax map showing the property line, owner, acreage, and liber and folio numbers; A detailed operation plan that includes, when applicable: Procedures for sampling, record keeping, and reporting of the sewage sludge to be utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the treated sewage sludge; Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; Future use of the site; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §D(6) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a Permit Application, $350; and For a renewal permit application, $350. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall: Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substantial circulation in the county where the sewage sludge is to be applied that contains the following information: Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; A list of the persons within the local jurisdiction who have been sent copies of the application; A statement of the right of the county or municipal corporation, if applicable, to request a public hearing within 15 calendar days after receipt of the application; and Provisions for examination of the application by interested parties; and Mail a copy of the application and the public notice published in accordance with §A(1) of this regulation to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be applied; The chairman of the legislative body and any elected executive of any other county within 1 mile where the sewage sludge is to be applied; and The local health official. Within 15 calendar days of receipt of the application and the public notice, the chairman of the legislative body or any elected executive of the county or municipal corporation where the sewage sludge is to be applied may request in writing that the Department conduct a public hearing. If the Department receives a request for a public hearing in accordance with §B of this regulation, or if the Department determines that a public hearing would serve the public interest, the Department shall hold a public hearing in the affected subdivision where the sewage sludge is to be applied. The Department shall notify the person applying for the Sewage Sludge Utilization Permit and shall give the person the opportunity to present information at the public hearing. After the Department has established the date, place, and time for a public hearing, the Department shall publish a notice of the public hearing in a local newspaper having a substantial circulation in the county where the sewage sludge is to be applied. The notice shall contain the following information: A statement of the legal authority and jurisdiction under which the public hearing is to be held, and a reference to the particular statutes and regulations involved; Name of the person applying for the permit; A brief description of the project; Sources of the sewage sludge; Project type; Location of the site; The date, time, and place of the public hearing; and Provisions for examination of the application by interested parties. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge received and applied on the marginal land; The dates of land application of sewage sludge; The number and size of the areas where sewage sludge was applied on marginal land; Cumulative and annual constituent loading rates; Descriptions of problems encountered and their solutions; Other related information regarding the land application of sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The permittee shall provide the farmers or operators and the legal owners of the site where sewage sludge was applied with a copy of the report required by §B of this regulation and a site specific map with a minimum scale of 1inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site and the exact acreage where sewage sludge was applied. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for a marginal land: Addition of sewage sludge from the same approved source that has received a different treatment than the approved sewage sludge; Modification to the site’s operation plan; Modification to the type of crop to be grown; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for a marginal land: Addition of new sewage sludge source or type to be applied; An increase in the size of the permitted acreage; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit, or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to incinerate sewage sludge at a permitted waste- to- energy facility or an incinerator if: The Refuse Disposal Permit holder for the waste-to-energy facility or incinerator submits to the Department a Sewage Sludge Utilization Permit Application for the energy generation or incineration at the permitted waste-to-energy facility or incinerator; and The person applying for a permit demonstrates that the following conditions and requirements will be met: The waste-to-energy facility or incinerator shall be designed, constructed, and operated to safely utilize sewage sludge in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The incineration of sewage sludge is to be conducted in accordance with the waste-to-energy facility’s or incinerator’s approved operating plan and specifications and will not violate any condition of the waste-to-energy facility’s or incinerator’s Refuse Disposal Permit; The waste-to-energy facility or incinerator possesses adequate equipment on-site able to incinerate the sewage sludge; The waste-to-energy facility or incinerator is in compliance with all applicable State laws, regulations and guidelines regarding air quality control in the State; and The ash residue produced by the process will be disposed in an environmentally safe manner as approved by the Department. The Department may deny a Sewage Sludge Utilization Permit Application for incineration of sewage sludge at a permitted waste-to-energy facility or an incinerator if the person applying for the permit is currently in, or has a history of, violation of a Refuse Disposal Permit or applicable State laws or regulations. A Refuse Disposal Permit holder seeking a Sewage Sludge Utilization Permit to incinerate sewage sludge shall: Submit to the Department a separate Sewage Sludge Utilization Permit Application for each waste-to-energy facility or incinerator where sewage sludge is to be utilized; Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department; Include, as part of the permit application, the information required in §B of this regulation; and Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. A person seeking a Sewage Sludge Utilization Permit under §A of this regulation shall include in the permit application the following completed information: A description of the source, type, and quantity of sewage sludge to be utilized at the waste-to-energy facility or incinerator, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; A detailed description of the methods, processes, and monitoring procedures to be utilized at the waste-to-energy facility or incinerator; Methods and procedures for storage and on-site management of processed and unprocessed sewage sludge received at the waste-to-energy facility or the incinerator and utilization of the ash generated by the waste-to-energy facility or the incinerator; An air quality permit issued by the Department in accordance with the requirements in COMAR 26.11.02; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §B(6) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $750; and For a renewal permit application, $750. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit to incinerate sewage sludge at a waste-to-energy facility or an incinerator, the Department shall mail a copy of the application to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the waste-to-energy facility or incinerator is located; and The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where the waste-to-energy facility or incinerator is located. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the waste-to-energy facility or incinerator is located receives the application regarding the proposed project. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge received and utilized at the waste-to-energy facility or incinerator; The time periods during which the waste-to-energy facility or incinerator is inoperational; The quantity, including documentation of unincinerated sewage sludge that has been transported from the waste-to-energy facility or incinerator; The dates of transportation of unutilized sewage sludge from the waste-to-energy facility or incinerator; The destinations and final utilization of unutilized sewage sludge; The destinations and final utilization of the ash generated by the waste-to-energy facility or incinerator; Descriptions of problems encountered and their solutions; Other related information regarding the utilization of sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department. The application shall include a description of the proposed modification and an explanation as to why the modification is needed; The permittee shall pay the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit to incinerate sewage sludge at a waste-to-energy facility or an incinerator: Modification to the waste-to-energy facility’s or incinerator’s operation plan; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit to incinerate sewage sludge at a waste-to-energy facility or an incinerator: Modification to the source or type of the sewage sludge received at the waste-to-energy facility or the incinerator; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit to market in Maryland sewage sludge generated out-of-State if: The sewage sludge has been classified by the Department as Class A sewage sludge; The sewage sludge to be marketed will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The sewage sludge does not contain free liquid, with the presence of free liquid determined by: 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 A comparable test approved by the Department; The person seeking to market the sewage sludge: Submits to the Department a written quality control monitoring plan that will ensure that the Class A sewage sludge to be marketed meets the Department's standards regarding the destruction of primary pathogenic organisms, reduction of vector attraction, and limitations for heavy metals and other constituents; and Receives the Department’s approval for the quality control monitoring plan; and The permit requires the permittee to implement the quality control monitoring plan as approved under §A(4)(b) of this regulation. The Department may require additional conditions and management practices to market the Class A sewage sludge as it determines necessary. A person seeking to market, in Maryland, sewage sludge generated out-of-State shall: Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department; Include, as part of the permit application required by §A(1) of this regulation, the information specified in §B of this regulation; and Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. A Sewage Sludge Utilization Permit Application submitted under §A of this regulation shall include the following completed information: A description of the source, type, and quantity of sewage sludge to be marketed, including any previous treatment the Class A sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge not more than 6 months before the receipt of the Sewage Sludge Utilization Permit Application by the Department, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; A detailed operation plan that includes, when applicable: A label that shall accompany the marketed sewage sludge, which: Includes identification of the product as Class A sewage sludge or biosolids, sources of the sewage sludge, instructions for proper use with specific amounts and type of use (rate of application), field stockpiling (staging) and storage requirements, odor control measures, warnings, and restrictions necessary for utilization; Advises the person who is utilizing the product that the authorization to market the product does not relieve the person from civil or criminal liabilities or penalties for noncompliance with the Environment Article, Title 9, Annotated Code of Maryland, or any local, State, federal, or other state laws or regulations; and Includes any specific restrictions, warnings, or cautionary statements that the Department requires to be included on the label; Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be marketed; Methods and procedures to prevent or control odors and other potential nuisance conditions from the sewage sludge to be marketed; and A marketing plan and strategy for the sewage sludge with a description of the marketing system to include an identification of the final utilization of the Class A sewage sludge; Quality control monitoring plans; Documentation that the marketing and final utilization of the Class A sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department, and it will not cause or likely cause a discharge of constituents to the waters of the State; Information on steps that will be taken to comply with any additional conditions and management practices to market the Class A sewage sludge required by the Department under Regulation .52B of this chapter; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §A(2) 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. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $750; and For a renewal permit application, $750. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. The permittee shall generate a report containing the following information and shall maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of Class A sewage sludge received and marketed; The type of treatment the marketed Class A sewage sludge has received; The dates of marketing of Class A sewage sludge; The destination and final utilization of the Class A sewage sludge; Descriptions of problems encountered and their solutions; Other related information regarding the marketing of Class A sewage sludge as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for marketing of Class A sewage sludge: Modification to the approved label; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for marketing of Class A sewage sludge: Modification to the source or type of Class A sewage sludge to be marketed; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization permit to utilize sewage sludge as part of a research project. A research project may be designed to improve current sewage sludge utilization methods, develop new methods, determine the environmental or health effects of sewage sludge utilization, or any other sewage sludge related research project approved by the Department. A research project may include: The application of sewage sludge at rates which exceed crop nitrogen or phosphorus requirements and the constituent concentration limitations specified in Regulation .37 of this chapter, on land specifically dedicated for research purposes; The application of sewage sludge at rates which exceed crop nitrogen or phosphorus requirements and the constituent concentration limitations specified in Regulation .37 of this chapter, on agricultural land specifically dedicated for research purposes with prior approval from the Maryland Department of Agriculture; The application of sewage sludge on a marginal land at rates greater than 50 dry tons specified in Regulation .42 of this chapter; The utilization of unstabilized sewage sludge if appropriate precautions are taken to assure that viable pathogens do not enter groundwater, surfacewater, or in any way cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; or The growing of crops, such as vegetables and tobacco, if the purpose of the research is to determine the effect of sewage sludge on these crops, and the crops are not allowed to enter the human food chain, or in the case of tobacco, be used in any product. A person who intends to utilize sewage sludge as part of a research project as provided in Regulation .56 of this chapter shall: Submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge research project is to be located; Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department; Include, as part of the Sewage Sludge Utilization Permit Application, the information required in §B of this regulation; and Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. A Sewage Sludge Utilization Permit Application submitted under §A of this regulation shall include the following completed information: A description of the proposed project; A written authorization signed by the legal owners of the site where the project is to be located; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed project structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the project will be located and the names of the legal owners of the site; A current site-specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site-specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of sewage sludge to be utilized, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed description of the utilization methods, processes, and monitoring procedures; Detailed engineering plans and specifications for the project prepared, signed, and bearing the seal of a registered professional engineer; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; Quality control monitoring plans; Information on protection of water resources, including: A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements: The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04; An assessment of the potential environmental impact of the project; A nutrient management plan prepared by a certified nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04, and in compliance with COMAR 15.20.07 and 15.20.08; Documentation that the proposed utilization of the sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §B(16) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $25; and For a renewal permit application, $25. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for a research project to utilize sewage sludge to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the research project is to be located; The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where the research project is to be located; and The local health official if the research project includes the application of sewage sludge. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the research project to utilize sewage sludge is to be located receives the application regarding the proposed project. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge received and utilized; The results of the project; The quantity, including documentation and final utilization of unutilized sewage sludge transported from the facility or site; The dates of transportation of unutilized sewage sludge; Descriptions of problems encountered and their solutions; The time periods during which the project is inoperational; Other related information regarding the project as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for a research project: Modification to the project’s operation plan; Modification to the project’s water quality monitoring plans; Modification to the project’s odor control procedures; Modification to the days or hours of operation; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for a research project: Modification to the source or type of the sewage sludge utilized; Modification to the utilization method; Modification to the engineering plans and specifications, if applicable; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit for an innovative project to utilize sewage sludge in deep rows, brickmaking, resource recovery projects, as fuel, and in other projects, if the sewage sludge is utilized in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department. A person who intends to use sewage sludge in an innovative project as described in Regulation .61 of this chapter shall: Submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge innovative project is to be located; Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department; Include, as part of the Sewage Sludge Utilization Permit Application required by §A(1) of this regulation, the information required by §B of this regulation; and Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. The Sludge Utilization Permit Application submitted under §A of this regulation shall include the following completed information: A description of the proposed project; A written authorization signed by the legal owners of the site where the project is to be located; A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed project structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses; Tax maps and liber and folio numbers for the parcels of land on which the project will be located and the names of the legal owners of the site; A current site-specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the areal extent of the site, and the location of any stream, spring, or seep within 1/2 mile of the site; A site-specific geologic and hydrogeologic report as required by the Department, including a hydrologic map showing the location of the 100-year flood plain, if applicable, and the location of all soil tests, soil borings and test pits on the site; A description of the source, type, and quantity of sewage sludge to be utilized, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed description of the utilization methods, processes, and monitoring procedures; Detailed engineering plans and specifications for the project prepared, signed, and bearing the seal of a registered professional engineer; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing the sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and Methods and procedures for restricting public access to the site; Quality control monitoring plans; Information on protection of water resources, including: A detailed discussion of the methods to be used for the protection of ground and surface waters of the State; and If required by the Department, a proposed ground and surface water monitoring plan that meets the following requirements: The plan shall include a system for routinely monitoring the quality of waters of the State at, surrounding, and beneath the site, including the location and type of monitoring stations, and the method of construction of monitoring wells; and The plan shall provide for monitoring wells to be installed by a State licensed well driller in accordance with COMAR 26.04.04; An assessment of the potential environmental impact of the project; A nutrient management plan prepared by a certified nutrient management consultant or a certified operator in accordance with the requirements of COMAR 15.20.04, and in compliance with COMAR 15.20.07 and 15.20.08; Documentation that the proposed utilization of the sewage sludge will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §B(16) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $750; and For a renewal permit application, $750. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for an innovative project to utilize sewage sludge to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the innovative project is to be located; The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where the innovative project is to be located; and The local health official if the innovative project includes the application of sewage sludge. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the innovative project to utilize sewage sludge is to be located receives the application regarding the proposed project. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge received and utilized; The results of the project; The quantity, including documentation and final utilization of unutilized sewage sludge transported from the facility or site; The dates of transportation of unutilized sewage sludge; Descriptions of problems encountered and their solutions; The time periods during which the project is inoperational; Other related information regarding the project as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department. The application shall include a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for an innovative project: Modification to the project’s operation plan; Modification to the project’s water quality monitoring plans; Modification to the project’s odor control procedures; Modification to the days or hours of operation; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for an innovative project: Modification to the source or type of the sewage sludge utilized; Modification to the utilization method; Modification to the engineering plans and specifications, if applicable; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. The Department may issue a Sewage Sludge Utilization Permit for the disposal or alternative utilization of sewage sludge at a municipal landfill if: The Refuse Disposal Permit holder for the municipal landfill submits to the Department a Sewage Sludge Utilization Permit Application for the disposal or alternative utilization of sewage sludge at the permitted municipal landfill; The proposed sewage sludge disposal or alternative utilization is to be conducted in accordance with the municipal landfill’s approved operating plan and specifications and does not violate any condition of the municipal landfill’s Refuse Disposal Permit; The municipal landfill possesses adequate equipment on-site able to dispose or alternatively utilize the sewage sludge; The sewage sludge meets the following requirements with respect to free liquid: Except as provided in §A(4)(b) of this regulation, sewage sludge accepted for disposal or alternative utilization may not contain free liquids; If sewage sludge accepted for disposal or alternative utilization contains free liquid, the sewage sludge may be mixed with soil, sawdust, or both, and the resulting mixture may be disposed or alternatively utilized at the municipal landfill as specified in the Sewage Sludge Utilization Permit if the mixture is tested and does not contain free liquid; and For the purposes of §A(4)(a) and (b) of this regulation, the presence of free liquid is determined by: 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 A comparable test approved by the Department; and When alternatively utilized, the sewage sludge shall meet the requirements for alternative cover material established by the Department. The Department may deny a Sewage Sludge Utilization Permit Application for disposal or alternative utilization of sewage sludge at a permitted municipal landfill if the person applying for the permit is currently in, or has a history of, violation of its Refuse Disposal Permit or other applicable State laws or regulations. A Refuse Disposal Permit holder who intends to dispose or alternatively utilize sewage sludge shall: Submit to the Department a separate Sewage Sludge Utilization Permit Application for each municipal landfill where sewage sludge is to be disposed or alternatively utilized; Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department; Include, as part of the Sewage Sludge Utilization Permit Application, the information required by §B of this regulation; and Submit to the Department a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter. A Sewage Sludge Utilization Permit Application submitted under §A of this regulation shall include the following completed information: A description of the source, type, and quantity of sewage sludge to be disposed or alternatively utilized at the municipal landfill, including any previous treatment the sewage sludge has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering; A detailed operation plan that includes, when applicable: Procedures for sampling, on-site record keeping, and reporting of the sewage sludge to be disposed or alternatively utilized; Types of equipment to be used for collection, management, washdown, and other operations; Days and hours of operation; Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; Methods and procedures for utilizing sewage sludge; Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; Methods and procedures for restricting public access to the site; Disposal or utilization options, such as daily cover, intermediate cover, or as a final cover material; and All locations at the municipal landfill where the sewage sludge will be disposed or alternatively utilized; Unless the analytical results have been submitted to the Department in accordance with the requirements of Regulation .06 of this chapter, the most recent results of a laboratory analysis of a representative composite sample of the sewage sludge that was obtained from the wastewater treatment plant that generated the sewage sludge, subject to the following requirements: The sample was obtained in accordance with the requirements of Regulation .06 of this chapter; 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; If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and The analytical results include, at a minimum: Percent of total solids, pH, ammonium nitrogen, nitrate nitrogen, total phosphorous, total potassium, total arsenic, total cadmium, total copper, total lead, total mercury, total molybdenum, total nickel, total selenium, total zinc, polychlorinated biphenyls (PCBs), and the dry weight concentration of total Kjeldahl nitrogen; and Any other sewage sludge constituent that the Department determines necessary to adequately assess the potential impact of the project on public health and the environment; and Other information that may be requested by the Department. The Department may reject an analysis of a sewage sludge sample submitted in accordance with §B(3) of this regulation and require retesting and resubmittal of results if the Department determines that the method of analysis is inaccurate, or for any other good cause. Permit Application Fees. A person shall pay the Department a nonrefundable Sewage Sludge Utilization Permit Application fee in accordance with the following schedule: For a new permit application, $350; and For a renewal permit application, $350. For activities which involve transportation of sewage sludge in combination with any other activities listed in the Sewage Sludge Utilization Permit Application, the Department will issue a single Sewage Sludge Utilization Permit to include all activities. For combined activities, only the application fee listed for transportation of sewage sludge in Regulation .23C of this chapter shall be waived. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for disposal or alternative utilization of sewage sludge at a municipal landfill to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be disposed or alternatively utilized at a municipal landfill; and The chairman of the legislative body and any elected executive of any other county within 1 mile of the site where the sewage sludge is to be disposed or alternatively utilized at a municipal landfill. The Department will consider all written comments and suggestions received within 15 calendar days after the chairman of the legislative body or the elected executive of the county or municipal corporation where the sewage sludge is to be disposed or alternatively utilized at a municipal landfill receives the application regarding the proposed project. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years: The source, type, and quantity, including documentation of sewage sludge that has been received and disposed of or utilized at the municipal landfill; The type of treatment the disposed or alternatively utilized sewage sludge has received; The dates of transportation of sewage sludge to the municipal landfill; Descriptions of problems encountered and their solutions; Other related information regarding the disposal or alternative utilization as required by the applicable Sewage Sludge Utilization Permit; and Other information that may be requested by the Department. The permittee shall submit to the Department three completed copies of the report required by §A of this regulation for each year the Sewage Sludge Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met: The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule: For a minor modification, $40; and For a major modification, $130; and The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare. The following are minor modifications to a Sewage Sludge Utilization Permit for disposal or utilization at a municipal landfill: Modification to the municipal landfill’s operation plan; The permittee’s name change; or Other modifications as determined by the Department. The following are major modifications to a Sewage Sludge Utilization Permit for a disposal or utilization of sewage sludge at a municipal landfill: Modification to the source or type of sewage sludge to be disposed or alternatively utilized at the municipal landfill; Modification to the alternative utilization method; or Other modifications as determined by the Department. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department. As a requirement for maintaining a Sewage Sludge Utilization Permit, the permittee shall: Comply with the applicable State laws and regulations and with the terms and conditions of the Sewage Sludge Utilization Permit; Maintain a performance bond, liability insurance, or other form of security as required in Regulation .10 of this chapter; Allow authorized State and local health officials to conduct inspections as required in Regulation .04 of this chapter; and Provide any other information that may be requested by the Department. Except for a Sewage Sludge Utilization Permit to apply sewage sludge on an agricultural or marginal land or to conduct a research project, the Department may issue a Sewage Sludge Utilization Permit for a term not to exceed 10 years. For a Sewage Sludge Utilization Permit to apply sewage sludge on an agricultural or marginal land or to conduct a research project, the Department may issue a Sewage Sludge Utilization Permit for a term not to exceed 5 years. Except for Sewage Sludge Utilization Permits for a sewage sludge storage or distribution facility, the Department may renew a Sewage Sludge Utilization Permit if: The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit; The permittee submits to the Department two calendar weeks before the expiration date of the current Sewage Sludge Utilization Permit or in accordance with the time specified in the current Sewage Sludge Utilization Permit four completed copies of the Sewage Sludge Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department; The permittee pays the Department the required renewal application fee; and The sewage sludge generator has paid the fee required in Regulation .08 of this chapter. For Sewage Sludge Utilization Permits for a sewage sludge storage or distribution facility, the Department may renew a Sewage Sludge Utilization Permit if: The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit; The permittee submits to the Department two calendar weeks before the expiration date of the current Sewage Sludge Utilization Permit or in accordance with the time specified in the current Sewage Sludge Utilization Permit six completed copies of the Sewage Sludge Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department; The permittee pays the Department the required renewal application fee; and The sewage sludge generator has paid the fee required in Regulation .08 of this chapter. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage or distribution facility to: The chairman of the legislative body and any elected executive of the county and municipal corporation where the storage or distribution facility is to be installed, materially altered or materially extended; and The chairman of the legislative body and any elected executive of any other county within 1 mile from the location where the storage or distribution facility is to be installed, materially altered or materially extended. For the renewal of a Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage or distribution facility, the Department shall publish a notice of application received and a public hearing. The Department shall comply with the requirements for public participation in the permitting process in Environment Article, Title 1, Subtitle 6, and §9-234.1, Annotated Code of Maryland. If the Department considers a renewal application complete and acceptable, the Department may renew the Sewage Sludge Utilization Permit. The Department may deny a renewal application if the permittee is not in compliance with the applicable State laws and regulations or any of the terms or conditions of the Sewage Sludge Utilization Permit that is subject to renewal. Thirty days before any change in control or ownership of the permitted property, site, or facility, the permittee shall: Provide the succeeding legal owners of the permitted property, site, or facility by certified mail, with a copy of: The “Owner’s Consent Form” signed by the current owners of the permitted property, site, or facility; and A copy of the Sewage Sludge Utilization Permit for the permitted property, site, or facility; and Notify the succeeding legal owners of any outstanding permit noncompliance, and, at the same time, submit to the Department a copy of this notification. Sewage Sludge Utilization Permits for sewage sludge treatment, composting, storage, or distribution facilities, application on agricultural or marginal land, energy generation or incineration, or innovative or research project are not transferable and are only valid for the permittee named in the Sewage Sludge Utilization Permit. In order for a different person to become the permittee for a Sewage Sludge Utilization Permit for these sewage sludge utilization activities, the new person shall first obtain a new Sewage Sludge Utilization Permit from the Department. The Department may transfer to a new person a Sewage Sludge Utilization Permit for sewage sludge transportation, marketing, or disposal or alternative utilization project at a municipal landfill if: The permittee submits to the Department a written request for the transfer that: Indicates the reason for the requested transfer; and Is signed by the permittee and the new person seeking to obtain the Sewage Sludge Utilization Permit; The permittee submits to the Department a written agreement between the permittee and new person indicating the specific date of the proposed transfer of the Sewage Sludge Utilization Permit, and acknowledging responsibilities of the permittee and the new person for compliance with the terms and conditions of the Sewage Sludge Utilization Permit; The new person submits to the Department the required performance bond, liability insurance, or other form of security required by provisions of Regulation .10 of this chapter; The new person pays the Department a nonrefundable Sewage Sludge Utilization Permit transfer fee of $500; and The permittee or the new person submits to the Department other information that may be requested by the Department. If the Department considers the request for transfer complete and acceptable, the Department may transfer the Sewage Sludge Utilization Permit. The Department may deny a request to transfer a Sewage Sludge Utilization Permit if: The permittee is not in compliance with applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit that is subject to transfer; The new person has violated: Any law of the State or any other state concerning the utilization of sewage sludge; or Any provision of the Environment Article, Annotated Code of Maryland or any regulation adopted under the Environment Article, Annotated Code of Maryland; or For any other good cause as determined by the Department. A person who utilizes or proposes to utilize sewage sludge may apply to the Department for a variance from one or more of the provisions of this chapter. Variances may be sought for the Sewage Sludge Utilization Permit Application requirements, or the design, construction, operation, monitoring, record-keeping, or reporting requirements of these regulations. The Department may grant a variance if the person demonstrates to the satisfaction of the Department that the proposal conserves and protects public health, natural resources, and the environment of the State, and controls air, water, and land pollution to at least the same extent as would be obtained by compliance with the applicable requirements of this chapter. A written request for variance submitted under §A of this regulation shall include the following information: A written description of the variance requested; The reasons for which the variance is requested, including the economic, technological, and environmental justification; A nonrefundable $500 variance fee payable to the Department; and Other information that the Department may require. After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Sewage Sludge Utilization Permit if the Department finds that: False or inaccurate information was contained in: The Sewage Sludge Utilization Permit Application; The information and forms required as part of the Sewage Sludge Utilization Permit Application; or Information required as part of the Sewage Sludge Utilization Permit; As part of a regulated activity by a permittee, there is or has been a violation of: The Environment Article, Annotated Code of Maryland; Applicable requirements of this chapter; or Any conditions in the Sewage Sludge Utilization Permit; Substantial deviation from approved plans, specifications, or requirements has occurred as determined by the Department; The Department, an authorized representative of the Department, or the local health official has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Sewage Sludge Utilization Permit; Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The permittee has been negligent or incompetent in the utilization of sewage sludge; The sewage sludge generator fee as required in Regulation .08 of this chapter has not been paid; or Any other good cause exists for suspending, revoking, or modifying the Sewage Sludge Utilization Permit. Immediate Suspension or Revocation. Notwithstanding other provisions of this chapter or the terms and conditions of the Sewage Sludge Utilization Permit, the Department may immediately suspend or revoke a Sewage Sludge Utilization Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare. The Department shall deliver written notice of an immediate suspension or revocation of a Sewage Sludge Utilization Permit to the permittee which does the following: Informs the permittee of the emergency suspension or revocation; Cites the regulation or regulations with which the permittee has failed to comply that is the basis for the emergency suspension or revocation; Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and Notifies the permittee of the right to request a hearing. The filing of a hearing request does not stay the revocation or suspension. An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification of a Sewage Sludge Utilization Permit. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms or conditions of a Sewage Sludge Utilization Permit. If the Department suspend or revokes a Sewage Sludge Utilization Permit, the Department shall send notice of the suspension or revocation to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department. 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. 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. 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. 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. 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. 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. 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. The Department shall establish the terms and conditions of the delegation agreement to comply with the requirements of this regulation. The delegation agreement shall include terms and conditions to ensure oversight by the Department including evaluations and financial audits. The Department may issue a delegation agreement for a term not to exceed 5 years. 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. 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. 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. Environment Article, Title 1, Subtitle 6, and Title 9, Subtitle 2, Part III, Annotated Code of Maryland Effective date: August 4, 1976 (3:16 Md. R. 852) Regulations .01—.06 amended effective August 3, 1981 (8:15 Md. R. 1307) Chapter, Uses and Methods of Collection, Handling, Burning, Storage, Transportation, Processing or Distribution of Sewage Sludge, Processed Sludge, or Any Other Product Containing These Materials, repealed effective November 3, 1986 (13:22 Md. R. 2399) Annotation: COMAR 10.17.10 cited in Attorney General Opinion No. 84-005 (January 31, 1984) Regulations .01—.14, Sewage Sludge Management, adopted effective November 3, 1986 (13:22 Md. R. 2399) Chapter recodified from COMAR 10.17.10 to COMAR 26.04.06 Regulation .01 amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .02B amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .03A amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .04C amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .09 amended effective December 11, 1989 (16:24 Md. R. 2621) Regulation .09A amended effective April 25, 1994 (21:8 Md. R. 675); August 15, 1994 (21:16 Md. R. 1391); May 15, 2000 (27:9 Md. R. 859) Regulation .13A amended effective December 10, 1990 (17:24 Md. R. 2837) Regulation .13E amended effective December 10, 1990 (17:24 Md. R. 2837); September 27, 1993 (20:19 Md. R. 1472) Regulation .13F adopted effective December 11, 1989 (16:24 Md. R. 2621) Regulation .15 adopted effective December 10, 1990 (17:24 Md. R. 2837) Regulations .01—.15 repealed and new Regulations .01—.75 adopted effective May 26, 2014 (41:10 Md. R. 562) Except as otherwise specifically provided, these regulations apply to all persons engaged in the construction and operation of all solid waste acceptance facilities. The following terms have the meanings indicated. Terms Defined. “Agricultural waste” means domestic animal manure or residuals in liquid or solid form generated in the production of poultry, livestock, fur-bearing animals, and their products. The term “agricultural waste”: Includes residuals generated in the production and harvesting but not subsequent processing of all agricultural horticultural, silvicultural, or aquacultural commodities; Does not include residuals generated during land clearing exercises unless the cleared land is intended solely for agricultural purposes. “Approving Authority” means the Secretary of the Environment or the Secretary's designee. Ashes. “Ashes” means the residue from the burning of wood, solid waste, coal, coke, and other combustible materials. “Ashes” does not include: Pozzolan as defined in Environment Article, §15-407, Annotated Code of Maryland, if the pozzolan is used in accordance with Environment Article, §15-407, Annotated Code of Maryland, and COMAR 26.04.10; or Coal combustion byproducts as defined in COMAR 26.04.10, if the coal combustion byproducts are used in accordance with COMAR 26.04.10. “Composting” means the process in which organic solid waste is biologically decomposed under controlled conditions to yield a nuisance-free humus-like product. “Controlled hazardous substance (CHS)” is as defined in COMAR 26.13.01.03B(26). “County comprehensive solid waste management plan” means the same as “county plan” as defined in COMAR 26.03.03.01B(2). “Department” means the Department of the Environment. “Facility structures” means any buildings and sheds or utility or drainage lines on the facility. “Final disposal” means the complete and ultimate disposal of solid waste. “Ground water” is as defined in COMAR 26.08.01.01B(27). “Incinerator” is as defined in COMAR 26.11.08.01B. “Industrial waste” is defined in COMAR 26.08.01.01B(30). “Infectious waste” means any waste that comes from a hospital, clinic, or laboratory and that is known or suspected to be contaminated with organisms capable of producing disease or infection in humans. Infectious waste includes: Disposable equipment, instruments, and utensils; Contaminated needles, scalpels, and razor blades; Human tissue and organs that result from surgery, obstetrics, or autopsy; Feces, urine, vomitus, and suctionings; Live vaccines for human use; Blood and blood products; and Laboratory specimens, such as tissues, blood elements, excreta, and secretions. “Intermediate disposal” means the preliminary or incomplete disposal of solid waste including, but not limited to, transfer station, incineration, or processing. “Leachate” means liquid that has percolated through solid waste and has extracted dissolved or suspended material from it. “Lower explosive limits” means the lowest percent by volume of a mixture of explosive gases which will propagate a flame in air at 25°C and atmospheric pressure. “Monitoring well” means any hole made in the ground to examine ground water. “Municipal landfill” means a solid waste acceptance facility permitted under these regulations that is designed, installed, and operated so that all types of waste generated by a community except waste specifically prohibited by these regulations or a permit issued under these regulations can be accepted. “Open dump” means a land disposal site which is operated after the effective date of these regulations and is not designed or operated in accordance with the requirements for a sanitary landfill in these regulations. “Overburden” means the material overlying a mineral deposit in its natural state. “Person” means the federal government, any individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, governmental unit, or any political subdivision of this State or any agency or instrumentality of one. Processed Debris. “Processed debris” means acceptable demolition or construction debris as described in Regulation .13B(2) and (3) of this chapter containing more than one material that has been physically altered so that individual component materials may not be identified through visual inspection. “Processed debris” includes shredded demolition or construction waste unless the shredded waste is of a single material which is readily identifiable by visual inspection. “Processed debris” does not include construction or demolition debris crushed or compacted so that individual component materials are identifiable through visual inspection. “Processing facility” means a combination of structures, machinery, or devices used to reduce or alter the volume, chemical, or physical characteristics of solid waste. For the purpose of these regulations, collection points serving rural residential areas are not considered to be processing facilities, provided that solid waste is not transferred from collection vehicles to another transportation unit. A generator who processes his or her own solid waste at the site of generation and disposes of the processed solid waste off the site of generation at a disposal site permitted by the Department is not considered to be a processing facility. “Production well” means any hole made in the ground for purposes of extracting water from the ground for agricultural, commercial, domestic, or industrial uses. “Refuse” is synonymous with solid waste. “Resource recovery facility” means a processing facility at which component materials of solid waste are recovered for use as raw materials or energy sources. “Sanitary landfill” means an engineered method of disposing of solid wastes on land in a manner that: Minimizes public health and environmental hazards; and Is designed, installed, and operated according to the provisions of these regulations. “Solid waste” has the meaning stated in Environment Article, §9-101(j), Annotated Code of Maryland. “Solid waste acceptance facility” means any landfill, incinerator, transfer station, or processing facility whose primary purpose is to dispose of, treat, or process solid waste. “System of refuse disposal for public use” means the services, facilities, or properties used in connection with the intermediate or final disposal of any solid waste unless these activities are limited to waste generated by an individual, a single corporation or business, or are disposed of as authorized by a permit issued by the Department under Environment Article, §7-232, 9-224, or 9-323, Annotated Code of Maryland. “Third-party checker” means an individual responsible for the checking of waste, unloaded at the working face of an unlined rubble landfill, for unacceptable debris and materials and for reporting to the Approving Authority results of the inspections conducted. “Transfer station” means a place or facility where waste materials are taken from one collection vehicle (for example, compactor trucks) and placed in another transportation unit (for example, over-the-road tractor-trailers, railroad gondola cars, barges or ships) for movement to other solid waste acceptance facilities. For the purposes of these regulations, collection points serving rural residential areas are not considered to be transfer stations, provided that solid waste is not transferred from a collection vehicle to another transportation unit. The movement or consolidation of a single generator's solid waste at the site of generation may not be considered to be a transfer station. