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<regulation prefix="Regulation" num=".17" citation="COMAR 26.04.06.17" title_num="26" subtitle_num="04" chapter_num="06" heading="Composting Facility.">
  <paragraph num="A.">
    <text>The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility until:</text>
    <paragraph num="(1)">
      <text>The composting facility meets all zoning and local land use requirements of the county where the composting facility is to be located; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The composting 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 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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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:</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; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The sewage sludge does not contain free 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 USEPA 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="C.">
    <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>
</regulation>