Plain Text Law

Regulation .05 Permits Required.

Regulation .05 Permits Required.Copy Citation

A.
Applicability.
(1)
This regulation applies to a composting facility that is not located at a farm.
(2)
Regulation .06 of this chapter establishes the permit requirements for a composting facility located at a farm.
B.
Permits Required. Except as provided in §§C—E of this regulation and in Regulation .07 of this chapter, a person:
(1)
May not cause, suffer, allow, or permit the construction or operation of a composting facility in the State without a permit issued by the Department under this chapter; and
(2)
Shall construct and operate the composting facility:
(a)
In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or
(b)
In accordance with the conditions of the general Composting Facility Permit after the responsible party has:
(i)
Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and
(ii)
Received a letter of acknowledgment from the Department.
C.
Exemptions. A Composting Facility Permit is not required for a composting facility that complies with the general restrictions in Regulation .04B of this chapter and:
(1)
Is located on a residential property and composts organic materials generated on the residential site, if the resulting compost is used on the residential site for personal, household, or family purposes;
(2)
Is managed by State or local government and composts animal mortalities as part of roadway or other maintenance activities; or
(3)
Is a Tier 1 or Tier 2 Facility that:
(a)
At all times, uses no more than 5,000 square feet of area in support of composting operations; and
(b)
Except where a smaller pile size is required by local law:
(i)
Maintains any raw feedstock storage piles at a height of 9 feet or less; and
(ii)
Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less.
D.
Tier 3 Facilities.
(1)
A person may not operate a Tier 3 Facility in the State without a permit issued by the Department under COMAR 26.04.06 or COMAR 26.04.07.
(2)
A Tier 3 Facility that operates under a permit issued under COMAR 26.04.06 or COMAR 26.04.07 is not required to obtain a Composting Facility Permit issued under this chapter.
E.
Composting Facilities Located at Solid Waste Acceptance Facilities. A Tier 1 or Tier 2 composting facility that is located at a solid waste acceptance facility, as defined in COMAR 26.04.07.02, is not required to obtain a Composting Facility Permit if:
(1)
The composting facility operates under a refuse disposal permit issued under COMAR 26.04.07; and
(2)
The composting facility’s refuse disposal permit includes design and operational conditions specific to the composting activity.