.06 On-Farm Composting Facilities Permits Required.
A. Applicability.
(1) This regulation applies to a composting facility located at a farm.
(2) Regulation .05 of this chapter establishes the permit requirements for a composting facility that is not located at a farm.
B. Permits Required. Except for an on-farm composting facility that qualifies for an exemption under §§CG of this regulation and except as provided in Regulation .07 of this chapter, a person:
(1) May not cause, suffer, allow, or permit the operation of an on-farm composting facility in the State without a permit issued by the Department under this chapter; and
(2) Shall construct and operate the composting facility:
(a) In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or
(b) In accordance with the conditions of the general Composting Facility Permit after the responsible party has:
(i) Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and
(ii) Received a letter of acknowledgment from the Department.
C. A Composting Facility Permit is not required for an on-farm composting facility, regardless of its size, if:
(1) The composting facility complies with the general restrictions in Regulation .04B of this chapter;
(2) The composting facility composts only organic materials generated on site or at another farm controlled by the same operator; and
(3) The compost is used for personal, household, family, or agricultural purposes at the farm where the composting facility is located or at a farm controlled by the same operator.
D. A Composting Facility Permit is not required for an on-farm composting facility that uses no more than 40,000 square feet of area in support of composting operations if the composting facility:
(1) Complies with the general restrictions in Regulation .04B of this chapter;
(2) By no later than January 1, 2017 for an existing composting facility, or before commencement of operations for a new composting facility, is constructed and operated in accordance with:
(a) A nutrient management plan, if required under COMAR 15.20.07; and
(b) Either:
(i) A soil conservation and water quality plan that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures to ensure that the requirements of Regulation .04B of this chapter are met; or
(ii) An agricultural waste management system plan that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures to ensure that the requirements of Regulation .04B of this chapter are met; and
(3) Composts only one or more of the following:
(a) Organic materials generated on site or at another farm controlled by the same operator;
(b) Animal manure and bedding, regardless of the place of generation; and
(c) Type 1 feedstocks, regardless of the place of generation.
E. A Composting Facility Permit is not required for an on-farm composting facility that uses no more than 5,000 square feet of area in support of composting operations if the composting facility:
(1) Is a Tier 1 or Tier 2 facility;
(2) Complies with the general restrictions in Regulation .04B of this chapter; and
(3) Except where a smaller pile size is required by local law:
(a) Maintains any raw feedstock storage piles at a height of 9 feet or less; and
(b) Maintains any active composting pile, curing, or finished compost piles at a height of 12 feet or less.
F. Emergency Exemption for Composting of Animal Mortalities. A Composting Facility Permit is not required for an on-farm composting facility that:
(1) Complies with the general restrictions in Regulation .04B of this chapter;
(2) Temporarily composts animal mortalities generated as a result of a non-routine, catastrophic die off; and
(3) Operates under the approval of and as directed by Maryland Department of Agriculture, in consultation with the Department.
G. Tier 3 Facilities.
(1) A person may not construct or 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) 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.
