Md. Code Regs. 26.04.11.05

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

Section 26.04.11.05 - Permits Required

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.

Md. Code Regs. 26.04.11.05

Regulation .05 adopted effective 42:12 Md. R. 763, eff.7/1/2015