Attachment 5- Eastside WWTP_Maryland Sewage Sludge Utilization (SSU) Permit No. 2020-SAG-4345.pdf

Maryland Department of.

the Environment

November 30, 2020

Mr. John Blunt United States Department of Agriculture (USDA) Beltsville Agricultural Research Center (BARC), East Building 426 10300 Baltimore Avenue Beltsville, MD 20705

Larry Hogan. Governor

Boyd K. Rutherford. Lt. Governor

Ben Grumbles. Secretary

Horacio Tablada. Deputy Secretary

RE: USDA-BARC Farm Field located off Springfield Road in Prince George' s County; Maryland.

Dear Mr. Blunt:

Enclosed is Maryland Sewage Sludge Utilization (SSU) Permit No. 2020-SAG-4345, which is issued in accordance with your application of October 14, 2020, and all subsequent revisions and addenda, including your most recent submittal, received November 12, 2020.

Please note that this permit is subject to the enclosed terms and conditions. This permit may be appealed by filing a written request for a hearing within 30 calendar days of receipt of this permit. The request should be addressed to Ms. Kaley Laleker, Director, Land and Materials Administration, at .the Maryland Department of the Environment (MOE)' s address. You will subsequently be contacted regarding a hearing date. All permit hearings will be conducted in accordance with the Administrative Procedure Act. If no appeal is received within the specified time period, this will constitute acceptance of the terms and conditions of this permit.

If you have any questions, please contact Mr. M. Jerry Egbegbadia at 410-537-3339 or mev.egbegbadia@maryland.gov.

Sincerely, ('___ . ~ uL... S L~L!., .,,._,, -0-

C. John Sullivan III Program Manager Resource Management Program

Enclosure cc: Lyla Walrath, Business Manager, Singh Operational Services, Inc. (w/encl.)

Ernest L. Carter, MD, Health Officer, Prince George' s County Health Department (w/encl.)

Brian Coblentz, Chief, Solid Waste Program Compliance Division (w/encl.)

Steven E. Darcey, District Manager, Prince George's County Soil Conservation District (w/encl.)

M. Jerry Egbegbadia, Sr. Regulatory and Compliance Engineer, Resource Mgt. Program (w/encl.)

Kaley Laleker, Director, Land and Materials Administration

1800 Washington Boulevard I Baltimore, MD 21230 I 1-800-633-6101 I 410-537-3000 I TTY Users 1-800-735-2258 www.mde.maryland.gov

MARYLAND DEPARTMENT OF .THE ENVIRONMENT

Larry Hogan Governor

Land and. Materials Administration • Resource Management Program 1800 Washington Boulevard• Suite 610 • Baltimore, Maryland 21230-1719

410-537-3314 • 800-633-6101 x3314 • www.mde.maryland.gov

Sewage Sludge Utilization Permit Number: 2020-SAG-4345

Ben Grumbles Secretary

ISSUE DATE: November 30, 2020 EXPIRATION DATE: November 29, 2025

Issued to:

Authorizing:

From:

At:

United States Dept. of Agric. (USDA) - Beltsville Agricultural Research Center (BARC)

The land application of sewage sludge as specified in this permit

USDA - BARC East waste water treatment plant as authorized in Part II of this permit

USDA - BARC Farm Field located off Springfield Road in Prince George's County, Maryland

This permit is issued pursuant to the provisions of Title 9 of the Environment Article, Annotated Code of -Maryland, and regulations promulgated thereunder, and is subject to the attached terms and conditions, and compliance with all applicable laws and regulations.

Kaley Laleker, Director Land and Materials Administration

This permit is granted in accordance with the referenced documents in Part I, and subject to the terms and conditions specified in Parts II and III of this permit as follows:

Part I: Referenced Documents - Permit application, plans, specifications, and other pertinent documents submitted to MOE:

1. Soft copy of Sewage Sludge Utilization (SSU) Permit Application and supporting documents submitted by USDA - BARC, dated October 14, 2020 and received on October 19, 2020.

2. Originals of SSU Permit Application and supporting documents submitted by USDA - BARC, dated October 14, 2020 and received on November 12, 2020.

Part II: Site Specific Conditions (Applicable to Sewage Sludge Agricultural Land Application) -conditions which amend all other permit conditions applicable to this activity should any discrepancies or conflicts exist.

Agricultural Land Authorization:

1. This permit applies only to the 22-acre area of the USDA - BARC Farm Field consisting of field I located off Springfield Road in Prince George's County, Maryland.