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility, shall consider all material required to be submitted under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in solid waste handling in a manner which will likely: Create a nuisance; Be conducive to insect and rodent infestation or the harboring of wild dogs or other animals; Pollute the air; Cause a discharge of pollutants to waters of this State unless otherwise permitted under Environment Article, §7-232 or 9-323, Annotated Code of Maryland; Impair the quality of the environment; or Create other hazards to the public health, safety, or comfort as may be determined by the Approving Authority. Specific Prohibited Acts. Operation of a System of Refuse Disposal for Public Use Without a Permit. A person may not: Construct or operate a system of refuse disposal for public use without first obtaining a valid permit issued under these regulations, or a permit issued under Environment Article, §7-232 or 9-323, Annotated Code of Maryland; Cause, suffer, allow, or permit the construction or operation of an unpermitted system of refuse disposal for public use on his or her property. Operation of an Industrial Waste Acceptance Facility. A person who constructs or operates an industrial waste acceptance facility for private use is not required to obtain a permit, but shall comply with the regulations applicable to the construction, installation, and operation of solid waste acceptance facilities. Whenever the Department finds that a person has violated this regulation, the Department shall issue an order under Environment Article, §9-224, Annotated Code of Maryland. If the owner or operator elects to alter the method of waste disposal at his facility, he shall apply for a permit under Environment Article, §9-224, Annotated Code of Maryland, and submit the information required in Regulation .20A to the Department within 60 days. Burning. Solid waste may not be burned at a solid waste acceptance facility except as permitted by the Approving Authority. Operating an Open Dump. Solid waste may not be disposed of by any person in an open dump. A person may not cause, suffer, allow, or permit open dumping on his property. Accepting Controlled Hazardous Substances. Waste regulated under COMAR 26.13.07 may not be accepted at a solid waste acceptance facility unless specifically authorized by a valid permit issued under COMAR 26.13.07. Accepting Infectious Waste. Unless specifically authorized by the Approving Authority, infectious waste may not be accepted at any solid waste acceptance facility. Scavenging or Salvaging. Scavenging or salvaging may not be conducted at any system of refuse disposal for public use except as specifically authorized by the Approving Authority. Scavenging or salvaging at a system for refuse disposal for public use is permitted provided that the following conditions are satisfied: The operations manual for the site clearly describes the scavenging or salvaging process to be employed and the safety precautions to be followed; Areas for scavenging or salvage are clearly designated and are separate from the working face of the fill; and The Approving Authority determines that the scavenging or salvaging can be accomplished in a manner that does not endanger the public health or the environment. Disposal of Liquid Wastes. Liquid wastes and wastes containing free liquids may only be disposed of at a solid waste acceptance facility that has been specifically authorized by the Department to handle those wastes. The presence of free liquids shall be determined by application of the free liquid test as specified in 47 FR 8311 (1982), which is incorporated by reference. Explosive Gases. A facility may not be designed or operated in such a manner that the concentration of explosive gases generated by the facility exceeds 25 percent of the lower explosive limits for the gases in facility structures, excluding gas control or recovery system components, and the lower explosive limit for the gases at the property boundary. Permits Required. Unless excepted under the provisions of §C, a person may not construct or operate a sanitary landfill, or materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. This requirement applies to all the following types of sanitary landfills: Municipal landfills, Regulations .05—.10 of this chapter; Land clearing debris landfills, Regulations .11 and .12 of this chapter; Rubble landfills, Regulations .13—.18 of this chapter; and Industrial waste landfills, Regulations .19 and .20 of this chapter. Renewal of Permits. Permits for municipal landfills issued under the Environment Article, §9-204, Annotated Code of Maryland, in accordance with the provisions of this regulation, are valid for a period of up to 5 years from the date of issue unless suspended or revoked by the Approving Authority. Permits are automatically renewed every 5 years upon written approval from the Approving Authority, provided that the permit holder is in compliance with Environment Article, §9-204, Annotated Code of Maryland. Exceptions. Permits issued under these regulations are not required for the following: Land disposal areas for solid waste generated from single-family residences within the property limits of these residences when this disposal is not in violation of State or local laws. Land disposal areas which are not part of a system of refuse disposal for public use. Land disposal of agricultural waste on agricultural land. Land disposal of overburden resulting from mining operations. Filling operations which consist solely of the importation of clean earthen fill containing rock, concrete, non-refractory brick, and asphalt created as a result of construction excavation activities, mining, or regrading projects provided that: If warranted, a county grading permit is obtained; and The filling, grading, and site stabilization is carried out in accordance with the provisions of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01. Facilities or systems regulated by the Department under the State pretreatment program, hazardous waste management program, or other regulatory program under the Environment Article, Annotated Code of Maryland. These facilities are required to comply with those portions of the regulations dealing with the design, construction, and operation of industrial waste acceptance facilities. The use of pozzolan, if the use is in accordance with Environment Article, §15-407, Annotated Code of Maryland, and COMAR 26.04.10. The use of coal combustion byproducts, as defined in COMAR 26.04.10, if the use is in accordance with COMAR 26.04.10. Sanitary landfills that are municipal landfills as defined in Regulation .02B(20) of this chapter, are required to satisfy the informational, design, and other requirements of this regulation. Application. Written request for permits under the provisions of Regulation .04 shall be submitted to the Approving Authority using the application forms provided by the Approving Authority. The request shall briefly describe the nature of the proposal. Phase I Report Required. Twelve copies of a preliminary (Phase I) report shall be prepared and submitted along with the request for a permit. Contents of Phase I Report. At a minimum, the Phase I report shall include a: Completed and signed application form referenced in Regulation .05B of this chapter; Current U.S.G.S. 7.5 minute quadrangle map with the proposed site outlined; Current topographic map, which is an accurate depiction of the site at the time of application, at a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on-site buildings and structures, and pertinent surficial features including but not limited to: Springs, Seeps, Streams, Rock outcrops, Sink holes, Surface impoundments, Water wells, Forested areas, and The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property; Map which depicts the surrounding zoning and land use within 1/2 mile of the site boundaries; Map showing the distribution of the soils at the site; Narrative description of the soils at the site; Map showing the geology at the site based on available data; Narrative description of the geology at the site based on available data; Description of the proposed activity including: Type of facility; Area served; Capacity; and Types of waste accepted. Phase I Report Review. Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the following: Chief executive officer or the governing body, or both, of a county or municipality in which the activity is proposed; Local operating agency responsible for solid waste management; Local health official; Secretary, Department of Natural Resources; Director, Water Resources Administration; Director, Maryland Geologic Survey; U.S. Geological Survey; Federal Aviation Administration; Appropriate Soil Conservation District; U.S. Army Corp of Engineers; and State Highway Administration. A person receiving a copy of the application and supporting information shall be invited to inspect the proposed site and requested to submit comments to the Department within 20 days of receipt of the report. The Department shall set a date, time, and place for a joint site inspection meeting with interested agencies and the applicant. When practicable, within 60 days of receipt of a complete Phase I report, the Department shall: Review the Phase I report for completeness. The Department shall notify the applicant that the Phase I report is complete. Make a determination with respect to the site. If the Department determines that the site is not suitable for the intended use, the Department shall deny the application. The applicant shall be notified in writing by the Approving Authority, informed of the basis for the denial, and the appeal process. Otherwise the Approving Authority shall advise the applicant in writing of any limitations which the preliminary investigation revealed concerning the use of the site, and of any general recommendations. The applicant shall be advised to proceed with the preparation of a geologic report. If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Phase II Report — Site Geology. The applicant shall prepare and submit to the Approving Authority ten copies of a geologic report, known as the Phase II report, describing the soils, geology, meteorology, and hydrology of the proposed site. The report shall be developed and signed by a geologist or geotechnical engineer. The geologist shall possess at least a bachelor's degree from an accredited college or university in the field of geology or a related field of earth science. The geotechnical engineer shall possess at least a bachelor's degree in civil or environmental engineering from an accredited college or university with the major course of study in geotechnical engineering or related earth sciences, and shall be registered in Maryland as a professional engineer. The geologist or geotechnical engineer shall have at least 5 years of experience in performing hydrogeologic investigations. The report shall include the following information in sufficient detail to permit a comprehensive review of the project: An up-to-date site specific topographic map using a contour interval which is practical for that site. The following items shall be shown on the map: Surface waters and natural drainage features; 100-year flood plain; Property lines; On-site buildings and structures; Forested and other vegetated areas; and The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property. A discussion of the geologic formations directly underlying and in close proximity to the site, the present and projected use of these formations as a source of ground water and minerals, and the hydrogeologic relationship between the formations. A survey of all production wells within 1/2 mile of the site boundary. Each well shall be located on the topographic map and a table shall be developed which specifies all the available pertinent information such as well depth, screen type, productivity, materials encountered, and water level. Ground water contour maps to show the occurrence and direction of ground water flow beneath the site superimposed on the current topographic map. Three separate ground water contour maps as specified below shall be constructed for each distinct water-bearing formation occurring within 50 feet of the anticipated lowest elevation of the refuse cell floor, using monthly ground water elevation data collected from piezometers on the site over a period of not less than 12 months, or derived using a hydrologic simulation or prediction technique approved by the Department. Three ground water contour maps shall be constructed from a set of: Water elevations measured or predicted during the month that represents the most: Elevated ground water condition, Depressed ground water condition; and The highest observed or predicted ground water elevations. Geologic cross sections in sufficient detail, orientation, and number to clearly identify subsurface conditions at the site. A bedrock map, except in the coastal plain outside the fall zone, to show the contours of the bedrock surface beneath the site. An isopachous map to show the minimum thickness of soil and other unconsolidated sediments above the elevation of ground water as determined in §C(4), or bedrock as determined in §C(6), of this regulation, whichever is the higher. A discussion of the chemical quality of ground water in the aquifers beneath the site as determined in §C(2) of this regulation. The list of chemical parameters shall include pH, alkalinity, hardness, chloride, specific conductance, nitrate, chemical oxygen demand, arsenic, barium, cadmium, chromium, zinc, lead, mercury, the volatile priority pollutants, and any other pollutants specified by the Department. A discussion of the potential for the vertical and horizontal movement of pollutants into the waters of this State. The results of a fracture trace or aerial photographic lineament analysis (except in the coastal plain) which identifies the relationship between these features and the local ground water hydrology. Test boring logs, well completion reports, piezometric measurements, chemical and physical soil/sediment analyses, and all accompanying geotechnical analyses. All laboratory and field methodologies and procedures shall be included. A preliminary conceptual design of the proposed municipal landfill based on the geotechnical information gathered in §C(1)—(11) of this regulation. The landfill design shall satisfy the following minimum design standards: A liner system that is designed, constructed, and installed to facilitate collection of leachate generated by the landfill to prevent migration of pollutants out of the landfill to the adjacent subsurface soil, ground water, or surface water. The liner may be constructed of natural earthen materials which are excavated from on the site or which are imported from another location. The liner may also be constructed of a synthetic or manufactured membrane material. The liner system shall be: Constructed of materials that have sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the waste or leachate, climatic conditions, the stress of installation, and the stress of daily operation. A minimum of 1 foot of clay or other natural material having an in-place permeability of less than or equal to 1 × 10-7th centimeters/second, or one or more unreinforced synthetic membranes with a combined minimum thickness of 50 mil, or a single reinforced synthetic membrane with a minimum thickness of 30 mil, which has a permeability less than or equal to 1 × 10-10th centimeters/second, placed over a prepared subbase with a minimum thickness of 2 feet and a permeability less than or equal to 1 × 10-5th centimeters/second. The Approving Authority may authorize the installation of a liner system with specifications different than those listed in this subparagraph only upon a successful demonstration by the applicant that the alternate system is capable of collecting and managing the leachate generated at the site, and that the liner system provides an equivalent level of protection to public health and the environment. Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, uplift, puncture, cutting or activities at the landfill. Installed to cover all surrounding earth likely to be in contact with the waste or leachate. Installed with a minimum slope of 2 percent to facilitate movement of leachate towards the leachate collection system and prevent leachate ponding on the landfill floor. The liner system shall be located entirely above the composite high water table as determined in §C(4)(b), of this regulation, and bedrock as determined in §C(6) of this regulation. A minimum buffer distance, including the thickness of the prepared subbase, shall be required between the bedrock elevation and the maximum expected ground water elevation, and the bottom of the liner system, as follows: Except as specified in §C(12)(b)(ii), of this regulation, the minimum buffer distance shall be 3 feet. In Queen Anne's, Talbot, Caroline, Dorchester, Wicomico, Somerset, and Worcester Counties, the minimum buffer distance shall be 1.5 feet unless the Department determines from the available hydrogeological data that the site can provide an additional buffer. In these instances the Department shall set a minimum buffer between 1.5 and 3.0 feet. A leachate collection and removal system, located immediately above the liner, that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The leachate collection and removal system shall be: Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; Designed and operated to function without clogging; and Designed and operated to ensure that the leachate depth over the liner does not exceed 30 centimeters (1 foot). Phase II Plan Review. Following receipt of the specified number of copies of the Phase II report, the Department shall distribute one copy to each of the following: Secretary, Department of Natural Resources; Director, Water Resources Administration; Director, Maryland Geological Survey; U.S. Geological Survey; County Soil Conservation District; Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed; Local health official; and Local operating agency responsible for solid waste management. A person receiving a copy of the Phase II report shall be requested by the Approving Authority to submit any comments to the Department within 30 days of receipt of the report. The Approving Authority shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant. When practicable, within 60 days following the meeting referenced in §D(3), of this regulation, the Approving Authority shall either deny the permit or determine if: Sufficient information is available to proceed to the Phase III report; or Revisions to the Phase II report are needed. If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Ten complete sets of plans and engineering reports, known as the Phase III report, covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. These plans and specifications shall include the following information in sufficient detail to permit a comprehensive review of the project: A map which designates the property boundaries, the actual area to be used for filling, and all existing and proposed structures. A description of any vehicle weighing facilities, any telephones or other communications equipment, any maintenance and equipment storage facilities, any employee safety and sanitary facilities, and any water supply and sewerage systems. Any proposed on-site water supply and sewerage systems shall be approved by the Approving Authority. The location and type of all existing or proposed on-site roads. A description of the types of solid waste which will be accepted, the types of solid waste which may not be accepted, and the area and population which will be served by the facility. The anticipated quantities of solid waste which will be accepted and the calculations used to determine the useful life of the facility. Proposed methods of collecting and reporting data on the quantities and types of solid waste received and for revising facility life expectancy projections. The volume and type of available cover material, the calculated volume of earth needed for daily, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as final cover. Proposed means of controlling unauthorized access to the site. Proposed operating procedures including: Hours and days of operation; Number and types of equipment to be used; Number of employees and their duties; Provisions for fire prevention and control; Means of preventing public health hazards and nuisances from blowing paper, odors, rodents, vermin, noise, and dust; and Proposed method of daily operation including wet weather operation. The location and depth of solid waste cells and the sequence of filling. Natural or artificial screening to be used. Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the appropriate approving agency and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01. Proposed methods and engineering specifications for the collection, management, and disposal of leachate generated at the facility. The calculations used to determine the anticipated quantities of leachate which will be generated shall be included. A contingency plan for preventing or abating the pollution of the waters of this State. At a minimum, the contingency plan shall address the following items: Emergency provisions of potable water to users whose supply may be affected by the landfill; A spill containment and prevention plan for any leachate collected or stored at the site; and Emergency telephone numbers and contact persons for fires, medical emergencies, spills of hazardous materials, or other emergency situation. Proposed methods for controlling landfill gas. Proposed methods for covering and stabilizing completed areas. A system for routinely monitoring the quality of the waters of this State around and beneath the site, including the location and types of monitoring stations, and the methods of construction of monitoring wells. Wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04. A statement that “Burning of solid waste is not allowed, except as permitted by the Department of the Environment.” A schedule for implementing construction and implementation of the operation plans and engineering specifications once the refuse disposal permit has been issued. A landfill closure and post-closure plan to be followed over a period of not less than 5 years after application of final cover. The name, address, and telephone number of the person or agency responsible for the maintenance and operation of the site. Changes to this information shall be submitted to the Approving Authority once effected. Other Requirements for Engineering Plans and Specifications. Kinds of Plans. Plans shall be neatly and legibly drawn upon tracing cloth or other acceptable drafting medium so that copies may be obtained. Except when the originals are presented for preliminary judgment, the originals shall be kept by the party presenting the plans, and true copies, which may be white, blue, or black-line prints, offset prints, or photostats on a white background, shall be submitted to the Approving Authority. Plans may not be returned after submission unless revisions are necessary. When revisions are necessary the revisions shall be made on the original tracings and new prints submitted. Pencil, crayon, ink, typewritten or similar revisions, changes, or additions on prints, photostats, or other reproductions are not acceptable. Revisions or additions may not be made to prints previously or currently submitted to the Approving Authority. Plans specifically prepared for each installation shall be required. Size of Plans. Drawings shall be 24 inches wide and 36 inches long. Title of Plans. In the lower right-hand corner, or along the bottom border of each separate drawing, shall be placed a proper title containing the name of the county, municipality, company, institution, person, or persons for whom it is made, the name of the locality to which it refers, a proper description for a full understanding of the nature of the drawing, and the scale, date, and name of the engineer, architect, or surveyor preparing it. On each plan showing a locality or street layout, an arrow shall be placed, indicating the direction of North, and plans should be arranged, whenever practicable, so that North is toward the top or to the left of the sheet. Phase III — Plan Review. Following receipt of complete plans and specifications, the Approving Authority shall distribute a copy to each of the interested agencies and set a date, time, and place for a joint plan review meeting with the Approving Authority and the applicant. When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if: Sufficient information is available to schedule a public hearing on the request for a permit; or Revisions to the plans and specifications are needed. If the permit is denied, the applicant shall be informed of the basis for the denial and the procedures for appeal of this determination. If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Public Hearing. Before issuing a refuse disposal permit for a municipal landfill, the Department shall hold a public hearing on the permit application, as required by Environment Article, §9-209, Annotated Code of Maryland. At the time of the public hearing the applicant shall establish that the applicant has met all the provisions of Environment Article, §§9-204, 9-209, 9-210, and 9-211, Annotated Code of Maryland, and the regulations adopted under these statutes. Deed Amendment. Before issuing a refuse disposal permit, the applicant shall submit proof that the deed pertaining to the site in question has been amended to stipulate, upon close-out of this operation, construction or excavation on this site may not begin without first obtaining written authorization from the Approving Authority. Bond. Before issuance of the permit, the applicant shall provide proof of the bonding as required by Environment Article, §9-211(c), Annotated Code of Maryland. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide: A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement. Proof that the facility is consistent with the approved county comprehensive solid waste management plan. Hydrogeologic Siting Criteria. As a general requirement, a landfill shall be located in a hydrologic setting which is compatible with land disposal of solid waste as determined by the Approving Authority. For sites which are deemed less suitable for landfill siting due to site specific features, the Approving Authority may impose more stringent design or operational constraints, or both, to compensate for the deficiencies. Compatibility criteria shall include, but are not limited to the following: Hydraulic conductivity of the in-situ soils; Thickness, quality and classification of the in-situ soils; Depth to the water table and aquifer use within 1,000 feet of the landfill boundary; Potential for subsurface migration of contaminants in rock fractures or highly permeable zones in bedrock or in in-situ soil overburden. Additional Monitoring Requirements. If the Department determines that contamination of waters of this State has occurred or is liable to occur as a result of operation of the landfill, the Approving Authority may require the permit holder to periodically collect and analyze ground water or surface water at the permitted site and to submit the results to the Approving Authority. The Approving Authority may furthermore specify the following: Number and location of the sampling stations; Frequency of the analyses; Sampling and analyses procedures; Pollutants to be monitored; and Reporting period. Unloading. Solid waste unloading shall be restricted to the working face of the landfill in a manner that waste may be easily incorporated into the municipal landfill with the available equipment, except when containers or other special facilities are provided for the unloading of solid waste from passenger vehicles. Spreading and Compaction. Solid waste shall be spread in uniform layers and compacted to its smallest practicable volume before application of cover material. Solid Waste Lifts. A lift of solid waste may not exceed 8 feet in height except as specifically authorized by the Approving Authority. Daily Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over exposed solid waste by the end of each day's operation, or more frequently as may be determined by the Approving Authority. To meet approval, the cover material may not: Contain free liquids, putrescibles, or toxic materials. Moisture which is present in the cover material solely as a result of precipitation is not free liquid. Create a dust or odor problem. Attract or harbor vectors. Impede compaction with standard landfill equipment. Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each portion of a lift not later than 1 month following completion of that lift. Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that final lift. Grading and Drainage. The disposal site shall be graded and drained to: Minimize runoff onto the fill area of the sanitary landfill; Prevent erosion and ponding within the fill areas; and Drain water from the surface of the sanitary landfill. Continuity of Operation. All-weather access roads shall be provided to the disposal site, and provisions shall be made for prompt equipment repair or replacement when needed. Substitute equipment shall be obtained when breakdown or maintenance renders normal operating equipment inoperative for a period in excess of 24 hours. Environmental Protection. The municipal landfill shall be operated to prevent air, land, or water pollution, public health hazards, or nuisances. Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the municipal landfill. Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation. Engineering Plans and Operations Manuals. A set of approved plans and specifications and operations manuals shall be at the disposal site at all times during the operation. Limited Access. Access to municipal landfills shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation. Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers, and windblown wastes shall be collected as necessary to prevent nuisance conditions. Collected wastes shall be disposed of in the working face. Fire Protection. Suitable measures to prevent and to control fires shall be provided. Noise Control. Operations at the site shall be conducted in a manner that conforms to the applicable provisions of COMAR 26.02.03. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the municipal landfill for each year the facility is in use. This report shall be submitted not later than 60 days following the date specified in the permit and shall include the: Quantity of solid waste received each month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards. Percentage of total capacity of the landfill used for emplacement of solid waste. Projected date at which the landfill will reach capacity, and the premises upon which this determination is made. Other Requirements. The Approving Authority may impose other requirements considered necessary. General. Sanitary landfills restricted to acceptance of land clearing debris as specified in this regulation are not required to satisfy the informational requirements and design specifications as specified in Regulations .05—.10. Instead, these facilities are required to satisfy the design and operational requirements of this regulation. Unless excluded under Regulation .04C, these landfills are subject to the permit requirements of Regulation .12 of this chapter. Acceptable Wastes. A land clearing debris landfill is restricted to accepting the following waste materials from land clearing operations: Earthen material such as clays, sands, gravels, and silts; Topsoil; Tree stumps; Root mats; Brush and limbs; Logs; Vegetations; and Rock. Minimum Operating Procedures. Unloading. Solid waste unloading shall be restricted to the working face of the landfill in a manner that waste may be easily incorporated into the landfill with the necessary equipment. Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over all exposed biodegradable solid waste by the end of each third operating day, or as frequently as may be specified by the Approving Authority. An approved cover material may not: Contain free liquids, putrescibles, or toxic materials. Moisture which is present in the cover material solely as a result of precipitation is not free liquid. Create a dust or odor problem. Attract or harbor vectors. Impede compaction with standard landfill equipment. Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each portion of a lift not later than 1 month following completion of that lift. Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that final lift. Grading and Drainage. The disposal site shall be graded and drained to: Minimize runoff onto the fill area of the landfill; Prevent erosion and ponding within the fill areas; and Drain water from the surface of the landfill. Environmental Protection. The facility shall be operated in a manner that prevents health hazards and minimizes nuisances. Discharges to air or waters of the State shall be limited to discharges allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operations shall be controlled at all times. Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the landfill. Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation. Engineering Plans and Operations Manuals. A set of up-to-date plans and specifications, and operations manuals, shall be at the disposal site all times during the operation. The set of plans and specifications shall be approved by the Approving Authority if the disposal site is subject to the permit requirements under Regulation .04 of this chapter. Limited Access. Access to the landfill shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation. Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers. Windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions. Permit Application Requirements. To obtain a permit to construct or operate a land clearing debris landfill, an applicant shall submit eight copies of the following information: A completed and signed application on a form provided by the Department. A U.S.G.S. 7.5 minute quadrangle map with the proposed site outlined. A topographic map which is an accurate depiction of the site at the time of the application, prepared to a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on site buildings and structures, and obvious surficial features including, but not limited to: Springs; Seeps; Streams; Rock outcrops; Sink holes; Surface impoundments; Water wells; 100-year flood plain; Forested and other vegetated areas; and The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property. A discussion of the geologic formations directly underlying and in close proximity to the site which shall include a review of their effect on the factors set forth in Regulation .03A of this chapter. A map depicting the planned final grades of the site after completion of landfilling activities. A discussion of the projected future use of the landfilled area. A description of the types of solid waste which will be accepted, and a discussion as to how unacceptable wastes which are delivered to the site will be segregated and handled before final disposal. The anticipated quantities of solid waste which will be accepted and the calculations used to determine the useful life of the facility. The volume and type of available cover material, the calculated volume of earth needed for daily, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as top dressing. Proposed means of controlling unauthorized access to the site. Proposed operating procedures including: Hours and days of operation; Number and types of equipment to be used; Number of employees and their duties; Listing of qualifications that demonstrate employees can fulfill the duties submitted by the applicant as required in §A(11)(c) of this regulation; Provisions for fire prevention and control; Means of preventing public health hazards and nuisances from vermin, noise, dust, and odors; and Proposed method of daily operation including wet weather operation. The location and depth of solid waste cells and the sequence of filling. Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the local soil conservation district or the appropriate approving authority, and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01. Proposed methods for covering and stabilizing completed areas. Other information considered necessary by the Department to evaluate the adequacy of a site. Plan Review. Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the persons or agencies specified in Regulation .06C(1)(a)—(g) and(i)—(k) of this chapter. A person receiving a copy of the application and supporting information shall be requested by the Approving Authority to submit comments to the Approving Authority within 20 days of receipt of the application. Following receipt of complete plans and specifications, the Approving Authority shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant. When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if: Sufficient information is available to schedule a public hearing on the request for a permit; or Revisions to the plans and specifications are needed. If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Public Hearing. Before issuing a refuse disposal permit for a sanitary landfill to accept land clearing debris, a public hearing shall be conducted in accordance with the provisions of Regulation .09A of this chapter. Deed Amendment and Bonding Requirement. Before issuance of a permit for a sanitary landfill for land clearing debris, the applicant shall submit proof: That the deed pertaining to the site in question has been amended to stipulate, upon close-out of this operation, that construction on this site may not begin without first obtaining written authorization from the Approving Authority. Of the bonding as required by Environment Article, §9-211(c), Annotated Code of Maryland. Consistency with the County Solid Waste Plan. Before issuance of the permit the applicant shall provide: A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement; Proof that the facility is consistent with the approved county comprehensive solid waste management plant. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the landfill. This report shall be submitted not later than 60 days following the date specified in the permit and shall as a minimum include the: Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards. Percentage of total capacity of the landfill used for emplacement of solid waste. Projected date at which the landfill will reach capacity, and the premises upon which this determination is made. Other Requirements. The Approving Authority may impose other requirements considered necessary to protect the public health and the environment, or to prevent nuisance conditions. General. Sanitary landfills which accept only rubble (rubble landfills) are required to satisfy the design and operational requirements of Regulation .18. of this chapter, Unless excluded under Regulation .04C, of this chapter, these landfills are subject to the permit requirements of Regulations .14—.17 of this chapter. Acceptable Wastes. The following types of waste may be accepted at rubble landfills unless specifically prohibited: Land Clearing Debris. Land clearing debris as specified in Regulation .11B of this chapter. Demolition Debris. Acceptable demolition debris associated with the razing of buildings, roads, bridges, and other structures includes structural steel, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation material, cement, shingles and roofing material, floor and wall tile, asphalt, pipes and wires, and other items physically attached to the structure, including appliances if they have been or will be compacted to their smallest practical volume. Unacceptable demolition debris includes industrial waste or byproducts, any waste materials contained within a structure or on the grounds of the structure being demolished that are not physically part of the structure, or which are comprised of or contain materials that pose an undue risk to public health or the environment. Construction Debris. Acceptable construction debris is structural building materials including cement, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation, shingles, floor, wall and ceiling tile, pipes, glass, wires, carpet, wallpaper, roofing, felt, or other structural fabrics. Paper or cardboard packaging, spacing, or building materials, provided that they do not exceed 10 percent by volume of the waste, may be accepted at the rubble landfill. Paint containers, caulk containers, or glaze containers are acceptable, provided that they are empty, and any residual material which is dried before acceptance at the rubble fill, and further provided that this waste category does not exceed 1 percent by volume of the waste accepted at the rubble landfill. Unacceptable construction debris includes commercial, domestic, or industrial wastes or byproducts, paint, tar or tar containers, caulking compounds, glazing compounds, paint thinner or other solvents or their containers, creosote or other preservatives or their containers, tile, paneling, or carpet cement or other adhesives, and other solid waste which may contain an unacceptable waste or substance as may be determined by the approving authority to be unacceptable. Tires. Scrap tires may be accepted at the facility and managed in accordance with the requirements of a scrap tire collection facility license issued under COMAR 26.04.08. Disposal of tires in a landfill is prohibited. Asbestos Waste. Asbestos waste is acceptable provided that the material that is received is packaged and labeled as specified in COMAR 26.11.15.04, and is managed in the following manner: Prior notification to the landfill supervisor is required; The waste asbestos is unloaded carefully to prevent emission of fibers into the air; The area used for burial of asbestos shall be restricted to the working face of the landfill, or a separate cell dedicated solely to asbestos disposal; The waste shall be completely covered with earth or other refuse and may not be compacted or driven over until sufficient cover has been applied to prevent the release of asbestos fibers to the atmosphere during compaction or application of other cover material; and Operators at the landfill shall wear respiratory protection approved by the National Institute for Occupational Safety and Health for protection against asbestos fibers, and protective clothing when considered necessary. Household Appliances and White Goods. Household appliances and white goods are acceptable provided that any refrigerant is removed from the appliances before burial in the landfill and is managed in accordance with §608 of the Federal Clean Air Act (42 U.S.C. §7671g). Processed Debris. Processed debris is acceptable only at a rubble landfill having a liner and leachate collection system constructed to the standards as specified in Regulation .16 of this chapter. Other Waste Materials. Waste materials not specifically listed in this section may not be disposed of in a rubble landfill before receiving written approval of the Approving Authority. Permit Application. To obtain a permit required under Regulation .04 of this chapter to construct or operate a rubble landfill, an applicant shall submit 12 copies of a Phase I report which contains the informational requirements specified in Regulation .06B(1)—(9) of this chapter. Phase I Site Inspection. Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the persons specified in Regulation .06C(1)(a)—(g) and(i)—(k) of this chapter. A person receiving a copy of the report shall be requested to submit comments to the Department within 20 days of receipt of the report. The Department shall set a date, time, and place for a joint site inspection meeting with interested agencies and the applicant. When practicable, within 60 days following the meeting in §B(3) of this regulation, the Approving Authority shall either deny the permit or determine if: Sufficient information is available to proceed to the Phase II report; Revisions to the Phase I report are needed. If Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Phase II Report—Site Geology. The applicant shall prepare and submit to the Approving Authority ten copies of a Phase II report describing the soils, geology, and hydrology of the proposed site. This report shall be developed and signed by a geologist who possesses at least a bachelor's degree from an accredited college or university in the field of geology or a related field of earth science. The Phase II report shall include the following information in sufficient detail to permit a comprehensive review of the project: A topographic map which is an accurate depiction of the site at the time of the preparation of the Phase II Report using a contour interval which is practical for that site. The following items shall be shown on the map: Surface waters and natural drainage features; 100-year flood plain; Property lines; On-site buildings and structures; Forested and other vegetated areas; and The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property. A discussion of the geologic formations directly underlying and in close proximity to the site, the present and projected use of these formations as a ground water source, and the hydrogeologic relationship between the formations. A survey of all production wells within 1/2 mile of the site boundary. Each well shall be located on the current topographic map and a table shall be developed which specifies all the available pertinent information such as well depth, screen type, productivity, lithology penetrated, and water level. A minimum of three separate ground water contour maps superimposed on the current topographic map to represent the occurrence and direction of ground water flow beneath the site for a period of time not less than 12 months in duration. The three separate ground water contour maps shall be constructed for each distinct water-bearing formation occurring within 50 feet of the anticipated lowest elevation of the refuse cell floor using monthly ground water elevation data collected from piezometers on or near the site, from available historical sources of ground water information, or using a hydrologic simulation or predictive technique approved by the Department. One ground water contour map shall be constructed from a set of: Water elevations measured or predicted during the month that best represents: An elevated ground water condition, A depressed ground water condition; The highest observed or predicted water elevations. Geologic cross sections in sufficient detail, orientation, and number to clearly identify subsurface conditions at the site. A bedrock contour map (except in the coastal plain outside the fall zone) to show the elevation of the bedrock surface beneath the site. An isopachous map to show the thickness of soil and other unconsolidated sediments above the elevation of ground water as determined in §A(4) of this regulation, or bedrock as determined in §A(6) of this regulation, whichever is higher. A discussion of the chemical quality of ground water in the aquifers beneath the site as determined in §A(2) of this regulation. The list of chemical parameters shall include: pH; Alkalinity; Hardness; Chloride; Specific conductance; Nitrate; Chemical oxygen demand; Arsenic; Barium; Cadmium; Chromium; Zinc; Lead; Mercury; Volatile priority pollutants; Other pollutants specified by the Department. A discussion of the potential for the vertical and horizontal movement of pollutants into the waters of the State. The results of a fracture trace or aerial photographic lineament analysis (except in the coastal plain) which identifies the relationship between these features and the local ground water hydrology. Test boring logs, well completion reports, piezometric measurements, chemical and physical soil/sediment analyses, and all accompanying geotechnical analyses. All laboratory and field methodologies and procedures shall be included. A preliminary conceptual design of the proposed rubble landfill based on the geotechnical information gathered in §A(1)—(11) of this regulation. Phase II—Plan Review. Following receipt of the specified number of copies of the Phase II report, the Department shall distribute one copy to each of the following: Secretary, Department of Natural Resources; Director, Water Management Administration; Director, Maryland Geological Survey; U.S. Geological Survey; County Soil Conservation District; Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed; Local health official; and Local operating agency responsible for solid waste management. A person receiving a copy of the Phase II report shall be requested to submit any comments to the Department within 30 days of receipt of the report. The Department shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant. When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if: Sufficient information is available to proceed to the Phase III report; or Revisions to the Phase II report are needed. If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review. Phase III—Engineering Plans and Specifications. Ten complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. These plans and specifications shall include the following information in sufficient detail to permit a comprehensive review of the project: A map which designates the property boundaries, the actual area to be used for filling, and existing and proposed structures and on-site roads. A description of any vehicle weighing facilities, communications (telephones, radios), maintenance and equipment storage facilities, and water supply and sewerage systems. On-site water supply and sewerage systems shall be approved by the Approving Authority. A description of the: Types of solid waste: To be accepted, Not to be accepted; Area and population to be served by the facility. The anticipated quantities of solid waste to be accepted and the calculations used to determine the useful life of the facility. Proposed methods of collecting and reporting data on the quantities and types of solid waste received and for revising facility life expectancy projections. The volume and type of available cover material, the calculated volume of earth needed for periodic, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as final cover. Proposed means of controlling unauthorized access to the site. Proposed operating procedures including: Hours and days of operation; Number and types of equipment to be used; Number of employees and their duties; Provisions for fire prevention and control; Means of preventing public health hazards and nuisances from blowing paper, odors, rodents, vermin, noise, and dust; and Proposed method of daily operation including wet weather operation. The location and depth of solid waste cells and the sequence of filling. Natural or artificial screening to be used. Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the local soil conservation district and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01. A contingency plan for preventing or mitigating the pollution of the waters of this State. Proposed methods for covering and stabilizing completed areas. A system for monitoring the quality of the waters of the State around and beneath the site, including the location and types of monitoring stations, and the methods of construction of monitoring wells. Wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04. If the Department determines that contamination of waters of the State has occurred or is liable to occur as a result of operation of the landfill, the Approving Authority may: Require the permit holder to periodically collect and analyze ground water or surface waters at the permitted site and to submit the results to the Approving Authority; Specify the number and location of the sampling stations, the frequency of the analyses, the sampling and analyses procedures, the pollutants to be monitored, and the reporting period. A schedule for implementing construction and implementation of the operation plans and engineering specifications once the refuse disposal permit has been issued. A landfill closure and post-closure plan to be followed over a period of not less than 5 years after application of final cover. The name, address, and telephone number of the person or agency responsible for the maintenance and operation of the site. Changes to this information shall be submitted to the Approving Authority once effected. An engineered design, as described in §C of this regulation, for a liner system and leachate collection system for the proposed rubble landfill based upon geotechnical information developed in Regulations .14 and .15 of this chapter. A proposed method, engineering specifications, and plans for the collection, management, treatment, and disposal of leachate generated at the facility, including the calculations used to determine the estimated quantities of leachate to be generated, managed, stored, treated, and disposed. Phase III—Plan Review. The plan review shall be conducted in accordance with the provisions of Regulation .08D of this chapter. Liner and Leachate Collection System. The design of the liner and leachate collection system shall comply with the minimum requirements of this section. A liner system shall be designed, constructed, and installed to contain and facilitate the collection of leachate generated in the landfill in order to prevent the migration of pollutants out of the landfill to the adjacent subsurface soil, ground water, or surface water. A liner may be constructed of natural earthen materials excavated from the site or imported from another location. A liner may also be constructed of a synthetic or manufactured membrane material. A liner system shall: Be constructed of materials having sufficient strength and thickness to prevent failure from pressure gradients, physical contact with waste or leachate, climatic conditions, installation, or daily landfilling operation; Include a liner constructed with a minimum thickness of 1 foot of clay or other natural material having an in-place permeability of less than or equal to 1 × 10-7 centimeters/second, or one or more unreinforced synthetic membranes with a combined minimum thickness of 50 mil or a single reinforced synthetic membrane with a minimum thickness of 30 mil which has a permeability less than or equal to 1 × 10-10 centimeters/second; Include a liner installed over a prepared subbase, free of objects which could damage the liner material, with a minimum thickness of 2 feet and having a permeability less than or equal to 1 × 10-5 centimeters/second; Be installed to cover all surrounding earth likely to be in contact with the waste or leachate; and Be constructed with a minimum slope of 2 percent to facilitate the movement of leachate towards the leachate collection system and to prevent the ponding of leachate on the landfill floor. Under §C(3)(c) of this regulation, the subbase shall be constructed to support the liner and be resistant to pressure gradients above and below the liner in order to prevent failure of the liner due to settlement, compression, uplift, puncturing, tearing, cutting, or landfilling operations. Upon completion of the installation and testing, the liner and leachate collection system shall be covered with a minimum of 2 feet of sized gravel or other highly permeable material to provide for the free passage of leachate to the liner and to serve as a protective layer for the liner and leachate collection systems. A liner system shall be located entirely above the composite high ground water elevation as determined in Regulation .15A(4) of this chapter, and the elevation of bedrock as determined in Regulation .15A(6) of this chapter. A minimum vertical buffer distance shall be required between the bedrock elevation or the maximum expected ground water elevation, whichever is higher, and the bottom of the liner system including the subbase as specified in this regulation, as follows: Except as specified in §C(6)(b) of this regulation, the minimum vertical buffer distance shall be 3 feet; In Queen Anne's, Talbot, Caroline, Dorchester, Wicomico, Somerset, and Worcester counties, the minimum vertical buffer distance shall be 1.5 feet unless otherwise specified by the Approving Authority, which shall establish a minimum vertical buffer distance of 1.5 to 3.0 feet. An engineered leachate collection and removal system, located immediately above the liner, shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill. The leachate collection and removal system shall be: Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated; Of sufficient strength and thickness to prevent collapse or failure from loadings applied by overlying wastes, waste cover materials, and equipment used for landfilling operations; Designed and operated to function without clogging; Designed and operated to ensure that the depth of leachate over the liner does not exceed 30 centimeters (1 foot); and Designed to operate solely by the force of gravity in all areas where the system will directly underlie solid waste. Public Hearing—Before issuing a permit for a sanitary landfill to accept rubble, a public hearing shall be conducted in accordance with the provisions of Regulation .09A of this chapter. Before the Department issues a permit for a sanitary landfill to accept rubble, the applicant shall satisfy the provisions of Regulation .09B and C of this chapter and the requirements of Environment Article, §9-210, Annotated Code of Maryland, shall have been completed. Reporting Requirements. An annual written report shall be submitted by the permittee to the Approving Authority concerning the status of a sanitary landfill restricted to accepting rubble for each year the facility is in use. This report shall be submitted not later than 60 days following the date specified in the permit and shall include the: Quantity of solid waste, stated in tons and in-place cubic yards, received per month for each month of the calendar year being reported; Percentage of total capacity of the landfill used for emplacement of solid waste; Projected date the landfill will reach capacity and the basis upon which the determination was made; and Type and quantity of materials, given in tons for each type of material, recycled at the facility per month for each month of the calendar year being reported, if scavenging or processing of materials is authorized by the permit. The permittee is required to periodically report to the Department, at a frequency established by the Approving Authority, the results of ground and surface water samples collected on the permitted site and the volumes and chemical characteristics of leachate or other contaminated liquid collected from the landfill. Other Requirements. New rubble landfills or waste cells of existing rubble landfills constructed after September 22, 1997, shall comply with the requirements in Regulation .16 of this chapter. This requirement shall be applicable to vertical expansion of existing landfilled areas filled before the referenced date. Rubble landfills accepting waste before September 22, 1997, shall submit to the Approving Authority, within 120 days of the effective date, a schedule for the installation of a liner and leachate collection system to comply with the requirements of Regulation .16 of this chapter for the existing landfill. The schedule shall be subject to approval by the Approving Authority. Rubble landfills accepting waste as of the effective date of this regulation shall meet the requirements of the regulation by July 1, 2001, or cease operations and begin closure of the landfill. Changes or modifications to approved plans or specifications required by the Department made to comply with the requirements of §D(1) and (2) of this regulation shall be submitted to the Approving Authority in accordance with a schedule approved by the Department. The Department may impose other requirements considered necessary. The provisions of §§B—U of this regulation are established as minimum operating procedures for sanitary landfills which accept only rubble, unless otherwise specified. Protection of Liner and Leachate Collection System. A minimum of 4 feet of select waste containing no long pipes, boards, or other materials that could damage the liner or leachate collection system shall be placed over the protective layer before compaction to minimize the risk of damage to the liner and the leachate collection systems. Unloading. Solid waste unloading shall be restricted to the working face of the landfill in a manner that waste may be easily incorporated into the rubble landfill with available equipment, except when containers or other special facilities are provided for the unloading of rubble waste from passenger vehicles. Spreading and Compaction. Solid waste shall be spread in uniform layers and compacted to its smallest practical volume before application of cover material. Solid Waste Lifts. A lift of solid waste may not exceed 8 feet in height except as specifically authorized by the Approving Authority. Periodic Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over all exposed rubble waste by the end of the third day's operation, or more frequently as may be determined by the Approving Authority. An approved cover material may not: Contain free liquids, putrescibles, or toxic materials. Moisture present in the cover material solely as a result of precipitation is not free liquid. Create a dust or odor problem. Attract or harbor vectors. Impede compaction with standard landfill equipment. Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each lift not later than 1 month following completion of that lift. Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that lift. Grading and Drainage. The disposal site shall be graded and drained to: Minimize runoff onto the fill area of the rubble landfill; Prevent erosion and ponding within the fill areas; and Drain water from the surface of the rubble landfill. Continuity of Operation. All-weather access roads shall be provided to the disposal site at public rubble fills. Environmental Protection. The rubble landfill shall be operated to prevent air, land, or water pollution, public health hazards, or nuisances. Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the rubble landfill. Provisions shall be made for prompt equipment repair or replacement when needed. Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during operation. Engineering Plans and Operations Manual. A set of current plans and specifications and an operations manual shall be at the disposal site at all times during operation. For public facilities, these plans, specifications, and operations manuals shall be approved by the Approving Authority. Limited Access. Access to rubble landfills shall be controlled at all times, and entrances shall be adequately secured when the site is not in operation. Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers and windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions. Fire Protection. Suitable measures to prevent and to control fires shall be provided. Burning. There may be no burning of solid waste except as permitted by the Department or, when applicable, by the local approving authority. Water and Sewage Systems. On-site water supply or sewage systems shall be approved by the Approving Authority. Required Inspection of Waste. The permittee is responsible for complying with this section, within 120 days of the effective date of the section, unless otherwise specified by the Approving Authority. Waste unloaded at the working face of an unlined rubble landfill shall be inspected before burial for unacceptable wastes by a third-party checker in accordance with an inspection protocol approved by the Approving Authority. Upon finding an unacceptable waste, the third-party checker shall report the incident to the Approving Authority by telephone within 1 working day and submit a written report to the Department detailing the incident within 5 calendar days. The written report at a minimum shall contain the date and time of detection, the type of material identified, the identity of the hauler of the waste load, the actions taken to remove the waste from the fill area, and how the waste was disposed of. The unacceptable material identified by the third-party checker shall be removed from the fill area and properly contained and disposed of. The permittee is responsible for any costs associated with the inspection requirements under this section. Recycling. If authorized by the permit, the permittee may salvage for the purpose of recycling materials from the waste stream in accordance with Regulation .03B(7) of this chapter. General. Sanitary landfills which accept only nonhazardous industrial waste (industrial waste landfills) are required to satisfy the siting, design, and operational requirements of this regulation. Unless excluded under Regulation .04C of this chapter, these landfills are subject to the permit requirements of Regulation .20 of this chapter. Acceptable Wastes. Industrial waste landfills are limited to accepting nonhazardous industrial solid wastes. The criteria for determining if a waste is a hazardous waste is contained in COMAR 26.13.02. Design Requirements. Industrial nonhazardous solid waste landfills shall be designed to prevent ground and surface water pollution. A discharge to surface waters other than uncontaminated storm water run-off shall be in accordance with a State and NPDES discharge permit issued by the Department under the Environment Article, §9-323, Annotated Code of Maryland, and COMAR 26.08.04.01. Wastes which are to be landfilled may not result in pollution of ground water. Nonhazardous industrial solid waste may only be landfilled in a facility which possesses a functional liner and leachate collection system as specified in Regulation .07C(12) of this chapter, unless the Department specifically waives this requirement. Minimum Site Criteria. Sites constructed after the effective date of these regulations that are used for the landfilling of nonhazardous industrial solid waste shall satisfy the following minimum site criteria: The site shall be located outside of the 100-year flood plain, or shall be adequately flood protected to prevent inundation or loss of landfilled materials. The site may not be located in tidal, nontidal, or upland wetlands. The bottom elevation of the landfill cell floor shall comply with the ground water buffer distances as specified in Regulation .07C(12)(b) of this chapter. The site shall be constructed in areas whose soils naturally retard potential for subsurface migration of contaminants away from the containment site. The site may not be constructed in an area of highly permeable zones in bedrock or soil overburden. Due to the constituents of a particular industrial waste, the Department may require additional material testing to determine its suitability for landfilling. Minimum Operating Procedures. Unloading. Solid waste unloading shall be restricted to the working face of the landfill. Solid waste shall be spread in uniform layers and compacted to its smallest practicable volume. If considered appropriate by the Department, a uniform layer of clean earth at least 6 inches in depth, or an alternate cover material approved by the Department, shall be placed over exposed solid waste. The frequency of the cover application shall be specified by the Department. If the landfill is developed in lifts, the Department shall specify maximum lift heights and intermediate cover requirements. Final Cover. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift of the filled landfill not later than 90 days following completion of fill activities. Grading and Drainage. The disposal site shall be graded and drained Minimize runoff onto the fill area of the landfill; Prevent erosion and ponding within the fill areas; and Drain water from the surface of the landfill. Environmental Protection. The landfill shall be operated to prevent air, land, water pollution, public health hazards, or nuisances. Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the landfill. Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation of the disposal site. Engineering Plans and Operations Manual. A set of approved plans and specifications and operations manuals shall be at the disposal site at all times during the operation of the disposal site. Limited Access. Access to the landfill shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation. Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers, and windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions. Permit Application Requirements. When required to obtain a permit to construct or operate an industrial waste landfill, an applicant shall submit five copies of the following information: A completed and signed application on a form provided by the Department. A comprehensive physical and chemical description of the waste materials to be disposed of in the landfill. A description, including flow diagrams, of the processes generating the wastes, including raw materials, intermediate by-products, final products, and waste streams. A topographic map which is an accurate depiction of the site at the time the application is filed, prepared to a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on-site buildings and structures, and obvious surficial features, including but not limited to: Springs and seeps; Streams, whether intermittent or perennial; Rock outcrops; Sink holes; Surface impoundments; Wells; 100-year flood plain; Forested or other vegetated areas; and The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property. A discussion of the geologic formations directly underlying and in close proximity to the site. A map or drawing depicting the final grades of the site after completion of landfilling activities. A discussion of the projected future use of the landfilled area. The volume and type of available cover material, if appropriate, for the material being landfilled. Means of controlling access to the landfill. Proposed operating procedures including: Hours of operation; Necessary equipment to handle wastes delivered to the site; Contingency plans for fire or other emergencies; and Procedures to be followed upon delivery of wastes. Methods of controlling runoff or run-on to the site. Any erosion and sediment control provisions shall satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01. Proposed methods of covering and stabilizing completed areas. A description of the design features and systems intended to protect ground water from leachate which is generated by landfilled wastes. If appropriate, a discussion as to how leachate will be collected, removed from the landfill, and ultimately disposed of. Ground water elevation data from the area and a prediction of the maximum expected ground water elevation at the site of the landfill. An explanation shall be provided as to how the ground water elevation estimates were derived. Geologic cross sections of the site in sufficient detail and orientation to clearly identify subsurface conditions. Background ground water quality data for the following: pH; Alkalinity; Hardness; Chloride; Specific conductance; Nitrates; Nickel; Sulfates; Copper; Fluoride; Arsenic; Barium; Cadmium; Chromium; Lead; Zinc; Chemical oxygen demand; Mercury. For a particular industrial waste landfill, the Department may specify additional parameters for background ground water analysis. Test boring logs, well completion reports, piezometric measurements, chemical or physical soil analyses, or both, and accompanying geotechnical analyses. A preliminary conceptual design of the proposed landfill. Other information required by the Department. Plan Review. Following receipt of the specified number of copies of the required information, the Department shall forward one copy to the: Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed; Local health official; and Local agency responsible for solid waste management. A person receiving a copy of the application and supporting information shall be requested to submit comments to the Department within 20 days of receipt of the application. Public Meeting. The Department reserves the right to conduct a public informational meeting which shall be advertised once per week for 2 successive weeks in a newspaper of general circulation in the affected area. Copies of the notice shall be distributed in the same manner as the application. Other Requirements. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the landfill. This report shall be submitted not later than 60 days following the date specified in the permit and shall at a minimum include the: Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards. Percentage of total capacity of the landfill used for emplacement of solid waste. Projected date at which the landfill will reach capacity, and the premises upon which this determination is made. The Department may require the permit holder to periodically collect and analyze ground and surface water samples at the permitted site and to report the results to the Department. The Department may furthermore specify the: Number and location of the sampling points; Frequency of the analyses; Analytical procedures; Materials to be monitored; Frequency of reporting. The Approving Authority may impose other requirements considered necessary to protect the public health and the environment, or to prevent nuisance conditions. General. A landfill whose design capacity has been exhausted or which has been ordered by the Department to cease accepting wastes and to initiate closure activities after the effective date of this regulation shall close the landfill in accordance with the provisions of this regulation. Closure Cap. The closure cap shall be designed to minimize infiltration into the landfill and shall be developed through an engineering analysis of the site. The closure cap may be constructed of natural materials found either on the site or imported from an off-site location. Elements of the closure cap may also be constructed of a synthetic or manufactured membrane material. Closure Schedule. Unless the Department approves an alternate schedule for closure of a landfill, closure activities shall begin not later than 24 months from the date of completion of the final lift of the landfill, and shall be completed not later than 36 months from the date of completion of the final lift of the landfill. Alternatives. The Department shall consider alternative proposals for landfill closure based upon an engineering analysis of the site. Proposals may involve surcharging the final cover to induce settlement, liquid addition, or other techniques intended to better stabilize the site before installation of the landfill cap. Municipal Landfills. Municipal landfills shall install a closure cap which includes the following minimum design features: A low permeability cap shall be emplaced over the final cover. The cap material may consist of synthetic material with a minimum thickness of 20 mil and a maximum permeability of 1 × 10-10th centimeters/second, or a minimum of 1 foot of clay or other natural fine-grained material having an in-place permeability less than or equal to 1 × 10-5th centimeters/second. The cap shall be installed with a minimum slope of 4 percent to facilitate drainage of percolate. A drainage layer with a minimum thickness of 6 inches shall be emplaced immediately above the low permeability cap. Acceptable drainage layer material shall include clean sand or other natural coarse grained material with an in-place permeability greater than 1 × 10-3rd centimeters/second. The drainage layer shall be free of materials which may puncture or otherwise jeopardize the integrity of the low permeability cap. Commercially available filter fabrics, when used in conjunction with synthetic drainage blankets, may serve instead of the fine material, provided that the Department reviews and approves the selected materials and design configuration. Final earthen cover shall be placed over the drainage layer. Minimum cover thickness shall be 2 feet. Minimum cover slope shall be 4 percent to facilitate surface drainage from the site. The cover material shall contain sufficient organic material and nutrients to sustain a vegetative cover over time. Topsoil, or topsoil created using sewage sludge, and less select soils as authorized by COMAR 26.04.06, shall constitute acceptable final cover. Vegetative Stabilization. Within 30 days after the final earthen cover has been installed, the area shall be vegetatively stabilized using a perennial cover species as recommended by the county soil conservation district. Sufficient lime and commercial fertilizer, or sewage sludge as authorized by a permit issued under COMAR 26.04.06, shall be applied to the site to sustain vegetative growth. If the final cover is installed at a time which precludes seeding, the site shall be tacked and mulched in accordance with accepted sediment and erosion control specifications until the next available seeding window, at which time the site shall be vegetatively stabilized. Gas Venting. The closure cap on the municipal landfill shall include provision for venting of any gases which may form during the landfill stabilization process. Gas shall be vented to the atmosphere or collected for flaring or reuse. The concentration of methane (CH4) may not exceed: 25 percent of the lower explosive limit for the gases in facility structures, excluding gas control or recovery system components; and The lower explosive limit for the gases at the property boundary. Land Clearing Debris Landfills. Land clearing debris landfills as specified in Regulation .11 of this chapter, shall satisfy the following closure cap requirements: Final earthen cover as specified in §E(3) of this regulation; and Vegetative stabilization as specified in §E(4) of this regulation. Rubble Landfills. Rubble landfills as specified in Regulation .13 of this chapter, shall satisfy the following closure cap requirements: A low permeability cap as specified in §E(1) of this regulation; A drainage layer as specified in §E(2) of this regulation; Final earthen cover as specified in §E(3) of this regulation; and Vegetative stabilization as specified in §E(4) of this regulation. Industrial Waste Landfills. Industrial waste landfills as specified in Regulation .19 of this chapter, shall satisfy the following closure cap requirements: A low permeability cap as specified in §E(1) of this regulation; A drainage layer as specified in §E(2) of this regulation; Final earthen cover as specified in §E(3) of this regulation; and Vegetative stabilization as specified in §E(4) of this regulation. Landfills in Maryland shall be subject to post-closure monitoring and maintenance by the permittee as specified in this regulation, for a period of time not less than 5 years after the complete installation of the landfill cap. This time period may be extended by the Department if significant maintenance situations occur at the landfill during the 5-year period after closure. Inspections. The closed landfill shall be inspected at least twice per year by the permit holder or the permit holder's authorized representative. The inspection shall include: Observation of the cover at the landfill; Notation of any drainage irregularities or signs of erosion of the cover; Notation of any surface expressions of leachate at the landfill; and Checking the status of the monitoring wells. Maintenance. Irregularities or problems noted during the inspections shall be corrected within 30 days of their observance unless otherwise directed by the Department. Reporting and Record Keeping. For permitted facilities the results of inspections shall be recorded and reported to the Department within 60 days of the inspection. For facilities not required to obtain a permit, the results of inspections shall be maintained for a period of 5 years following closure. Permits. Permits Required. Unless excepted under the provisions of §A(2), of this regulation, a person may neither construct or operate a processing facility, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. Exceptions. Permits issued under this regulation are not required for processing facilities constructed and operated for private use located at schools, apartment houses, industries, hospitals, commercial establishments, individual residences, farms, and similar locations. Application for Permit. Requirement for Application. An application for a permit under the provisions of §A(1) of this regulation, shall be submitted to the Approving Authority. The application shall consist of a letter briefly describing the project for which approval is requested. If there is any reason for summary disapproval of the proposed project, the applicant shall be so notified in writing and advised on the proper appeal procedures. When practicable, within 60 days of receipt of a complete application, the applicant shall be: Informed of any additional information which the Approving Authority may require; or Advised to proceed with the preparation of engineering plans and specifications. Engineering Plans and Specifications. Eight complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. The information contained in these plans and reports shall include: A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility; Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas; A site plan designating the property boundaries and existing and proposed structures and roads; A descriptive statement of processes to be used; A description of: Major items of equipment including manufacturer, type, model, capacity, and number of units; Types and anticipated quantities of solid waste to be accepted; Types of solid waste not to be accepted; Areas of population to be served by the facility; Measures to be taken to prevent or control ground or surface water pollution, explosions, and odors; Methods of treating and disposing of liquid waste resulting from the operation; Employee safety and sanitary facilities including the location of on-site sewage disposal systems; An operational and maintenance manual which identifies the operation in detail, including: Periodic cleaning and maintenance; The manner in which unacceptable wastes which may be delivered to the processing facility will be identified, segregated, and handled before final disposal; and Other contingency plans. Application Review. The applications submitted shall be distributed as specified in Regulation .06C(1)(a)—(g), (j), and (k) of this chapter. A person receiving an application shall be asked to submit any comments within 30 days of receipt of the application. General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for a processing facility: Buildings. With the exception of the operations listed in §D(1)(b), of this regulation, processing activities involving the unloading, separation, reduction, or alteration shall be conducted in an enclosed building. The following activities may be conducted outdoors in areas and in a manner approved by the Department: Composting or co-composting; Separation or storage, or both, of white goods; Tire storage or processing; and Other activities authorized by the Approving Authority. Location. Location of the facility shall be adjacent to access roads which are: Paved or surfaced; and Provided with a base capable of withstanding anticipated load limits. Access Roads. An all-weather access road negotiable by loaded collection vehicles or other vehicle transportation shall be provided from the entrance gate of the facility to loading and unloading areas. Environmental Protection. The facility shall be operated in a manner which prevents air, land, or water pollution, public health hazards, or nuisances. Dust resulting from the operation shall be controlled at all times. All solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the facility except in approved containers. Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience. Operational Plan. The facility shall have a written emergency operational plan to provide for an alternative waste handling system when the facility is inoperative. This plan shall delineate the procedures to follow in case of equipment breakdown which may require stand-by equipment, extension of operating hours, or diversion of solid waste to other facilities. Cleanliness and Sanitation. Facilities shall be maintained in a clean and sanitary condition. Plumbing shall be properly maintained and floors shall be well drained and free from standing water. Sanitary facilities shall be provided for employees and shall be kept clean and in good repair. Solid waste not actually being processed shall be confined to the unloading area. Accumulations of solid waste shall be controlled in a manner as to minimize odors and nuisances and to prevent infestation by insects, rodents, or other vectors. Fire Control. Appropriate on-site fire control equipment shall be provided, and additional fire-fighting equipment shall be made available in emergencies through prior arrangements with the local fire department. Information Posted. A statement of the days and hours of operation shall be posted at the entrance of the facility, and access shall be limited to those times when authorized personnel are on duty. Equipment. Macerators, hammer mills, and grinders shall be cleanable and shall be equipped with drains which connect to a sanitary sewer system or equivalent. Tipping, Loading, and Unloading Areas. Waste tipping, loading, and unloading areas shall be constructed of impervious material which is readily cleanable. Drains shall be connected to a sanitary sewer system or other permitted treatment facility. Requirements for Composting Plants. The following are additional requirements for composting plants: Residue. The product resulting from composting operations and offered for sale or distribution shall be non-pathogenic, free of offensive odors, biologically and chemically stable, and free of injurious components or particles. Cleanliness and Sanitation. Solid waste intended for composting shall be maintained in a condition free of insects, rodents, and offensive odors before, during, and after the composting operation. The plant shall be maintained in a clean and sanitary condition. Insects, rodents, or other vectors shall be controlled by appropriate measures. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the processing facility for each year the facility is in use. This report shall be submitted as specified in the permit and shall include the: Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons. Quantities and disposition of processed material and residues from processing facilities. The Approving Authority may impose other reporting requirements considered necessary. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide: A statement from the appropriate local government agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement. Proof that the facility is consistent with the approved county comprehensive solid waste management plan. Permits Required. A person may neither construct nor operate a transfer station for public use, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. Application for Permit. Requirement for Application. An application for a permit under the provisions of §A shall be submitted to the Approving Authority. The application shall consist of a letter briefly describing the project for which approval is requested. If there is any reason for summary disapproval of the proposed project, the applicant shall be notified in writing and advised of the proper procedures of appeal. When practicable, within 60 days of receipt of the complete application, the applicant shall be informed of any additional information which the Approving Authority may require, or advised to proceed with the preparation of engineering plans and specifications. Engineering Plans and Specifications. Eight complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. The information contained in these plans and report shall include: A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility; Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas; A site plan designating the property boundaries and all existing and proposed structures and roads; A descriptive statement of processes to be used; A description of: Major items of equipment, including manufacturer, type, model, capacity, and number of units; Types and anticipated quantities of solid waste to be accepted; Types of solid waste not to be accepted; Area and population to be served by the facility; Measures to be taken to prevent or control odors, explosions, and ground or surface water pollution; Methods of treating or disposing of liquid waste resulting from the operation; Employee safety and sanitary facilities; Manner in which unacceptable wastes which may be delivered to the transfer station will be identified, segregated, and handled before final disposal; An operations and maintenance manual which identifies the operation in detail, including periodic cleaning, maintenance, and all contingencies. Application Review. An application received under this section shall be distributed as specified in Regulation .06C(1)(a)—(g), (j), and (k) of this chapter. A person receiving an application shall be requested to submit any comments within 30 days of receipt of the applications. General Requirements and Operating Procedures. General. The following are established as minimum requirements and operating procedures for transfer stations: Buildings. Activities pertinent to the transferring of solid waste involving the use of hydraulic, pneumatic, or mechanical equipment shall be conducted in an enclosed building or other area approved by the Department. Location. Location of the facility shall be adjacent to access roads which are: Paved or surfaced; and Provided with a base capable of withstanding anticipated load limits. Access Roads. An all-weather access road negotiable by loaded collection vehicles or other vehicles shall be provided from the entrance gate of the facility to loading and unloading areas. Environmental Protection. The facility shall be operated in a manner that prevents health hazards and minimizes nuisances. Discharge to air or waters of the State shall be limited to those allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operation shall be controlled at all times. Solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the facility except in approved containers. Supervision. Operation and management shall be under the direct supervision and control of individuals qualified in operating procedures by training, education, or experience. Operational Plan. The facility shall have a written emergency operational plan to provide for an alternative waste handling system when the facility is inoperative. This plan shall delineate the procedures to follow in case of equipment breakdown which may require stand-by equipment, extension of operating hours, or diversion of solid waste to other facilities. Cleanliness and Sanitation. Facilities shall be maintained in a clean and sanitary condition. The following conditions are required: Plumbing shall be properly maintained. Floors shall be well drained and free from standing water. Sanitary facilities shall be provided for employees and shall be kept clean and in good repair. Solid waste may not remain at the transfer station at the end of the working day unless it is stored in leak-proof, fly and rodent-proof containers. Special provisions shall be made for the transfer of bulky waste at the transfer station. Otherwise, this waste shall be excluded. Fire Control. Appropriate on-site fire control equipment shall be provided, and additional fire-fighting equipment shall be made available in emergencies through prior arrangements with the local fire department. Information Posted. A statement of the days and hours of operation shall be posted at the entrance to the facility and access shall be limited to those times when authorized personnel are on duty. Truck Wheel Curbs. Truck wheel curbs shall be provided to prevent vehicles from backing into the refuse unloading pit or falling into the pit while unloading. Tipping, Loading, and Unloading Areas. Waste tipping, loading, and unloading areas shall be constructed of impervious material which is readily cleanable. Drains shall be connected to a sanitary sewer system or any other permitted treatment facility. Other Requirements. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the transfer station for each year the facility is in use. This report shall be submitted as specified in the permit and shall include the: Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons or cubic yards. Quantities and destination of solid waste transferred. The Approving Authority may impose other requirements considered necessary. