1. A. The Department may not issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility until:

   1. (1) The storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located;
   2. (2) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

   3. (3) The person has provided evidence showing that the structure meets:

      1. (a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or
      2. (b) An equivalent standard as determined by a professional engineer;

2. B. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §A(3) of this regulation continue to be met may include:

   1. (1) A visual inspection of the storage facility by the Department; and
   2. (2) Other evidence determined by the Department.

3. C. The Department may issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility if the applicant demonstrates that the following conditions and requirements will be met:

   1. (1) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

   2. (2) The person has provided evidence showing that the structure meets:

      1. (a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or
      2. (b) An equivalent standard as determined by a professional engineer.
   3. (3) The storage facility is designed, constructed, and operated to safely store food processing residuals in a manner that will not cause an undue risk to the environment, public health, or welfare as may be determined by the Department;
   4. (4) Public access to the storage facility shall be controlled;
   5. (5) Any other conditions required by the Department to protect the public health and the environment.

4. D. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §C(2) and (4) of this regulation continue to be met may include:

   1. (1) A visual inspection of the storage facility by the Department; and
   2. (2) Other evidence determined by the Department.

Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland

Effective date:

Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)