<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".37" citation="COMAR 26.04.06.37" title_num="26" subtitle_num="04" chapter_num="06" heading="Agricultural Land.">
  <paragraph num="A.">
    <text>The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on agricultural land if the following requirements are met:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The sewage sludge meets one of the following criteria:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>No constituent in the sewage sludge exceeds the constituent concentration for the constituent listed in Table 3 of Regulation .05B(3) of this chapter;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Sewage sludge may not be applied on agricultural land unless:</text>
    <paragraph num="(1)">
      <text>The sewage sludge has been classified by the Department as Class A sewage sludge; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The sewage sludge has been classified by the Department as Class B sewage sludge and the requirements of §D of this regulation are met.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Class B sewage sludge may be applied on agricultural land only if the following requirements are met:</text>
    <paragraph num="(1)">
      <text>The requirements of §A(1)—(5) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Requirements concerning minimum buffer distances, as follows:</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Table 1 — Minimum Buffer Distances</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>Using a soil test pit or an auger boring for each applicable soil mapping unit; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Demonstrating compliance within 7 days before land application;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>For agricultural land located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, sewage sludge:</text>
        <paragraph num="(i)">
          <text>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</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Except as otherwise prohibited by law, the Department may modify the minimum buffer distances established in §D(2)(b) of this regulation as follows:</text>
        <paragraph num="(i)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Bulk sewage sludge may not be applied to a public contact site;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Requirements concerning slope, as follows:</text>
      <paragraph num="(a)">
        <text>Unless modified by the Department in accordance with §D(4)(b) of this regulation, the following requirements concerning slope shall be met:</text>
        <paragraph num="(i)">
          <text>The sewage sludge may not be applied on a slope that is greater than 15 percent;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Liquid sewage sludge may be subsurface injected on a slope that is up to 15 percent; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Sewage sludge may not be applied when:</text>
      <paragraph num="(a)">
        <text>The soil is saturated;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The ground is flooded, ponded, frozen or covered with snow; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Weather conditions prevent compliance with the requirement to incorporate the sewage sludge into the soil;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The timing of sewage sludge land application shall be in accordance with the requirements of COMAR 15.20.08;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Areas where sewage sludge is to be applied shall be clearly marked with stakes or other markers before the application of the sewage sludge;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Sites shall be contour plowed, if required by the Department;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The location, size, content, and number of the signs are as specified by the Department;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The signs are maintained, promptly repaired, or replaced if they are removed or damaged so as to render any of the information illegible;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>When sewage sludge is applied to forage grasses, the grass shall be cropped or closely grazed immediately before sewage sludge land application;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Food crops harvested off sewage sludge land application sites shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Feed crops or fiber crops may not be harvested for 30 days after application of sewage sludge; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>Trucks, tires and vehicle undercarriages shall be cleaned on the site to prevent drag-out of soil or sewage sludge onto public roads.</text>
    </paragraph>
  </paragraph>
</regulation>