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§ 52.15 PERMIT REQUIRED; EXEMPTIONS.
   (A)   Except as exempted in division (B) of this section, no person may establish, operate, maintain or use any land, structure or site within Garrett County for sewage sludge disposal without first having obtained a permit from the Garrett County Health Department in accordance with this regulation.
   (B)   Exemptions:
      (1)   A person holding a valid permit from the Garrett County Health Department for the business of cleaning of residential septic tanks is not required to obtain a permit under this regulation.
      (2)   A wastewater treatment works that produces on a yearly average not more than 10 dry tons per month of sewage sludge and receives no significant hazardous waste material or heavy metals is exempt, provided that the Garrett County Health Department may require a permit to be obtained if after testing and/or an investigation the Department shows that there is a probable source of hazardous waste or heavy metals discharging into the wastewater treatment plant.
(1986 Code, § 253-7) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.16 APPLICATION FOR PERMIT.
   (A)   Except as exempted above, every person proposing to dispose of sewage sludge shall apply for a county sewage sludge disposal permit. The application shall:
      (1)   Be made on the form supplied by the county;
      (2)   Include all information and samples required by § 52.17;
      (3)   Be signed by the applicant or the authorized agent of the applicant, certifying that all site development and operations will be done in accordance with the approved permit;
      (4)   Be accompanied by a grading and sediment control plan, if required by the county grading permit ordinance;
      (5)   Be accompanied by the application fee specified in § 52.22.
   (B)   Four copies of the completed application form shall be submitted to the Department. A copy of all documents will be available at County Environmental Health Offices for public review and inspection.
(1986 Code, § 253-8) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.17 REQUIRED INFORMATION AND SAMPLES.
   The applicant shall submit all information required by the Department for complete review to determine that the proposed method of disposal is appropriate to the site. Because of the complexity of the factors involved, prospective applicants are encouraged to consult informally with the Department for advance determination of these data requirements, which may include (without being limited to):
   (A)   A narrative description and site plan indicating method and schedule of operations;
   (B)   Samples of soil from 1 or more locations on the site;
   (C)   Samples of the treatment plant’s sewage sludge from 1 or more time periods.
(1986 Code, § 253-9) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.18 REVIEW OF APPLICATION.
   (A)   As promptly as possible, the Department shall review the application materials and inform the applicant if additional information is necessary for completing the review.
   (B)   In reviewing the application, the Department shall consult with and request recommendations from other pertinent agencies.
      (1)   The content analysis of the sludge sample(s) shall be performed by the State Chemist’s Office or other laboratories as approved by the Department.
      (2)   For sites at which disposal is proposed on or within the land surface, soils analysis tests shall be performed by the University of Maryland Cooperative Extension Service.
      (3)   Measures to prevent or control erosion and surface water runoff shall be reviewed by the Garrett Soil Conservation District.
      (4)   The Department may consult other agencies or make alternative testing arrangements as it deems appropriate.
   (C)   In reviewing the application, the Department shall consider the following:
      (1)   Groundwater conditions;
      (2)   Location and amount of surface water flows;
      (3)   Location of land subject to flooding;
      (4)   Depth to bedrock;
      (5)   Depth to water table;
      (6)   Length and steepness of slope;
      (7)   Soil erodibility factor;
      (8)   Soil permeability, with and without compaction;
      (9)   Stoniness;
      (10)   Cation exchange capacity;
      (11)   Soil reaction;
      (12)   Schedule of operations as related to climatic factors;
      (13)   Odors;
      (14)   Distance to residences or other developed properties;
      (15)   Haul roads and routes;
      (16)   Methods of incorporating sludge into the soil;
      (17)   Monitoring procedures;
      (18)   Plant nutrients and phytotoxicity effects;
      (19)   On-site storage facilities and controls;
      (20)   Containment during transport;
      (21)   Types, amounts and concentrations of hazardous substances;
      (22)   Other factors as deemed appropriate.
   (D)   Where the proposed disposal involves surface application of sewage sludge, the Department’s conditions for approval shall be based upon the Guidelines for Land Application of Digested Sewage Sludge and Composted Sewage Sludge as published from time to time by the University of Maryland Cooperative Extension Service (see Fact Sheet 336, published 1982-1983), except that the Department may grant exceptions to the standards in the Fact Sheet following consultation with the Cooperative Extension Service. Sludge application rates shall not exceed the rates identified for productive farm land unless evidence satisfactory to the Department is submitted:
      (1)   To determine the period of time during which there is a risk that dangerous materials might become incorporated into the food chain; and
      (2)   To assure that during such period:
         (a)   The land will not be used for crops that are used for forage or for consumption by humans; and
         (b)   An adequate system of public records and notice will be maintained, including recording among the real property title documents in the custody of the Clerk of the Circuit Court of Garrett County, to disclose unmistakably that the land had received sludge at an application rate greater than recommended for food-chain-crop use.
   (E)   If an application is for proposed sludge disposal by a landfill method, the Department shall not approve a permit unless the applicant has submitted hydrogeologic or other evidence conclusively demonstrating that there will be no contamination of groundwater in any amount exceeding the levels that would reasonably be expected from the surface application of the same sludge material at approvable rates.
(1986 Code, § 253-10) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.19 HEARING ON APPLICATION.
   The Department shall schedule a public hearing before taking final action on an application. Legal notice of the hearing shall be advertised at least twice beforehand in a newspaper of general circulation in the county, with the first such notice appearing not less than 30 days before the hearing date. All such hearings shall be held during evening hours.
(1986 Code, § 253-11) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.20 ACTION ON APPLICATION.
   (A)   As the result of its review, the Department either shall establish the conditions, which may include appropriate requirements such as a monitoring program, for the disposal operations to be allowed and performed under the permit or else the Department may conclude that the site is unsuitable for sewage sludge disposal and shall deny the permit.
   (B)   If approved, a signed copy of the application and the Department’s conditions shall promptly be returned to the applicant to constitute the permit and a notice that work may begin.
   (C)   If denied, the applicant may appeal the Department’s decision in accordance with § 52.99(C).
(1986 Code, § 253-12) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.21 AMENDMENT TO PERMIT.
   Proposed modification to an approved permit shall be processed in the same manner as a new application; provided, however, that the Department may give written authorization for minor revisions that do not alter the basic nature of the permit.
(1986 Code, § 253-13) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.22 APPLICATION FEES.
   (A)   The Department shall accept an application for a permit only if it is accompanied by a nonrefundable application fee in the amount of $500 payable to the Garrett County Health Department. At the Department’s sole discretion, the application fee may be waived in the case of a bona fide research project sponsored by a not-for-profit research organization.
   (B)   Before the Department may approve a permit, the applicant shall also reimburse to the Department all documented out-of-pocket review costs incurred by the Department in excess of the application fee.
(1986 Code, § 253-14) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.23 ADVISORY COMMITTEE.
   The County Commissioners shall appoint a committee to advise the Department and to review the implementation of this regulation. The committee shall consist of general citizens and persons representing the industries affected and the pertinent regulatory agencies. The committee shall meet at its Chairperson’s call or at the call of not less than 3 members, but not less than annually.
(1986 Code, § 253-15) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
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