.04 Waiver from the Food Residuals Diversion Requirement.

A. The Department may grant a waiver from the requirement to divert food residuals from final disposal in a refuse disposal system under Regulation .03 of this chapter if:

(1) A person demonstrates, in accordance with §D(2) of this regulation, undue hardship for the following reasons:

(a) The cost of diverting food residuals from a refuse disposal system is more than 10 percent more expensive than the cost of disposing the food residuals at a refuse disposal system; or

(b) For other reasonable circumstances as determined by the Department; or

(2) A person generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern.

B. Waiver Conditions.

(1) The Department may grant a waiver to a person for a period that is the shorter of the following:

(a) A period established by the Department not to exceed 12 months;

(b) If the waiver was granted for an undue hardship as described under §A(1) of this regulation, until an alternate organics recycling facility becomes available that is:

(i) Located within a 30-mile radius of the person subject to the waiver;

(ii) Capable of accepting and processing all of the person’s food residuals; and

(iii) Willing to enter into a contract to accept and process the person’s food residuals; or

(c) A period that ends upon the date of a notification that the Department had revoked a previously approved waiver.

(2) There is no limit to the number of times the Department may grant a person a waiver.

C. The application requirements established under §D of this regulation do not apply to a waiver requested by, or granted to, a person that generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern.

D. Application Procedures for Undue Hardship Waiver Requests.

(1) A person shall submit a written waiver request to the Department electronically, in a format required by the Department.

(2) A person shall include in a waiver request:

(a) A description of the basis for the waiver request;

(b) If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation:

(i) A list of all off-site organics recycling facilities located within a 30-mile radius of the person and a quote or other supporting documentation provided by each off-site organics recycling facility on the list detailing the cost to accept and process all of the person’s food residuals;

(ii) If owned or operated by an entity that is separate from one of the off-site organics recycling facilities described under §D(2)(b)(i) of this regulation, a quote or other supporting documentation provided by one or more recyclable materials haulers detailing the cost to collect and haul the person’s food residuals to an off-site organics recycling facility;

(iii) A quote or other supporting documentation provided by one or more refuse disposal systems detailing the cost to accept all of the person’s food residuals for final disposal; and

(iv) If owned or operated by an entity that is separate from the refuse disposal systems described under §D(2)(b)(iii) of this regulation, a quote or other supporting documentation provided by one or more solid waste haulers detailing the cost to collect and haul the food residuals to a refuse disposal system;

(c) Any other information considered necessary or required by the Department; and

(d) A certification that the information provided is true and correct to the knowledge of the person signing the waiver request.

(3) Reapplication for a Waiver.

(a) A person granted a waiver shall reapply for a waiver:

(i) At least 60 days before the end of the period for the current waiver term, or whenever an alternate organics recycling facility becomes available that meets the criteria in §B(1)(b) of this regulation, whichever occurs sooner; and

(ii) In accordance with the application procedures established under §D(1) and (2) of this regulation.

(b) If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation, a person shall include in the waiver request up-to-date versions of the documents listed under §D(2)(b) of this regulation, which shall be obtained by the person not earlier than 30 days before the waiver request is submitted to the Department.

E. Conditions for Approval, Denial, or Revocation of a Waiver.

(1) Notification of the Department’s Decision.

(a) The Department shall notify a person in writing of the Department’s decision to approve or deny a waiver request or to revoke a waiver previously approved by the Department.

(b) In a notification that a waiver request has been approved, the Department shall state the term of the waiver period.

(2) The Department may deny a waiver request or revoke a previously approved waiver if the Department determines:

(a) A violation of a requirement of this regulation, Regulation .03 of this chapter, or Environment Article, §9-1724.1, Annotated Code of Maryland, has occurred;

(b) False or inaccurate information or data was provided in an application for a waiver request; or

(c) Any other good cause exists for denying a waiver request or revoking an approved waiver.