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide: A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement. Proof that the facility is consistent with the approved county comprehensive solid waste management plan. Permits. Permits Required. Unless excepted under the provisions of §A(2), of this regulation, a person may neither construct or operate an incinerator for burning solid waste, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. Exceptions. Permits issued under this regulation are not required for the following: Incinerators located at places such as schools, apartment houses, industries, hospitals, commercial establishments, individual residences, and farms, provided that the facility is not part of a system of refuse disposal for public use; Incinerators that are permitted under Environment Article, §7-232, Annotated Code of Maryland. Application for Permit. The applicant shall submit eight complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer. The information contained in these plans and reports shall include: A map showing the specific location, land use, and zoning within 1/4 mile of the boundaries of the proposed facility; Drawings of buildings and other structures showing types of construction, layout, and dimensions for unloading, storage, and processing areas; A site plan designating the property boundaries and all existing and proposed structures and roads; A descriptive statement of processes to be used; A description of: Major items of equipment including manufacturer, type, model, capacity, and number of units; Types and anticipated quantities of solid waste to be accepted; Types of solid waste not to be accepted; Area and population which will be served by the facility; Measures to be taken to prevent or control odors, explosions, and ground or surface water pollution; Methods of treating or disposing of liquid waste resulting from the operation; Employee safety and sanitary facilities; An operational and maintenance manual which identifies the operation in detail, including periodic cleaning and maintenance, and contingency plans; A description of the manner in which unacceptable waste which may be delivered to the incinerator will be identified, segregated, and handled before final disposal; A map depicting the topography of the site of the proposed incinerator; Anticipated tonnage per day of solid waste to be accepted at the incinerator daily; Location of storage areas for incinerator ash, precipitator waste, and other non-combustible waste generated by the incinerator; Identification of a proposed disposal site for the ash generated by the facility; Detailed engineering plans and specifications for the incinerator and related machinery. Applications received under this section shall be distributed as specified in Regulation .06C(1)(a)—(f) of this chapter. Persons receiving applications shall be asked to submit any comments within 30 days of receipt of the application. General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for an incinerator: Buildings. Activities involving the unloading, separation, reduction, or alteration of waste shall be conducted in an enclosed building. Location. Location of the facility shall be adjacent to access roads which are: Paved or surfaced; and Provided with a base capable of withstanding anticipated load limits. Access Roads. An all-weather road negotiable by loaded collection vehicles or other vehicles shall be provided from the entrance gate of the facility to loading and unloading areas. Environmental Protection. The facility shall be operated in a manner which prevents health hazards and minimizes nuisances. Discharges to air or waters of the State shall be limited to those discharges allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operation shall be controlled at all times. Solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the incinerator. The Department may authorize the on-site storage of ash or residues for the incineration process provided that the Department concludes that the degree of combustion is sufficient to reduce the level of putrescible materials to levels that do not result in odor conditions, vector attraction, or other nuisance conditions. The Department shall require that storage be conducted in such a manner as to not constitute a potential for ground or surface water pollution. Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience. Operational Plan. The facility shall have a written emergency operational plan to provide for an alternative waste handling system when the facility is inoperative. This plan shall delineate the procedures to follow in case of equipment breakdown which may require standby equipment, extension of operating hours, or diversion of solid waste to other facilities. Cleanliness and Sanitation. Facilities shall be maintained in a clean and sanitary condition. Plumbing shall be properly maintained and floors shall be well drained and free from standing water. Sanitary facilities shall be provided for employees and shall be kept clean and in good repair. Solid waste not actually being processed shall be confined to the unloading area which shall be maintained free of dust and nuisances. Accumulations of solid waste shall be controlled in a manner as to minimize odors and prevent infestation by insects, rodents, or other vectors. Fire Control. Appropriate on-site fire control equipment shall be provided, and additional fire-fighting equipment shall be made available in emergencies through prior arrangements with the local fire department. Information Posted. A statement of the days and hours of operation shall be posted at the entrance of the facility and access shall be limited to those times when authorized personnel are on duty. Tipping, Loading and Unloading Areas. Waste tipping, loading, and unloading areas shall be constructed of impervious material which is readily cleanable. Drains shall be connected to a sanitary sewer system or other permitted treatment facility. Other Requirements. Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the incinerator for each year the facility is in use. This report shall be submitted as specified in the permit and shall include: The quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons or cubic yards. The quantities and descriptions of solid waste, ash, and non-acceptable waste transported off-site for disposal. Quantities shall be given in tons or cubic yards. The Approving Authority may impose other requirements considered necessary. Public Hearing. Before issuing a refuse disposal permit for an incinerator, a public hearing shall be conducted in accordance with the provisions of Regulation .05I(1) of this chapter. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide: A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement. Proof that the facility is consistent with the approved county comprehensive solid waste management plan. An owner, operator, or person proposing to construct or currently operating a solid waste acceptance facility may apply to the Approving Authority for a variance from one or more of the provisions of these regulations. Variance may be sought for design or operation and maintenance requirements, or both. The Approving Authority shall grant a variance when the design or method of operation proposed in the variance application has been shown by the applicant to the satisfaction of the Approving Authority to conserve and protect the public health, the natural resources, and environment of the State, and to control air, water, and land pollution to at least the same extent as would be obtained by compliance with the regulation. Requests for variance shall supply information required by the Approving Authority, including: The nature and location of the solid waste facility; The reasons for which the variance is required, including the economic, technological, and environmental justification; and Other relevant information the Approving Authority may require in order to make a determination regarding the application. When practicable, within 60 days of receipt of sufficient information on which to base a decision concerning a variance request, the Approving Authority shall make a determination to either grant or deny the variance. If the variance request is denied, the applicant shall be informed in writing of the basis of the denial and the procedures for appeal of the determination. Suspension or Revocation of Permits. Permits may be revoked or temporarily suspended by the Approving Authority for failure of the holder to comply with: The requirements of these regulations; The requirements of the permit; or A corrective order issued by the Approving Authority. After written notification of the violation by the Approving Authority which provides the permittee an opportunity for a hearing, and if no immediate or substantial hazard to the public health or the environment exists, the permit may be suspended if the permit holder has failed to correct any violation of these regulations or the requirements of the permit. Unless the person served with an order suspending or revoking the permit makes a timely request for a hearing under §C of this regulation, the order is a final order. Within 10 days after being served with an order suspending or revoking the permit, the person served may request in writing a hearing before the Department. Whenever the Approving Authority finds conditions which, in the Approving Authority's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Approving Authority may issue without warning, prior notification, or hearing, a written notice to the permit holder citing those conditions, specifying the remedial and corrective actions to be taken, and specifying the time period within which the action shall be taken. If necessary, the order shall state that the permit is immediately discontinued. Upon written petition to the Approving Authority within 10 days of notification, the permit holder shall be afforded a prompt hearing. Reinstatement of Suspended Permits. A person whose permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that the deficiencies which caused suspension of the permit have been corrected, the Approving Authority shall make a reinspection. If the applicant is complying with the requirements of these regulations, the permit shall be reinstated. In this case, a public hearing is not required. Hearings. The Department shall give notice and hold hearings for violations of these regulations, permits, or corrective orders in accordance with the Administrative Procedure Act. Inspections. General. The Approving Authority shall inspect each solid waste acceptance facility permitted under these regulations, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations. Right of Entry. An agent of the Approving Authority, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises owned by a person supplying refuse disposal service, and upon private property for the purpose of collecting samples, records, information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are obeyed. Environment Article, §§9-204, 9-252, and 9-314, Annotated Code of Maryland Effective date: July 25, 1980 (7:15 Md. R. 1423) Regulation .04B amended effective June 21, 1982 (9:12 Md. R. 1224) Chapter, Installation and Operation of Systems of Refuse Disposal for Public Use, repealed effective March 7, 1988 (15:5 Md. R. 618) Regulations .01—.27, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618) COMAR 10.17.11 recodified to COMAR 26.04.07 Regulation .02B amended effective September 22, 1997 (24:19 Md. R. 1342); December 1, 2008 (35:24 Md. R. 2080); June 18, 2018 (45:12 Md. R. 619) Regulation .04C amended effective December 1, 2008 (35:24 Md. R. 2080) Regulation .13B amended effective September 22, 1997 (24:19 Md. R. 1342) Regulation .15 amended effective September 22, 1997 (24:19 Md. R. 1342) Regulation .16 amended effective September 22, 1997 (24:19 Md. R. 1342) Regulation .17 amended effective September 22, 1997 (24:19 Md. R. 1342) Regulation .18 amended effective September 22, 1997 (24:19 Md. R. 1342) Except as otherwise specifically provided, these regulations apply to all persons engaged in the storage, collection, transferring, hauling, recycling, or processing of scrap tires. In this chapter, the following terms have the meanings indicated. Terms Defined. “Approved facility” means a facility located in or outside of the State for collecting, recycling, or otherwise processing scrap tires that is approved or licensed by the Department in accordance with regulations adopted by the Department. “Authorization” means the granting of approval or licensure by the Department to handle scrap tires. “Clean-up” means the process of removing scrap tires to an authorized facility to alleviate a danger, nuisance, or environmental risk. The clean-up process includes any necessary remedial action or soil stabilization, or both. “Closure” means the cessation of all activities at a scrap tire facility and the clean-up of all scrap tires. “Comptroller” means the Comptroller of the Maryland State Treasury. “Department” means the Maryland Department of the Environment. “Financial assurance” means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Department. “Fund” means the State Used Tire Clean-Up and Recycling Fund. “General scrap tire collection facility” means a scrap tire collection facility where no more than 50 scrap tires are accumulated on site at any one time. “Handle scrap tires” means to be engaged in hauling, transferring, storage, collection, recycling, or processing of scrap tires. “Primary scrap tire collection facility” means a scrap tire collection facility where 1,501 scrap tires or more are accumulated on site at any one time. “Product” means a finished commodity which is not intended for further processing or to be used as a raw material in a manufacturing process. “Raw material” means a commodity intended for use in the direct manufacture of a product. “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Resource recovery incinerator” means a resource recovery facility that combusts solid waste. “Retread” means to apply a new tread to a used tire casing to upgrade a serviceable tire. “Scrap tire” means any tire or part of it that no longer is suitable for its original intended purpose by virtue of wear, damage, or defect, excluding scrap tire parts for which there is a written agreement for the purchase or acceptance of the material only when, at the discretion of the Department, the exclusion is specifically given by the Department in writing. “Scrap tire collection facility” means any location where scrap tires are: Deposited by a consumer or a scrap tire hauler; and Transferred to another scrap tire collection facility, scrap tire recycler, or any other authorized facility. “Scrap tire facility” means an existing, planned, or proposed site that stores, collects, recycles, incinerates scrap tires to recover energy, or otherwise processes scrap tires. “Scrap tire hauler” means a person who, as part of a commercial business, transports scrap tires in the State to or from a scrap tire facility. “Scrap tire recycler” means a person who is approved and licensed by the Department to process scrap tires to a form of raw materials or products that may be returned to the marketplace. “Scrap tire recycling system” means an organized method of controlling scrap tires from their generation through final disposition by recycling or processing established by the Maryland Environmental Service. This system includes scrap tire haulers, scrap tire collection facilities, scrap tire recyclers, and other approved facilities designated by the Service. “Secondary scrap tire collection facility” means a scrap tire collection facility where 51—1,500 scrap tires are accumulated on site at any one time. “Secretary” means the Secretary of the Environment. “Service” means the Maryland Environmental Service. “Solid waste acceptance facility” means any landfill, incinerator, transfer station, or processing facility whose primary purpose is to dispose of, treat, or process solid waste. “State” means the State of Maryland. “State Used Tire Clean-Up and Recycling Fund” means moneys made available under: Loan authorizations; Funds appropriated in the State budget; Fees collected for the first sale of new tires in the State by tire dealers under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland; Bond and security forfeitures collected under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland; or Reimbursement of Departmental costs for remedial actions and clean-ups, including administrative, public information, and legal expenses from responsible parties. Store Scrap Tires. “Store scrap tires” means the accumulation of scrap tires in any form or configuration in excess of 15,000 cubic feet. “Store scrap tires” does not include scrap tires collected in enclosed, metal, transport-worthy containers. “Tire” means a continuous rubber material or similar natural or synthetic product which is pneumatically designed or intended to cover or encircle a wheel which is manufactured for use on a motorized vehicle, a vehicle transported or towed by a motorized vehicle, farm implement, or machinery which is similar to these vehicles, trailers, or farm implements. “Tire-derived fuel” means whole or processed scrap tires used as a fuel or supplemental fuel. “Used tire” means any tire removed from a piece of equipment or vehicle for the purpose of retreading or reuse for its original intended use. Adjustment tires being returned to the manufacturer are used tires until a determination on the adjustment is made. General Provisions. A person may not haul, transfer, store, collect, recycle, or engage in other methods of processing of scrap tires in a manner which will likely: Create a nuisance; Be conducive to insect and rodent infestation; Cause a discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department; Cause a discharge of any constituents derived from scrap tires into waters of this State unless otherwise permitted by the Department; Impair the quality of the environment; or Create other hazards to the public health, safety, or comfort as may be determined by the Department. Scrap tire facilities, haulers, or recyclers may be publicly or privately owned and operated. The Department may require the delivery of scrap tires in this State to one or more facilities designated by the Service as part of the scrap tire recycling system. Specifically Prohibited Acts. Scrap tires may not be disposed of in an open dump as prohibited by COMAR 26.04.07.03B(4). Except as provided in §D(3) of this regulation, after January 1, 1994, scrap tires may not be disposed of in a landfill. The Secretary may waive the requirements described in §D(2) of this regulation under such terms and conditions and for such periods as the Department considers appropriate if the Department determines that a scrap tire recycling system: Does not exist; or Has insufficient capacity to accommodate the quantity of scrap tires generated in the State. A person may not store scrap tires in the State unless the person demonstrates to the satisfaction of the Department that, within 90 days of the time that the person stores the scrap tires, the scrap tires will be: Returned to the marketplace; Used as fuel in an approved resource recovery incinerator; Used as a tire-derived fuel in an approved facility; or Transferred to any facility within the scrap tire recycling system established by the Service. A person may not incinerate scrap tires in any manner except in a facility permitted or approved by the Department. A person may not incinerate tires except in: An approved resource recovery incinerator that uses tires as a fuel substitute; or An approved facility that uses scrap tires as a tire-derived fuel. A facility that processes scrap tires for use as a fuel in an incinerator, boiler, or resource recovery facility or a facility that burns or incinerates scrap tires may not be approved or licensed unless the: Applicant demonstrates to the Department's satisfaction that there is no reasonable and economically available opportunity to process the scrap tires and return them to the marketplace for reuse, with the applicant either demonstrating this through certification by the Service or by submitting to the Department an analysis of the capacity and tipping fees charged by facilities currently available in Maryland or those currently accepting scrap tires generated in Maryland; and Burning or incineration meets all federal and State air quality standards. If the Department elects to require the delivery of scrap tires generated in this State to facilities designated under §C of this regulation, a person may not transport scrap tires, and scrap tires may not be transported from any location in Maryland to any place other than the designated facilities. Scrap Tire Hauler License Requirements. The requirements applicable to scrap tire haulers are as follows: Beginning on July 1, 1992, a scrap tire hauler is required to have a license issued by the Department to transport scrap tires; and Beginning on July 1, 1992, a licensed scrap tire hauler shall transport scrap tires in accordance with these regulations. Those transporting not more than five scrap tires annually are exempt from the requirement to obtain a scrap tire hauler license. Scrap Tire Collection Facility License Requirements. The requirements applicable to scrap tire collection facilities are as follows: Beginning on July 1, 1992, each scrap tire collection facility located in the State is required to have a license issued by the Department to: Receive scrap tires from a consumer or a scrap tire hauler, and By means of a scrap tire hauler, transfer scrap tires to a scrap tire recycler, another scrap tire collection facility, or an approved facility; Beginning on July 1, 1992, each scrap tire collection facility included in the scrap tire recycling system shall meet all zoning and land use requirements of the county or municipal corporation in which the scrap tire collection facility is to be located; and The Department may waive any of the requirements of this section for a scrap tire collection facility that: Was in existence on or before July 1, 1992, and Is under a closure schedule approved by the Department. Beginning on July 1, 1992, a general scrap tire collection facility shall be considered licensed by the Department if: A registration form is on file with the Department; The scrap tire collection facility operates under the conditions specified in Regulation .10B(6) and (9)—(11) of this chapter; and The scrap tire collection facility is operated in a manner that does not: Create a nuisance; Contribute to insect and rodent infestation; Cause the discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department; Cause a discharge of any constituents derived from scrap tires into waters of this State unless otherwise permitted by the Department; Impair the quality of the environment; Create other hazards to the public health, safety, or comfort; Result in the transfer of scrap tires by means other than a scrap tire hauler; or Result in the transfer of scrap tires to any place other than a primary or secondary scrap tire collection facility, a scrap tire recycler, or an approved facility. Beginning on July 1, 1992, a secondary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to primary or secondary scrap tire collection facilities, a scrap tire recycler, or an approved facility. Beginning on July 1, 1992, a primary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to other primary scrap tire collection facilities, scrap tire recyclers, or an approved facility. The owner of a primary or secondary scrap tire collection facility, that does not seek a scrap tire collection facility license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter. A retread facility that returns used tire casings to the customer of origin is not a scrap tire collection facility or a scrap tire recycler. Scrap Tire Recycler License Requirements. Beginning on July 1, 1992, each scrap tire recycler in the State is required to have a license issued by the Department to process scrap tires to a form of raw materials or products which may be returned to the marketplace. The owner of a scrap tire recycling facility, that does not seek a scrap tire recycler license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter. Application Form. To apply for a scrap tire hauler license, a scrap tire hauler license application form shall be completed as set forth in §B of this regulation. The Department shall develop and make available a scrap tire hauler license application form. The application shall contain, at least, the following information: The name, mailing address, and telephone number of the applicant; The number of vehicles that will be transporting scrap tires; The vehicle registration plate number, vehicle identification number, and name of the registered vehicle owner for each vehicle used for transporting scrap tires; A map showing the geographical area that will be served or a listing of zip code areas served; The identification of all scrap tire facilities where the scrap tires are or will be collected, and the identification of the scrap tire facilities where the scrap tires will be delivered or transferred; If applicable, certification of acceptance by the Service for inclusion in the scrap tire recycling system; and Any other information specified by the Department at the time of application. Submission. Applicants for a scrap tire hauler license shall submit a completed license application to the Department and shall retain a copy for their records. Application Completion Criteria. Applications for a scrap tire hauler license are considered complete only if they are: Submitted on application forms provided by the Department; Accompanied by all required exhibits and supporting documents, as applicable; and Completed in full and signed by the applicant. Upon receipt of a completed application, the Department may deny the license if the: Application contains a material misrepresentation or false information, or fails to fully disclose relevant facts; and Applicant has not complied with these regulations, or other applicable statutes and regulations of the Department or other governmental agencies. Term of License. A scrap tire hauler license shall be issued for a term of 5 years. Conditions. Unless specifically exempted by statute or regulation, a licensed scrap tire hauler shall meet the criteria in §B(2)—(7) of this regulation as a condition of the license. A licensed scrap tire hauler shall operate in a manner consistent with the scrap tire hauler license and application. A licensed scrap tire hauler shall comply with all applicable State and federal statutes and regulations. A licensed scrap tire hauler shall display the scrap tire hauler identification number issued by the Department on all vehicles used to transport scrap tires. The identification number shall be displayed on the front driver and passenger side doors of each vehicle. Each character of this identification number shall be a minimum of 3 inches in height and legible at all times. A licensed scrap tire hauler shall inform the Department within 30 days of any change in vehicles used, including vehicle rental, change in license plate number, or ownership of any vehicle identified in a scrap tire hauler license application. The Department shall be advised of any vehicle deleted from the fleet. A licensed scrap tire hauler shall maintain records for a period of 3 years that track the scrap tires collected, transported, and deposited by the scrap tire hauler. These records shall be made available to the Department upon request within a reasonable amount of time for examination or duplication. The records shall include: The total quantity in number or weight of scrap tires that are transported; Where and from whom the scrap tires were collected, specifying the type and quantity in number or weight; and Where the collected scrap tires were deposited, specifying the type and quantity in number or weight deposited at each location. A licensed scrap tire hauler shall submit to the Department on February 1 and August 1 of each year a report containing the information described in this subsection for the preceding 6-month period of January—June and July—December. The report shall provide the following: The hauler's name, mailing address, and identification number; The period covered by the report; The total quantity of scrap tires, including processed portions, reported by number or weight, that were transported during the period; Where and from whom the scrap tires were collected, specifying the type and quantity by number or weight; and Where the collected scrap tires were deposited, specifying the type and quantity by number or weight deposited at each location and the Maryland approval, license, or permit number for the location where the scrap tires were deposited, as applicable. The reports submitted to the Department shall be on a form or in the format developed by the Department. General Application Form. An applicant for a scrap tire collection facility license or a scrap tire recycler license shall complete and submit an application form provided by the Department. The content requirements of the general portion of the application are set forth in §B of this regulation. Specific application information requirements according to the facility type as set forth in Regulation .12 of this chapter shall be submitted with the general application, as applicable. General Application Content. The application shall contain the following information: The name, facility location and mailing address, and telephone number of the owner or owners or resident agent of the facility; The manner in which scrap tires shall be collected or stored at the facility; The type and average quantity, by number or weight, of scrap tires projected to be on site at the facility at any given time; The maximum quantity, by number or weight, and type of scrap tires that can be accepted at the facility on a daily basis; The facility's ability to meet the technical and operational standards that apply to scrap tire storage set forth in Regulation .17 of this chapter, as applicable; and If the scrap tire facility is designated for inclusion in the scrap tire recycling system, certification by the county or municipal corporation in which the facility is to be located that the facility meets all local zoning and land use requirements. Application Completion Criteria. An application for a license as a scrap tire collection facility or a scrap tire recycler is considered complete only if it is: Submitted on forms provided by the Department; Accompanied by all required exhibits and supporting documents; Accompanied by certification of acceptance by the Service if designated for inclusion in the scrap tire recycling system; Completed in full and signed by the applicant; and Submitted in the number of copies specified by the Department, as follows: 13 copies for primary scrap tire collection facilities and scrap tire recyclers; and One copy for all other scrap tire collection facilities unless otherwise specified by the Department at the time of application. Application Review. The following shall be done after submission of a completed application for a primary scrap tire collection facility license or a scrap tire recycler license: The Secretary shall require the applicant to give notice of the application in a regularly published newspaper of general circulation in the Maryland county or in Baltimore City where the proposed facility is to be located, within 30 days of the submittal, and shall be in a format and content acceptable to the Department, with the notice: Stating the location of the facility and the type and quantity, by number or weight, of scrap tires intended for collection or handling at the facility; and Advising persons of their right to comment to the Department on the application; The applicant shall provide to the Department evidence of publication of the public notice; The Department shall distribute one copy of the application and supporting information to each of the following: Chief executive officer or the governing body, or both, of a county and municipality in which the activity is proposed; Local governmental agency responsible for solid waste management; Local health official; Secretary of Natural Resources; Director of the Water Resources Administration; Director of the Maryland Geologic Survey; Director of the Maryland Environmental Service; U.S. Geologic Survey; Appropriate soil conservation district or other appropriate approving authority as defined in COMAR 26.09.01; U.S. Army Corps of Engineers; State Highway Administration; and State Fire Marshal; A person receiving a copy of the application and supporting information shall be invited by the Department to inspect the proposed site and requested to submit comments to the Department within 30 days following receipt of the application; The Department may conduct a public information meeting in the county where a proposed primary scrap tire collection facility or scrap tire recycler is to be located. The Department may deny the scrap tire collection facility or scrap tire recycler license if: The application contains a material misrepresentation or false information, or fails to fully disclose relevant facts; The applicant has not complied with these regulations, or other applicable statutes or regulations of the Department or other governmental agencies; or For facilities proposed as part of the scrap tire recycling system, there is no demonstrated need or legislated priority for the proposed new, modified, or expanded scrap tire facility as an integral part of the scrap tire recycling system as determined by the Service. Term of License. A license for a primary and secondary scrap tire collection facility or scrap tire recycler shall be issued for a term of 5 years. Conditions. Unless specifically exempted by statute or regulation, a facility licensee shall meet the criteria in §B(2)—(10) of this regulation as a condition of the license. The facility shall be operated in a manner consistent with the primary and secondary scrap tire collection facility or scrap tire recycler license and application. The facility shall comply with all applicable State, local government, and federal statutes and regulations. If the licensee discovers through any means, including notification by the Department, that noncompliance with a condition of the license has occurred, the licensee shall immediately take all necessary steps to eliminate the condition of noncompliance and to minimize the adverse impacts on public health, safety, welfare, or the environment. If the licensee discovers that a noncompliance with a condition of the license has affected the public health, safety, welfare, or the environment, the licensee shall immediately notify the Department. The licensee shall inform the Department in writing within 30 days following a business name change, change in ownership or form of business organization, or any other change that affects the license. The licensee shall notify the Department within 1 week of the name and vehicle registration plate number of any nonlicensed person who attempts to deposit scrap tires at the licensee's facility after July 1, 1992, who is not exempt under Regulation .04A(2) of this chapter. The licensee shall issue a written receipt to each scrap tire hauler upon receiving a load of scrap tires. The receipt shall specify the type and quantity, by number or weight, of scrap tires received. The licensee shall maintain records on the quantity, by number or weight, of scrap tires entering and exiting the facility, including processed portions that are not raw materials, on the identity of the scrap tire haulers transporting the scrap tires, and on the origin of the scrap tires, so as to be able to fulfill the reporting requirements in §B(10) of this regulation. These records shall be maintained for a period of 3 years. The licensee shall submit to the Department, by February 1 and August 1 each year, a report containing the information described in this subsection for the preceding 6-month period of January—June and July—December. The report shall include the following: The facility name, address, and identification number; The period covered by the report; The total type and quantity, in number or weight, of scrap tires, including processed portions that are not raw materials, that were received at the facility; The type and quantity, by number or weight, of scrap tires, raw materials, products, and waste residuals transferred from the facility; The type and quantity of scrap tires remaining at the facility at the end of the reporting period; For each hauler entering the facility, the hauler's name, identification number, and the type and quantity by number or weight of scrap tires transported by the hauler; For all scrap tires transferred from the facility, the hauler's name, identification number, type and quantity, by number or weight, of scrap tires, and the destination of the scrap tires transported by each hauler, including scrap tires separated and removed for retreading; and For primary scrap tire collection facilities and scrap tire recyclers, along with the February 1 submittal, an annual update of the closure plan, including a revised cost estimate for closure, as required in Regulations .18—.20 of this chapter. The reports submitted to the Department shall be on a form or in the format developed by the Department. Location of Facility. A primary scrap tire collection facility or a scrap tire recycler may not be constructed or operated in a wetland, sinkhole, shoreland, ravine, 100-year floodplain, or any area where it may be subjected to immersion in water, unless authorized by the Department and the Department of Natural Resources. Operation. A primary scrap tire collection facility or a scrap tire recycler shall operate in compliance with the following standards: A routine operation involving the use of open flames, blowtorches, or highly flammable substances may not be conducted within 50 feet of a scrap tire pile; All-weather approach and access roads to the facility shall be maintained passable for any vehicle at all times; Access to the facility shall be strictly controlled at all times through the use of fences, gates, or other means of controlling entry; The facility shall be under the supervision of a responsible individual present at all times that the facility is operating; A sign shall be posted at the entrance of the facility stating the days and hours of operation; If required by the Department, the facility shall be screened from public view by natural or artificial screening; and The facility shall operate in compliance with any other operational requirement specified in the facility's license. Additional Application Requirements. In addition to the information described in Regulation .08B of this chapter, the application for a primary scrap tire collection facility or scrap tire recycler license shall include the following information: A description of facility operations, including a technical description of the methods and procedures used at the facility for processing scrap tires and the proposed hours of operation; The current zoning designation and use of the land at the site of the facility and the land within a 1/4 mile radius of the facility; Weight and use restrictions on the access roads that lead to the site; An explanation of how the accumulation of scrap tires at the facility shall be managed as well as the storage capacity at the facility, designating drop boxes, containers, trailers, or other fully enclosed structures, as well as stockpiles; A description of the types of vehicles that will deliver scrap tires to the facility; A description of all on-site equipment that will be used for the placement, movement, and transportation of scrap tires; A description of measures to be taken that meet the technical and operational standards for scrap tire storage specified in Regulation .17 of this chapter; For a scrap tire recycler: The maximum quantity, by number or weight, and type of raw material, product, and residuals from processing to be accumulated or stored on the site at any time; The processing capacity of the facility, by number or weight, of scrap tires per hour; The existing and proposed markets for the facility's tire-derived products or raw materials; Topographic section and facility conceptual design maps that depict the following: The map scale and directional orientation; The scrap tire recycler facility location and the surrounding 1/4 mile area in detail including: Wetlands, floodplains, shorelands, intermittent streams, and other surface waters; Legal boundaries and land ownership, including county and municipal boundaries, and easements and rights-of-way; The location of all wells; and Occupied dwellings; The facility conceptual design map, which shall show: The facility design and the location of all scrap tire collection and storage areas, and fire lanes; All existing and planned structures and buildings at the facility, including those used for scrap tire accumulation, storage, recycling, or processing operations; Loading and unloading areas; Access and internal all-weather roads; Runoff control measures, ditches, and dikes; The location of the areas used for processing of scrap tires; and The total land area in square feet or acreage; A plan for closing the facility in compliance with Regulations .18—.20 of this chapter; For facilities participating in the scrap tire recycling system, a description of the financial assurance to be provided in accordance with Regulation .21 of this chapter; For facilities participating in the scrap tire recycling system, a financial statement completed by a certified public accountant that describes the applicant's assets and liabilities to provide evidence of the financial ability to properly establish, operate, and maintain a primary scrap tire collection facility or a scrap tire recycling facility. Conditions. A primary scrap tire collection facility and a scrap tire recycler shall meet the following additional specific conditions which require that a licensee shall: For facilities participating in the scrap tire recycling system, maintain financial assurance to cover closure cost; Have an up-to-date closure plan; If applicable, have an up-to-date emergency preparedness manual; If applicable, meet the technical and operational standards for scrap tire storage specified in Regulation .17 of this chapter; and Comply with the applicable provisions of Environment Article, Title 2, Annotated Code of Maryland, and any regulations promulgated under it. A substitute fuel/tire-derived fuel facility or solid waste acceptance facility shall be approved by the Department before accepting any scrap tires. After the appropriate application required by Regulation .14 or .15 of this chapter is submitted to the Department, facility approval may be granted by a modification to a permit issued to the facility under other applicable State or federal statutes and regulations. When the storage of scrap tires is planned, the applicant for a substitute fuel/tire-derived fuel or solid waste acceptance facility shall submit 13 copies of the application and supporting documents for distribution by the Department, for comment, to those agencies or individuals listed in Regulation .09B(3) of this chapter. Until December 31, 1993, all permitted sanitary landfills in Maryland are approved facilities and may accept tires for disposal if the requirements specified in Regulation .10B of this chapter are met. To remain approved after this period, sanitary landfills shall apply for a renewal of their approval following the procedures in Regulations .15 and .23 of this chapter. Approval shall be issued for a term of 5 years. Application Requirements. A person who wishes to use scrap tires as a substitute fuel in a resource recovery facility or in a facility that uses tires as a tire-derived fuel shall submit an application for approval to the Department. The application shall include the following information: The information required by Regulations .08B and .12 of this chapter; and The following additional information: The rate at which the scrap tires will be incinerated; Identification of the applicable State and federal air quality standards; A plan for closing the facility in compliance with Regulations .18—.20 of this chapter; Financial assurance as required by Regulation .21 of this chapter for facilities participating in the scrap tire recycling system; For facilities participating in the scrap tire recycling system, a financial statement completed by a certified public accountant that describes the applicant's assets and liabilities to provide evidence of the financial ability to properly establish, operate, and maintain a substitute fuel facility or tire-derived fuel facility. Conditions. Approved facilities shall comply with the requirements specified in Regulation .10B of this chapter. A solid waste acceptance facility seeking to become an approved scrap tire facility after December 31, 1993 shall possess a valid refuse disposal permit as set forth under COMAR 26.04.07. Application. An applicant requesting approval of a solid waste acceptance facility as a scrap tire facility shall make application to the Department and, in addition to the information specified in Regulation .08B of this chapter, provide the following information: Specification as to whether scrap tires will be disposed of within the facility, processed within the facility, or transferred to another authorized facility; and Identification of the authorized facility to which scrap tires will be transferred. Designation of Scrap Tire Storage Areas. For those scrap tire facilities that will store scrap tires, a scrap tire storage area shall be used. Only scrap tires, including processed portions and raw material, may be stored in the designated scrap tire storage area. This area shall be maintained free of excessive vegetation or other flammable materials. Scrap tires shall be stored indoors or outdoors under the specifications described in the “Standard for Storage of Rubber Tires”, NFPA 231D (1989 Edition), National Fire Protection Association (NFPA), Batterymarch Park, Quincy, Massachusetts, which is incorporated by reference. A copy of this publication shall be maintained at the facility. NFPA Standards are superseded if they conflict with or are less stringent than: Applicable State or local fire and zoning regulations or statutes; or Provisions of these regulations. The Department may impose additional requirements on a scrap tire facility that stores scrap tires, including adequate on-site fire control equipment, based on the unique characteristics of a site that may affect the facility's potential to endanger the public health and safety, or the environment. A scrap tire facility that stores scrap tires shall be operated and maintained in a manner which controls mosquitoes and other insects or vermin to prevent public nuisances or health hazards. The site shall be engineered and constructed to keep any liquid runoff from entering waters of the State in the event of a tire fire. For those scrap tire facilities that store scrap tires, an up-to-date emergency preparedness manual shall be maintained at the facility at all times. This manual shall be submitted to the Department for approval at the time the facility applies for a license or otherwise seeks authorization. Once accepted, the manual becomes part of the authorization. This manual shall be updated if a change in the operations of the scrap tire facility occurs, or if the Department requests an update. This emergency preparedness manual shall, at a minimum, contain: A list of names and telephone numbers of persons to contact in the event of a fire, flood, or other emergency involving the facility; A list of emergency response equipment present at the facility or available for use at the facility, the location of the equipment, and how it should be used in the event of a fire or other emergency; The procedures to be followed by facility personnel from discovery of an emergency until the situation is corrected, including the measures that shall be taken to minimize the occurrence, recurrence, or spread of fires, explosions, and releases; The location of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for fire fighting purposes; Provision for reporting emergency situations to the Department without delay; and Provision for familiarizing all employees with the requirements of the emergency preparedness manual. An emergency preparedness manual may not be approved by the Department unless the applicant demonstrates that police and fire protection services are available for the facility. Except for general scrap tire collection facilities, an authorized scrap tire facility shall cease to accept scrap tires and immediately close the scrap tire operations in compliance with any special closure conditions established in the authorization under these regulations, if the following occur: Facility operations or the scrap tire portion of facility operations have been terminated; The facility fails to maintain adequate financial assurance as required in these regulations; The authorization issued by the Department for the facility