1. A. Applicability.

   1. (1) This regulation applies to a composting facility that is not located at a farm.
   2. (2) Regulation .06 of this chapter establishes the permit requirements for a composting facility located at a farm.

2. B. Permits Required. Except as provided in §§C—E of this regulation and in Regulation .07 of this chapter, a person:

   1. (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. (2) Shall construct and operate the composting facility:

      1. (a) In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or

      2. (b) In accordance with the conditions of the general Composting Facility Permit after the responsible party has:

         1. (i) Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and
         2. (ii) Received a letter of acknowledgment from the Department.

3. 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. (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. (2) Is managed by State or local government and composts animal mortalities as part of roadway or other maintenance activities; or

   3. (3) Is a Tier 1 or Tier 2 Facility that:

      1. (a) At all times, uses no more than 5,000 square feet of area in support of composting operations; and

      2. (b) Except where a smaller pile size is required by local law:

         1. (i) Maintains any raw feedstock storage piles at a height of 9 feet or less; and
         2. (ii) Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less.

4. D. Tier 3 Facilities.

   1. (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. (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.

5. 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. (1) The composting facility operates under a refuse disposal permit issued under COMAR 26.04.07; and
   2. (2) The composting facility’s refuse disposal permit includes design and operational conditions specific to the composting activity.

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

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