Section 9-230 - Regulations of Department. - Maryland Statutes

§ 9-230. Regulations of Department.
 

(a)  In general.-  

(1) The Department of the Environment shall adopt regulations to carry out this Part III of this subtitle. 

(2) The Department of the Environment may not adopt a regulation or part of a regulation that deals with the land application of sewage sludge without the approval of the Department of Agriculture. 

(b)  Considerations - In general.- In adopting regulations under this Part III and §§ 9-269 and 9-270 of this subtitle, the Department of the Environment shall consider: 

(1) Alternative utilization methods; 

(2) Pathogen control; 

(3) Advertising requirements for public hearings and public information meetings; 

(4) Performance bonds, liability insurance, or other forms of security; 

(5) Procedures for notifying units of local government and other interested parties; and 

(6) Adequate standards for transporting sewage sludge, including requirements for enclosing or covering sewage sludge during transportation. 

(c)  Considerations - Land application of sewage sludge.- In addition to the considerations under subsection (b) of this section, in adopting regulations for the land application of sewage sludge, the Department of the Environment shall consider: 

(1) Methods for calculating loading rates that: 

(i) Will assure nondegradation of the groundwater supply; and 

(ii) For agricultural land, shall be limited by the nutrient requirements of crop or cover vegetation, as recommended by the Department of Agriculture; 

(2) The crops that are to be grown on land on which sewage sludge may be applied; 

(3) The nature of any nearby surface water or groundwater; 

(4) The character of any affected area; 

(5) The character of nearby existing or planned land uses and transport routes; 

(6) The nearness of the land on which sewage sludge may be applied to sensitive areas, including flood plains, wetlands, and areas of critical concern; 

(7) The definitions of: 

(i) Sewage sludge that is unsuitable for application to agricultural land; 

(ii) Agricultural land; 

(iii) Marginal land; and 

(iv) Compost; 

(8) Acceptable cumulative loading rates, including rates for nitrogen and heavy metals; 

(9) Special requirements of land used for producing tobacco; and 

(10) Reasonable buffer areas to separate any home or other property from land on which sewage sludge may be applied. 

(d)  Generator's fees; fee schedules.-  

(1) The Department shall adopt regulations to establish a mechanism for determining annual generator's fees. 

(2) The regulations shall provide for public input into the development of fee schedules. 

(3) The fee schedules shall take into account: 

(i) The volume of sewage sludge generated by a sewage sludge generator; 

(ii) The method by which the sewage sludge is utilized; 

(iii) The anticipated costs of monitoring and regulating sewage sludge utilization sites; 

(iv) The anticipated needs of the State's Sewage Sludge Regulation Program; and 

(v) The potential hazard of the sewage sludge generator's activities to public health, safety, or welfare or to the environment. 
 

[HE § 9-210.1; 1987, ch. 306, § 16; ch. 612, § 2; 1988, ch. 6, § 11.]