Section 9-230 - Regulations of Department.
§ 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.]