Md. Code Regs. 26.04.06.41

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.04.06.41 - Agricultural Land - Modifications of a Sewage Sludge Utilization Permit

A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.

B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department four completed copies of the Sewage Sludge Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed;

(2) The permittee pays the Department a nonrefundable Sewage Sludge Utilization Permit modification fee in accordance with the following schedule:

(a) For a minor modification, $40; and

(b) For a major modification, $130; and

(3) The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare.

C. The following are minor modifications to a Sewage Sludge Utilization Permit for agricultural land application of sewage sludge:

(1) Addition of sewage sludge from the same approved source that has received a different treatment than the approved sewage sludge;

(2) Modification to the site's operation plan;

(3) Addition of a crop or cover crop;

(4) Adjustment of approved maximum nitrogen per acre requirements for a different crop or cover crop;

(5) The permittee's name change; or

(6) Other modification as determined by the Department.

D. The following are major modifications to a Sewage Sludge Utilization Permit for agricultural land application of sewage sludge:

(1) Addition of a new sewage sludge source or type to be applied;

(2) Increase in the size of the permitted acreage; or

(3) Other modifications as determined by the Department.

E. If the Department considers a modification application complete and acceptable, the Department may modify the Sewage Sludge Utilization Permit.

F. If the Department modifies a Sewage Sludge Utilization Permit, the Department shall send notice of the modification to the local health official and the local soil conservation district in the county in which the Sewage Sludge Utilization Permit is issued by the Department.

G. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Sewage Sludge Utilization Permit or for other good cause as determined by the Department.

Md. Code Regs. 26.04.06.41

Regulations .41 adopted effective 41:10 Md. R. 562, eff.5/26/2014