1. A. As a requirement for maintaining a Sewage Sludge Utilization Permit, the permittee shall:

   1. (1) Comply with the applicable State laws and regulations and with the terms and conditions of the Sewage Sludge Utilization Permit;
   2. (2) Maintain a performance bond, liability insurance, or other form of security as required in Regulation .10 of this chapter;
   3. (3) Allow authorized State and local health officials to conduct inspections as required in Regulation .04 of this chapter; and
   4. (4) Provide any other information that may be requested by the Department.
2. B. Except for a Sewage Sludge Utilization Permit to apply sewage sludge on an agricultural or marginal land or to conduct a research project, the Department may issue a Sewage Sludge Utilization Permit for a term not to exceed 10 years. For a Sewage Sludge Utilization Permit to apply sewage sludge on an agricultural or marginal land or to conduct a research project, the Department may issue a Sewage Sludge Utilization Permit for a term not to exceed 5 years.

3. C. Except for Sewage Sludge Utilization Permits for a sewage sludge storage or distribution facility, the Department may renew a Sewage Sludge Utilization Permit if:

   1. (1) The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit;
   2. (2) The permittee submits to the Department two calendar weeks before the expiration date of the current Sewage Sludge Utilization Permit or in accordance with the time specified in the current Sewage Sludge Utilization Permit four completed copies of the Sewage Sludge Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department;
   3. (3) The permittee pays the Department the required renewal application fee; and
   4. (4) The sewage sludge generator has paid the fee required in Regulation .08 of this chapter.

4. D. For Sewage Sludge Utilization Permits for a sewage sludge storage or distribution facility, the Department may renew a Sewage Sludge Utilization Permit if:

   1. (1) The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Sewage Sludge Utilization Permit;
   2. (2) The permittee submits to the Department two calendar weeks before the expiration date of the current Sewage Sludge Utilization Permit or in accordance with the time specified in the current Sewage Sludge Utilization Permit six completed copies of the Sewage Sludge Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department;
   3. (3) The permittee pays the Department the required renewal application fee; and
   4. (4) The sewage sludge generator has paid the fee required in Regulation .08 of this chapter.

5. E. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage or distribution facility to:

   1. (1) The chairman of the legislative body and any elected executive of the county and municipal corporation where the storage or distribution facility is to be installed, materially altered or materially extended; and
   2. (2) The chairman of the legislative body and any elected executive of any other county within 1 mile from the location where the storage or distribution facility is to be installed, materially altered or materially extended.
6. F. For the renewal of a Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage or distribution facility, the Department shall publish a notice of application received and a public hearing. The Department shall comply with the requirements for public participation in the permitting process in Environment Article, Title 1, Subtitle 6, and §9-234.1, Annotated Code of Maryland.
7. G. If the Department considers a renewal application complete and acceptable, the Department may renew the Sewage Sludge Utilization Permit.
8. H. The Department may deny a renewal application if the permittee is not in compliance with the applicable State laws and regulations or any of the terms or conditions of the Sewage Sludge Utilization Permit that is subject to renewal.

Authority: Environment Article, Title 1, Subtitle 6, and Title 9, Subtitle 2, Part III, Annotated Code of Maryland

Effective date: August 4, 1976 (3:16 Md. R. 852)

Regulations .01—.06 amended effective August 3, 1981 (8:15 Md. R. 1307)

Chapter, Uses and Methods of Collection, Handling, Burning, Storage, Transportation, Processing or Distribution of Sewage Sludge, Processed Sludge, or Any Other Product Containing These Materials, repealed effective November 3, 1986 (13:22 Md. R. 2399)

Annotation: COMAR 10.17.10 cited in Attorney General Opinion No. 84-005 (January 31, 1984)

Regulations .01—.14, Sewage Sludge Management, adopted effective November 3, 1986 (13:22 Md. R. 2399)

Chapter recodified from COMAR 10.17.10 to COMAR 26.04.06

Regulation .01 amended effective December 10, 1990 (17:24 Md. R. 2837)

Regulation .02B amended effective December 10, 1990 (17:24 Md. R. 2837)

Regulation .03A amended effective December 10, 1990 (17:24 Md. R. 2837)

Regulation .04C amended effective December 10, 1990 (17:24 Md. R. 2837)

Regulation .09 amended effective December 11, 1989 (16:24 Md. R. 2621)

Regulation .09A amended effective April 25, 1994 (21:8 Md. R. 675); August 15, 1994 (21:16 Md. R. 1391); May 15, 2000 (27:9 Md. R. 859)

Regulation .13A amended effective December 10, 1990 (17:24 Md. R. 2837)

Regulation .13E amended effective December 10, 1990 (17:24 Md. R. 2837); September 27, 1993 (20:19 Md. R. 1472)

Regulation .13F adopted effective December 11, 1989 (16:24 Md. R. 2621)

Regulation .15 adopted effective December 10, 1990 (17:24 Md. R. 2837)

Regulations .01—.15 repealed and new Regulations .01—.75 adopted effective May 26, 2014 (41:10 Md. R. 562)