2. This permit authorizes only the transportation and land application of Class B digested sewage sludge generated by the USDA - BARC East Waste Water Treatment Plant.

3. The permittee may only surface apply as a liquid or cake or subsurface inject the sewage sludge on this site in accordance with the SSU Permit Application and its supporting documents referenced in Part I of this permit and subject to the terms and conditions specified in Parts II and III of this permit.

4. The permittee is not required to subsurface inject or incorporate sewage sludge on:

a. Permanent pastures.

b. Land used for hay production.

c. Fields containing highly erodible land (HEL) as defined by the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).

For purposes of this exemption these fields must be documented by a Farm Service Agency (FSA) map (and be included with the NMP). If a farmer wants to claim exemption because the farmer believes the land is HEL, a determination must be conducted by the NRCS and documented.

d. Fields in which a current soil conservation and water quality plan prohibits or otherwise restrict soil disturbance. Documentation of this prohibition must be substantiated by a Revised Universal Soil Loss Equation (RUSLE) calculation to

Parts I & II - Page 1 of 3 Sewage Sludge Utilization Permit compare erosion factors with and without incorporation or injection. If incorporation/injection results in sediment delivery more than soil loss tolerance (T), then the field is exempt from incorporation/injection requirements. This comparison may be run using incorporation equipment the farmer prefers to use. If the above comparison exceeds T, the comparison must be re~run using best available technology or equipment that minimizes soil disturbance such as vertical tillage or an injector.

Only if the latter comparison results in sediment delivery more than T, will the field then be exempt froin incorporation/injection requirements. The RUSLE calculation should be based on the year of organic nutrient application. The RUSLE calcul.ation should be done on a field by field basis. Only professionals recognized as trained and qualified to run RUSLE including a NRCS employee, Maryland Department of Agriculture (MDA) nutrient management certified consultant including a farmer certified to write nutrient management plan, NRCS technical service provider (TSP), or staff working in soil conservation district may prepare the RUSLE. Documentation must include the operator account ID field name/number, T designation, sediment delivery value with and without incorporation, and signature (include nutrient management certification ID number if applicable) or the RUSLE preparer.

e. Fields, other than HEL, which are restricted from disturbance due to an USDA or other legally recognized contract or requirement. Documentation should include pertinent information copied from the contract identifying the operator and delineating restrictions which prohibit soil disturbance. ·

f. La11d where nutrients are applied to a growing crop through a spray irrigation system.

g. Small grains that have been planted for harvest, either as grain or silage. This is considered a standing crop, and therefore exempt from incorporation of organic nutrient sources during spring green up.

5. The permittee shall contact MDE at (410) 537-3315 to record a voice mail message prior to the application of sewage sludge on the permitted field. Except for Mondays, the permittee shall contact MDE at least 24 hours prior to the application of sewage sludge.

For land application on Mondays, the permittee shall contact MDE on the previous Friday by 4:00 pm. The voice mail message shall include the name of the caller, the permittee's name, the name of the field by name of owner, the locations of the field by county, and the anticipated date of application.

6. The permittee shaB contact the Prince George's County Health Department, Environmental Health Division, prior to the application of sewage sludge on the permitted field. Except for Mondays, the permittee shall contact the Prince George's County Health Department, Environmental Health Division, at least 24 hours prior to the application of sewage sludge.

For land application on Mondays, the permittee shall contact the Prince George's County Health Department, Environmental Health Division, on the previous Friday by 4:00 pm.

The permittee shall provide the name of the caller, the permittee's name, the name of the field by name of owner, the locations of the field by county, and the anticipated date of application.

Parts I & II - Page 2 of 3 Sewage Sludge Utilization Permit

7. The permittee may only grow the crops listed in the following table with the corresponding pounds of nitrogen per acre value on this site during the growing season following the land application of sewage sludge. The corresponding pounds of nitrogen per acre value is the maximum amount of nitrogen which may be applied for the specified crop to be planted for a particular growing season:

Crop

Grass Hay

Total Pounds of Nitrogen Per Acre Requirement

8. The permittee shall have a copy of this permit and the most recent NMP on the site during land application of sewage sludge.

9. In the event of an odor problem, MDE may direct the permittee to implement correctional measures such as, but are not limited to, the temporary cessation of sewage sludge application, incorporation of the sewage sludge into the soil, or the application of odor control agents such as lime, potassium permanganate, or other odor control agents . Upon notice from MDE, the permittee shall implement the correctional measures as soon as possible. For the purpose of this condition, an "odor problem" is defined as the receipt of at least one odor complaint regarding the sewage sludge application followed by verification of the objectionable off-site odors by MDE.

