Except as otherwise provided, these regulations apply to those engaged in the construction and operation of natural wood waste recycling facilities. In this chapter, the following terms have the meanings indicated. Terms Defined. “Composting” means the process in which natural wood waste is aerobically decomposed under controlled conditions to yield a humus-like product. “Department” means the Maryland Department of the Environment. “Facility structures” means any buildings and sheds or utility or drainage lines on the facility. Natural Wood Waste. “Natural wood waste” means tree and other natural vegetative refuse. “Natural wood waste” includes tree stumps, brush and limbs, root mats, logs, leaves, grass clippings, unadulterated wood wastes, and other natural vegetative materials. Natural Wood Waste Recycling Facility. “Natural wood waste recycling facility” means a facility where recycling services for natural wood waste are provided. “Natural wood waste recycling facility” does not include a collection or processing facility operated by a: Nonprofit or governmental organization located in the State; or Single individual or business that provides recycling services solely for its own employees or for its own recyclable materials generated on its own premises. Processing. “Processing” means any combination of steps or operations which: Reduce or alter the volume of a natural wood waste; or Alter the chemical, biological, or physical characteristics of natural wood waste. “Processing” includes composting and chipping of natural wood waste. “Recyclable materials” means those materials that: Would otherwise become solid waste for disposal in a refuse disposal system; and May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Recycling services” means the services provided by those engaged in the business of recycling, including the collection, processing, storage, purchase, sale, or disposition of recyclable materials. “Responsible party” means: An owner or officer of a company; A manager in charge of a principal business function; or Any other person who performs similar policy or decision-making functions. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility or allowing continued operation under a general permit, shall consider all material required under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in natural wood waste recycling in a manner which will likely: Create a nuisance; Be conducive to insect and rodent infestation or the harboring of animals; Cause a discharge of constituents derived from natural wood waste into the air unless otherwise permitted by the Department; Cause a discharge of constituents derived from natural wood waste to waters of this State unless otherwise permitted by the Department; Harm the environment; or Create other hazards to the public health, safety, or comfort as may be determined by the Department. Specific Prohibited Acts. A person may not operate a natural wood waste recycling facility in this State except in accordance with the provisions of these regulations. A natural wood waste recycling facility may accept only natural wood waste. A person may not burn wood waste at a natural wood waste recycling facility except as permitted by the Department. Permits Required. Unless excepted under the provisions of §B of this regulation, a person: May not operate a natural wood waste recycling facility in the State after July 1, 1992, without a permit issued by the Department under these regulations; and Shall operate the facility: Under the conditions of an individual permit issued by the Department; or In accordance with the conditions of the general permit after the responsible party has: Submitted a Notice of Intent (NOI) in accordance with Regulation .11 of this chapter, and Received a letter of acknowledgment from the Department. Exception. A permit issued under these regulations is not required for a natural wood waste recycling facility when the operator is required to obtain a permit under Environment Article, §9-204, Annotated Code of Maryland. Requirements for Application. An applicant for a natural wood waste recycling facility shall submit a permit application to the Department. The application shall include: A description of the project for which approval is requested, including how the requirements in Regulation .07 of this chapter shall be met; A description of all other applicable permits required under local, State, or federal statutes; A marketing plan and strategy for the product or products produced at the facility; and Copies of plans and engineering reports as described in §B of this regulation. If there is any reason for summary disapproval of the proposed project, the Department shall notify the applicant in writing and advise the applicant of the proper appeal procedures. The applicant shall submit 11 complete sets of the application to the Department. Plans and Specifications. The applicant shall submit plans and engineering reports covering the proposed project to the Department as part of the application. The information contained in these plans and reports shall include: A map showing the specific location and land use within 1/2 mile of the boundaries of the proposed facility; Drawings of on-site buildings and other facility structures showing type of construction, layout, and dimensions; A topographic map of the site that identifies slopes greater than 25 percent, floodplains, wetlands, and aquifer recharge areas; Drawings showing unloading, product storage, equipment storage, and processing areas; A site plan designating the property boundaries, existing and proposed facility structures, and roads; A descriptive statement of processes and technology to be used; A description of the following: Major items of equipment including manufacturer, type, model, capacity, and number of units, Types and anticipated quantities of natural wood waste to be accepted and processed daily, Types of natural wood waste that are not accepted, Means by which quantities of materials entering, processed, and leaving the facility are determined, Geographic areas to be served by the facility, Measures that shall be taken to prevent or control ground or surface water pollution, explosions, odors, noise, dust, litter, vectors, and other nuisances, Methods of controlling runoff from unloading, storage, and processing areas, A description of soil types and depth, Employee safety and sanitary facilities including the location of on-site sewage disposal and water supply systems, Number and types of employees, and Hours of operation; An operations and maintenance manual which identifies the operation in detail, including: Periodic cleaning and maintenance, The methods for handling unacceptable wastes delivered to the processing facility, including how they shall be identified, segregated, and handled before final disposal, Employee safety training requirements, Procedures for recording and reporting incidents of noncompliance with this chapter, Methods used to prevent mud, soil, and debris from the facility from entering public roadways, and Other contingency plans; An erosion and sediment control plan that meets the requirements of COMAR 