<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 26.04.06.12" title_num="26" subtitle_num="04" chapter_num="06" heading="Treatment Facility.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The treatment process shall meet, at a minimum, the applicable requirements for Class A or B sewage sludge;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The sewage sludge to be marketed is free of liquid, with the presence of free liquid determined by</text>
        <paragraph num="(i)">
          <text>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</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A comparable test approved by the Department.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
</regulation>