expires and renewal of the authorization is denied by the Department; The authorization issued by the Department for the facility is revoked; or The facility receives a final order of the Department to cease operations. Submission of Closure Plan. An applicant seeking authorization for a primary scrap tire collection facility, a scrap tire recycler, a substitute fuel/tire-derived fuel facility, or solid waste acceptance facility shall submit to the Department a closure plan with the authorization application. Contents of Closure Plan. The closure plan shall include: A description of the facility's operation, including the maximum inventory of scrap tires, including processed portions, and waste residuals that shall be on site at the facility at any one time during the operating life of the facility; A cost estimate for closure as described in Regulation .20 of this chapter; The manner in which all scrap tires and waste residuals shall be removed from the facility upon closure; and A schedule for implementation of the applicable closure procedures described in Regulation .19 of this chapter, including the time period for completing the closure procedures. Closure Schedule. Unless otherwise described in a scrap tire facility closure plan accepted by the Department, closure procedures shall be completed within 90 days of cessation of facility operations, license revocation, license denial, or final order of the Department. Closure Procedures. For closure, the scrap tire facility shall: Close to public access; Post a gate notice indicating to the public that the facility is closed and indicating that the Department may be contacted for information regarding alternative sites where scrap tires can be deposited; 60 days before closure, notify the Department, local units of government, local land use authorities, and fire and health authorities of the closing of the facility; Remove all solid wastes to a permitted solid waste acceptance facility; Remove and transfer all scrap tires to a scrap tire collection facility, scrap tire recycler, or other approved facility, or return the scrap tires to the marketplace; and Notify the Department when the closure activities are completed. Certification of Closure. After receiving notification from the facility that the closure procedures have been completed in accordance with §B of this regulation, the Department shall inspect the facility site. If all procedures have been correctly completed, the Department shall verify that the facility has been closed in compliance with §B of this regulation. For each scrap tire facility, where a closure plan is required, an estimate shall be made of the costs for the transfer of the scrap tires to an authorized scrap tire facility or to the marketplace, and for the removal of all solid waste to a permitted solid waste acceptance facility, for the maximum amount of these materials that exist on the site at any time. The estimate shall be done according to a work sheet developed by the Department and shall include the following: Identification of and mileage to an authorized scrap tire facility or marketplace; Number of vehicle trips required to remove all scrap tires and solid waste from the facility; Cost per load to transport; Cost to load; Cost to deposit scrap tires at an authorized facility or marketplace and solid waste residuals at a permitted solid waste acceptance facility; Cost to secure the site and restrict public access; Administrative costs; and Total closure cost estimate. Financial assurance for the closure of a primary scrap tire collection facility, a scrap tire recycler, or any approved facility, shall be established by obtaining one or more of the financial assurance mechanisms approved by the Department. A deposit of cash, performance bond, letter of credit, insurance policy, or negotiable securities submitted under this regulation shall be filed with the Department and remain in effect until the Department certifies that the facility is closed in compliance with these regulations. Amount. The amount of financial assurance to be provided for scrap tire facilities, described in §A of this regulation, shall be at least equal to 125 percent of the estimated closure cost. For scrap tire facilities, described in §A of this regulation, in the scrap tire recycling system, authorization is contingent upon obtaining appropriate financial assurance. Exemptions. Publicly owned or operated scrap tire facilities, described in §A of this regulation, are exempt from financial assurance provisions. When a facility described in Regulation .21A of this chapter has completed, to the satisfaction of the Department, all closure requirements in accordance with the closure plan and these regulations, the Department shall release the security filed or deposited under Regulation .21 of this chapter. A written application for renewal of an existing license or approval shall be submitted 90 days before the expiration date of the authorization. A person whose authorization has expired following submission to the Department of a timely and complete renewal application may continue to conduct the authorized activity until the Department takes final action on the application, if the Department determines that the: Person is in compliance with the terms and conditions of the expired authorization; and Department, through no fault of the person seeking approval, has not taken final action on the application on or before the expiration date of the authorization. Modification. The Department may modify any existing authorization if the modification is needed to reflect changes in State or federal statutes or regulations applicable to a scrap tire facility or hauler. This modification shall also be incorporated into a facility closure plan or emergency preparedness manual, and other documents as appropriate. Transfer. An existing authorization may be transferred to new owners if the conditions in §B(2) and (3) of this regulation are met. Before any change in hauling company or facility ownership, a written request for transfer is submitted to and accepted by the Department. The request for transfer shall indicate the reason for the requested transfer, and shall be signed by those holding the authorization and those seeking to obtain it through transfer. The request shall also contain all information required in Regulations .05, .08, .12, .14, and .15 of this chapter, as applicable. An existing authorization may be transferred to new owners if the Department finds that the proposed transfer of the authorization would not affect present or future compliance with these regulations. Suspension or Revocation of Authorization. The Department may suspend, revoke, or modify any authorization if the Department finds that: The application contained false or inaccurate information; There has been a substantial deviation from: The documents accepted by the Department as terms or conditions of authorization, or Any requirement established by the Department; A representative of the Department has been refused entry to any area covered by the authorization for the purpose of inspecting the area to ensure compliance with the conditions of the authorization; There is or has been a violation of the Environment Article, Annotated Code of Maryland, any regulation adopted under the Environment Article, or any condition of approval or licensure; or There is any other good cause. Unless the person served with an order suspending or revoking the authorization makes a timely request for a hearing, the order is a final order. Reinstatement of Suspended Authorization. A person whose authorization has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the authorization. Once a written request has been made to the Department, including a statement signed by the applicant that the deficiencies which caused suspension of the authorization have been corrected, the Department shall make a reinspection. If the applicant is complying with the requirements of the authorization and these regulations, the authorization shall be reinstated. Inspections. The Department may inspect each authorized scrap tire facility as often as monthly to enforce these regulations. Additionally, reinspections may be made to ascertain that violations have been corrected. An agent of the Department, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises used for the storage, collection, or processing of scrap tires, and upon any other property for the purpose of collecting samples, records, or information, and taking photographs to ascertain whether the facility is in compliance with the statutes, regulations, orders, and authorizations of the Department. The facility operator shall provide access to all records and documentation requested by the Department for review and duplication. Authorization. There is a State Used Tire Clean-up and Recycling Fund (the Fund) as established in Environment Article, §9-273, Annotated Code of Maryland. Allocation of the Fund. The Department shall use the Fund in accordance with the provisions of Environment Article, §§9-275, 9-277, and 9-278, Annotated Code of Maryland. Procedures for Allocation of the Fund for the Scrap Tire Recycling System. The Service shall submit to the Department a request for financial assistance for: Projects within the scrap tire recycling system to reduce, recover, and recycle scrap tires that are approved by the Department; and Costs related to the implementation of scrap tire recycling systems including the cost of: Preparation of a scrap tire recycling system under Environment Article, §9-228(e), Annotated Code of Maryland, Implementation of any program established by the Service as a part of a scrap tire recycling system, and Providing assistance in funding the establishment of a private or public scrap tire collection, processing, or recycling facility. The Department shall accept expense estimates, cost justifications, and other information specified by the Department as a means of evaluating the request for financial assistance. Authorization. The Service, with the approval of the Department and the Board of Public Works, in accordance with these regulations, may award grants, loans, and loan guarantees to State agencies, local governments, and persons located or locating in Maryland for projects to reduce, recover, and recycle scrap tires generated in Maryland through the expansion or construction of scrap tire collection, processing, or recycling facilities. Eligible Uses. A loan or grant may be used for capital costs that: Expand an existing scrap tire facility that utilizes scrap tires; or Establish a new scrap tire facility or business which relates to the purposes outlined in Environment Article, §9-275(a)(2), Annotated Code of Maryland. Capital costs may include: Acquiring or constructing buildings and related appurtenances; Land acquisition; Equipment and machinery, including pollution control devices and systems or nuisance abatement devices and systems, or both; Trucks or other vehicles; Development of plans and specifications by professional engineering and architectural services, as long as these professionals are not shareholders, partners, or owners of the company or do not have an interest in the company. Working capital and general operating expenses are not eligible costs under this program. At the discretion of the Department and the Service, grants and loans may be awarded to include some or all of the following project costs: Improvement of facilities or equipment to initiate or expand the use of scrap tires to make raw materials or products; Test runs of manufacturing processes or asphalt application processes using scrap tires and other uses of scrap tires; and Testing of products made from scrap tires. Application Procedures. An applicant shall submit to the Service all of the following: An original and two complete copies of the application on a form provided by the State; A detailed typewritten narrative description of the project; A financial statement completed by a certified public accountant that describes the applicant's assets and liabilities; A certification that the applicant is unable to obtain, on reasonable terms, sufficient credit to finance the applicant's actual needs without the loan or grant. The Service, upon review of the applications, may recommend each application to the Department, listing its priority and amount, for approval of grants or loans. The dollar amount requested may not exceed the funding allocated for the items specified in §B of this regulation. The Department shall review the recommended action made by the Service. If acceptable to the Department, the recommendation shall be brought before the Board of Public Works for approval. Application Content. The narrative description required under §C(1)(b) of this regulation shall include, at a minimum, the following: Applicant's name and address; For corporations and partnerships, the identification of officers and major shareholders and their extent of interest; A description of the applicant's current business activities; Types and quantities, by number or weight, of scrap tires to be transported, collected, processed, or recycled; A description of the project's contribution to the recycling or other beneficial uses of scrap tires; A description of the project's contribution to the State's solid waste management goals; A description of the scope of the project as municipal, regional, or Statewide; Certification of the facility's conformance to the county solid waste management plan and that it meets all applicable zoning and land use requirements; Evidence of public participation and community support; Status of the permit process for any State and local permits required by the project; A detailed listing of assets to be purchased with the loan; A detailed report of projected capital costs of the project that are being requested; Plans and specifications for the project; The schedule for construction or implementation of the project; A description of the applicant's management system for construction and operation of the project; A description of the bookkeeping and accounting system for expenditures for construction or implementation of the project, and repayment of the loan, when applicable; and A feasibility study prepared by an independent agent. The financial information required under §C(1)(c) of this regulation shall include the following: Audited financial statements for the 3 most recent years; The most recent quarterly financial statements; 3 years of projections, including the following: Balance sheets, Income statement, Statement of changes in cash flow, and Assumptions used in creating the projections; A schedule of short-term notes payable; A schedule of properties owned or mortgaged, or both, identifying the mortgage holder; A schedule of long-term debt; and An explanation of any contingent liabilities. The Department may require, in its discretion, the following additional information: Appraisals of real property and equipment; Accounts receivable aging; and Accounts payable aging. General Requirements. Loans or grants obtained under Environment Article, §9-275(a)(2), Annotated Code of Maryland, shall be: Subject to the approval of the Department and the Board of Public Works; Made in accordance with policy and procedures of the Board of Public Works; Serviced, monitored, and collected (loans) by the Service; Issued for loans, at least, at the same rate of interest as the most recent State general obligation bond; and Awarded for up to 50 percent of the eligible costs of the project. The recipient shall execute an agreement with the Service to include all of the following: Specification of: The purpose of the loan or grant, The amount of the loan or grant, The term of the loan, The interest rate for the loan, and Any other conditions required by the Board of Public Works; and The obligation of the award recipient to: Construct, install, and operate the tire management project in a manner which ensures compliance with all applicable federal, State, and local laws and regulations, Maintain the project for its expected useful life, and Bind a successor in interest. Requirements Specific to Loans. A loan awarded under this regulation shall be: Repaid into the Fund; Repaid within 30 years; Executed with the manner of repayment described; and Executed on loans over $2,500 with a granting to the State of a security interest specified by the Department in equipment, structures, or properties. Award Criteria. The Department shall apply the following criteria to its evaluation of all applications for financial assistance, as appropriate: Cost effectiveness of a proposed project; Environmental or public health impacts caused by existing circumstances; Problem prevention aspects of a proposed project; Previous efforts expended to correct any existing problem; Financial capacity of the applicant to operate the project; Contribution of the proposed project toward meeting State and local solid waste plans and goals; Provisions for monitoring and review of the project, and future financial performance; Measures to assure accountability for all funds awarded under Environment Article, §9-275(a)(2), Annotated Code of Maryland; Applicant's level of readiness in terms of organization, management, prior studies, and financing of a share of project cost; and Contribution of the project toward the prevention or clean-up of scrap tire stockpiles in Maryland. Environment Article, §§9-201, 9-228, 9-262, 9-268, 9-274, 9-275, 9-277, and 9-278, Annotated Code of Maryland Effective date: July 6, 1992 (19:13 Md. R. 1204) Except as otherwise provided, these regulations apply to those engaged in the construction and operation of natural wood waste recycling facilities. In this chapter, the following terms have the meanings indicated. Terms Defined. “Composting” means the process in which natural wood waste is aerobically decomposed under controlled conditions to yield a humus-like product. “Department” means the Maryland Department of the Environment. “Facility structures” means any buildings and sheds or utility or drainage lines on the facility. Natural Wood Waste. “Natural wood waste” means tree and other natural vegetative refuse. “Natural wood waste” includes tree stumps, brush and limbs, root mats, logs, leaves, grass clippings, unadulterated wood wastes, and other natural vegetative materials. Natural Wood Waste Recycling Facility. “Natural wood waste recycling facility” means a facility where recycling services for natural wood waste are provided. “Natural wood waste recycling facility” does not include a collection or processing facility operated by a: Nonprofit or governmental organization located in the State; or Single individual or business that provides recycling services solely for its own employees or for its own recyclable materials generated on its own premises. Processing. “Processing” means any combination of steps or operations which: Reduce or alter the volume of a natural wood waste; or Alter the chemical, biological, or physical characteristics of natural wood waste. “Processing” includes composting and chipping of natural wood waste. “Recyclable materials” means those materials that: Would otherwise become solid waste for disposal in a refuse disposal system; and May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Recycling services” means the services provided by those engaged in the business of recycling, including the collection, processing, storage, purchase, sale, or disposition of recyclable materials. “Responsible party” means: An owner or officer of a company; A manager in charge of a principal business function; or Any other person who performs similar policy or decision-making functions. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility or allowing continued operation under a general permit, shall consider all material required under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in natural wood waste recycling in a manner which will likely: Create a nuisance; Be conducive to insect and rodent infestation or the harboring of animals; Cause a discharge of constituents derived from natural wood waste into the air unless otherwise permitted by the Department; Cause a discharge of constituents derived from natural wood waste to waters of this State unless otherwise permitted by the Department; Harm the environment; or Create other hazards to the public health, safety, or comfort as may be determined by the Department. Specific Prohibited Acts. A person may not operate a natural wood waste recycling facility in this State except in accordance with the provisions of these regulations. A natural wood waste recycling facility may accept only natural wood waste. A person may not burn wood waste at a natural wood waste recycling facility except as permitted by the Department. Permits Required. Unless excepted under the provisions of §B of this regulation, a person: May not operate a natural wood waste recycling facility in the State after July 1, 1992, without a permit issued by the Department under these regulations; and Shall operate the facility: Under the conditions of an individual permit issued by the Department; or In accordance with the conditions of the general permit after the responsible party has: Submitted a Notice of Intent (NOI) in accordance with Regulation .11 of this chapter, and Received a letter of acknowledgment from the Department. Exception. A permit issued under these regulations is not required for a natural wood waste recycling facility when the operator is required to obtain a permit under Environment Article, §9-204, Annotated Code of Maryland. Requirements for Application. An applicant for a natural wood waste recycling facility shall submit a permit application to the Department. The application shall include: A description of the project for which approval is requested, including how the requirements in Regulation .07 of this chapter shall be met; A description of all other applicable permits required under local, State, or federal statutes; A marketing plan and strategy for the product or products produced at the facility; and Copies of plans and engineering reports as described in §B of this regulation. If there is any reason for summary disapproval of the proposed project, the Department shall notify the applicant in writing and advise the applicant of the proper appeal procedures. The applicant shall submit 11 complete sets of the application to the Department. Plans and Specifications. The applicant shall submit plans and engineering reports covering the proposed project to the Department as part of the application. The information contained in these plans and reports shall include: A map showing the specific location and land use within 1/2 mile of the boundaries of the proposed facility; Drawings of on-site buildings and other facility structures showing type of construction, layout, and dimensions; A topographic map of the site that identifies slopes greater than 25 percent, floodplains, wetlands, and aquifer recharge areas; Drawings showing unloading, product storage, equipment storage, and processing areas; A site plan designating the property boundaries, existing and proposed facility structures, and roads; A descriptive statement of processes and technology to be used; A description of the following: Major items of equipment including manufacturer, type, model, capacity, and number of units, Types and anticipated quantities of natural wood waste to be accepted and processed daily, Types of natural wood waste that are not accepted, Means by which quantities of materials entering, processed, and leaving the facility are determined, Geographic areas to be served by the facility, Measures that shall be taken to prevent or control ground or surface water pollution, explosions, odors, noise, dust, litter, vectors, and other nuisances, Methods of controlling runoff from unloading, storage, and processing areas, A description of soil types and depth, Employee safety and sanitary facilities including the location of on-site sewage disposal and water supply systems, Number and types of employees, and Hours of operation; An operations and maintenance manual which identifies the operation in detail, including: Periodic cleaning and maintenance, The methods for handling unacceptable wastes delivered to the processing facility, including how they shall be identified, segregated, and handled before final disposal, Employee safety training requirements, Procedures for recording and reporting incidents of noncompliance with this chapter, Methods used to prevent mud, soil, and debris from the facility from entering public roadways, and Other contingency plans; An erosion and sediment control plan that meets the requirements of COMAR 26.09.01 and has been approved by the local soil conservation district or appropriate approving authority; A grading permit as required by the local jurisdiction; A description of site security and access control; An approved and bonded stormwater management plan as required by the local jurisdiction; and An emergency preparedness manual. Term of License. A natural wood waste recycling facility license shall be issued for a term of 5 years. The Department shall distribute the applications submitted to each of the following: The governing body, the county executive, or both, of a county or municipality in which the activity is proposed; Local operating agency responsible for solid waste and recycling management; Local health or environmental official; Department of Natural Resources; Appropriate soil conservation district; U.S. Army Corps of Engineers; State Highway Administration; State Fire Marshal's Office; and Local fire marshal. The Department shall invite each person receiving a copy of the application and supporting information to inspect the proposed site and submit comments to the Department within 30 days of receipt of the report. Application Review. After submission of a completed application for a natural wood waste recycling facility, the applicant shall: Give notice of the application, within 30 days of the submittal, in a newspaper that publishes regularly and has a general circulation in the Maryland county where the proposed facility is to be located; Ensure that the notice in §C(1) of this regulation: Has the content and format acceptable to the Department, States the location of the facility and the type and quantity of natural wood waste intended to be processed, Advises persons of their right to comment to the Department on the application; and Provide to the Department evidence of publication of the public notice required by this regulation. Buildings, Screens, or Buffers. In order to ensure compliance with Regulation .03A(1) of this chapter, the Department may require that the natural wood waste recycling facility conduct processing activities involving unloading, separation, reduction, or alteration in one or more of the following ways: In an enclosed building; Screened from adjoining properties; or Buffered from adjoining properties at a distance determined by the Department. Processing Conditions. Processing areas shall be located at least 50 feet from any property line. Markets for the raw material or products produced by the natural wood waste recycling facility shall be identified and available before processing. Aerobic conditions shall be maintained and controlled during composting of vegetative materials. Access Roads. A natural wood waste recycling facility shall have an all-weather access road negotiable by emergency vehicles, loaded delivery vehicles, or other vehicle transportation from the entrance gate of the facility to loading and unloading areas. Environmental Protection. A natural wood waste recycling facility shall control dust resulting from the operation at all times. The facility shall confine all wood waste to approved unloading, processing, or storage areas at the facility. Supervision. A natural wood waste recycling facility shall operate under the direct supervision and control of a responsible individual. The individual supervising shall be present at all times during the operation of the facility. Emergency Preparedness Manual. The facility shall have a written emergency preparedness manual that is: Maintained at the facility at all times; and Submitted to the Department with its natural wood waste recycling facility permit application or NOI to operate under the conditions of the general permit. Once the manual is accepted by the Department, the manual becomes part of the permit. The natural wood waste recycling facility shall update its emergency preparedness manual: If a change in the operations of the natural wood waste recycling facility occurs; If the Department requires a change; or If the Department requests an update. This emergency preparedness manual shall, at a minimum, contain: A list of names and telephone numbers of the persons to contact in the event of a fire, flood, or other emergency involving the facility; A list of emergency response equipment present at the facility or available for use at the facility, the location of the equipment, and how the equipment shall be used in the event of a fire or other emergency; The procedures facility personnel shall follow from discovery of an emergency until the situation is corrected, including the measures to minimize the occurrence, recurrence, or spread of fires, explosions, and releases; The location of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for fire fighting purposes; Provision for reporting emergency situations to the Department without delay; and Provision for familiarizing all employees with the requirements of the emergency preparedness manual. Any changes shall be reported in writing to the Department within 30 days of occurrence. Cleanliness and Sanitation. A natural wood waste recycling facility shall maintain clean and sanitary conditions on the site. A natural wood waste recycling facility shall confine natural wood waste to designated storage areas when not being processed. A natural wood waste recycling facility shall control accumulations of natural wood waste in a manner that minimizes odors and nuisances and prevents infestation by insects, rodents, or other vectors. Fire Control. A natural wood waste recycling facility shall store natural wood wastes indoors or outdoors in accordance with the requirements of the State Fire Marshal's Office. The permittee shall provide appropriate on-site fire control equipment in addition to additional fire-fighting equipment made available through prior arrangements with the local fire department. Information Posted. A natural wood waste recycling facility shall post a statement of the days and hours of operation at the entrance of the facility. Personnel and Equipment. A natural wood waste recycling facility shall maintain adequate personnel and equipment on site at all times to ensure the proper operation and prompt attention to correct problems associated with the construction and maintenance of the facility. Access Control. A natural wood waste recycling facility shall control access to the facility at all times and adequately close entrances when the site is not in operation. Annual Report. A natural wood waste recycling facility shall submit an annual report in writing to the Department concerning the status of the natural wood waste recycling facility for each year the facility is in use. The facility shall submit the report in §A of this regulation by March 1 of each year for the preceding calendar year's data. The facility shall submit all required data on the form or in the format provided by the Department, and shall include in the data at least the: Quantity of natural wood waste received during each month of the preceding 12 months by volume and weight, indicating the county in which each quantity of material is generated; Quantities of processed material and residues produced by the processing activities during each month of the preceding 12 months, by volume and weight; and Quantities of processed material and residues removed from the facility during each month of the preceding 12 months, by volume and weight. Other Reporting Requirements. The Department may impose other reporting requirements considered necessary. The owner, operator, or person proposing to construct or currently operating a natural wood waste recycling facility may apply to the Department for a variance from one or more of the provisions of these regulations. A natural wood waste recycling facility may seek a variance for design or operation and maintenance requirements, or both; 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 facility operations will conserve and protect the public health, natural resources, and environment of the State, and control air, water, and land pollution to at least the same extent as would be obtained by compliance with these regulations. Requests for a variance shall supply the information required by the Department, including: The nature and location of the natural wood waste recycling facility; The reasons for which the variance is required, including the economic, technological, and environmental justification; and Other relevant information the Department may require in order to make a determination regarding the application. The Department shall make a determination to either grant or deny the variance. If the variance request is denied, the Department shall inform the applicant in writing of the basis of the denial and the procedures for appeal of the determination. The provisions of the general permit are not subject to variance. Suspension or Revocation of Permits. The Department may issue an order or revoke or temporarily suspend an individual permit or authorization to operate under the general permit for failure of the holder or responsible party to comply with: The requirements of these regulations; The requirements of the permit; A corrective order issued by the Department; or The requirements of other applicable State laws and regulations. After written notification of a violation by the Department which provides the permittee an opportunity for a hearing, and if no immediate or substantial hazard to the public health or the environment exists, the Department may suspend or revoke an individual permit or authorization to operate under the general permit if the permit holder or responsible party has failed to correct any violation of applicable law, this chapter, or the requirements of the permit. Whenever the Department finds conditions which, in the Department's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Department may issue a written notice to the permit holder or responsible party without warning, prior notification, or hearing. This notice shall: Cite those conditions; Specify the remedial and corrective actions to be taken; Specify the time period within which the action shall be taken; and If necessary, state that the permit or authorization to operate under the general permit is immediately discontinued. Within 10 days after being served with an order suspending or revoking the permit or authorization to operate under the general permit, the person served may request in writing a hearing before the Department. Unless the person who has been served with an order suspending or revoking a permit or authorization to operate under the general permit makes a timely request for a hearing under §A(4) of this regulation, the order is a final order. Reinstatement of Suspended Permits or Authorization to Operate Under the General Permit. A person whose permit or authorization to operate under the general permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit or authorization to operate under the general permit. Following receipt of a written request, including a statement signed by the permittee that the deficiencies which caused suspension have been corrected, the Department shall make a reinspection. If the permittee is complying with the requirements of the permit and these regulations, the Department shall reinstate the permit or authorization to operate under the general permit. Inspections. General. The Department shall inspect the natural wood waste recycling facilities permitted under this chapter, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations. Right of Entry. A natural wood waste recycling facility shall allow an agent of the Department, after presenting proper identification, to enter the buildings, structures, and premises owned by a person supplying natural wood waste recycling services, and to enter private property for the purpose of collecting samples, records, and information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are being obeyed. Submission of a Notice of Intent signifies that the signatory party intends to be authorized to operate a natural wood waste recycling facility. Becoming a permittee under the general permit obligates the person or business entity, or both the person and business entity, to comply with the terms and conditions of the general permit. Coverage under the general permit does not affect the length of the original term under a previously issued individual permit. The NOI shall be signed by a responsible party and shall be sent by certified mail. A person signing an NOI shall certify that the facility is in compliance with the conditions of the general permit. A permittee may participate in the general permit for a maximum period of 5 years from the date of the letter of acknowledgment issued by the Department after receipt of the NOI. A permittee or responsible party wishing to renew its participation in the general permit shall submit a Notice of Intent to renew the coverage under the general permit 14 days before the expiration of that 5-year period. Effective Date of Coverage. Authorization to operate a natural wood waste recycling facility is effective on the date the Department acknowledges receipt of the Notice of Intent. Authorization expires 5 years after the date of the acknowledgment of receipt by the Department unless: A renewal NOI is submitted 14 days before the expiration date; or The permittee notifies the Department of its intent to cease operating before the expiration date of its participation in the general permit. A permittee ceasing operations shall notify the Department of its intent to do so. Transfer of Ownership. Participation in the general permit: Is not transferable; and Authorizes only the signatory party to operate the permitted facility. In the event of any change in control or ownership of the property, the permittee shall notify the succeeding owner by certified mail of the existence of the permit and of any outstanding permit noncompliance a minimum of 60 days before transfer. A copy of the notification shall be forwarded simultaneously to the Department. Environment Article, §§9-1701 and 9-1708, Annotated Code of Maryland Effective date: July 6, 1992 (19:13 Md. R. 1210) Chapter revised effective April 5, 1999 (26:7 Md. R. 546) The purpose of this chapter is to provide for the regulation of coal combustion byproducts, and to establish certain requirements pertaining to the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts, including the use of coal combustion byproducts in coal and noncoal mining operations. Except as otherwise specifically provided, this chapter applies to persons engaged in the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts. Compliance with the provisions of this chapter does not relieve a person from the duty to comply with any other applicable federal, State, and local laws, regulations, and ordinances. In this chapter, the following terms have the meanings indicated. Terms Defined. “Air pollution” has the meaning stated in Environment Article, §2-101(b), Annotated Code of Maryland. Beneficial Use. “Beneficial use” means the use of coal combustion byproducts in a manufacturing process to make a product, or as a substitute for a raw material or commercial product, which, in either case, does not create an unreasonable risk to public health or the environment as determined by the Department. “Beneficial use” does not include the use of coal combustion byproducts in a mining operation or in mine reclamation activities. Coal Combustion Byproducts. “Coal combustion byproducts” means the residue generated by or resulting from the burning of coal. “Coal combustion byproducts” includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal burning furnaces and boilers, including flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods. “Coal combustion byproducts disposal facility” means a facility or site where coal combustion byproducts are or will be disposed of, and includes the entirety of any lot or parcel and all contiguous land and structures, other appurtenances, and improvements on the land, which are owned, leased, or used by, or under the control of, the owner or operator. “Department” means the Department of the Environment. “Discharge” has the meaning stated in Environment Article, §9-101, Annotated Code of Maryland. “Disposal” means the discarding or abandonment of coal combustion byproducts so that they are not recycled or used, as determined by the Department. “Dispose” means any action that results in a disposal. Generator. “Generator” means a person whose operations, activities, processes, or actions create coal combustion byproducts. “Generator” does not include a person who only generates coal combustion byproducts by burning coal at a private residence. “Leachate” means liquid that: Has percolated through, has drained from, or has been generated by coal combustion byproducts; and Has extracted dissolved material, miscible material, suspended material, or all of these from the coal combustion byproducts. “Open dump” means a land disposal site which: Is not designed or operated in accordance with the requirements for a sanitary landfill under COMAR 26.04.07; or Is in violation of the Resource Conservation and Recovery Act, §4005, and 40 CFR §257. “Open dumping” means any action that results in the creation of an open dump. “Operator” means a person responsible for the overall operation of a facility, site, or storage system. “Owner” means a person who owns all or part of a facility, site, or storage system. “Person” means an individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, or other entity, or a federal, State, or local government or governmental unit, or any political subdivision of this State or any of its agencies or instrumentalities. “Pozzolan” has the meaning stated in Environment Article, §15-407, Annotated Code of Maryland. “Sludge” means any solid, semi-solid, or liquid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, including sewage sludge but exclusive of the treated effluent from a wastewater treatment plant. “Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities, including coal combustion byproducts that are not recycled or used, as determined by the Department. “Solid waste acceptance facility” has the meaning stated in COMAR 26.04.07.02. “State” means the State of Maryland. “Storage system” means a storage tank, silo, bunker, impoundment, or other containment structure used for the storage of coal combustion byproducts before their disposal, use, or transport. “Surface impoundment” has the meaning stated in COMAR 26.10.02.04. “Waters of this State” has the meaning stated in Environment Article, §9-101, Annotated Code of Maryland. General Restrictions. A person may not engage in the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts in a manner that is likely to: Create a nuisance; Create air pollution; Cause a discharge of pollutants to waters of this State except in accordance with a valid permit issued by the Department under Environment Article, §9-323, Annotated Code of Maryland; Cause a violation of a ground water quality standard described in COMAR 26.08.02.09C; Impair the quality of the environment; or Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department. Specific Prohibited Acts. Operating an Open Dump. Except as provided in Regulation .04E of this chapter, a person may not: Dispose of coal combustion byproducts in an open dump; or Cause, suffer, allow, or permit open dumping of coal combustion byproducts on the person's property. Accepting Controlled Hazardous Substances. A person may not accept a material that meets the definition of hazardous waste under COMAR 26.13.02 at a coal combustion byproducts disposal facility unless the facility is in compliance with the permit requirements of COMAR 26.13.07.01. Air Pollution. A person may not engage in the disposal, storage, transportation, processing, handling, or use of coal combustion byproducts without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall include, when appropriate as determined by the Department, those precautions described in COMAR 26.11.06.03C and D. Transportation. In addition to the requirements of §B(3) of this regulation, a person may not transport coal combustion byproducts without taking reasonable precautions to control fugitive air emissions relating to the transportation. These reasonable precautions shall include, at a minimum, the following: Vehicles transporting coal combustion byproducts shall be fully enclosed, or fully enclosed on all sides and covered with a firmly secured canvas or other covering, so as to prevent any coal combustion byproducts from blowing off, falling off, or spilling out of the vehicle, or the coal combustion byproducts shall be handled and transported in sealed containers designed for transportation of powdery solids; Before leaving a site where coal combustion byproducts are loaded or off-loaded, vehicles transporting coal combustion byproducts shall be rendered clean and free of excess material or debris that could blow off, fall off, or spill during transportation; Coal combustion byproducts being loaded into or off-loaded from a vehicle shall be sufficiently moistened or otherwise conditioned or contained to prevent particulate coal combustion byproducts from becoming airborne or causing fugitive air emissions; Following loading but prior to any transportation of coal combustion byproducts, the transporter shall inspect each vehicle that contains coal combustion byproducts to ensure that the requirements of §B(4) of this regulation are met; A transporter of coal combustion byproducts shall maintain an inspection log for each vehicle that shall be maintained in the vehicle at all times during transport of coal combustion byproducts, and for 30 days thereafter that shall certify compliance with the standards in §B(4) of this regulation; and An inspection log maintained by a transporter of coal combustion byproducts shall consist of an entry for each inspection of a vehicle that has been conducted by the transporter. An inspection entry shall consist of the following information: The date the inspection occurred; The time of day the inspection occurred; The name of the person conducting the inspection; The condition of the vehicle and any corrective action required to ensure compliance with this subsection, for example, “truck cleaned and covered” for a vehicle that meets the requirements, or “cover OK, right side wheels hosed off again” for a vehicle that was properly covered but which required re-cleaning of wheels on the right side; and The signature of the individual certifying compliance with §B(4) of this regulation. Disposal. A person may not dispose of coal combustion byproducts except in accordance with the provisions of this regulation. A person shall dispose of coal combustion byproducts only in a coal combustion byproducts disposal facility or a solid waste acceptance facility that has been authorized by the Department for the disposal of coal combustion byproducts. On or after December 1, 2008, before a new coal combustion byproducts disposal facility may be constructed, a person shall apply for a permit for an industrial waste landfill under Environment Article, §9-204, Annotated Code of Maryland, and comply with the requirements for industrial waste landfills in COMAR 26.04.07 to the satisfaction of the Department, including but not limited to: The general requirements in COMAR 26.04.07.19; The permit requirements in COMAR 26.04.07.20; The closure requirements in COMAR 26.04.07.21; The post-closure monitoring and maintenance requirements in COMAR 26.04.07.22; and Any other requirements the Department considers necessary to protect public health and the environment or to prevent nuisance conditions. A new coal combustion byproducts disposal facility may not be constructed or operated on or after December 1, 2008 unless a permit for an industrial waste landfill has been issued by the Department authorizing the facility. A coal combustion byproducts disposal facility that the Department has authorized for the disposal of coal combustion byproducts before December 1, 2008, may continue to operate under the Department's authorization, except that the Department reserves the right to modify an