10. The permittee shall add lime to each field either before or at the time of the sewage sludge application in order to raise the soil pH initially to 6.0. The permittee shall maintain a soil pH at a minimum of 6.0, and test the soil pH every 6 months for the life of this permit and report the results to MDE. The permittee is not required to retest the soil pH of a field until sewage sludge has been applied to that field.

11. The permittee shall not land apply lime amended sewage sludge on any field where the soil pH is greater than 7.5 until the soil pH levels drop to 7.5 or below.

12. The permittee may only apply the permitted sewage sludge on field authorized in Site Specific Condition 1 of this permit in accordance with the application rates stated in the most recent NMP for this site, which is prepared and updated by a certified nutrient management consultant or a certified operator in accordance with Code of Maryland Regulations (COMAR) 15.20.04, and is in compliance with COMAR 15.20.07 and .08, and any guidelines established by MDE. Following the land application of sewage sludge on this field, the permittee must provide MDE, MDA, and the farmer/operator of this field with a copy of the NMP, all subsequent NMP updates, and a summary of the applied plant nutrients. An updated NMP shall include an updated site map with any change to the permitted site or field layout. Nothing in this condition shall be construed to preclude the institution of any legal action nor relieve the permittee from civil or criminal responsibilities and/or penalties for non-compliance with COMAR 15.20.04, 15.20.07, or 15.20.08.

Parts I & II - Page 3 of 3 Sewage Sludge Utilization Permit

Part III: General Conditions (Applicable to Sewage Sludge Agricultural Land Application) -conditions which are generally applicable to sewage sludge utilization activities similar to this site.

A. Property Rights:

The issuance of this permit does not intend to convey any property rights in either real or personal property, or any exclusive privilege or franchise, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations.

B. Suspension or Revocation:

1. This permit may be suspended or revoked if the permittee lacks, or is in violation of, any federal, state or local approval necessary to conduct the activity authorized by this permit.

2. MDE may suspend, revoke, or modify this permit if MDE finds that:

Part III - Page 1 of 12

a. False or inaccurate information was contained in the permit application, the information and forms required as part of the permit application, or the information required under the permit;

b. There has been a substantial deviation from:

C.

d.

e.

f.

g.

1. The documents accepted by MDE as part of this permit application;

or

11. Any requirement established by MDE;

A representative of MDE has been denied entry to any area in which activities regulated by this permit are conducted or to any documents required to be maintained by this permit;

Conditions exist which constitute a health nuisance .or danger to the environment, or result in persistent or repeated odors;

The permittee has been negligent or incompetent in the utilization of sewage sludge;

There is or has been a violation of the terms and conditions of this permit or any applicable state law or regulation; or

There is any other good cause.

Sewage Sludge Utilization Permit

C. Civil or Criminal Liability:

Nothing in this permit shall be construed to preclude the institution of any legal action nor relieve the permittee from civil or criminal responsibilities and/or penalties for non compliance with Title 9 of the Environment Article, Annotated Code of Maryland, or any federal, local or other state laws or regulations.

D. Right of Entry:

The permittee shall ensure that the secretary of MDE, or the local health official, or their authorized representatives are permitted, at reasonable times and upon presentation of credentials to :

1. Enter upon the permittee's premises or where any records are required to be kept under'the terms and conditions of this permit;

2. Have access to and copy any records required to be kept under the terms and

• conditions of this permit;

3. Inspect any collection, transport vehicles, treatment, pollution management, or control facilities required under this permit;

4. Perform any activities to determine compliance status with the terms and conditions of this permit or the applicable regulations; and

5. Obtain any photographic documentation or evidence.

E. Field Preparation:

Prior to the application of sewage sludge, the permittee shall clearly mark with stakes or other markers areas where sewage sludge is to be applied. Should any conditions exist contrary to the permitted site conditions, the permittee shall make the necessary corrections prior to the application of sewage sludge.

