<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".23" citation="COMAR 26.04.07.23" title_num="26" subtitle_num="04" chapter_num="07" heading="Processing Facilities.">
  <paragraph num="A.">
    <text>Permits.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Application for Permit.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Informed of any additional information which the Approving Authority may require; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Advised to proceed with the preparation of engineering plans and specifications.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A site plan designating the property boundaries and existing and proposed structures and roads;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A descriptive statement of processes to be used;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A description of:</text>
        <paragraph num="(i)">
          <text>Major items of equipment including manufacturer, type, model, capacity, and number of units;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Types and anticipated quantities of solid waste to be accepted;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Types of solid waste not to be accepted;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Areas of population to be served by the facility;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Measures to be taken to prevent or control ground or surface water pollution, explosions, and odors;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Methods of treating and disposing of liquid waste resulting from the operation;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Employee safety and sanitary facilities including the location of on-site sewage disposal systems;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>An operational and maintenance manual which identifies the operation in detail, including:</text>
        <paragraph num="(i)">
          <text>Periodic cleaning and maintenance;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The manner in which unacceptable wastes which may be delivered to the processing facility will be identified, segregated, and handled before final disposal; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Other contingency plans.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for a processing facility:</text>
    <paragraph num="(1)">
      <text>Buildings.</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The following activities may be conducted outdoors in areas and in a manner approved by the Department:</text>
        <paragraph num="(i)">
          <text>Composting or co-composting;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Separation or storage, or both, of white goods;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Tire storage or processing; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Other activities authorized by the Approving Authority.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Location. Location of the facility shall be adjacent to access roads which are:</text>
      <paragraph num="(a)">
        <text>Paved or surfaced; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provided with a base capable of withstanding anticipated load limits.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Cleanliness and Sanitation.</text>
      <paragraph num="(a)">
        <text>Facilities shall be maintained in a clean and sanitary condition.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Plumbing shall be properly maintained and floors shall be well drained and free from standing water.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Solid waste not actually being processed shall be confined to the unloading area.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Equipment. Macerators, hammer mills, and grinders shall be cleanable and shall be equipped with drains which connect to a sanitary sewer system or equivalent.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Requirements for Composting Plants. The following are additional requirements for composting plants:</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Periodic Reports to Approving Authority.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Quantities and disposition of processed material and residues from processing facilities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Approving Authority may impose other reporting requirements considered necessary.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proof that the facility is consistent with the approved county comprehensive solid waste management plan.</text>
    </paragraph>
  </paragraph>
</regulation>