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<regulation prefix="Regulation" num=".07" citation="COMAR 26.04.11.07" title_num="26" subtitle_num="04" chapter_num="11" heading="Existing Composting Facilities.">
  <paragraph num="A.">
    <text>This regulation applies to composting facilities that began operations on or before July 1, 2015.</text>
  </paragraph>
  <paragraph num="B.">
    <text>On or before September 1, 2015, an existing composting facility that is required to obtain a Composting Facility Permit under Regulations .05 or .06 of this chapter shall submit an Existing Facility Notification to the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Existing Facility Notification required under §B of this regulation shall be submitted on a form provided by the Department and shall include at least:</text>
    <paragraph num="(1)">
      <text>The name and location of the composting facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Days and hours of operation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The name and contact information of the composting facility operator and the name of each operator certified by the Department of Agriculture under COMAR 15.18.04;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A brief description of the feedstocks currently accepted and their sources;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An estimate of the quantity of feedstocks accepted annually and the quantity of compost produced annually, in cubic yards;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The area, in square feet, that is used in support of composting operations; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Whether the compost is distributed off site.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An existing composting facility that has submitted a complete and timely Existing Facility Notification as required under §B of this regulation is not subject to the requirements in Regulations .05, .06 and .08—.16 of this chapter until January 1, 2017, if the following conditions are met:</text>
    <paragraph num="(1)">
      <text>The composting facility accepts only feedstocks that it accepted as of July 1, 2015 and that were described in the Existing Facility Notification, except that the sources of feedstocks may change if the nature and type of the material is substantially the same;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The composting facility accepts materials in quantities not exceeding the annual quantity reported in the Existing Facility Notification; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The composting facility does not engage in composting in a manner likely to cause any of the prohibited acts listed in Regulation .04B of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Nothing in this regulation shall be construed to prohibit the Department from enforcing any other law, regulation, or permit applicable to the existing composting facility.</text>
  </paragraph>
</regulation>