F. Land Application:

1. The permittee shall apply sewage sludge on permitted fields in accordance with the slope requirements of COMAR 26.04.06.37.D(4) as follows:

· Part III - Page 2 of 12

(a) Unless modified by MDE in accordance with (b) of this condition, the following requirements concerning slope shall be met:

(i) Sewage sludge may not be applied on a slope that is greater than 15 percent; ·

(ii) Liquid sewage sludge which is surface applied on a slope that is greater than 6 percent shall be applied in accordance with COMAR 15.20.08; and

(iii) Liquid sewage sludge may be subsurface injected on a slope that is up to 15 percent; and

(b) The limits of (a) of this condition may be modified by MDE, but only if MDE determines that sediment and erosion controls or other features at a site, or both, are sufficient to protect the public health and the environment.

. 2. The permittee shall not land apply sewage sludge on the field(s) listed in this permit when weather and/or soil conditions prevent adherence to the permitted sewage sludge application procedures. The permittee shall not land apply sewage sludge when the soil is saturated.

3. The permittee shall not apply sewage sludge closer than the following minimum buffer distance to the following identified features:

Part III - Page 3 of 12

Feature of Concern Minimum Buffer Distance Surface Application Injection of Sewage of Sewage Sludge Sludge or Surface with no Application of Incorporation Sewage Sludge with Incorporation Bedrock 20 inches 20 inches Bedrock outcrops 50 feet 25 feet Field ditches 10 feet 10 feet Incorporated municipality 1,000 feet 400 feet boundary lines Occupied off-site dwelling 200 feet 100 feet Occupied on-site dwelling 200 feet 100 feet Property lines 50 feet 25 feet Public roads 25 feet 15 feet Surface waters unless 100 feet 35 feet Equivalent Best Management Practices are installed Water table 20 inches 20 inches Wells, non-potable 25 feet . 25 feet Wells, potable 100 feet 100 feet

Buffer zones to property lines are waived if the affected adjacent property owner(s) signs a statement consenting to application of sewage sludge up to the property line, and the statement has been submitted to MDE.

4. For areas located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, sewage sludge:

a. May not be land applied within 100 feet of the Mean High Water Line. of tidal waters or the landward edge of tidal wetlands; and

b. May only be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands.

5. At the time of sewage sludge application, the permittee shall maintain a 20-inch vertical buffer distance between all sewage sludge application areas and bedrock or the water table, whichever occurs at a higher elevation. The permittee shall determine distance to bedrock or the water table using USDA-NRCS Soil Data Mart or the Web Soil Survey. If soil survey results indicate that the depth to bedrock or the water table is less than 20 inches, sewage sludge may be land applied if the permittee demonstrates that field conditions are in compliance with the 20-inch buffer by:

6.

7.

8.

9.

Part III • Page 4 of 12

a. Using a soil test pit or an auger boring for each applicable soil mapping unit; and

b. Demonstrating compliance within 7 calendar days before land application.

The sewage sludge shall be applied using conventional agricultural equipment, such as manure spreaders, spray equipment, or other applicators, or by commercial equipment used for sewage sludge application on agricultural land, with all conventional agricultural and commercial equipment used for agricultural land application required to be calibrated in accordance with the manufacturer's recommendations before land application of.the .sewage sludge begins.

The permittee shall spread all sewage sludge from the off-loading areas by the end of the working day. The permittee shall not temporarily field stockpile (stage) sewage sludge at the permitted field(s) without separate written authorization from

MDE.

When applying sewage sludge to grasses, the permittee shall ensure that the grasses are cropped or closely grazed within 2 weeks prior to the sewage sludge application or the grasses shall be a maximum of 6 inches in height. Within 7 calendar days after the application of cake sewage sludge to grasses, the permittee shall drag the grass fields using MDE approved dragmat to further break up the sewage sludge.

The permittee shall not apply sewage sludge to pasture by any method if the iron concentration of the sewage sludge is greater than 10%. If the iron concentration of

a. At least 1 year after the application of sewage sludge on field(s) that the public uses frequently; and

b. At least 30 calendar days after the application of sewage sludge on field(s) that the public uses infrequently. ·

4. For a period of 3 years following the land application of sewage sludge, the perrnittee shall ensure that crops, which may be eaten raw by humans, are not grown on field(s) where the sewage sludge has been land applied. The permittee shall ensure that food crops are not harvested off sewage sludge application sites for the following periods after application of sewage sludge:

a. Food crops with harvested parts that touch the sewage sludge soil mixture and are totally above the land surface shall not be harvested for 14 months after application of sewage sludge;

b. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of sewage sludge if the sewage sludge remains on the land surface for 4 months or longer before incorporation in the soil;

c. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after the application of sewage sludge if the sewage sludge remains on the land surface for less than 4 months before incorporation into the soil;

d. Feed crops or fiber crops shall not be harvested for 30 calendar days after application of sewage sludge; and

e. Turf grown on land where sewage sludge is applied shall not be harvested for 1 year after application of sewage sludge when the harvested turf is placed on a lawn or land with a high potential for public exposure, unless otherwise specified by MDE.

