<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.04.11.05" title_num="26" subtitle_num="04" chapter_num="11" heading="Permits Required.">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>This regulation applies to a composting facility that is not located at a farm.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Regulation .06 of this chapter establishes the permit requirements for a composting facility located at a farm.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Permits Required. Except as provided in §§C—E of this regulation and in Regulation .07 of this chapter, a person:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall construct and operate the composting facility:</text>
      <paragraph num="(a)">
        <text>In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In accordance with the conditions of the general Composting Facility Permit after the responsible party has:</text>
        <paragraph num="(i)">
          <text>Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Received a letter of acknowledgment from the Department.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is managed by State or local government and composts animal mortalities as part of roadway or other maintenance activities; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is a Tier 1 or Tier 2 Facility that:</text>
      <paragraph num="(a)">
        <text>At all times, uses no more than 5,000 square feet of area in support of composting operations; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Except where a smaller pile size is required by local law:</text>
        <paragraph num="(i)">
          <text>Maintains any raw feedstock storage piles at a height of 9 feet or less; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Tier 3 Facilities.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The composting facility operates under a refuse disposal permit issued under COMAR 26.04.07; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The composting facility’s refuse disposal permit includes design and operational conditions specific to the composting activity.</text>
    </paragraph>
  </paragraph>
</regulation>