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<regulation prefix="Regulation" num=".06" citation="COMAR 26.04.06.06" title_num="26" subtitle_num="04" chapter_num="06" heading="Sampling and Testing Requirements for a Sewage Sludge Generator.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Department may:</text>
    <paragraph num="(1)">
      <text>Require analyses for sewage sludge constituents other than those identified in §A(2) of this regulation to adequately assess the quality of sewage sludge;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Require more frequent analysis than is specified in §B of this regulation to adequately assess the quality of sewage sludge;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Require that laboratory results be accompanied by a description of the method of analysis; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Reject an analysis if it determines that the method of analysis is inaccurate, or for any other good cause.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Department may consider the failure to submit the analysis required in §§A—C of this regulation to be grounds for:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>A written request to establish a plant-available nitrogen value for the generator’s sewage sludge to be utilized in the following calendar year;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The pounds of plant-available nitrogen per ton of sewage sludge (PAN lbs/ton) shall be calculated using the following equation:</text>
  </paragraph>
  <paragraph num="G.">
    <text>The Department may revoke an authorization to land apply a generator’s sewage sludge with an established plant-available nitrogen value if:</text>
    <paragraph num="(1)">
      <text>The generator does not comply with the treatment standards for Class B sewage sludge;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The generator does not comply with the sampling and testing requirements specified in this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The generator does not comply with the record-keeping and reporting requirements specified in Regulation .07 of this chapter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The generator does not comply with the sewage sludge generator fees requirements specified in Regulation .08 of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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</text>
    </paragraph>
    <paragraph num="(7)">
      <text>For any other good cause as determined by the Department.</text>
    </paragraph>
  </paragraph>
</regulation>