Md. Code Regs. 26.04.11.15

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

Section 26.04.11.15 - Pilot and Research Projects

A. 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.

B. 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:

(1) 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;

(2) Perform academic research or conduct testing related to composting;

(3) Address a one-time, seasonal, or temporary need for processing a specific material that the composting facility is not currently authorized to accept; or

(4) Further any other valid pilot or research purpose, as determined by the Department.

C. Request for Approval.

(1) 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.

(2) A person requesting pilot or research project approval shall submit the information required by the Department, including:

(a) A description of the activity to be conducted, including the types and quantities of feedstocks to be used;

(b) A statement identifying the provisions of this chapter, the Composting Facility Permit, or the CFOP from which the activity would require deviation;

(c) The purpose of the proposed pilot or research project; and

(d) The proposed length of time needed to conduct the activity.

D. 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.

E. The Department may issue approval with conditions, including, but not limited, to additional monitoring, recordkeeping, and reporting requirements.

F. Contested Case Hearing.

(1) 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.

(2) 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.

G. Duration of Approval.

(1) 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.

(2) The permittee may apply for extension of an approval for subsequent periods with a maximum duration of 1 year each.

(3) The approval shall become effective when:

(a) The Department has issued a written determination granting the request for approval;

(b) 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

(c) The composting facility for which the approval is requested has obtained any other permits or approvals required by State, local, or federal law.

H. Effect of Approval.

(1) 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.

(2) The approval does not otherwise change the effect or term of the Composting Facility Permit.

I. 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.

Md. Code Regs. 26.04.11.15

Regulation .15 adopted effective 42:12 Md. R. 763, eff.7/1/2015