26.09.01 and has been approved by the local soil conservation district or appropriate approving authority; A grading permit as required by the local jurisdiction; A description of site security and access control; An approved and bonded stormwater management plan as required by the local jurisdiction; and An emergency preparedness manual. Term of License. A natural wood waste recycling facility license shall be issued for a term of 5 years. The Department shall distribute the applications submitted to each of the following: The governing body, the county executive, or both, of a county or municipality in which the activity is proposed; Local operating agency responsible for solid waste and recycling management; Local health or environmental official; Department of Natural Resources; Appropriate soil conservation district; U.S. Army Corps of Engineers; State Highway Administration; State Fire Marshal's Office; and Local fire marshal. The Department shall invite each person receiving a copy of the application and supporting information to inspect the proposed site and submit comments to the Department within 30 days of receipt of the report. Application Review. After submission of a completed application for a natural wood waste recycling facility, the applicant shall: Give notice of the application, within 30 days of the submittal, in a newspaper that publishes regularly and has a general circulation in the Maryland county where the proposed facility is to be located; Ensure that the notice in §C(1) of this regulation: Has the content and format acceptable to the Department, States the location of the facility and the type and quantity of natural wood waste intended to be processed, Advises persons of their right to comment to the Department on the application; and Provide to the Department evidence of publication of the public notice required by this regulation. Buildings, Screens, or Buffers. In order to ensure compliance with Regulation .03A(1) of this chapter, the Department may require that the natural wood waste recycling facility conduct processing activities involving unloading, separation, reduction, or alteration in one or more of the following ways: In an enclosed building; Screened from adjoining properties; or Buffered from adjoining properties at a distance determined by the Department. Processing Conditions. Processing areas shall be located at least 50 feet from any property line. Markets for the raw material or products produced by the natural wood waste recycling facility shall be identified and available before processing. Aerobic conditions shall be maintained and controlled during composting of vegetative materials. Access Roads. A natural wood waste recycling facility shall have an all-weather access road negotiable by emergency vehicles, loaded delivery vehicles, or other vehicle transportation from the entrance gate of the facility to loading and unloading areas. Environmental Protection. A natural wood waste recycling facility shall control dust resulting from the operation at all times. The facility shall confine all wood waste to approved unloading, processing, or storage areas at the facility. Supervision. A natural wood waste recycling facility shall operate under the direct supervision and control of a responsible individual. The individual supervising shall be present at all times during the operation of the facility. Emergency Preparedness Manual. The facility shall have a written emergency preparedness manual that is: Maintained at the facility at all times; and Submitted to the Department with its natural wood waste recycling facility permit application or NOI to operate under the conditions of the general permit. Once the manual is accepted by the Department, the manual becomes part of the permit. The natural wood waste recycling facility shall update its emergency preparedness manual: If a change in the operations of the natural wood waste recycling facility occurs; If the Department requires a change; or If the Department requests an update. This emergency preparedness manual shall, at a minimum, contain: A list of names and telephone numbers of the persons to contact in the event of a fire, flood, or other emergency involving the facility; A list of emergency response equipment present at the facility or available for use at the facility, the location of the equipment, and how the equipment shall be used in the event of a fire or other emergency; The procedures facility personnel shall follow from discovery of an emergency until the situation is corrected, including the measures to minimize the occurrence, recurrence, or spread of fires, explosions, and releases; The location of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for fire fighting purposes; Provision for reporting emergency situations to the Department without delay; and Provision for familiarizing all employees with the requirements of the emergency preparedness manual. Any changes shall be reported in writing to the Department within 30 days of occurrence. Cleanliness and Sanitation. A natural wood waste recycling facility shall maintain clean and sanitary conditions on the site. A natural wood waste recycling facility shall confine natural wood waste to designated storage areas when not being processed. A natural wood waste recycling facility shall control accumulations of natural wood waste in a manner that minimizes odors and nuisances and prevents infestation by insects, rodents, or other vectors. Fire Control. A natural wood waste recycling facility shall store natural wood wastes indoors or outdoors in accordance with the requirements of the State Fire Marshal's Office. The permittee shall provide appropriate on-site fire control equipment in addition to additional fire-fighting equipment made available through prior arrangements with the local fire department. Information Posted. A natural wood waste recycling facility shall post a statement of the days and hours of operation at the entrance of the facility. Personnel and Equipment. A natural wood waste recycling facility shall maintain adequate personnel and equipment on site at all times to ensure the proper operation and prompt attention to correct problems associated with the construction and maintenance of the facility. Access Control. A natural wood waste recycling facility shall control access to the facility at all times and adequately close entrances when the site is not in operation. Annual Report. A natural wood waste recycling facility shall submit an annual report in writing to the Department concerning the status of the natural wood waste recycling facility for each year the facility is in use. The facility shall submit the report in §A of this regulation by March 1 of each year for the preceding calendar year's data. The facility shall submit all required data on the form or in the format provided by the Department, and shall include in the data at least the: Quantity of natural wood waste received during each month of the preceding 12 months by volume and weight, indicating the county in which each quantity of material is generated; Quantities of processed material and residues produced by the processing