existing authorization to require additional controls or requirements as it considers necessary to protect public health and the environment or to prevent nuisance conditions. An existing coal combustion byproducts disposal facility that intends or proposes to expand beyond its current authorization or operations shall notify the Department in writing. The Department may impose additional controls or requirements on the expansion of the facility as it considers necessary to protect public health and the environment or to prevent nuisance conditions, including, but not limited to, a requirement that the proposed expansion obtain a refuse disposal permit for a new industrial waste landfill or other solid waste acceptance facility as the Department considers appropriate, in accordance with applicable regulations. A person may not store coal combustion byproducts except in accordance with the provisions of this regulation. A person may not store coal combustion byproducts directly on the surface of the ground or in an unlined surface impoundment, pit, pond, or lagoon without the authorization of the Department. A person shall store coal combustion byproducts in a manner that prevents contact with waters of this State and that is designed either to minimize contact with precipitation or to collect leachate that may result from contact with precipitation. A person may not use a storage system for coal combustion byproducts unless the storage system is: Designed, constructed, and installed to contain coal combustion byproducts and contaminants in the coal combustion byproducts and prevent them from being released to the environment; and Provided with a roof or other protections to prevent nuisance, air pollution, and unlawful discharges of contaminated stormwater or leachate to the waters of this State. A person may not store coal combustion byproducts in an area likely to pollute the waters of this State. Responsibility for the prompt control, containment, and removal of any released coal combustion byproducts or for placing coal combustion byproducts in a position likely to pollute the waters of this State shall be with the person responsible for the release, and with the owner and operator of the facility, site, or storage system where the release occurred. This responsibility shall continue until removal or clean up of any contamination or pollution from the release has been accomplished to the satisfaction of the Department. The Department may impose specific requirements for the storage of coal combustion byproducts upon a determination that storage of coal combustion byproducts has caused or is likely to cause a discharge to the waters of the State, is a nuisance, or otherwise poses a threat to public health or the environment. The owner and operator of a facility, site, or storage system shall ensure that: A release of coal combustion byproducts during storage operations due to spilling or overflowing does not occur; Adequate storage space is available to handle the volume of coal combustion byproducts generated and to be stored; and Transfer, handling, and storage operations are performed in a manner that shall prevent, contain, and clean up spills of coal combustion byproducts. A person may not use coal combustion byproducts in a mine reclamation activity or other mining operation, except in accordance with this chapter and §B or C of this regulation. Active and Abandoned Coal Mines. Coal combustion byproducts may be used in a surface coal mining and reclamation operation and in an abandoned coal mine only in accordance with the provisions of COMAR 26.20, including but not limited to COMAR 26.20.24.08. Noncoal Surface Mines. Coal combustion byproducts may be used in the reclamation of a noncoal surface mine only in accordance with COMAR 26.21.04. A person may apply to the Department for a variance from one or more of the provisions of this chapter. The Department may grant a variance if the basis for the variance application is demonstrated to the satisfaction of the Department to: Provide equal or greater protection to prevent a release or discharge of coal combustion byproducts to the environment as would be provided by compliance with the regulation for which a variance is requested; Conserve and protect the public health, the natural resources, and the environment of the State; and Control pollution to at least the same extent as would be obtained by compliance with the regulation for which a variance is requested. A person applying for a variance shall supply the information required by the Department, including: The nature and location of the site or sites at which the coal combustion byproducts will be generated, stored, handled, processed, recycled, disposed of, or used; The reasons why the applicant requires the variance, including the technological and environmental justification; and Other relevant information the Department may require in order to make a determination regarding the application for a variance. When practicable, within 60 days of receipt of a complete application for a variance request as determined by the Department, the Department shall make a determination to either grant or deny the variance. If the request for a variance is denied, the Department shall inform the applicant in writing of the basis of the denial. A generator of coal combustion byproducts shall maintain records of, and deliver to the Department by March 1 of each year an annual report that contains, the following: The name, address, and telephone number of the generator of any coal combustion byproducts; A description of the process that generates the coal combustion byproducts, including the type of coal or other raw material that generates the coal combustion byproducts; The annual volume of coal combustion byproducts generated during the last 5 calendar years, including an identification of the different types of coal combustion byproducts generated and the volume of each type generated, except that after a generator has submitted its first annual report, which shall report the information in this subsection for the last 5 calendar years, subsequent annual reports need only provide the information in this subsection for the last calendar year; Descriptions of any modeling or risk assessments, or both, conducted relating to the coal combustion byproducts or their use; All laboratory reports of all chemical characterizations of the coal combustion byproducts; Except as provided in §G of this regulation, a description of how the generator disposed of or used its coal combustion byproducts in the last 5 calendar years, identifying: The types and volume of coal combustion byproducts disposed of or used, the location of disposal, mine reclamation and use sites, and the type and volume of coal combustion byproducts disposed of or used at each site; and The different uses by type and volume of coal combustion byproducts; A description of how the generator intends to dispose of or use its coal combustion byproducts in the next 5 years, identifying: The types and volume of coal combustion byproducts intended to be disposed of or used, the location of intended disposal, mine reclamation and use sites, and the type and volume of coal combustion byproducts intended to be disposed of or used at each site; and The different intended uses by type and volume of coal combustion byproducts. An authorized official of the generator shall sign the annual report provided under §A of this regulation and certify as to the accuracy and completeness of the information contained in the annual report. A generator shall maintain records of the names, addresses, and telephone numbers of the persons to whom the generator sold, transferred, or provided coal combustion byproducts for disposal, storage, use, or recycling; the type and volume of coal combustion byproducts provided to each person; and, if known, how each person disposed of, used, or recycled the coal combustion byproducts. The generator shall maintain all records required by §§A and C of this regulation for a minimum of 5 years and shall make the records available to the Department upon request. If changes in the raw materials or processes used by a generator result in the identification of new chemical constituents in the coal combustion byproducts, the generator shall submit a report to the Department, identifying the new chemical constituents and the change in raw materials or processes that resulted in the creation of the new chemical constituents. Except as otherwise provided by law, the Department may publish on its website or elsewhere, or otherwise make available to the public, any information that it gathers from the annual reports or records provided under this regulation. After a generator has submitted its first annual report, which shall report the information in §A(6) of this regulation for the last 5 calendar years, subsequent annual reports need only provide the information in §A(6) of this regulation for the last calendar year. This regulation applies to generators of coal combustion byproducts. Annual Generator's Fee. Except as provided in §D(5) of this regulation, a generator of coal combustion byproducts shall pay the Department an annual generator's fee. The annual generator's fee shall be determined by the Department on the basis of the total tons of coal combustion byproducts generated by a generator. Fee Payment. The Department shall submit a notice to a generator specifying the annual generator's fee that is due. A generator shall pay the annual generator's fee to the Department within 30 days of the date of the notice sent to a generator by the Department. If a generator fails to pay the annual generator's fee, the Department may deny or act to stop any current or future use, beneficial use, or disposal of coal combustion byproducts generated by the delinquent generator. The Department may take other appropriate action to collect fees and money owed under this regulation from delinquent generators. Annual Generator Fee Schedule. Base Fee. The initial base fee shall be $1.15 for each ton of coal combustion byproducts generated. The base fee may be adjusted by the Department on an annual basis as provided in Environment Article, §§9-283 and 9-284, Annotated Code of Maryland, for the next applicable fiscal year. Base Fee Adjustment Factors. The base fee shall be adjusted depending on how the coal combustion byproducts are managed based on the appropriate adjustment factor in Table 1: Calculation of Fee. The annual generator's fee shall be calculated by adding the results of the following formula for each Management Category in Table 1: Adjustment of Fees. Billing of the annual generator's fee shall be based on the generation of coal combustion byproducts by a generator that occurs on a calendar year schedule beginning on January 1 of each year, and be based on the annual report of a generator for the previous calendar year as required under Regulation .08 of this chapter. Expenditures by the Department shall be calculated on a fiscal year basis, beginning on July 1 and ending on June 30 of the next calendar year. Whenever the combination of unallocated funds remaining in the Coal Combustion Byproducts Management Fund and the projected revenue from the annual generator's fee exceed anticipated expenditures, the annual generator's base fee shall be adjusted so that the combination of unallocated funds and revenue from the annual generator's fee does not exceed the Department's anticipated expenditures. Unallocated funds shall include all funds that are expected to be available for carryover into the next fiscal year after payment of all budgeted items and other anticipated expenses. Exemptions. A generator may not be required to pay the annual generator's fee for the following: Coal combustion byproducts that are generated by a generator generating less than 10,000 tons of coal combustion byproducts per calendar year; Coal combustion byproducts that are used in accordance with applicable regulations in a surface coal mining and reclamation operation, in a deep mine, or in an abandoned coal mine; and Coal combustion byproducts that are used beneficially in the State. The Department shall determine which uses reported by a generator are beneficial uses for the purpose of calculating the annual generator's fee. The Department may request supplemental information from a generator concerning a claimed use of coal combustion byproducts to determine whether a specific claimed use should or should not be exempt from the annual generator's fee, and may investigate and make case-specific determinations concerning beneficial uses and other claimed uses at any time. The Department may inspect and audit all records or files associated with the annual reports required under Regulation .08 of this chapter, and the calculation and payment of the annual generator's fee required under Regulation .09 of this chapter. A generator shall maintain all records associated with the payment of the annual generator's fee for at least 3 years after payment. If an audit reveals any amount of money was improperly withheld from the Department: A generator shall remit that amount to the Department within 30 days of notification of the error by the Department; A generator shall be liable for any expenses incurred by the Department in collecting money owed to the Department; and A generator may be subject to other penalties as provided by law or regulation. Environment Article, §§1-404, 2-301, 9-252, 9-281—9-286, 9-289, 9-302, 9-313, 9-314, 15-503, 15-702, and 15-803, Annotated Code of Maryland; Ch. 480, Acts of 2009 Effective date: December 1, 2008 (35:24 Md. R. 2080) Regulation .03B amended effective October 18, 2010 (37:21 Md. R. 1437) Regulation .09 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588); adopted permanently effective March 8, 2010 (37:5 Md. R 428) Regulation .10 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588); adopted permanently effective March 8, 2010 (37:5 Md. R 428) Except as otherwise provided, this chapter applies to persons engaged in the construction and operation of composting facilities. Facilities that compost only natural wood waste are subject to the requirements in COMAR 26.04.09. Tier 3 composting facilities are subject to the requirements in: COMAR 26.04.06, for facilities composting sewage sludge; or COMAR 26.04.07, for facilities composting solid waste. In addition to the Composting Facility Permit required in Regulation .05B or .06B of this chapter, composting facilities may be subject to permit requirements under: COMAR 26.08.01—.04, relating to State and National Pollutant Discharge Elimination System (NPDES) discharge permits; and COMAR 26.11.02, relating to air quality permits. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “Active composting” means the phase of composting prior to curing. “All-weather pad” means a pad of sufficient construction, firmness, and grading so that composting equipment can manage the process during normal inclement weather, including expected rain, snow, and freezing temperatures. “All-weather road” means a road of sufficient construction and firmness for vehicles and equipment to traverse during normal inclement weather, including expected rain, snow, and freezing temperatures. “Animal mortality” means an animal carcass that is generated: At a farm during the normal course of operations; At another location and managed by State or local government as part of roadway or other maintenance activities; or At a farm or other location and managed under an Emergency Exemption under Regulation .06 of this chapter. “Carbon-rich” means having a carbon-to-nitrogen ratio of at least 60:1. “Compost” means the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland. “Compostable products” means containers, films, or food service items, such as a bowls, plates, cups, or cutlery, composed of materials such as: Vegetable matter; Paper; Cardboard; and Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland. “Composting” means the controlled aerobic biological decomposition of organic waste material. Composting facility. “Composting facility” means a facility where composting takes place. “Composting facility” does not include a facility that is required to obtain: A Natural Wood Waste Recycling Facility Permit under COMAR 26.04.09; A Sewage Sludge Utilization Permit under COMAR 26.04.06; or A Refuse Disposal Permit under COMAR 26.04.07. The exclusions in §B(10)(b) of this regulation apply only to the areas of a site for which one of the listed permits is required. “Composting Facility Operations Plan” (CFOP) means the plan required by Regulation .09 of this chapter. “Composting Facility Permit” means the permit required by Regulations .05 and .06 of this chapter. Contact Water. “Contact water” means liquid, including runoff from precipitation, that has been in contact with feedstocks or active composting material and runs off the feedstock receiving area, feedstock storage area, or active composting area. “Contact water” includes liquid that has passed through or emerged from feedstocks or active composting material and contains soluble, suspended, or miscible materials removed from the piles. “Covered” means covered with: A synthetic, low-permeability cover or tarp designed to prevent precipitation from contacting the covered materials; A roof with either walls or sufficient run-on control measures, such as berms, to prevent run-on from contacting the covered materials; or An alternative approved by the Department. Curing. “Curing” means the phase of the composting process after: Most of the readily metabolized material has been decomposed and stabilized; and The pathogen reduction requirements in Regulation .09 of this chapter have been met. “Curing” includes periods in which the material is managed to increase maturity prior to use or distribution as compost. “Department” means the Maryland Department of the Environment. “Existing composting facility” means a composting facility that began operations on or before July 1, 2015. Farm. “Farm” means the site of a business or activity operated for the primary purpose of tilling, cropping, keeping, pasturing, or producing an agricultural product other than compost, including livestock, poultry, plants, trees, sod, food, feed, or fiber, by in-ground, out-of-ground, container, or other culture. “Farm” does not include the site of a business or activity operated for the primary purpose of producing compost. “Flood plain” means the flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency. “Indoors” means within a structure that is entirely enclosed by walls and has a roof and low-permeability floor constructed of concrete, asphalt, or similar materials. In Support of Composting. “In support of composting” means used to conduct any phase of the composting process, including but not limited to feedstock receiving, feedstock preparation, active composting, curing, compost storage, composting equipment storage or maintenance, or storage of any solid waste or non-compostable materials. “In support of composting” does not include: Areas used to store mobile, general purpose farm equipment such as tractors and backhoes; Areas associated with the housing or movement of animals where manure may accumulate prior to composting; or Roads used for transport to the composting facility or between separate composting areas on a site. Major Permit Modification. “Major permit modification” means a significant and substantive change to an individual Composting Facility Permit. “Major permit modification” includes: A change in the facility tier; A significant increase in facility capacity, throughput, or compost produced per year; A change in ownership of the facility; A significant change to the size of the area used in support of composting; and Any other significant change to the design or operation of the composting facility. “Minor permit modification” means a change to an individual Composting Facility Permit that is not a major permit modification. “Natural wood waste” has the meaning stated in COMAR 26.04.09.02. “New composting facility” means a composting facility that began operations after July 1, 2015. “Organic” means any natural biological substance of plant or animal origin that is capable of microbial degradation. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Physical contaminants” means non-compostable items including non-compostable plastic, glass, rubber, and metal. “Run-on” means any rainwater or other liquid that drains over land onto any part of a composting facility. “Seasonal high water table” means the highest water table as determined in the soil profile by the encountered indications of soil mottling or iron concretions or by measuring seasonal fluctuations of the water table in a water table well over a period acceptable to the Department. Stormwater. “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage. “Stormwater” does not include contact water. “Stabilized compost” is defined in COMAR 15.18.04.01. “Tier 1 Facility” means a composting facility that accepts only Type 1 feedstocks. Tier 2 Facility. “Tier 2 Facility” means a composting facility that accepts Type 2 feedstocks. “Tier 2 Facility” includes a composting facility that accepts Type 1 feedstocks in addition to Type 2 feedstocks. “Tier 2 Facility” does not include a composting facility that accepts Type 3 feedstocks. “Tier 2 Small Facility” means a Tier 2 Facility that produces 10,000 cubic yards or less of compost per year. “Tier 2 Large Facility” means a Tier 2 Facility that produces more than 10,000 cubic yards of compost per year. “Tier 3 Facility” means a facility that accepts any Type 3 feedstocks, regardless of whether other feedstock Types are also accepted. “Type 1 feedstock” means: Yard waste, as defined in Environment Article, §9-1701, Annotated Code of Maryland; and Other materials determined by the Department to pose a low level of risk from hazardous substances, human pathogens, and physical contaminants. “Type 2 feedstock” means: Source-separated organics from residential curbside or drop-off programs and non-residential sources, including but not limited to pre-consumer and post-consumer food scraps and non-recyclable paper; Department-approved animal manure and bedding, with Department approval based on factors such as moisture content and pathogen risk; Department-approved industrially produced food processing materials, including industrial poultry and seafood residuals; Animal mortalities; Manufactured organic materials such as waxed-corrugated cardboard, non-coated paper, and compostable products; and Other materials that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 feedstocks. “Type 3 feedstock” means: Sewage sludge, as defined in COMAR 26.04.06.03; Biosolids, as defined in COMAR 26.04.06.03; Used diapers; Mixed municipal solid waste; and Any other feedstocks that are not Type 1 or Type 2 feedstocks and that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 and Type 2 feedstocks. In this chapter, the following documents are incorporated by reference: 40 CFR §122.26(b)(14), as amended; 40 CFR Part 503, Appendix B, §(B)(1), as amended, except wherever the words “sewage sludge” appear, substitute “materials being composted”; and 40 CFR §503.33(b)(5), as amended, except wherever the words “sewage sludge” appear, substitute “materials being composted”. 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. General Restrictions. A person shall not engage in composting in a manner which will likely: Create a nuisance; Be conducive to insect and rodent infestation or the harborage of animals; Cause nuisance odors or other air pollution in violation of COMAR 26.11.06 or involve construction of a source of air pollution subject to a permit to construct or operation of a source of air pollution subject to a permit to operate unless permitted under COMAR 26.11.02; Cause a discharge of pollutants derived from organic materials or solid waste to waters of this State unless otherwise permitted by the Department; Harm the environment; or Create other hazards to the public health, safety, or comfort as may be determined by the Department. The Department, in exercising its authority under these regulations with respect to granting or renewing permits, reviewing operations of a composting facility, or allowing operation under a general permit, may consider any documentation required under these regulations to evaluate whether any of the conditions described in §B of this regulation is likely to occur or has occurred. A person may not own, construct, or operate a composting facility in this State except in accordance with these regulations. Applicability. This regulation applies to a composting facility that is not located at a farm. Regulation .06 of this chapter establishes the permit requirements for a composting facility located at a farm. Permits Required. Except as provided in §§C—E of this regulation and in Regulation .07 of this chapter, a person: May not cause, suffer, allow, or permit the construction or operation of a composting facility in the State without a permit issued by the Department under this chapter; and Shall construct and operate the composting facility: In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or In accordance with the conditions of the general Composting Facility Permit after the responsible party has: Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and Received a letter of acknowledgment from the Department. Exemptions. A Composting Facility Permit is not required for a composting facility that complies with the general restrictions in Regulation .04B of this chapter and: Is located on a residential property and composts organic materials generated on the residential site, if the resulting compost is used on the residential site for personal, household, or family purposes; Is managed by State or local government and composts animal mortalities as part of roadway or other maintenance activities; or Is a Tier 1 or Tier 2 Facility that: At all times, uses no more than 5,000 square feet of area in support of composting operations; and Except where a smaller pile size is required by local law: Maintains any raw feedstock storage piles at a height of 9 feet or less; and Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less. Tier 3 Facilities. A person may not operate a Tier 3 Facility in the State without a permit issued by the Department under COMAR 26.04.06 or COMAR 26.04.07. A Tier 3 Facility that operates under a permit issued under COMAR 26.04.06 or COMAR 26.04.07 is not required to obtain a Composting Facility Permit issued under this chapter. Composting Facilities Located at Solid Waste Acceptance Facilities. A Tier 1 or Tier 2 composting facility that is located at a solid waste acceptance facility, as defined in COMAR 26.04.07.02, is not required to obtain a Composting Facility Permit if: The composting facility operates under a refuse disposal permit issued under COMAR 26.04.07; and The composting facility’s refuse disposal permit includes design and operational conditions specific to the composting activity. Applicability. This regulation applies to a composting facility located at a farm. Regulation .05 of this chapter establishes the permit requirements for a composting facility that is not located at a farm. 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: May not cause, suffer, allow, or permit the operation of an on-farm composting facility in the State without a permit issued by the Department under this chapter; and Shall construct and operate the composting facility: In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or In accordance with the conditions of the general Composting Facility Permit after the responsible party has: Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and Received a letter of acknowledgment from the Department. A Composting Facility Permit is not required for an on-farm composting facility, regardless of its size, if: The composting facility complies with the general restrictions in Regulation .04B of this chapter; The composting facility composts only organic materials generated on site or at another farm controlled by the same operator; and The compost is used for personal, household, family, or agricultural purposes at the farm where the composting facility is located or at a farm controlled by the same operator. A Composting Facility Permit is not required for an on-farm composting facility that uses no more than 40,000 square feet of area in support of composting operations if the composting facility: Complies with the general restrictions in Regulation .04B of this chapter; By no later than January 1, 2017 for an existing composting facility, or before commencement of operations for a new composting facility, is constructed and operated in accordance with: A nutrient management plan, if required under COMAR 15.20.07; and Either: A soil conservation and water quality plan that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures to ensure that the requirements of Regulation .04B of this chapter are met; or An agricultural waste management system plan that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures to ensure that the requirements of Regulation .04B of this chapter are met; and Composts only one or more of the following: Organic materials generated on site or at another farm controlled by the same operator; Animal manure and bedding, regardless of the place of generation; and Type 1 feedstocks, regardless of the place of generation. A Composting Facility Permit is not required for an on-farm composting facility that uses no more than 5,000 square feet of area in support of composting operations if the composting facility: Is a Tier 1 or Tier 2 facility; Complies with the general restrictions in Regulation .04B of this chapter; and Except where a smaller pile size is required by local law: Maintains any raw feedstock storage piles at a height of 9 feet or less; and Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less. Emergency Exemption for Composting of Animal Mortalities. A Composting Facility Permit is not required for an on-farm composting facility that: Complies with the general restrictions in Regulation .04B of this chapter; Temporarily composts animal mortalities generated as a result of a non-routine, catastrophic die off; and Operates under the approval of and as directed by Maryland Department of Agriculture, in consultation with the Department. Tier 3 Facilities. A person may not construct or operate a Tier 3 Facility in the State without a permit issued by the Department under COMAR 26.04.06 or COMAR 26.04.07. A Tier 3 Facility that operates under a permit issued under COMAR 26.04.06 or COMAR 26.04.07 is not required to obtain a Composting Facility Permit issued under this chapter. This regulation applies to composting facilities that began operations on or before July 1, 2015. 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. The Existing Facility Notification required under §B of this regulation shall be submitted on a form provided by the Department and shall include at least: The name and location of the composting facility; Days and hours of operation; The name and contact information of the composting facility operator and the name of each operator certified by the Department of Agriculture under COMAR 15.18.04; A brief description of the feedstocks currently accepted and their sources; An estimate of the quantity of feedstocks accepted annually and the quantity of compost produced annually, in cubic yards; The area, in square feet, that is used in support of composting operations; and Whether the compost is distributed off site. An existing composting facility that has submitted a complete and timely Existing Facility Notification as required under §B of this regulation is not subject to the requirements in Regulations .05, .06 and .08—.16 of this chapter until January 1, 2017, if the following conditions are met: The composting facility accepts only feedstocks that it accepted as of July 1, 2015 and that were described in the Existing Facility Notification, except that the sources of feedstocks may change if the nature and type of the material is substantially the same; The composting facility accepts materials in quantities not exceeding the annual quantity reported in the Existing Facility Notification; and The composting facility does not engage in composting in a manner likely to cause any of the prohibited acts listed in Regulation .04B of this chapter. Nothing in this regulation shall be construed to prohibit the Department from enforcing any other law, regulation, or permit applicable to the existing composting facility. 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. Siting Criteria. Except where a greater setback is required by local, State, or federal law or regulations, feedstock receipt, feedstock storage, active composting, curing, and compost storage areas of a composting facility may not be located closer than: 50 feet to the property line of a property not owned or controlled by the operator of the composting facility; 300 feet to a dwelling not owned or operated by the operator of the composting facility; 100 feet to a domestic well; and 100 feet to a stream, lake, or other body of water except an impoundment for use in the composting process. A composting facility shall be located in accordance with all applicable federal laws, regulations, or guidance related to the location of composting facilities at or near airports. A composting facility may not be located in a flood plain, except as otherwise approved by the Department. A composting facility shall be located and constructed in accordance with COMAR 26.23 and COMAR 26.24, relating to nontidal and tidal wetlands, respectively. A composting facility may not be located in conflict with the Chesapeake Bay Critical Area Commission Criteria under COMAR 27.01 or any locally adopted Critical Area Plan. Basic Design Criteria. As required by Regulation .09 of this chapter, the CFOP shall clearly define: The locations at the composting facility to be used for feedstock receiving and storage, active composting, curing, and compost storage; and The maximum throughput and capacity of the composting facility. No material shall be stored in excess of the capacity specified in the CFOP. The composting facility shall be of sufficient size to allow processing of materials as necessary to avoid nuisance conditions and shall have adequate space for material stockpiles, windrows, or piles of manageable dimensions for maintaining aerobic conditions, curing piles, staging of finished compost, and equipment. The maximum windrow or pile size and minimum windrow or pile spacing shall match the capability and requirements of the equipment used at the composting facility. Access to the composting facility shall be limited to authorized entrances, which shall be secured from public access when the composting facility is not in operation. The composting facility shall have a sign at its entrance that lists: The name and address of the composting facility; Days and hours of operation; and Emergency contact information. The composting facility shall have all-weather access roads. Structures such as berms or ditches shall be used to prevent run-on to the feedstock receiving, feedstock storage, active composting, curing, and compost storage areas. Distance to Groundwater. The composting facility shall be constructed and located to comply with the following minimum vertical distances between the seasonal high water table and any surfaces used for feedstock receiving, feedstock storage, active composting, curing, or compost storage: For a composting facility located outside the coastal plain province, as shown in COMAR 26.04.02.13, the minimum distance shall be 4 feet; and For a composting facility located within the coastal plain province, as shown in COMAR 26.04.02.13, the minimum distance shall be as follows: For a composting facility located in an area with an applicable groundwater protection report approved by the county health department under COMAR 26.04.02.04, the minimum distance shall be the distance specified in the report as the minimum soil treatment zone for an on-site sewage disposal system; For a composting facility located in an area where no approved groundwater protection report applies, the minimum distance shall be 4 feet; For a composting facility that will operate under the general Composting Facility Permit, the minimum distance shall be the distance specified in the general permit; The Department may set another distance if necessary to adequately protect groundwater, as determined by the Department and based on factors such as whether the composting facility is located in a wellhead protection area, the permeability of the buffer zone between the surface and groundwater, the proportion of rock in the buffer zone, whether the composting facility is located near a sole source aquifer, and any other relevant hydrogeologic factors; and Notwithstanding §D(1)(b)(i)—(iv) of this regulation, the minimum distance shall in no case be less than 2 feet. The Department may specify the method to be used for determining the distance to the seasonal high water table. The Department may exempt an indoor composting facility from the requirement for distance to the seasonal high water table in §D(1) of this regulation. Pad Requirements. Slope of surfaces. All surfaces used for feedstock receiving, feedstock storage, active composting, curing, and compost storage shall be sloped between 1 and 6 percent, as determined by site conditions and as sufficient to prevent ponding, except for areas located indoors, which shall have slope sufficient to prevent ponding and facilitate cleaning. Pad Requirements for Tier 1 Facilities. For Tier 1 Facilities, the surfaces used for feedstock receiving, feedstock storage, active composting, curing, and compost storage shall be composed of an all-weather pad. Pad Requirements for Tier 2 Small Facilities. For Tier 2 Small Facilities, the surfaces used for feedstock receiving, feedstock storage, curing, and compost storage shall be composed of an all-weather pad. Surfaces used for active composting shall be composed of: An all-weather pad with a 6-inch layer of carbon-rich substrate such as wood chips placed beneath each active composting pile or windrow, above the all-weather pad; or A low-permeability pad constructed in accordance with the requirements for Tier 2 Large Facilities in §E(4)(b) of this regulation, if the requirements for management of contact water in §F(2) or F(3) of this regulation are also met. The 6-inch layer of carbon-rich substrate required under §E(3)(b)(i) of this regulation shall be placed under an active composting pile or windrow at the time it is initially formed, but the layer is not required to be replaced each time the pile is turned or consolidated. Pad Requirements for Tier 2 Large Facilities. For Tier 2 Large Facilities, surfaces used for curing and compost storage shall be composed of an all-weather pad. Surfaces used for feedstock receipt, feedstock storage, and active composting shall be constructed of a low-permeability pad that meets the following requirements: A pad constructed on the surface of the ground shall have a hydraulic conductivity of 1 x 10-5 cm/sec or less; A pad that is buried shall have a hydraulic conductivity of 1 x 10-6 cm/sec or less; A pad made of asphalt concrete or Portland cement concrete shall be designed to minimize the potential for cracking and allow equipment to operate without damage; and A pad made of compacted clay shall have a minimum thickness of 1 foot and shall be protected from desiccation and installed in a manner such that the integrity of the pad will not be impaired by the operation of heavy equipment used on the pad. For Tier 2 Large Facilities in which the active composting piles are covered, the active composting area required to have a low-permeability pad under §E(4)(b) of this regulation is limited to the area directly underneath each covered pile and does not include the aisles between the covered piles. Design Requirements for Management of Stormwater and Contact Water. The composting facility shall be designed to manage any stormwater discharges associated with industrial activity, as defined in 40 CFR §122.26(b)(14), in accordance with: The NPDES permit issued by the Department; State and local stormwater requirements; and State and local erosion and sediment control requirements. Uncovered Tier 2 Large Facilities. This subsection applies to Tier 2 Large Facilities in which the active composting piles are not covered. The feedstock receiving, feedstock storage, and active composting areas shall direct contact water to a collection basin, tank, or other containment system before: Reuse on feedstock storage or active composting piles in accordance with the CFOP and in a manner that prevents contamination of materials that have met the pathogen reduction requirements in Regulation .09B(10) of this chapter; Transport off site for treatment at a permitted facility; or Discharge under COMAR 26.08.01—.04. The collection basin, tank, or other containment system used to collect contact water shall: Be sized to handle at least a 24-hour, 25-year storm event; For a basin, have a synthetic or compacted clay liner with a hydraulic conductivity of 1 x 10-7 cm/sec or less; For a liner constructed of compacted clay, have a thickness of at least 1 foot; and For a tank or other containment system, be constructed of impermeable material. Covered Tier 2 Large Facilities. This subsection applies to Tier 2 Large Facilities in which active composting piles are covered. The following are considered contact water at Covered Tier 2 Large Facilities and shall be collected and contained in accordance with the requirements of §F(3)(d) of this regulation: Liquid that drains from the bottom of a covered pile; and Runoff from any uncovered feedstock receipt or feedstock storage areas. The following are not considered contact water at Covered Tier 2 Large Facilities and are not subject to the collection and containment requirements of §F(3)(d) of this regulation: Runoff from active composting areas that has contacted only covered piles, roofs, or empty aisles; and Runoff from any feedstock receipt and feedstock storage areas covered by a roof, if the runoff has contacted only the roof or empty aisles. Contact water from Covered Tier 2 Large Facilities shall be collected and contained in a collection basin, tank, or other containment system before: Reuse on feedstock storage or active composting piles in accordance with the CFOP and in a manner that prevents contamination of materials that have met the pathogen reduction requirements in Regulation .09B(10) of this chapter; Transport off site for treatment at a permitted facility; or Discharge under to COMAR 26.08.01—.04. A collection basin, tank, or other containment system used to collect contact water shall: Be sized to contain all contact water generated by the composting facility; For a basin, have a synthetic or compacted clay liner with a hydraulic conductivity of 1 x 10-7 cm/sec or less; For a liner constructed of compacted clay, have a thickness of at least 1 foot; and For a tank or other containment system, be constructed of impermeable material. Monitoring Wells. The Department may require a composting facility to install monitoring wells and conduct groundwater monitoring if: The composting facility is located in karst terrain; The composting facility is located in a wellhead protection area; or The Department otherwise considers monitoring necessary to adequately protect groundwater because of the particular characteristics of the site. This regulation: Applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter, and Establishes requirements that the composting facility operator shall meet in operating a composting facility. Basic Operating Requirements. Composting Facility Operations Plan (CFOP). A composting facility shall have and follow a Department-approved CFOP that contains: A description of the operational procedures for the composting facility in order to comply with the requirements of this chapter; A description of the methods, equipment, and feedstocks to be used; A description of the movement of materials throughout the composting process, including a description of the locations to be used at the composting facility for receipt, active composting, curing, and storage phases. A maximum capacity and annual throughput for the composting facility; A plan to prevent creation of nuisances, including nuisance odors and litter, and to respond to complaints; A plan to prevent harborage and infestation of vectors; A description of methods used to control contact water and stormwater; An emergency preparedness plan for responding to and minimizing the occurrence of fires and releases; A plan and procedure for monitoring temperature of each windrow or pile, including a procedure for demonstrating that the pathogen reduction requirements of §B(10) of this regulation are met; A plan and procedure for monitoring moisture during composting; A plan for periodic inspection of the site by the facility operator or personnel, including inspection of the pad and any stormwater and contact water control measures; A plan for periodic cleaning and maintenance; A description of the methods for handling unacceptable wastes delivered to the composting facility, including how they shall be identified, segregated, and handled before recycling or final disposal; Employee safety training requirements; A description of procedures for recording and reporting incidents of noncompliance with this chapter; Methods used to prevent mud, soil, and debris from the composting facility from entering public roadways and a procedure for cleaning roads if necessary; A plan for disposal of product that does not meet quality or regulatory standards; For Tier 2 Facilities, a plan for determining whether the product is stable, meets the pathogen reduction requirements of §B(10) of this regulation, and is suitable for placement in the curing or compost storage area; and A listing of the composting facility personnel that hold a composting operator certification issued by the Department of Agriculture under COMAR 15.18.04.03. The composting facility operator shall review the CFOP internally at least once per year and update the CFOP when there is a change in Certified Operators, procedures, or feedstocks. The composting facility operator shall ensure that a copy of the CFOP is available on site and shall make the CFOP available to the Department upon request. The composting facility operator shall complete and document training in the basics of composting facility operations in accordance with COMAR 15.18.04.03. The composting facility shall be maintained in a clean and sanitary condition, free of unsecured trash and non-compostable materials at the end of each operating day. The composting facility operator shall ensure that a copy of the current Composting Facility Permit is on site at all times. The composting facility, including the feedstock receipt, feedstock storage, active composting, curing, and compost storage areas, shall be maintained and repaired as needed. The composting facility operator shall ensure that the composting facility is in compliance with all local rules, regulations, and ordinances. Feedstocks shall be managed in a timeframe that prevents nuisance odors, unauthorized discharge of contact water, fire, and scavenging by vectors. Compost may not be stored on site longer than 12 months, unless approved by the Department on a case-specific basis and addressed in the CFOP. Non-compostable waste shall be removed or stored in a waste container or containment area, and then disposed at a permitted solid waste facility or recycled: Within the timeframe provided in the approved CFOP; As required by local regulating authority; and Whenever the container is full. Pathogen Reduction and Vector Attraction Reduction. The material being composted shall undergo the composting Process to Further Reduce Pathogens under 40 CFR Part 503, Appendix B, §(B)(1); and A Tier 2 facility shall implement a method to control vector attraction, including: The Vector Attraction Reduction method in 40 CFR §503.33(b)(5); or An alternative method specified in the CFOP, which may include a time and temperature combination or other management control. Any stormwater discharges associated with industrial activity, as defined in 40 CFR §122.26(b)(14), shall be managed in accordance with: A NPDES permit issued by the Department; State and local stormwater requirements; and State and local erosion and sediment control requirements. Additional Operating Requirements for Tier 2 Small Facilities. Type 2 feedstocks with free liquid shall be promptly mixed with drier feedstocks, bulking material, or compost so that the liquid is absorbed and not allowed to flow from the compost piles or windrows. By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with carbon-rich bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors. Except for covered piles, a 6-inch layer of compost or carbon-rich material shall be placed over active composting piles by the end of the operating day on which they are formed and again after each time the piles are turned. Additional Operating Requirements for Tier 2 Large Facilities. Any Type 2 feedstocks with free liquid shall be mixed with drier feedstocks, bulking material, or compost so that the liquid is promptly absorbed and not allowed to flow from the compost piles or windrows. Free liquid that is not absorbed by drier feedstocks is contact water and shall be directed to a containment system and managed in accordance with §D(4) of this regulation. By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors. Contact water shall be collected and contained in a collection basin, tank, or other containment system designed in accordance with Regulation .08F of this chapter before: Reuse on feedstock storage or active composting piles in accordance with the CFOP and in a manner that prevents contamination of materials that have met the pathogen reduction requirements of §B(10) of this regulation; Transport off site for treatment at a permitted facility; or Discharge under COMAR 26.08.01—.04. Requirements for Application. An applicant for an individual Composting Facility Permit shall submit a permit application on a form provided by the Department. 