6. The permittee shall ensure that, during the life of this permit, no tobacco is grown on field(s) where sewage sludge has been land applied.

7. The perrnittee shall employ additional sediment and erosion control measures on field(s) during the life of this permit, if required by MDE.

H. Transportation:

1.

Part III - Page 6 of 12

The permittee is authorized to transport sewage sludge as specified in the SSU Permit Application and its supporting documents referenced in Part I of this permit.

2. The haul route shall be in accordance with a plan as specified in the SSU Permit Application and its supporting documents referenced in Part I of this permit.

3. Liquid sewage sludge (with solids content less than 15%) may be pumped and transported by pipeline. If liquid sewage sludge is transported by truck, rail, or barge, the permittee shall use closed watertight vessels such as tank trucks and railroad tank cars.

4. Sewage sludge cake with solids content between 15 and 20% may be transported in watertight boxes, such as dump trucks or dump trailers properly sealed to prevent leaks, or closed body vehicles (such as concrete mixer trucks). When sewage sludge cake is transported in dump trucks or dump trailers, the permittee shall comply with the following standards:

a. The trucks shall be equipped with metal splash guards firmly attached horizontally at the front and rear of the trailer;

b. Each splash guard shall cover at least 25% of the trailer' s open area and have no gaps through which sewage sludge may escape; and

c. A minimum 2 feet of freeboard. shall be maintained between the sewage sludge and the top of the trailer unless the top of the trailer is completely sealed.

5. Sewage sludge cake with solids content between 20 and 35% may be transported in watertight boxes, such as dump trucks or dump trailers properly sealed to prevent leaks, or closed body vehicles (such as concrete mixer trucks). When sewage sludge cake is transported in dump trucks or dump trailers, the permittee shall comply with the following standards:

a.

b .

Part III - Page 7 of 12

The permittee shall ensure that the transporting trucks are equipped with metal splash guards firmly welded horizontally to the front and rear body of the trailer. Each splash guard shall cover at least 4 feet of the length of the trailer. No gaps through which sewage sludge may escape shall exist between the splash guards and the trailer body;

A medium to heavy-duty solid vinyl tarp shall cover the open area of the trailer and shall overlap the splash guards horizontally by a minimum of 1 foot. The tarp shall be drawn tightly across the top of the trailer and be firmly held in place with straps that are attached to ratchets bolted to the trailer. The tarp shall cover the top of the trailer so that there is no vertical gap through which sewage sludge may escape between the tarp and the sides of the trailer, or the tarp and the splash guards;

c. For sewage sludge cake with solids content between 20 and 25%, a minimum of 2 feet of freeboard must be maintained between the sewage sludge and the top of the transport vehicle.

d. For sewage sludge cake with solids content between 25 and 35%, a minimum of 1 foot of freeboard must be maintained between the sewage sludge and the top of the transport vehicle.

6. Dried sewage sludge (with solids content greater than 35%) may be transported in open boxes, such as dump trucks, which are properly sealed to prevent leakage.

The permittee shall cover the trucks with tarps or the equivalent.

7. The permittee shall clean the transport Vehicle(s) on site to prevent drag-out of dirt or sewage sludge onto public roads: In the event dirt or sewage sludge is tracked out onto the roads, the permittee shall immediately initiate clean-up activities.

8. The permittee shall have available in the cab of each transport vehicle(s) a copy of page 1 of this SSU Permit, and a copy of the sewage sludge analysis report that was submitted to MDE as part of this permit application submittal.

I. Spill Control:

1. The permittee shall report to MDE, within 1 hour of becoming aware of its occurrence, any spills or unauthorized discharges of sewage sludge occurring either in transit or due to site conditions at either (410) 537-3315 during working hours, or at (866) 633-4686 during non-working hours.

2. In the event of a spill, the permittee shall ensure that cleanup procedures are initiated as soon as possible, but no later than 2 hours after becoming aware of the spill. The permittee shall complete the cleanup to the satisfaction of MDE.

J. Recordkeeping and Reporting Requirements:

1. The permittee shall maintain, on site if applicable, all records required by this permit and the following information for a period of 5 years after the generation of the records:

a.

b .