activities during each month of the preceding 12 months, by volume and weight; and Quantities of processed material and residues removed from the facility during each month of the preceding 12 months, by volume and weight. Other Reporting Requirements. The Department may impose other reporting requirements considered necessary. The owner, operator, or person proposing to construct or currently operating a natural wood waste recycling facility may apply to the Department for a variance from one or more of the provisions of these regulations. A natural wood waste recycling facility may seek a variance for design or operation and maintenance requirements, or both; The Department shall grant a variance when the design or method of operation proposed in the variance application shows, to the satisfaction of the Department, that the facility operations will conserve and protect the public health, natural resources, and environment of the State, and control air, water, and land pollution to at least the same extent as would be obtained by compliance with these regulations. Requests for a variance shall supply the information required by the Department, including: The nature and location of the natural wood waste recycling facility; The reasons for which the variance is required, including the economic, technological, and environmental justification; and Other relevant information the Department may require in order to make a determination regarding the application. The Department shall make a determination to either grant or deny the variance. If the variance request is denied, the Department shall inform the applicant in writing of the basis of the denial and the procedures for appeal of the determination. The provisions of the general permit are not subject to variance. Suspension or Revocation of Permits. The Department may issue an order or revoke or temporarily suspend an individual permit or authorization to operate under the general permit for failure of the holder or responsible party to comply with: The requirements of these regulations; The requirements of the permit; A corrective order issued by the Department; or The requirements of other applicable State laws and regulations. After written notification of a violation by the Department which provides the permittee an opportunity for a hearing, and if no immediate or substantial hazard to the public health or the environment exists, the Department may suspend or revoke an individual permit or authorization to operate under the general permit if the permit holder or responsible party has failed to correct any violation of applicable law, this chapter, or the requirements of the permit. Whenever the Department finds conditions which, in the Department's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Department may issue a written notice to the permit holder or responsible party without warning, prior notification, or hearing. This notice shall: Cite those conditions; Specify the remedial and corrective actions to be taken; Specify the time period within which the action shall be taken; and If necessary, state that the permit or authorization to operate under the general permit is immediately discontinued. Within 10 days after being served with an order suspending or revoking the permit or authorization to operate under the general permit, the person served may request in writing a hearing before the Department. Unless the person who has been served with an order suspending or revoking a permit or authorization to operate under the general permit makes a timely request for a hearing under §A(4) of this regulation, the order is a final order. Reinstatement of Suspended Permits or Authorization to Operate Under the General Permit. A person whose permit or authorization to operate under the general permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit or authorization to operate under the general permit. Following receipt of a written request, including a statement signed by the permittee that the deficiencies which caused suspension have been corrected, the Department shall make a reinspection. If the permittee is complying with the requirements of the permit and these regulations, the Department shall reinstate the permit or authorization to operate under the general permit. Inspections. General. The Department shall inspect the natural wood waste recycling facilities permitted under this chapter, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations. Right of Entry. A natural wood waste recycling facility shall allow an agent of the Department, after presenting proper identification, to enter the buildings, structures, and premises owned by a person supplying natural wood waste recycling services, and to enter private property for the purpose of collecting samples, records, and information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are being obeyed. Submission of a Notice of Intent signifies that the signatory party intends to be authorized to operate a natural wood waste recycling facility. Becoming a permittee under the general permit obligates the person or business entity, or both the person and business entity, to comply with the terms and conditions of the general permit. Coverage under the general permit does not affect the length of the original term under a previously issued individual permit. The NOI shall be signed by a responsible party and shall be sent by certified mail. A person signing an NOI shall certify that the facility is in compliance with the conditions of the general permit. A permittee may participate in the general permit for a maximum period of 5 years from the date of the letter of acknowledgment issued by the Department after receipt of the NOI. A permittee or responsible party wishing to renew its participation in the general permit shall submit a Notice of Intent to renew the coverage under the general permit 14 days before the expiration of that 5-year period. Effective Date of Coverage. Authorization to operate a natural wood waste recycling facility is effective on the date the Department acknowledges receipt of the Notice of Intent. Authorization expires 5 years after the date of the acknowledgment of receipt by the Department unless: A renewal NOI is submitted 14 days before the expiration date; or The permittee notifies the Department of its intent to cease operating before the expiration date of its participation in the general permit. A permittee ceasing operations shall notify the Department of its intent to do so. Transfer of Ownership. Participation in the general permit: Is not transferable; and Authorizes only the signatory party to operate the permitted facility. In the event of any change in control or ownership of the property, the permittee shall notify the succeeding owner by certified mail of the existence of the permit and of any outstanding permit noncompliance a minimum of 60 days before transfer. A copy of the notification shall be forwarded simultaneously to the Department. Environment Article, §§9-1701 and 9-1708, Annotated Code of Maryland Effective date: July 6, 1992 (19:13 Md. R. 1210) Chapter revised effective April 5, 1999 (26:7 Md. R. 546)