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 discharges if required. The application for an individual Composting Facility Permit shall include: The name and address of the applicant; The applicant’s Social Security Number, if the applicant is an individual, or the applicant’s federal tax identification number, if the applicant is not an individual; A description of the composting facility for which the permit is requested, including an explanation of how the requirements of this chapter shall be met; A listing of all other applicable permits required under local, State, or federal law and regulations, including permit numbers for those currently held; A marketing plan and strategy for the compost produced at the composting facility; Copies of plans and engineering reports as described in §B of this regulation; and A description of any variances for which the applicant is applying at the time of application, in accordance with Regulation .14 of this chapter. Engineering Plans and Specifications. The applicant shall submit engineering plans and specifications for the composting facility to the Department as part of the application. The information contained in these plans and specifications shall include: A map showing the specific location of the composting facility and types of land uses, including any residential areas, schools, or other institutions located within 1/2 mile of the boundaries of the composting facility; Drawings of on-site buildings and other composting facility structures, including any pads and contact water or stormwater containment systems, showing the type of construction, layout, and dimensions; For facilities with any outdoor operations, including feedstock receipt or curing, a topographic map of the site that identifies slopes greater than 25 percent, floodplains, wetlands, streams, and aquifer recharge areas; Drawings showing feedstock receipt and storage, compost storage, equipment storage, curing, and active composting areas; A site plan designating the property boundaries, existing and proposed composting facility structures, and roads; A descriptive statement of processes and technology to be used; The distance to the seasonal high water table, demonstrating compliance with Regulation .08D of this chapter; A description of the following: Major items of equipment including manufacturer, type, model, capacity, and number of units; Types and anticipated quantities of feedstocks to be accepted and processed daily; Types of feedstocks that are not accepted; Means by which the quantities of materials entering the composting facility, processed at the composting facility, and leaving the composting facility are determined; Geographic areas expected to be served by the composting facility; Measures that shall be taken to prevent or control ground or surface water pollution, fires, odors, noise, dust, litter, vectors, and other nuisances; Methods of controlling contact water and stormwater from the composting facility; Soil types and depths at the composting facility site; Employee safety and sanitary facilities including the location of on-site sewage disposal and water supply systems; Number and positions of employees; and Hours of operation; A copy of the CFOP required under Regulation .09 of this chapter; If required, an erosion and sediment control plan that meets the requirements of COMAR 26.17.01 and has been approved by the local soil conservation district or appropriate approving authority; A grading permit as required by the local jurisdiction; A description of site security and access control; and An approved and bonded stormwater management plan, if required by the local jurisdiction. Term of License. A Composting Facility Permit shall be issued for a term of 5 years. The Department shall distribute the applications submitted to the: Governing body, the county executive, or both, of a county or municipality in which the activity is proposed; Local operating agency responsible for solid waste and recycling management; Local health or environmental official; Department of Natural Resources; Appropriate soil conservation district; U.S. Army Corps of Engineers; State Highway Administration; State Fire Marshal’s Office; and Local fire marshal. The Department shall invite each person receiving a copy of the application under §D of this regulation to: Inspect the site that is the subject of the application during a joint inspection scheduled by the Department; and Submit comments to the Department within 30 calendar days of receipt of the application and supporting information. Public Notice. Upon an applicant’s submission of a completed application for an individual Composting Facility Permit, the Department shall publish a notice of the application on the Department’s website, including: A statement of the location of the proposed facility and the type and quantity of feedstocks intended to be composted; A statement that the Department shall allow 30 calendar days for public comment on the application before issuance of the permit; The procedure and deadline for submitting comments on the application; and Any other information related to the application that the Department considers relevant. The Department shall publish notice of issuance of an individual Composting Facility Permit on the Department’s website. Contested Case Hearing. The applicant shall have an opportunity for a hearing on a denial of an individual Composting Facility Permit or any condition of an individual Composting Facility Permit, if the applicant files a written request with the Department within 10 calendar days of receipt of the notice of denial or issuance of the permit with conditions. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Permit Modification. The Department may modify an individual Composting Facility Permit upon request by the permittee if all the following conditions are met: The permittee is in compliance with this chapter and all the conditions of the permit; The permittee submits to the Department a modification application, on a form provided by the Department, including: A description of the proposed modification and an explanation of why the modification is needed; A revised version of any documentation listed in §B of this regulation that will change as a result of the modification, including a revised CFOP incorporating the proposed modifications; and Any other information requested by the Department to evaluate the proposed modification; and The Department determines that the proposed modification is in compliance with this chapter and does not adversely affect the environment or public health. An application for a major permit modification shall be subject to the notice and comment opportunities provided in §§D—F of this regulation, except that only provisions of the permit subject to modification shall be open for comment. An application for a minor permit modification is not subject to the notice and comment opportunities provided in §§D—F of this regulation. Eligibility for the General Composting Facility Permit. 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: Either: 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 under §§B—D of this regulation not later than January 1, 2017 and receives an acknowledgement from the Department under §G of this regulation; or The operator of a new composting facility submits the documentation required under §§B—D of this regulation and receives an acknowledgement from the Department under §G of this regulation before beginning operations; and The composting facility is in compliance with: The terms of the general permit; and All requirements of this chapter, without variances. If an existing composting facility has not filed a complete and timely Existing Facility Notification under Regulation .07 of this chapter, a person may not operate the existing composting facility under the general Composting Facility Permit until the operator submits the documentation required under §§B—D of this regulation and receives an acknowledgement from the Department under §G of this regulation. A proposed Tier 1 or 2 Facility that requests a variance from the requirements in this chapter or that would not comply with the terms of the general permit shall apply for an individual Composting Facility Permit under Regulation .10 of this chapter. A person intending to construct or operate a composting facility under the general permit shall submit to the Department: A Notice of Intent (NOI); and A copy of the CFOP required by Regulation .09 of this chapter. The NOI shall be signed by a responsible party and shall be sent by certified mail. A person signing an NOI shall certify that the composting facility will operate in compliance with the conditions of the general permit. Becoming a permittee under the general permit obligates the person to comply with the terms and conditions of the general permit. Duration of the Permit. The general Composting Facility Permit shall have a term of 5 years and may be reissued with or without changes at the discretion of the Department. Dates of Coverage Under the Permit. Authorization to operate a composting facility under the general Composting Facility Permit is effective on the date the Department acknowledges receipt of a complete NOI and a complete CFOP. Authorization under the general Composting Facility Permit ends when the earliest of the following events occurs: The permit term expires, unless the permittee submits to the Department a request for continuing coverage under §G(3) of this regulation at least 60 calendar days before the permit expires; The permittee permanently ceases operations after notifying the Department under §G(4) of this regulation; A change in ownership or control of the composting facility occurs; or The Department provides written notice to a permittee of suspension or revocation of the permittee’s coverage under the general Composting Facility Permit, in accordance with Regulation .16A of this chapter. Request for Continuing Coverage. The request for continuing coverage under §G(2)(a) of this regulation may be fulfilled by submission of a renewal NOI and current CFOP. Once a request for continuing coverage has been filed, an expired general permit continues in force and effect until the general permit is reissued and any deadline for opportunity to register under the new permit is reached or the general permit is revoked or withdrawn. A permittee who intends to permanently cease operations shall notify the Department of the permittee’s intent to do so and shall comply with the requirements in Regulation .13 of this chapter related to composting facility closure. General Permit—Public Notice, Public Meeting and Issuance. Before issuance or reissuance of the general Composting Facility Permit, the Department shall prepare a draft permit. The Department shall publish a notice of the draft permit prepared under §H(1) of this regulation on the Department’s website, and include in the notice: A copy of the draft permit; A statement that the Department shall allow a minimum of 30 calendar days for public comment on the draft permit before the issuance or reissuance of the permit; and The procedure and deadline for submitting comments on the draft permit. The Department shall schedule a public meeting on the draft general Composting Facility Permit when a written request is made within 20 calendar days of the publication of the notice of draft permit. The Department may, at its discretion, hold a public meeting on a draft general Composting Facility Permit if no request for a public meeting is received. A public meeting may be cancelled if all persons who made timely written request for the meeting withdraw their requests. If a public meeting is scheduled, the Department shall: Publish a notice of the public meeting on the Department’s website a minimum of 30 calendar days prior to the meeting; and Include in the notice: The draft permit; and The date, time, and location of the meeting. The Department shall: Provide an opportunity at the public meeting for comments concerning the issuance of a general permit; and Accept written comments on the proposal to issue a general permit for at least 5 calendar days after a public meeting. The Department shall publish notice of issuance or reissuance of the general Composting Facility Permit on the Department’s website. Transfer of Ownership. Participation in the general permit: Is not transferable; and Authorizes only the signatory party to operate the permitted facility. If there is a change in control or ownership of the property not caused by death of the permittee, the permittee shall: Notify the succeeding owner by certified mail of: The existence of the permit; and Any outstanding permit noncompliance; and Make the notification required by §I(2)(a) of this regulation a minimum of 60 calendar days before the change in control or ownership; and The permittee shall provide the Department with a copy of the notification required in §I(2) of this regulation at the same time that the notification is provided to the succeeding owner. Submission of Revised NOI. A permittee that is authorized under the general Composting Facility Permit shall submit a revised NOI a minimum of 60 calendar days before either of the following changes occurs: A permitted Tier 1 Facility becomes a Tier 2 Facility by beginning to accept Type 2 feedstocks; or A permitted Tier 2 Small Facility becomes a Tier 2 Large Facility by increasing production to greater than 10,000 cubic yards of compost per year. The permittee shall submit with the revised NOI an updated CFOP required by Regulation .09B(1) of this chapter incorporating any proposed operational changes to be made in association with one of the events listed in §J(1) of this regulation. Upon submission of a revised NOI under §J(1) of this regulation, the permittee shall comply with all requirements of this chapter and of the general Composting Facility Permit applicable to the new facility tier. Contested Case Hearing. An applicant shall have the opportunity for a hearing on a denial of authorization to operate under the general Composting Facility Permit, if the applicant files a written request with the Department within 10 calendar days of receipt of a notice of denial. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. This regulation applies to composting facilities required to obtain a Composting Facility Permit. Measurement for Recordkeeping and Reporting. For the purpose of the composting facility records required in §C of this regulation, quantities may be measured in either volume or weight. For the purpose of the annual report required in §D of this regulation, quantities shall be reported by: Weight, for Tier 1 Facilities; and Both weight and volume, for Tier 2 Facilities. For the purpose of the annual report required in §D of this regulation, a facility may calculate approximate weight or volume using a method for converting volume to weight or weight to volume that is described in its annual report and is reasonably accurate, as determined by the Department. Beginning on the date a composting facility is issued an individual Composting Facility Permit or begins operating under the general Composting Facility Permit, the composting facility shall keep records for a minimum of 5 years from the date of each record, in a form suitable for submission to or inspection by the Department, including: Source, type, and quantity of feedstocks received, including the county in which each quantity was generated; Quantity and type of feedstocks processed into compost; Quantity and classification of compost produced using the product classifications specified by the Department of Agriculture in COMAR 15.18.04.05; Quantity and classification of compost distributed; Quantity of residues produced and removed from the composting facility; The results of any analytical testing required by the Department of Agriculture under COMAR 15.18.04.04—.05 and .11; Results of temperature monitoring that demonstrate compliance with the pathogen reduction requirements in Regulation .09B(10) of this chapter; and Results of moisture monitoring conducted in accordance with the CFOP required by Regulation .09B(1) of this chapter. Annual Report. A composting facility shall submit an annual report on a form provided by the Department. The composting facility shall submit the annual report by January 31 of each year for the preceding calendar year’s data. The composting facility shall submit all required data on the form provided by the Department, and shall include, at a minimum, the following: Quantity and type of feedstocks received during the preceding calendar year, indicating the county in which each quantity of material was generated; Quantities of compost and residues produced by composting during the preceding calendar year; and Quantities of compost and residues removed from the composting facility during the preceding calendar year. Annual Submission of the CFOP. A composting facility shall submit to the Department a current version of the CFOP, updated in accordance with Regulation .09B(1)(b) of this chapter, by January 31 of each year with the annual report required in §D of this regulation. The Department may impose other recordkeeping and reporting requirements considered necessary. 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. Notice of final closure required under §A of this regulation shall include: The date of final feedstock receipt; and A site closure plan that provides for: Management of all feedstock and active, curing, and finished compost and compost-blended products remaining on site; Treatment or removal of contact water stored in containment structures or ponds; Removal of compost within 12 months from the time it is finished; and Removal of all other materials on site, including any solid wastes or feedstocks that are not being composted, within 12 months of receipt of the final load of feedstocks, unless the material is being used as part of site closure as described in the site closure plan. A composting facility, other than one operated on a seasonal basis only, as specified in the CFOP, that does not receive material for 270 calendar days shall be deemed abandoned in violation of this regulation unless properly closed, and its permit shall be suspended. 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. 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 environment of the State, prevent nuisances, and control air, water, and land pollution to at least the same extent as would be obtained by compliance with these regulations. A person requesting a variance shall submit the information required by the Department, including: The nature and location of the composting facility; The reasons the variance is requested, including the economic, technological, or environmental justification; and Other relevant information the Department may require in order to make a determination regarding the requested variance. The Department shall make a determination, in writing, to either grant or deny the requested variance. If the variance request is denied, the Department shall inform the applicant in writing of the basis for the denial and the procedures for appeal of the determination. Contested Case Hearing. An applicant shall have the opportunity for a hearing on a denial of a variance, if the applicant for the variance files a written request with the Department within 10 calendar days of receipt of the notice of denial. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The variance shall become effective when: The Department has issued a written determination granting the requested variance; The composting facility for which the variance is requested has been issued an individual Composting Facility Permit; and The composting facility for which the variance is requested has obtained any other permits or approvals required by State, local, or federal law or regulation. A person operating under or proposing to operate under the general Composting Facility Permit of Regulation .11 of this chapter may not obtain a variance. The Department may rescind a variance if it finds that the facility has violated any of the general restrictions listed in Regulation .04B of this chapter as a result of operating according to the variance or for other good cause. 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. Activities Eligible for Approval. To be eligible for pilot or research approval the project must be temporary and serve a pilot or research purpose, including to: Plan for or assess the feasibility of establishing a Tier 2 Facility by accepting limited quantities of Type 2 feedstocks at a permitted Tier 1 Facility; Perform academic research or conduct testing related to composting; Address a one-time, seasonal, or temporary need for processing a specific material that the composting facility is not currently authorized to accept; or Further any other valid pilot or research purpose, as determined by the Department. Request for Approval. A request for approval for a pilot or research project may be made at the time of application for the Composting Facility Permit or at any time during the term of the permit. A person requesting pilot or research project approval shall submit the information required by the Department, including: A description of the activity to be conducted, including the types and quantities of feedstocks to be used; A statement identifying the provisions of this chapter, the Composting Facility Permit, or the CFOP from which the activity would require deviation; The purpose of the proposed pilot or research project; and The proposed length of time needed to conduct the activity. The Department shall make a determination, in writing, to either grant or deny the requested approval. If the request is denied, the Department shall inform the applicant in writing of the basis for the denial and the procedures for appeal of the determination. The Department may issue approval with conditions, including, but not limited, to additional monitoring, recordkeeping, and reporting requirements. Contested Case Hearing. An applicant shall have an opportunity for a hearing on a denial of approval or any condition of approval, if the applicant files a written request with the Department within 10 calendar days of receipt of the notice of denial or approval with conditions. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Duration of Approval. Approval for pilot or research activities shall be limited in duration, as specified in the approval issued by the Department, with a maximum duration of 1 year. The permittee may apply for extension of an approval for subsequent periods with a maximum duration of 1 year each. The approval shall become effective when: The Department has issued a written determination granting the request for approval; The composting facility for which the approval is requested has been issued a Composting Facility Permit or is covered under the general Composting Facility Permit; and The composting facility for which the approval is requested has obtained any other permits or approvals required by State, local, or federal law. Effect of Approval. The approval operates as a temporary variance from only those provisions of this chapter, the general or individual Composting Facility Permit, or the CFOP that are specified in the approval. The temporary variance does not affect the application of other local, State and federal laws. The approval does not otherwise change the effect or term of the Composting Facility Permit. The Department may rescind the approval if it finds that the composting facility has violated any of the general restrictions listed in Regulation .04B of this chapter or for other good cause. Suspension or Revocation of Permits. 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: False or inaccurate information was contained in: The Composting Facility Permit application or NOI to operate under the general Composting Facility Permit; The information and forms, including the CFOP, required as part of the Composting Facility Permit application or NOI to operate under the general Composting Facility Permit; or Information required to be submitted to the Department under this chapter or the Composting Facility Permit; As part of a regulated activity by a permittee, there is or has been a violation of: The Environment Article, Annotated Code of Maryland; Applicable requirements of this chapter; Any condition of the Composting Facility Permit; Any condition of a State or NPDES discharge permit issued under COMAR 26.08.02.09 or COMAR 26.08.04; or Any condition of an air quality permit issued under COMAR 26.11.02. Substantial deviation from approved plans, specifications, or requirements, including the CFOP, has occurred, as determined by the Department; The Department or an authorized representative of the Department has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Composting Facility Permit; Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; The permittee has been negligent or incompetent in operating the composting facility; or Any other good cause exists for suspending, revoking, or modifying the Composting Facility permit or authorization under the general Composting Facility Permit. Immediate Suspension or Revocation. Notwithstanding other provisions of this chapter or the terms and conditions of the Composting Facility Permit, the Department may immediately suspend or revoke a Composting Facility Permit or authorization to operate under the general Composting Facility Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare. The Department shall deliver written notice of an immediate suspension or revocation of a Composting Facility Permit or authorization to operate under the general Composting Facility Permit to the permittee, which: Informs the permittee of the emergency suspension or revocation; Cites the regulations with which the permittee has failed to comply that are the basis for suspension or revocation; Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and Notifies the permittee of the right to request a hearing. The filing of a hearing request does not stay the revocation or suspension. An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms and conditions of the Composting Facility Permit. Reinstatement of Suspended Permits or Authorization to Operate Under the General Permit. A person whose Composting Facility Permit or authorization to operate under the general Composting Facility Permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit or authorization to operate under the general permit. Following receipt of a written request, including a statement signed by the permittee that the deficiencies which caused suspension have been corrected, the Department may make a reinspection. If the permittee is complying with the requirements of the permit and these regulations, the Department may reinstate the permit or authorization to operate under the general permit. Inspections. General. The Department may inspect the composting facilities permitted under this chapter, and may make as many additional inspections and reinspections as are necessary for the enforcement of these regulations. Right of Entry. A composting facility shall allow an agent of the Department, after presenting proper identification and during normal operating hours of the composting facility, to enter the buildings, structures, and premises owned by a person supplying composting services, and to enter private property for the purpose of collecting samples, records, and information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are being obeyed. Environment Article, §9-1725, Annotated Code of Maryland Effective date: June 22, 2015 (42:12 Md. R. 763) Environment Article, §9-217.2, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective August 24, 2022 (49:20 Md. R. 910); emergency provision extended to August 20, 2023 (50:7 Md. R. 297) Regulations .01—.07 adopted effective August 21, 2023 (50:16 Md. R. 728) Regulations .01 — .07 repealed as an emergency provision effective November 25, 2025 (52:26 Md. R. 1306) The purpose of this chapter is to establish certain requirements pertaining to the diversion of food residuals from final disposal in a refuse disposal system pursuant to Environment Article, §9-1724.1, Annotated Code of Maryland, including: Clarifying the types of entities and individuals that meet the definition of “person”, for the purpose of complying with the food residuals diversion requirements; Clarifying the types of materials that meet the definition of “food residuals”; For a person required to divert food residuals from final disposal in a refuse disposal system, establishing: The methods for determining the weight of food residuals generated by the person; A schedule for complying with the food residuals diversion requirements; The documentation to be maintained by a person required to divert food residuals from final disposal in a refuse disposal system; and A requirement to submit a certain report annually to counties; and Establishing application and approval procedures for waivers issued to persons otherwise required to divert food residuals from final disposal in a refuse disposal system. In this chapter, the following terms have the meanings indicated. Terms Defined. “Anaerobic digestion” means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate. “Animal mortality” means an animal carcass that is generated: At a farm during the normal course of operations; At another location and managed by State or local government as part of roadway or other maintenance activities; or At a farm or other location and managed under an emergency exemption under COMAR 26.04.11.06. “Compostable products” means containers, films, or food service items, such as bowls, plates, cups, or cutlery, composed of materials such as: Vegetable matter; Paper; Cardboard; and Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland. “Composting” means the controlled aerobic biological decomposition of organic waste material. “Final disposal” means the complete and ultimate disposal of solid waste. Food Residuals. “Food residuals” means material derived from the processing or discarding of food, including pre- and post-consumer vegetables, fruits, grains, dairy products, and meats. “Food residuals” does not include: Animal mortalities; Compostable products; or Wastewater that contains material derived from the processing or discarding of food. “Generates” means creates material destined for management in a refuse disposal system if not otherwise diverted through reduction or recycling activities. Organics Recycling. “Organics recycling” means any process in which organic materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Organics recycling” includes anaerobic digestion and composting. “Organics recycling facility” means a facility where organics recycling takes place. Person. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Person” includes: An individual facility owned or operated by a local school system; An individual public primary or secondary school; An individual nonpublic school; A supermarket, convenience store, mini-mart, or similar establishment; A business cafeteria, school cafeteria, or institutional cafeteria; A cafeteria operated by or on behalf of the State or a local government; A manufacturer, processor, or similar establishment; and Any other entity listed under §B(10)(a) of this regulation that is not excluded under §B(10)(c) of this regulation. “Person” does not include: The aggregate of all school buildings and facilities in a local school system; or A restaurant establishment that accommodates the public and is equipped with a dining room with facilities for preparing and serving regular meals. Recyclable Materials. “Recyclable materials” means those materials that: Would otherwise become solid waste for disposal in a refuse disposal system; and May be collected, separated, composted, or processed and returned to the marketplace in the form of raw materials or products. “Recyclable materials” does not include incinerator ash. “Recycling” means any process in which recyclable materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Refuse disposal system” includes: An incinerator; A transfer station; A landfill system; A landfill; A solid waste processing facility; and Any other solid waste acceptance facility. General Provisions. The Department may inspect a site or business owned or operated by a person suspected or known to be subject to this regulation and Regulation .04 of this chapter in accordance with Environment Article, §1-404(k), Annotated Code of Maryland. A person subject to the food residuals diversion requirements under §B of this regulation may not divert food residuals from final disposal in a refuse disposal system in accordance with the regulation in a manner likely to: Be conducive to insect and rodent infestation or the harborage of animals; Cause nuisance odors or air pollution in violation of Environment Article, Title 2, Annotated Code of Maryland, or involve the construction of a source of air pollution subject to a permit to construct or the operation of a source of air pollution subject to a permit to operate unless permitted by the Department under Environment Article, Title 2, Annotated Code of Maryland; Cause a discharge of pollutants to waters of this State unless permitted by the Department under Environment Article, §9-323, Annotated Code of Maryland; Impair the quality of the environment; or Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department. Food Residuals Diversion Mandate. Except as provided in a waiver issued by the Department under Regulation .04 of this chapter, a person shall divert their food residuals from final disposal in a refuse disposal system in accordance with this regulation if the person meets all of the following criteria: The person generates: On or after January 1, 2023, at least an average of 2 tons of food residuals each week that they are in operation and generating food residuals; or On or after January 1, 2024, at least an average of 1 ton of food residuals each week that they are in operation and generating food residuals; and The person generates the food residuals at a location that is within a 30-mile radius of an organics recycling facility that: Has the capacity to accept and process all of the person’s food residuals; Is willing to accept all of the person’s food residuals for recycling; and Is willing to enter into a contract to accept and process the person’s food residuals. A person shall begin diverting their food residuals from final disposal in a refuse disposal system not later than 90 days after the person meets the criteria under §B(1) of this regulation. Determining the Weight of Food Residuals Generated. For the purpose of determining if a person meets the food residuals generation thresholds specified under §B(1)(a) of this regulation: A person shall calculate the amount of food residuals generated using a methodology provided by the Department and based on one of the following measurements: An actual measurement of the weight of food residuals generated; If the person does not have an actual measurement of the weight of food residuals generated, an estimate of weight based on volume using a volume-to-weight conversion factor that is acceptable to the Department; or If the person does not have an actual measurement of the weight or volume of food residuals generated, an estimate of weight using a conversion factor appropriate for the type of food residuals generator that is acceptable to the Department; or A person that owns or operates multiple facilities or buildings located at a single location or campus that have a common system or contract for waste management shall use the aggregate weight of the food residuals generated each week by all the facilities or buildings, calculated using one of the methods specified under §C(1) of this regulation. Methods of Diversion. A person subject to the food residuals diversion requirements under §B of this regulation shall: Separate food residuals from other solid wastes and non-compostable materials, including separating food residuals from any film or containers; and Divert food residuals from final disposal in a refuse disposal system through any combination of the following methods: Reducing the amount of food residuals generated by the person; Donating servable food for human consumption, including the donation of food to a nonprofit corporation, organization, or association; Managing the food residuals in an organics recycling system installed on-site in accordance with any applicable regulations adopted by the Secretary of the Environment; Providing for the collection and transportation of the food residuals for agricultural use, including for use as animal feed; and Providing for the collection and transportation of the food residuals for processing in an off-site organics recycling facility. Documentation. In order to administer and enforce the food residuals diversion requirements of this regulation, the Department may request that a person subject to the food residuals diversion requirements under §B of this regulation provide documentation of: The actual or estimated weight of food residuals generated by the person each week; Any correspondence between the person and an organics recycling facility located within a 30-mile radius of the person demonstrating the organics recycling facility’s willingness to accept all of the person’s food residuals or enter into a contract to accept and process all of the person’s food residuals; Any correspondence from an organics recycling facility located within a 30-mile radius of the person that the organics recycling facility is unable or unwilling to enter a contract with a person and accept and process all of the person’s food residuals; and Any other information the Department deems necessary. If the Department requests that a person provide the documentation described under §E(1) of this regulation, the person shall submit the requested documentation to the Department not later than 30 days after the request, unless an alternative deadline is provided by the Department. The Department may grant a waiver from the requirement to divert food residuals from final disposal in a refuse disposal system under Regulation .03 of this chapter if: A person demonstrates, in accordance with §D(2) of this regulation, undue hardship for the following reasons: The cost of diverting food residuals from a refuse disposal system is more than 10 percent more expensive than the cost of disposing the food residuals at a refuse disposal system; or For other reasonable circumstances as determined by the Department; or A person generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern. Waiver Conditions. The Department may grant a waiver to a person for a period that is the shorter of the following: A period established by the Department not to exceed 12 months; If the waiver was granted for an undue hardship as described under §A(1) of this regulation, until an alternate organics recycling facility becomes available that is: Located within a 30-mile radius of the person subject to the waiver; Capable of accepting and processing all of the person’s food residuals; and Willing to enter into a contract to accept and process the person’s food residuals; or A period that ends upon the date of a notification that the Department had revoked a previously approved waiver. There is no limit to the number of times the Department may grant a person a waiver. The application requirements established under §D of this regulation do not apply to a waiver requested by, or granted to, a person that generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern. Application Procedures for Undue Hardship Waiver Requests. A person shall submit a written waiver request to the Department electronically, in a format required by the Department. A person shall include in a waiver request: A description of the basis for the waiver request; If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation: A list of all off-site organics recycling facilities located within a 30-mile radius of the person and a quote or other supporting documentation provided by each off-site organics recycling facility on the list detailing the cost to accept and process all of the person’s food residuals; If owned or operated by an entity that is separate from one of the off-site organics recycling facilities described under §D(2)(b)(i) of this regulation, a quote or other supporting documentation provided by one or more recyclable materials haulers detailing the cost to collect and haul the person’s food residuals to an off-site organics recycling facility; A quote or other supporting documentation provided by one or more refuse disposal systems detailing the cost to accept all of the person’s food residuals for final disposal; and If owned or operated by an entity that is separate from the refuse disposal systems described under §D(2)(b)(iii) of this regulation, a quote or other supporting documentation provided by one or more solid waste haulers detailing the cost to collect and haul the food residuals to a refuse disposal system; Any other information considered necessary or required by the Department; and A certification that the information provided is true and correct to the knowledge of the person signing the waiver request. Reapplication for a Waiver. A person granted a waiver shall reapply for a waiver: At least 60 days before the end of the period for the current waiver term, or whenever an alternate organics recycling facility becomes available that meets the criteria in §B(1)(b) of this regulation, whichever occurs sooner; and In accordance with the application procedures established under §D(1) and (2) of this regulation. If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation, a person shall include in the waiver request up-to-date versions of the documents listed under §D(2)(b) of this regulation, which shall be obtained by the person not earlier than 30 days before the waiver request is submitted to the Department. Conditions for Approval, Denial, or Revocation of a Waiver. Notification of the Department’s Decision. The Department shall notify a person in writing of the Department’s decision to approve or deny a waiver request or to revoke a waiver previously approved by the Department. In a notification that a waiver request has been approved, the Department shall state the term of the waiver period. The Department may deny a waiver request or revoke a previously approved waiver if the Department determines: A violation of a requirement of this regulation, Regulation .03 of this chapter, or Environment Article, §9-1724.1, Annotated Code of Maryland, has occurred; False or inaccurate information or data was provided in an application for a waiver request; or Any other good cause exists for denying a waiver request or revoking an approved waiver. On or before March 1, 2024, and each March 1 thereafter, a person subject to the food residuals diversion requirements under Regulation .03 of this chapter shall submit a report: On the person’s solid waste and recyclable materials management activities during the preceding calendar year to each county where the solid waste and recyclable materials were generated; In a format required by the Department; and That includes all of the following information: The total amount, by weight, of solid waste generated; The total amount and types, by weight, of recyclable materials generated; The total amount, by weight, of solid waste disposed; The name and location of each refuse disposal system that accepted the solid waste for disposal; The total amount and types, by weight, of recyclable materials diverted from disposal; The name and location of each recycling facility that accepted the recyclable materials for recycling; and Any other information required by the Department. Environment Article, §§1-101, 9-201, 9-1701, 9-1702, and 9-1724.1, Annotated Code of Maryland Effective date: December 26, 2022 (49:26 Md. R. 1080) The purpose and scope of this chapter is to establish certain requirements pertaining to producer responsibility plans for producers of covered materials and to establish certain requirements pertaining to the implementation of the program pursuant to Environment Article, §§ 9-2501— 9-2512, Annotated Code of Maryland, including: Clarifying: The types of entities and individuals that meet the definition of producer; Covered materials, and exempt and excluded packaging and paper products; Covered services and covered entities; The timeline for implementation; and Establishing: Categories of covered materials for registration; Registration requirements for producers and Producer Responsibility Organizations (PRO); Minimum requirements for Alternative Collection Programs; Record keeping, reporting and production of records for producers and PROs; Advisory Council membership and voting requirements. In this chapter, the following terms have the meanings indicated. Terms Defined. “Advisory council” means producer responsibility advisory council established to provide advice and make recommendations regarding establishing and implementing a producer responsibility program in the State for covered materials, including advice on drafting, amending, and implementing producer responsibility plans. “Alternative Collection Program” means the collection of a specific covered material category that is not generally collected through curbside services. Beverage Container. “Beverage container” means a prepackaged beverage container: Made of any material including glass, plastic, metal, paper, or multimaterials; In any form, including a bottle, can, carton, or pouch; and The volume of which is not more than 5 liters. “Beverage container” does not include a prepackaged beverage container that is covered under a beverage container deposit program in the State that is legislatively mandated. “Bioplastic” means processed starches or other materials that would be considered a plastic-like or organic material that includes but is not limited to polylactic acid (PLA), polyhydroxyalkanoate (PHA), and polyhydroxybutyrate (PHB). “Brand owner” means a person that owns or licenses a brand or that otherwise has rights to market a product under the brand whether or not the brand’s trademark is registered. Bound Book. “Bound book” means printed paper permanently assembled and protected by a cover, such as a hardcover or paperback and affixed using adhesives or thread. “Bound book” excludes magazines. “Composting” has the meaning stated in Environment Article, §9-1701, Annotated Code of Maryland. “Composting facility” has the meaning stated in Environment Article, §9-1701, Annotated Code of Maryland. “Compostable” or “compostable products” means packaging or paper products that meet the definition of compostable products as defined in COMAR 26.04.11.02. Covered Entity. “Covered entity” means a person or location that receives covered services for covered materials in accordance with Environment Article, Title 9, Subtitle 25, Annotated Code of Maryland, “Covered entity” includes: A single-family residence; A multi-family residence; A public or non-public kindergarten, elementary, or secondary school, and its campus; A childcare center as defined in the Education Article, §9.5-401, Annotated Code of Maryland; A public building owned or operated by the