1. A. Applicability. This regulation applies to a composting facility, regardless of whether the composting facility is required to obtain a Composting Facility Permit under this chapter.

2. B. General Restrictions. A person shall not engage in composting in a manner which will likely:

   1. (1) Create a nuisance;
   2. (2) Be conducive to insect and rodent infestation or the harborage of animals;
   3. (3) Cause nuisance odors or other air pollution in violation of COMAR 26.11.06 or involve construction of a source of air pollution subject to a permit to construct or operation of a source of air pollution subject to a permit to operate unless permitted under COMAR 26.11.02;
   4. (4) Cause a discharge of pollutants derived from organic materials or solid waste to waters of this State unless otherwise permitted by the Department;
   5. (5) Harm the environment; or
   6. (6) Create other hazards to the public health, safety, or comfort as may be determined by the Department.
3. C. The Department, in exercising its authority under these regulations with respect to granting or renewing permits, reviewing operations of a composting facility, or allowing operation under a general permit, may consider any documentation required under these regulations to evaluate whether any of the conditions described in §B of this regulation is likely to occur or has occurred.
4. D. A person may not own, construct, or operate a composting facility in this State except in accordance with these regulations.

Authority: Environment Article, §9-1725, Annotated Code of Maryland

Effective date: June 22, 2015 (42:12 Md. R. 763)