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<regulation prefix="Regulation" num=".15" citation="COMAR 26.04.11.15" title_num="26" subtitle_num="04" chapter_num="11" heading="Pilot and Research Projects.">
  <paragraph num="A.">
    <text>A person may apply for approval to conduct a pilot or research project at a composting facility permitted under this chapter if the project would require the composting facility to temporarily deviate from one or more provisions of this chapter, the general or individual Composting Facility Permit, or the Composting Facility Operations Plan submitted with the NOI or permit application.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Activities Eligible for Approval. To be eligible for pilot or research approval the project must be temporary and serve a pilot or research purpose, including to:</text>
    <paragraph num="(1)">
      <text>Plan for or assess the feasibility of establishing a Tier 2 Facility by accepting limited quantities of Type 2 feedstocks at a permitted Tier 1 Facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Perform academic research or conduct testing related to composting;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Address a one-time, seasonal, or temporary need for processing a specific material that the composting facility is not currently authorized to accept; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Further any other valid pilot or research purpose, as determined by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Request for Approval.</text>
    <paragraph num="(1)">
      <text>A request for approval for a pilot or research project may be made at the time of application for the Composting Facility Permit or at any time during the term of the permit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person requesting pilot or research project approval shall submit the information required by the Department, including:</text>
      <paragraph num="(a)">
        <text>A description of the activity to be conducted, including the types and quantities of feedstocks to be used;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement identifying the provisions of this chapter, the Composting Facility Permit, or the CFOP from which the activity would require deviation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The purpose of the proposed pilot or research project; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The proposed length of time needed to conduct the activity.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Department shall make a determination, in writing, to either grant or deny the requested approval. If the request is denied, the Department shall inform the applicant in writing of the basis for the denial and the procedures for appeal of the determination.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Department may issue approval with conditions, including, but not limited, to additional monitoring, recordkeeping, and reporting requirements.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Contested Case Hearing.</text>
    <paragraph num="(1)">
      <text>An applicant shall have an opportunity for a hearing on a denial of approval or any condition of approval, if the applicant files a written request with the Department within 10 calendar days of receipt of the notice of denial or approval with conditions.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Duration of Approval.</text>
    <paragraph num="(1)">
      <text>Approval for pilot or research activities shall be limited in duration, as specified in the approval issued by the Department, with a maximum duration of 1 year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The permittee may apply for extension of an approval for subsequent periods with a maximum duration of 1 year each.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The approval shall become effective when:</text>
      <paragraph num="(a)">
        <text>The Department has issued a written determination granting the request for approval;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The composting facility for which the approval is requested has been issued a Composting Facility Permit or is covered under the general Composting Facility Permit; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The composting facility for which the approval is requested has obtained any other permits or approvals required by State, local, or federal law.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Effect of Approval.</text>
    <paragraph num="(1)">
      <text>The approval operates as a temporary variance from only those provisions of this chapter, the general or individual Composting Facility Permit, or the CFOP that are specified in the approval. The temporary variance does not affect the application of other local, State and federal laws.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The approval does not otherwise change the effect or term of the Composting Facility Permit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>The Department may rescind the approval if it finds that the composting facility has violated any of the general restrictions listed in Regulation .04B of this chapter or for other good cause.</text>
  </paragraph>
</regulation>