state or a local government, including leased and rented properties that a state or local government operates; Parcels of land owned, operated, or leased by the State or a local government including parks, State and local highways, and areas associated with open space for the public as identified in local zoning; and An industrial, commercial, or institutional building that source separates paper products for recycling and those paper products do not meet the definition of packaging. “Covered entity” may exclude the portions of a building that are not owned, leased or rented by either the State or a local government, as approved by the Department. Covered Materials. “Covered materials” means packaging and paper products sold, offered for sale, imported, or distributed in the State. “Covered materials” does not include exempt or excluded materials as defined in this chapter. “Covered material type” means a singular and specific type of covered material, such as paper, plastic, metal, or glass, that: Can be categorized based on distinguishing chemical or physical properties, including properties that allow the material type to be aggregated into a discrete commodity category for purposes of reuse, recycling, or composting; and Is based on similar uses in the form of a product or package. Covered Services. “Covered services” means: Collecting, transferring, transporting, sorting, processing (including the cleaning of covered materials to ensure recovery in the form of recycling, reuse, or refill), recovering, preparing, or otherwise managing covered materials for purpose of waste reduction, reuse, recycling or composting; and Public education and outreach activities related to the activities described in §B(13)(a)(i) of this regulation. “Covered services” includes: Litter cleanups where covered materials are collected, sorted, transported and processed for recycling; and Reuse and refill services. “Covered services” does not include disposal of covered materials. “De minimi Introduced less than one ton of covered material into the State; or Earned global gross revenues of less than $2,000,000. “Environmental impact” means the impact of a covered material on human health and the environment, beginning with the extraction and processing of the raw materials that compose the covered materials through the manufacturing, distribution, use, recovery for reuse, recycling or composting, and final disposal of the covered material. “Exempt material” means a material, or any portion of a material that is: Primary packaging for infant formula, as defined in 21 U.S.C. § 321(z); Primary packaging for medical food, as defined in 21 U.S.C. § 360ee(b)(3); Primary packaging for a fortified oral nutritional supplement, or food which is formulated to be consumed or administered enterally for individuals who are unable to consume nutrition orally, used by individuals who require supplemental or sole source nutrition to meet nutritional or special dietary needs directly related to cancer, kidney disease, diabetes, malnutrition, or failure to thrive conditions, as defined by the International Classification of Diseases, Tenth Revision; Primary packaging for a product regulated as a drug or medical device by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for medical equipment or a product used in medical settings that is regulated by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for drugs, biological products, parasiticides, medical devices, or in vitro diagnostics that are used to treat, or that are administered to, animals and are regulated by the U.S. Food and Drug Administration under the federal Food, Drug, and Cosmetic Act or by the U.S. Department of Agriculture under the federal Virus–Serum–Toxin Act; Primary packaging for products regulated by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act; Primary packaging used to contain liquefied petroleum gas and designed to be refilled; Newsprint subject to Environment Article § 9–1707, Annotated Code of Maryland; A paper product used for a magazine’s print publication that has a circulation of less than 95,000 and that primarily includes content derived from primary sources related to news and current events; Primary packaging used to contain hazardous or flammable products regulated under the 2012 federal Occupational Safety and Health Administration Hazard Communication Standard that prevent the packaging from being waste reduced or made reusable, recyclable, or compostable, as determined by the Department; Primary packaging for products subject to the Paint Stewardship Program under Environment Article, Title 9, Subtitle 17, Part V, Annotated Code of Maryland; Material that a producer distributes to another producer that meets the definition of packaging, and is subsequently used to contain a product that is distributed to an industrial, commercial, or institutional business or entity, and is not introduced to a person other than the industrial, commercial, or institutional business or entity that first received the product; or Packaging used for the long–term protection or storage of a product that has a lifespan of not less than 5 years, as determined by the Department. “Individual Producer Responsibility Plan (IPP)” means a plan developed by a producer who chooses to assume responsibility for submitting a Producer Responsibility Plan individually instead of through a Producer Responsibility Organization (PRO). “Local government” means: A county; or A municipality. Long-term Packaging. “Long-term packaging” means packaging fabricated from paper, plastic, metal, glass, or multimaterial that; Has a mechanism to reseal and encase the product and is not designed for single use closure; and The product within the long-term packaging has a lifespan of not less than 5 years as determined by the Department. “Long-term packaging” does not mean packaging for consumables, or products that diminish in quantity or degrade with use. “Long-term packaging” does not mean packaging that would diminish or degrade within 5 years. Multimaterial. “Multimaterial” means: Objects, processes or systems that incorporate two or more distinct and heterogeneous materials; Materials that are integrated within a single component, allowing for combinations of characteristics within a single part; Multiple layers that are not able to be separated by the consumer or mechanically separated; or Paper products that have integrated non-fiber components including embossed or impregnated materials. “Multimaterial” does not mean minor coatings, inks, or adhesives applied for printing, labeling, or surface protection, unless those components materially affect the recyclability or compostability of the product, as determined by the Department. Packaging. “Packaging” means a material, a substance, or an object that is used to protect, contain, transport, serve, or facilitate the delivery of a product that is sold or supplied with the product to the consumer for personal, noncommercial use and that is sold, offered for sale, imported, or distributed in the State. “Packaging” includes: Primary, secondary, and tertiary packaging intended for the consumer market; Service packaging designed and intended to be filled at the point of sale, including: carry–out bags; bulk goods bags; take–out and home delivery food service packaging; Beverage containers; and Labels affixed to packaging or products. “Packaging” does not include packaging that is sold as a product that is empty at the time of sale. Paper Products. “Paper products” means products made primarily from wood pulp or other cellulosic fibers. “Paper products” includes paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors. “Paper products” does not include: Bound books; Products that are not accepted by materials recycling facilities or composting facilities because of the unsafe or unsanitary nature of the products; or Paper products that also meet the definition of packaging in this regulation. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Primary packaging” means packaging that is most closely containing the product, including packaging that is most closely containing the food or beverage. Producer. “Producer” means a person that is responsible for compliance with a producer responsibility plan under Environment Article, Title 9, Subtitle 25, Annotated Code of Maryland, in order of who is first obligated if the material is sold or distributed in the State, as qualified by: For packaging, §§B(25)(b), (c), (d), and (g) of this regulation; and For paper products, §B(25)(e) and (f) of this regulation. “Producer” includes, for items sold in or with packaging at a physical retail location in the State: The manufacturer of an item that is sold in or with packaging under the brand of the item manufacturer or is sold in packaging without brand identification; If there is no person described in §B(25)(b)(i) of this regulation, the person that is licensed to manufacture and sell or offer for sale to consumers in the State an item with packaging under the brand or trademark of another manufacturer or person; If there is no person described in §§B(25)(b)(i) and (ii) of this regulation, the brand owner of the item; If there is no person described in §§B(25)(b)(i)—(iii) of this regulation within the United States, the person that imports the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in the State; or If there is no person described in §§B(25)(b)(i)—(iv) of this regulation, the person that first distributes the item in or into the State. “Producer” includes, for items sold or distributed in packaging in or into the State via e–commerce, remote sale, or online distribution: For packaging used directly to protect or contain the item, the producer of the packaging is a producer under §B(25)(a)(i) of this regulation; and For packaging used to ship the item to a consumer, the producer of the packaging is the person that packages the item to be shipped to the consumer. “Producer” includes, for packaging that is not described in§§B(25)(b) and (c) of this regulation, the producer of the packaging is the person that first distributes the item in or into the State. “Producer” includes, for paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher. “Producer” includes, for a paper product not described in §B(25)(e) of this regulation: If the paper product is sold under the manufacturer’s own brand, the producer is the person that manufactures the paper product; If there is no person described in §B(25)(f)(i) of this regulation, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in the State, whether or not the trademark is registered in the State; If there is no person described in §§B(25)(f)(i) and (ii) of this regulation, the producer is the brand owner of the paper product; or If there is no person described in §§B(25)(f)(i)—(iii) of this regulation within the United States, the producer is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in the State. For a producer identified in §§B(25)(b), (c), and (d) of this regulation that is a business operated wholly or in part as a franchise, the producer of the packaging is the franchisor if the franchisor has franchisees that have a commercial presence in the State, including operation in the State. “Producer” does not include a State, or federal agency, a political subdivision, or other governmental unit; “Producer” does not include a registered 501(c)(3) charitable organization or 501(c)(4) social welfare organization “Producer” does not include a “de minimis producer”. “Producer” does not include a mill that uses any virgin wood fiber in the products it produces. “Producer” does not include a paper mill that produces container board derived from 100 percent postconsumer recycled content and non-postconsumer recycled content; “Producer” does not include an entity that owns or operates a restaurant, food cart, or similar establishment that: Is headquartered in the State; Primarily sells to members of the public food that is generally intended to be consumed immediately and without the need for further preparation, either on or off the premises; and Is not a producer of food serviceware. “Producer” does not include an entity that owns or operates a single retail sales establishment that: Has no online sales; and Is not supplied or operated as part of a franchise or a chain; “Producer” does not include an entity that: Is licensed under Alcoholic Beverages and Cannabis Article, Title 2, Annotated Code of Maryland; and Generated less than $10,000,000 in gross revenue during the immediately preceding calendar year. “Producer” does not include a producer under §§B(25) (a)—(g) of this regulation that has executed an agreement with another entity, under which the other entity has agreed to assume responsibility by written certification under a producer responsibility program for any packaging materials attributable to the first entity. “Producer Responsibility Organization (PRO)” means a nonprofit organization that is: Exempt from taxation under §501(c)(3) of the Internal Revenue Code; and Created by a group of producers to implement a producer responsibility plan in accordance with the Environment Article, §9-2505, Annotated Code of Maryland; and Approved by the Department to implement an approved Producer Responsibility Plan on behalf of producers of covered materials. “Producer Responsibility Plan” means a covered materials producer responsibility plan submitted to the Department by an individual producer through an IPP, or submitted by a PRO as defined in the Environment Article, §9-2505, Annotated Code of Maryland. Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating, and constituting materials that would otherwise be disposed of and returning them to or maintaining them with the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. “Recycling” does not include: Landfilling; Combustion; Incineration; Energy generation; Fuel production; or Alternative daily cover or other forms of use or disposal within the footprint of a landfill. “Recycled covered material” means covered material that is sent to a responsible end market. “Recycling rate” means the amount of recyclable covered material, in aggregate or by individual covered material type, recycled in a calendar year divided by the total amount of recyclable covered materials sold or distributed into the State by the relevant unit of measurement. “Refill” means the continued use of a covered material by a consumer through a system that is: Intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material; Supported by adequate logistics and infrastructure to provide convenient access for consumers; and Compliant with applicable federal, State, and local statutes, rules, ordinances, and other laws governing health and safety. “Responsible end market” means a material market in which the recycling and recovery of materials or the disposal of contaminants is conducted in a way that: Benefits the environment; and Minimizes risks to public health and worker health and safety. “Return rate” means the amount of reusable covered material, in aggregate or by individual covered materials type, collected for reuse by a producer or service provider in a calendar year, divided by the total amount of reusable covered materials sold or distributed into the State by the relevant unit of measurement. “Reusable” means being capable of reuse. “Reuse” means the return of a covered material to the marketplace and the continued use of the covered material by a producer or service provider when the covered material is: Intentionally designed and marketed to be used multiple times for its original intended purpose without a change in form; Designed for durability and maintenance to extend its useful life and reduce demand for new production of the covered material; Supported by adequate logistics and infrastructure at a retail location, by a service provider, or on behalf of or by a producer, that provides convenient access for consumers; and Compliant with applicable federal, State, and local statutes, rules, ordinances, and other laws governing health and safety. “Reuse rate” means the share of units of a reusable covered material sold or distributed into the State in a calendar year that are demonstrated and deemed reusable in accordance with an approved producer responsibility plan. Service Provider. “Service provider” means an entity that provides covered services for covered materials. “Service provider” includes: A local government that provides, contracts for, or otherwise arranges with another party to provide covered services for covered materials within its jurisdiction regardless of whether the local government provided, contracted for, or otherwise arranged for similar services before the approval of the applicable producer responsibility plan. A private entity that is not contracted with a local government that provides covered services for covered materials, such as through a subscription model. “Secondary packaging” means any packaging intended to bundle, sell in bulk, brand, or display the product or that is not primary packaging or tertiary packaging. “Small format” means covered materials: With two or more sides measuring 2 inches or less; or A diameter of 2 inches or less at its widest point. “Tertiary packaging” means packaging intended to protect or facilitate the delivery of the product during transportation. Covered materials includes all packaging and paper products that meet the definition of covered materials in this chapter. Covered packaging includes: Primary, secondary, and tertiary packaging intended for the consumer market except those that are exempt or excluded materials as defined in this chapter; Components and elements that are supplemental, auxiliary, or subordinate and integrated into packaging, including: Those components and elements that are directly attached to a product; and Are part of the packaging design functionally or aesthetically; Facilitate the packaging function; or facilitate the delivery including through identification of the product; and Materials used to affix packaging components to one another; Service packaging designed and intended to be filled at the point of sale, including: Carry-out bags; Bulk good bags; and Take-out and home delivery food service packaging; Any food serviceware not included in §B(3) of this regulation; Beverage containers; Labels affixed to packaging or products; Materials used to fill in space between a product and other packaging components, or between packaging components; Packaging that meets the definition of “compostable”, as defined in this chapter, including: Packaging that meets labeling requirements in Environment Article, §§ 9-2102 and 9-2104, Annotated Code of Maryland or other standards as approved by the Department; or Packaging that is a singular organic material with no processing, additives or changes to molecular structure, demonstrated to the Department and subsequently approved by the Department; Multimaterial packaging; Packaging for reuse or refill, as defined in this chapter; and Packaging that is at any point intended to reach a consumer. Covered paper products include: Paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors; Multimaterial products that are at least majority paper by volume; and Food serviceware that meets the definition of paper product. Applicability. Covered materials must be identified on the registration form submitted annually by an individual producer or a PRO. All covered materials must be reported under one of the following categories, in sequential order as listed in §B of this regulation. If a material meets the definition of small format, it must be identified in the associated small format category for that material where applicable. If a material is reported into a category marked with a “*”, the covered material must be identified on the registration form. Covered Material Categories. Certified Compostable Organics: Rigid plastic packaging that meets the compostable labeling requirements enumerated in Environment Article, §§ 9-2102— 9-2104, Annotated Code of Maryland; Flexible plastic packaging that meets the compostable labeling requirements enumerated in Environment Article, §§ 9-2102— 9-2104, Annotated Code of Maryland; Plastic and Polymer Coated Substrates that meet the compostable labeling requirements enumerated in Environment Article, §§ 9-2102— 9-2104, Annotated Code of Maryland; and Paper food service packaging that meets a labeling standard approved by the Department. Paper: Small format paper; Newsprint, including newspaper, that does not meet the definition of “exempt material”, as defined in Environment Article, §9-2501, Annotated Code of Maryland; Magazines, catalogs, and directories that do not meet the definition of “exempt material”, as defined in Environment Article, §9-2501, Annotated Code of Maryland; Paper for general use; *Other printed materials not identified in §B(2)(a)—(d) of this regulation; Uncoated corrugated cardboard; Coated corrugated cardboard; Kraft paper; Uncoated paperboard; Coated paperboard; Molded fiber all forms; Aseptic cartons; Gable-top cartons; *Other paper laminates not identified in §B(2)(a)—(m) of this regulation; and *Other paper not identified in §B(2)(a)—(n) of this regulation. Small Format Plastic. Rigid Plastic: Polyethylene terephthalate (PET) or resin identification code (RIC) #1: Non-pigmented or non-colorant-containing bottles, jugs, and jars; PET or RIC #1: Pigmented or colorant-containing bottles, jugs, and jars; PET or RIC #1: Non-pigmented or non-colorant-containing other rigid containers, cups, lids, plates, trays, and tubs not identified in §B(4)(a) of this regulation; PET or RIC #1: Pigmented or colorant-containing other rigid containers, cups, lids, plates, trays, and tubs not identified in §B(4)(b) of this regulation; *PET or RIC #1: Other rigid items not identified in §§B(4)(a)—(d) of this regulation; High-density polyethylene (HDPE) or RIC #2: non-pigmented or non-colorant-containing bottles, jugs, and jars; HDPE or RIC #2: Pigmented or colorant-containing bottles, jugs, and jars; HDPE or RIC #2: Pails, buckets, and tubs; HDPE or RIC #2: Squeeze tubes; *HDPE or RIC #2: Other rigid items not identified in §B(4)(f)—(i) of this regulation; Polyvinyl chloride (PVC) or RIC #3: Rigid items; Low-density polyethylene (LDPE) or RIC #4: Bottles, jugs, and jars; *LDPE or RIC #4: Other rigid items not identified in §B(4)(l) of this regulation; Polypropylene (PP) or RIC #5: Bottles, jugs, and jars; PP or RIC #5: Other containers, cups, lids, plates, trays, and tubs not identified in §B(4)(n) of this regulation; PP or RIC #5: Squeeze tubes; *PP or RIC #5: Other rigid items not identified in §B(4)(n) or (o) of this regulation; Polystyrene (PS) or RIC #6: Expanded or foamed hinged containers, plates, cups, tubs, trays, and other foamed containers; PS or RIC #6: Other expanded or foamed packaging not identified in §B(4)(r) of this regulation; PS or RIC #6: Rigid, non-expanded packaging; RIC #1 through #7: Nursery Containers; Bioplastics that are not labeled as compostable or home compostable, in accordance with Environment Article, §9-2102 or 9-2104, Annotated Code of Maryland; and *Mixed rigid plastic or other rigid plastic not identified in §B(4)(a)—(v) of this regulation. Flexible Plastic: HDPE or RIC #2, or LDPE or RIC #4: Flexible and film items; PP or RIC #5: Flexible and film items; and *Plastic laminates and other flexible plastic packaging not identified in §B(5)(a) or (b) of this regulation. Metal: Steel aerosol containers; Steel containers not identified in §B(6)(a) of this regulation; Other forms of steel not identified in §B(6)(a) or (b) of this regulation; Aluminum aerosol containers; Aluminum foil and molded containers; Aluminum containers not identified in §B(6)(d) or (e) of this regulation; Other forms of aluminum not identified in §§B(6)(d) —(f) of this regulation; Small format metal; Pressurized cylinders that do not meet the definition of “exempt material,” as defined in Environment Article, §9-2501, Annotated Code of Maryland; and *Other metal packaging not identified in §§B(6)(a)—(i) of this regulation. Glass: Non-pigmented or non-colorant-containing glass bottles, jars, and other containers; Pigmented or colorant-containing glass bottles, jars, and other containers; and *Ceramic, porcelain, acrylic and other glass-like material not identified in §B(7)(a) or (b) of this regulation. Wood and Other Organics: *Untreated and uncoated wood or other untreated and uncoated organic packaging that is not a plastic or bioplastic and is not identified in §B(1) of this regulation; and *Treated or coated wood or other treated or coated organic packaging that is not a plastic or bioplastic and is not identified in §B(1) of this regulation. The packaging and paper products identified in §§B and C of this regulation are exempt or excluded in this chapter. Packaging. Statutorily-exempt Materials. The following materials are exempt from the definition of a covered material, as specified in Environment Article, §9-2501, Annotated Code of Maryland: Primary packaging for infant formula, as defined in 21 U.S.C. § 321(Z); Primary packaging for medical food, as defined in 21 U.S.C. § 360EE(B)(3); Primary packaging for a fortified oral nutritional supplement, or food which is formulated to be consumed or administered enterally for individuals who are unable to consume nutrition orally, used by individuals who require supplemental or sole source nutrition to meet nutritional or special dietary needs directly related to the following conditions as defined by the International Classification of Diseases, Tenth Revision: Cancer; Chronic kidney disease; Diabetes; Malnutrition; or Failure to thrive; Primary packaging for a product regulated as a drug or medical device by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for medical equipment or a product used in medical settings that is regulated by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for drugs, biological products, parasiticides, medical devices, or in vitro diagnostics that are used to treat, or that are administered to, animals and are regulated by: The U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or The U.S. Department of Agriculture under the Federal Virus–Serum–Toxin Act; Primary packaging for products regulated by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act; Primary packaging used to contain liquefied petroleum gas and designed to be refilled; Primary packaging used to contain hazardous or flammable products regulated under the 2012 Federal Occupational Safety and Health Administration Hazard Communication Standard that prevent the packaging from being waste reduced or made reusable, recyclable, or compostable, as determined by the department; Primary packaging for products subject to the paint stewardship program under Environment Article, Title 9, Subtitle 17, Part V, Annotated Code of Maryland; Material that a producer distributes to another producer that is: Subsequently used to contain a product, and the product is distributed to a commercial business or entity; and Packaging material that is not introduced to a person other than the commercial or business entity that first received the product; or Primary packaging used for the long–term protection or storage of a product that has a lifespan of not less than 5 years, as determined by the Department; Beverage containers covered under a legislatively-mandated beverage container deposit return program in the State; and Packaging that is designed to be ingested. Paper Products. The following paper products are exempt from the definition of a covered material: Statutorily exempt material including: Newsprint subject to Environment Article, §9–1707, Annotated Code of Maryland; and A paper product used for a magazine’s print publication that has a circulation of less than 95,000 and that primarily includes content derived from primary sources related to news and current events; Bound books as defined in this chapter; and Products that are not accepted by materials recycling facilities or composting facilities because of the unsafe or unsanitary nature of the products. In this chapter, producers of covered materials are obligated to: Pay fees in accordance with this chapter and either: Join and provide information required per an approved Producer Responsibility Plan established and maintained by a PRO; Have an IPP approved by the Department; or Have both an approved IPP by the Department for a specific covered material and join the PRO Producer Responsibility Plan for any other covered materials; Register with the Department or their PRO in accordance with this chapter; Report to the Department or their PRO as defined in this chapter; Retain records in accordance with this chapter; and Meet all timeline requirements or be subject to enforcement provisions as defined in this chapter. Notification and Reporting. For producers with an IPP on file with the Department, any changes due to either termination, acquisition, or merger, shall be reported by the producer on letterhead to the Department within 30 days of such activity. For producers who are members of a PRO, any changes due to either termination, acquisition or merger, shall be reported by the producer to their PRO as detailed in the approved plan. Required reporting shall be provided on a pro-rated basis for the producer if terminated, acquired, or merged under the original producer on file. Restrictions. Registration Requirements. Beginning July 1, 2026, and each year thereafter, by no later than June 30: A PRO, as approved by the Department, shall file a registration form with the Department including: A list of the producers participating in their PRO; A list of the brands of each producer participating in their PRO; A list of covered materials, by category as described in this chapter, of each producer participating in their PRO, by weight distributed into the State during the previous calendar year; The name, address, contact information of a person responsible for ensuring the PRO’s and member producers’ compliance with Environment Article, §9-2505, Annotated Code of Maryland and this chapter; and An annual registration fee described in this regulation; and For producers who are seeking to be approved through an IPP and not through a PRO, shall file a registration form with the Department including: A list of the brands of the producer; A list of covered materials of the producer, by category as described in this chapter, by weight distributed into the State during the previous calendar year; The name, address, and contact information of a person responsible for ensuring the compliance with the IPP; and An annual registration fee defined in this chapter. Producers who are members of and participate in a PRO must annually provide to their PRO by a date identified in their Producer Responsibility Plan or a method approved by the Department: A list of brands of the producer; A list of covered materials of the producer, by category as described in this chapter, by weight distributed into the State during the previous calendar year; Name, address and contact information of a person responsible for compliance for the producer; and An annual registration fee defined in this chapter. Registration Form. For a PRO, annual registration shall be submitted electronically on a form provided by or approved by the Department, by no later than the date provided in Regulation .10A of this chapter. For producers that are participating under an IPP, annual registration shall be submitted electronically on a form provided by or approved by the Department, by no later than the date provided in Regulation .10A of this chapter. Registration forms shall include, for the purposes of identification, the information described in §A of this regulation. Registration shall also include necessary registration fees as described in this regulation. PROs, as approved by the Department, may require additional information of producers to be registered with their organization, to support the requirements in this chapter. Fees Associated with Registration. Annual Registration Fees. In an amount sufficient to cover: In each year, the cost of record keeping under Environment Article, §9-2505, Annotated Code of Maryland, not to exceed $1,000; In each year, the costs of developing and updating the list required under Environment Article § 9-2508, Annotated Code of Maryland; As necessary, the costs of developing and implementing regulations in accordance with Environment Article, §9-2511, Annotated Code of Maryland. For the fee due on July 1, 2026, the fee shall cover the estimated costs incurred by the Department from June 1, 2025 to June 30, 2026 and the Department's estimated costs for this activity in the State’s fiscal year 2026, and For each subsequent fee, the fee shall cover the anticipated costs as provided by the Department for the upcoming State’s fiscal year. In 2028 and each thereafter, the costs of registering service providers under Environment Article, §9-2507, Annotated Code of Maryland. Restrictions. Annual registration fees charged by a PRO to their member producers collectively may not, across all member producers, exceed the cost of fees paid by their PRO to the Department for registration as defined in this chapter. Fees may not be prorated due to termination, acquisition, or merger. Delayed Registration and Reporting. Entities who meet the definition of producer and failed to register according to §A of this regulation may be: Provided a letter of corrective action by the Department that describes back payment and penalties for registration and reporting requirements; and Subject to penalties and enforcement provisions described in this chapter. If a PRO is aware of a producer that is likely subject to these regulations, that has failed to register or report data to the PRO, the PRO shall: Make the Department aware in writing of those producers on a quarterly basis; Provide to the Department the contact information and missing data or fees the producer has not supplied or paid on a quarterly basis; and Make all reasonable attempts to get producers to register and report applicable data. The letter of corrective action will provide a date to submit this information to the Department. On or after July 1, 2026, a PRO, producer or group of producers may develop and operate an alternative collection program to collect and manage a specific type or types of covered material that is designed for alternative collection that is sold, offered for sale, or distributed for sale in or into the State by the producer or the group of producers. An alternative collection program or programs for a specific type or types of covered materials must be provided under an approved producer responsibility plan. An alternative collection program shall improve and provide a dedicated collection program for the applicable covered material, and may only be established for the purpose of recycling, composting, or reuse. Submittals to the Department for an Alternative Collection Program must also include an amount sufficient to cover any costs associated with analyzing the program by the Department at the time of submission. A prorated amount will be provided to the applicant by the Department. Minimum requirements for Department approval of Alternative Collection Programs include the following: Self-certification that the final destination is for recycling and is going to a responsible end market, as defined in this chapter; Self-certification shall be reported for the previous calendar year to the Department or a PRO annually; Meeting the following convenience standards: Provide year-round, convenient, statewide collection opportunities, including at least one drop-off collection site located in each of the 23 counties and Baltimore City; At least 50 percent of the weight of the covered material sold or distributed in Maryland in the previous calendar year must be collected and managed according to the requirements of this regulation; Geographically, at least 90 percent of the residents of the State shall have a collection site within a 15-mile radius; Collection sites that count toward §E(3)(c) of this regulation shall be provided year round; and Unless otherwise approved by the Department one additional collection site shall be established for every 50,000 residents; or Another convenience standard approved by the Department; Compensation shall be provided for alternative collection program siting for any program operations, including training, education and educational materials specific to that site, transportation, equipment, and reporting, with contractual approval between all parties; Program coordination shall be provided that includes: Education and outreach; Signage and messaging; Collection; Transportation; and Reporting; A list of collection sites shall be provided that may include special events, private sites, curbside, mail back and backhauling provided to the Department; and Other requirements as identified by the Department during review of the alternative collection program application. An Alternative Collection Program shall submit evidence that minimum requirements have been met to the Department concurrently with annual registration. Producers operating an alternative collection system are required to meet all producer requirements not explicitly exempted in this regulation including, but not limited to: Joining a PRO and submitting all information required in this chapter for the PRO’s registration, producer responsibility plan, and annual reporting; or Registering as an individual producer with the Department, submitting an IPP, and submitting an annual report as required in this chapter. Reduced Fees Associated with Producer Responsibility Program Plans. Alternative Collection Programs are eligible for reduced fees associated with producer responsibility plans when they meet the minimum requirements outlined in this regulation. After initial approval of reduced fees associated with producer responsibility program plans by the Department, failure to meet any of the requirements will result in a revocation of reduced fees, and the involved producers will be required to pay obligated standard fees. The producers will also be subject to applicable penalties. Reduced fees associated with producer responsibility program plans does not allow for reduced registration and applicable oversight fees. Producers, PROs, and any person administering an IPP approved by the Department must preserve all books and records in accordance with State and federal laws. All documents and records necessary to ensure compliance must be maintained for a minimum period of 5 years. Availability for Department Review. Documents and records must be available within 15 business days or the specified timeline provided by the Department, whichever is later. Documents may include records related to the calculation and payment of producer responsibility dues, recycling rates, collection rates, postconsumer recycled content rates, and any other materials necessary for the Department to determine compliance with an approved plan and the requirements of Environment Article, §9-2505, Annotated Code of Maryland. Producers. A producer must make available all documents and records related to the calculation and payment of producer responsibility dues, recycling rates, collection rates, postconsumer recycled content rates, and any other materials necessary for the Department to determine compliance. A producer that is a member of a PRO must report the data necessary to meet its reporting obligations to the PRO. A producer may use prorated national data if state-specific data is not available or feasible to generate upon approval from the Department. A producer who is not a member of a PRO, must report the necessary data described in this chapter, and may use prorated national data if state-specific data is not available or feasible to generate upon approval from the Department. Exemptions. Should the producer identify they are exempt or excluded from specific covered materials, they must provide supporting documents and records to explain the exemption to the Department for approval and shall be available to a PRO if approved. Financial Records and Audits. The Department may request, at any time, an audit of the financial records of a PRO or a producer that has an approved IPP. The producer or a PRO may be evaluated by an independent financial auditor, as designated by the Department, to ensure that the costs of implementing the plan are covered. The PRO or producer, depending on the evaluation assessed, shall provide the Department with at least three bids from independent financial auditors for the Department to choose from. Audits will be financed by the producer or PRO based on approval by the Department. Financial, production, or sales data reported to the Department by a producer or PRO shall be kept confidential by the Department and may not be subject to personal inspection nor public information requests. For producers who report financial, production, or sales data to a PRO, those individual data shall be kept confidential and may not be disclosed, except to the Department if requested. Other Reporting Requirements. The Department may impose other reporting requirements considered necessary. These requirements will be provided to the producer or a PRO, and will need to be addressed in any plan revisions or approvals. Annual Registration. Beginning July 1, 2026, and each year thereafter, the PRO approved under Environment Article, §9-2502(a), Annotated Code of Maryland shall file a registration form with the Department and pay an annual registration fee, as outlined within this chapter. Beginning July 1, 2026, and each year thereafter, producers who do not intend to join an approved PRO shall file a registration form with the Department and pay an annual registration fee, as outlined within this chapter. Beginning October 29, 2028 or by a later date identified by the Department, a producer may not sell, offer for sale, distribute, or import for sale or distribution covered materials for use in the State unless they have a Department approved responsibility plan on file with the Department. By July 1, 2028 or by a later date identified by the Department, producers who do not intend to join a PRO must submit their IPPs to the Department. The Department may take enforcement action for failure to comply with: The requirements of this chapter; or Any order issued under Environment Article, §9-2505, Annotated Code of Maryland. Penalties. A producer or PRO that violates Environment Article, §9-2505, Annotated Code of Maryland or this chapter is subject to: For a first violation, an administrative penalty of $5,000; For a second violation, an administrative penalty of $10,000; and For a third or subsequent violation, a civil penalty of $20,000. A penalty may not be imposed on a producer or PRO under this regulation unless: The Department first issues a written notice of violation to the producer or PRO; and The violation is not corrected within 60 days after receipt of written notice. After the 60-day period specified under B(2) of this regulation, each day that the violation continues is a separate violation. Any penalties collected by the Department under this regulation shall be paid into the State Recycling Trust Fund established under Environment Article, §9-1707, Annotated Code of Maryland In this chapter, the Producer Responsibility Advisory Council (Council) is to provide advice and make recommendations regarding implementation of a producer responsibility program in the State for covered materials. The Council consists of up to no more than 25 and no less than 15 members, representing a broad range of interested stakeholders. The number of members in the Council may change in size provided through approval by the Secretary of the Department with a public notice of 30 days. The Council stakeholders shall include, at a minimum: Representatives from the following industries or entities in the State: Local government agencies responsible for recycling programs; Recyclables and compostable materials collectors from both the public and private sectors; Recycling processors from both the public and private sectors; Organics recycling processors; Producers from the consumer goods sector; Retail and small businesses; and Material-oriented trade groups; Representatives of at least two nonprofit organizations in the State with missions related to reducing waste; At least one representative of an environmental advocacy organization; At least one representative of an advocacy organization that advocates on behalf of overburdened or underserved communities, as defined in Environment Article, §1–701, Annotated Code of Maryland; At least two members of the public who reside in the State; A representative of a PRO approved by the Department; The Director of the Department’s Land and Materials Administration, or the Director’s designee. Member Service. A member is considered an individual person that is selected by the stakeholder to represent their material industry group, materials management group, environmental advocacy group, or a producer responsibility organization. A member of the public is a member that is not a part of any stakeholder group. Appointments to the Council are for 4 years, excluding the Department and the PRO unless there are multiple approved PROs in the State. If an appointed member vacancy occurs due to a member's resignation, death, or departure from elective office, that vacancy may be filled by a new representative from the same organization, with Department approval. The term of the representative assuming membership fulfills only the remaining term length of the original member appointment. Members may be appointed to additional terms at the discretion of the Department. The Department may reappoint members to an additional 2-year term. Members may not serve a contiguous service of 6 years. A vacancy occurring by reason of removal, resignation, death, or departure from elective office shall be filled for the balance of the vacating member's term using the same method by which the original appointment was made. If a member departs from the organization in which they represent and if such departure occurs before their term of appointment or reappointment to the Council would otherwise expire, the Department may permit the member to complete the term in another vacant position on the Council, as determined by the Department. The Department, after written notice, may terminate the service of a member if, in the judgment of the Department, such removal is in the public interest, or if the member or their organization: No longer meets the requirements under which elected or appointed; Fails or is unable to participate regularly in committee work; or Has violated any State, federal, or local laws or regulations. Participation. Members must attend at least 66 percent of regular meetings annually. Any member who does not attend the required number of meetings may be removed from the Council by the Department. Members may designate an alternate member-advisor to attend meetings. Alternative member-advisor information shall be provided to the Department 24 hours prior to regular meetings. Alternative member-advisors may not attend in place of approved members for more than 33 percent of regular meetings annually. Quorum and Voting Requirements. A majority of voting members of the Council must be present to constitute an official meeting of the Council and to establish a quorum to vote. If a majority of voting members are not present, the Council may still convene, but may not establish a quorum for voting. Agreement of a majority of voting members of the Council members present at a meeting is required for a formal recommendation made by the Council. Differentiation of Votes. The three different types of votes are: Yay; Nay; or Abstain. For an abstaining vote, if the Council member is present at the meeting but does not cast a vote, it is assumed that the members vote is to abstain. Stakeholders listed in §§C(6) and (7) of this regulation are non-voting members of the Council. Application and Criteria for Additions to the Council. Application for membership to the Council. Applications shall be submitted to the Department for their approval in a form provided by the Department. Criteria: Must represent a stakeholder sector that is not already represented on the Council and that is impacted by this chapter; Increase evenness of representation between material industry groups, materials management groups, environmental advocacy groups, or the general public; or Other requirements as determined by the Department. Final approvals or additions to the Council will be at the discretion of the Department. Environment Article, §§ 9-1702, 9-1707, 9-2501— 9-2512, Annotated Code of Maryland Effective date: May 25, 2026 (53:10 Md. R. 455)