Md. Code Regs. 26.04.06.31 - Storage Facility - Modifications, Material Alterations or Extensions
A. The Department
may modify a Sewage Sludge Utilization Permit to include a new condition as may
be required by a new law or regulation, to clarify permit conditions, or for
other good cause.
B. The Department
may modify a Sewage Sludge Utilization Permit or materially alter or extend a
storage facility upon request by the permittee if the following conditions are
met:
(1) The permittee submits to the
Department six completed copies of the Sewage Sludge Utilization Permit
application on a form provided by the Department, and all other required
information and forms as determined by the Department, with the application
including a description of the proposed modification, material alteration or
extension, and an explanation as to why it is needed;
(2) The permittee shall pay the Department a
nonrefundable fee in accordance with the following schedule:
(a) For a modification, $40; and
(b) For a material alteration or extension,
$130; and
(3) The
Department determines that the proposed modification, material alteration, or
extension is in compliance with the applicable requirements of this chapter and
will not cause an undue risk to the environment or public health, safety, or
welfare.
C. The
following are modifications to a Sewage Sludge Utilization Permit for a sewage
sludge storage facility:
(1) Modification to
the source or type of sewage sludge authorized for storage at the storage
facility;
(2) Modification to the
storage facility's operation plan;
(3) Modification to the storage facility's
water quality monitoring plans;
(4)
Modification to the closure and post-closure plan;
(5) Modification to the storage facility's
days or hours of operation if:
(a) The days
and hours of operation were not an issue of concern during the public hearing
process; and
(b) The permittee
provides the Department with a written statement from the local government
where the storage facility is located that the revised days and hours of
operations meet all zoning and local land use requirements of the county where
the storage facility is located;
(6) The permittee's name change; or
(7) Other modifications as determined by the
Department.
D. If the
Department considers a modification application complete and acceptable, the
Department may modify the Sewage Sludge Utilization Permit.
E. The following are material alterations or
extensions to the sewage sludge storage facility:
(1) Materially altering or extending the size
of the structures or buildings used for storage of sewage sludge;
(2) Change to the storage facility's days or
hours of operation if:
(a) The days and hours
of operation were an issue of concern during the public hearing process;
and
(b) The permittee provides the
Department with a written statement from the local government where the storage
facility is located that the revised days and hours of operations meet all
zoning and local land use requirements of the county where the storage facility
is located; or
(3) Other
material alterations or extensions as determined by the Department.
F. If the Department considers an
application for material alteration or extension complete and acceptable, the
Department may process the application in accordance with the requirements
under Regulation .29 of this chapter.
G. If the Department modifies a Sewage Sludge
Utilization Permit or materially alters or extends a storage facility, the
Department shall send notice of the modification, material alteration or
extension to the local health official and the local soil conservation district
in the county in which the Sewage Sludge Utilization Permit is issued by the
Department.
H. The Department may
deny an application to modify a Sewage Sludge Utilization Permit or materially
alter or extend a storage facility if the permittee is not in compliance with
the applicable requirements of this chapter or any of the terms or conditions
of the Sewage Sludge Utilization Permit or for other good cause as determined
by the Department.
Notes
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