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CODE OF MARYLAND REGULATIONS
TITLE 26. DEPARTMENT OF ENVIRONMENT
SUBTITLE 04. REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE
CHAPTER 07. SOLID WASTE MANAGEMENT
Date:
08/31/2009
Document:
.23 Processing Facilities.
A. Permits.
(1) Permits Required. Unless excepted under the provisions of Sec. A(2), a person may neither construct or operate a processing facility, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun.
(2) Exceptions. Permits issued under this regulation are not required for processing facilities constructed and operated for private use located at schools, apartment houses, industries, hospitals, commercial establishments, individual residences, farms, and similar locations.
B. Application for Permit.
(1) Requirement for Application. An application for a permit under the provisions of Sec. A(1) shall be submitted to the Approving Authority. The application shall consist of a letter briefly describing the project for which approval is requested. If there is any reason for summary disapproval of the proposed project, the applicant shall be so notified in writing and advised on the proper appeal procedures. When practicable, within 60 days of receipt of a complete application, the applicant shall be:
(a) Informed of any additional information which the Approving Authority may require; or
(b) Advised to proceed with the preparation of engineering plans and specifications.
(2) Engineering Plans and Specifications. Eight complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. The information contained in these plans and reports shall include:
(a) A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility;
(b) Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas;
(c) A site plan designating the property boundaries and existing and proposed structures and roads;
(d) A descriptive statement of processes to be used;
(e) A description of:
(i) Major items of equipment including manufacturer, type, model, capacity, and number of units,
(ii) Types and anticipated quantities of solid waste to be accepted,
(iii) Types of solid waste not to be accepted,
(iv) Areas of population to be served by the facility,
(v) Measures to be taken to prevent or control ground or surface water pollution, explosions, and odors,
(vi) Methods of treating and disposing of liquid waste resulting from the operation,
(vii) Employee safety and sanitary facilities including the location of on-site sewage disposal systems;
(f) An operational and maintenance manual which identifies the operation in detail, including:
(i) Periodic cleaning and maintenance,
(ii) The manner in which unacceptable wastes which may be delivered to the processing facility will be identified, segregated, and handled before final disposal, and
(iii) Other contingency plans.
C. Application Review. The applications submitted shall be distributed as specified in Regulation .06C(1)(a)--(g), (j), and (k). A person receiving an application shall be asked to submit any comments within 30 days of receipt of the application.
D. General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for a processing facility:
(1) Buildings.
(a) With the exception of the operations listed in Sec. D(1)(b), processing activities involving the unloading, separation, reduction, or alteration shall be conducted in an enclosed building.
(b) The following activities may be conducted outdoors in areas and in a manner approved by the Department:
(i) Composting or co-composting;
(ii) Separation or storage, or both, of white goods;
(iii) Tire storage or processing; and
(iv) Other activities authorized by the Approving Authority.
(2) Location. Location of the facility shall be adjacent to access roads which are:
(a) Paved or surfaced; and
(b) Provided with a base capable of withstanding anticipated load limits.
(3) Access Roads. An all-weather access road negotiable by loaded collection vehicles or other vehicle transportation shall be provided from the entrance gate of the facility to loading and unloading areas.
(4) Environmental Protection. The facility shall be operated in a manner which prevents air, land, or water pollution, public health hazards, or nuisances. Dust resulting from the operation shall be controlled at all times. All solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the facility except in approved containers.
(5) Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience.
(6) Operational Plan. The facility shall have a written emergency operational plan to provide for an alternative waste handling system when the facility is inoperative. This plan shall delineate the procedures to follow in case of equipment breakdown which may require stand-by equipment, extension of operating hours, or diversion of solid waste to other facilities.
(7) Cleanliness and Sanitation.
(a) Facilities shall be maintained in a clean and sanitary condition.
(b) Plumbing shall be properly maintained and floors shall be well drained and free from standing water.
(c) Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.
(d) Solid waste not actually being processed shall be confined to the unloading area.
(e) Accumulations of solid waste shall be controlled in a manner as to minimize odors and nuisances and to prevent infestation by insects, rodents, or other vectors.
(8) Fire Control. Appropriate on-site fire control equipment shall be provided, and additional fire-fighting equipment shall be made available in emergencies through prior arrangements with the local fire department.
(9) Information Posted. A statement of the days and hours of operation shall be posted at the entrance of the facility, and access shall be limited to those times when authorized personnel are on duty.
(10) Equipment. Macerators, hammer mills, and grinders shall be cleanable and shall be equipped with drains which connect to a sanitary sewer system or equivalent.
(11) Tipping, Loading, and Unloading Areas. Waste tipping, loading, and unloading areas shall be constructed of impervious material which is readily cleanable. Drains shall be connected to a sanitary sewer system or other permitted treatment facility.
E. Requirements for Composting Plants. The following are additional requirements for composting plants:
(1) Residue. The product resulting from composting operations and offered for sale or distribution shall be non-pathogenic, free of offensive odors, biologically and chemically stable, and free of injurious components or particles.
(2) Cleanliness and Sanitation. Solid waste intended for composting shall be maintained in a condition free of insects, rodents, and offensive odors before, during, and after the composting operation. The plant shall be maintained in a clean and sanitary condition. Insects, rodents, or other vectors shall be controlled by appropriate measures.
F. Periodic Reports to Approving Authority.
(1) An annual written report shall be submitted to the Approving Authority concerning the status of the processing facility for each year the facility is in use. This report shall be submitted as specified in the permit and shall include the:
(a) Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons.
(b) Quantities and disposition of processed material and residues from processing facilities.
(2) The Approving Authority may impose other reporting requirements considered necessary.
G. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:
(1) A statement from the appropriate local government agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement.
(2) Proof that the facility is consistent with the approved county comprehensive solid waste management plan.
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