C.

d.

Part III - Page 8 of 12

The source(s) and type(s) of sewage sludge that was land applied;

The quantity, including documentation, of the sewage sludge that was land applied;

The date of land application of sewage sludge;

The number and size of the field(s) where sewage sludge was land applied;

e. Documentation showing the percent solids of the sewage sludge used in tonnage calculations;

f. The type of crop or cover species to be grown on the permitted field(s);

g. Cumulative and annual constituent loading rates including plant-available nitrogen, P2Os, and K2O;

h. Descriptions of problems encountered and their solutions;

1. The soil pH analyses required by this permit;

J. Other related information regarding the land application of sewage sludge as required by this permit; and

k. Other information requested by MDE.

2. The permittee shall submit to MDE a report of the records required in this permit for each year this permit is in effect. The permittee shall submit to MDE the report of these records on the form provided by MDE by February 15 of each year this permit is in effect.

3. The permittee shall submit all reports required by this permit to: ·

Maryland Department of the Environment Land and Materials Administration Resource Management Program 1800 Washington Boulevard, Suite 610 Baltimore, Maryland 21230-1719.

4. Prior to land application of sewage sludge on the permitted site, the permittee shall provide the farmer and operator of the site where the sewage sludge is to be land applied with a copy of the nutrient management plan for the site for the year of application.

5. The permittee shall provide the farmer(s)/operator(s) of the site where sewage sludge was land applied with a copy of the report required in this permit and a site specific map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet showing the aerial extent of the site and the exact acreage where sewage sludge was land applied.

K. Modification:

1.

Part III - Page 9 of 12

Any modification to this activity must be approved by MDE in writing before implementation by the permittee.

2. The permittee shall modify field maps submitted as part of the SSU Permit Application and its supporting documents referenced in Part I of this permit to show a subdivision of a permitted field under the following circumstances:

a. If sewage sludge from different sources (waste water treatment plants or mixed storage facilities) are applied on separate sections of the field(s) ;

b. If sewage sludge treated by different methods (e.g., digested and lime stabilized) are applied on separate sections of the field, provided that the sewage sludge have different permitted application rates or metal contents;

c. · If sewage sludge having significantly different percent solids are applied on separate sections of the field; or

d. If sewage sludge is applied to only a portion of the permitted area of the field prior to a growing season. ·

e. The modified field maps shall show a subdivision of the areas where different sewage sludge were applied, or separate areas where sewage sludge was spread and not spread. The acreage of each subdivision shall be shown on the modified maps, together with new designations for the separate portions of the subdivided areas shall be kept on site arid made available for inspection when the field is in use. A copy of the modified map, together with the required application rate documentation for the subdivided areas, shall be submitted to MDE as part of the reporting requirements specified in the Recordkeeping and Reporting Requirement Condition of this permit. Sewage sludge having different nutrient content or percent solids content may be applied to the same field without subdivision provided that the application rate of the combined sewage sludge is calculated based on the sewage sludge with the highest nutrient content and the sewage sludge with the highest percent solids content. In this circumstance, the cumulative metal loading rates shall be calculated by using the highest applicable metal content, by dry weight, of all the sewage sludge applied.

L. Application for Renewal:

At least 2 calendar weeks before the expiration date of this permit, unless MDE has granted permission for a later date, the permittee shall submit an application for a permit renewal or notify MDE of the intent to cease operating by the expiration date. In the event that a timely and complete permit renewal application has been submitted and MDE is unable, through no fault of the permittee, to issue a permit renewal before the expiration date of this permit, the terms and conditions of this permit are automatically continued and remain fully effective and enforceable until a new permit is issued or a determination is made on the status of the renewal application.

Part III - Page 10 of 12 Sewage Sludge Utilization Permit

M. Transfer of Permit or Ownership:

1. This permit is only valid for the permittee named and may not be transferred to another entity. In order for a new entity to become the permittee for this activity, the new entity must first obtain a new SSU Permit from MDE.

2. Within 30 calendar days of any change in control or ownership of the property, the permittee shall provide the succeeding owner(s), by certified mail, with a copy of the "Owner's Consent Form" signed by the current legal owner(s), a copy of this permit, and notify the succeeding owner(s) of any outstanding permit noncompliance. At the same time, the permittee shall provide MDE with a copy of the notification.

N. Compliance:

1. The permittee shall comply with the terms and conditions of this permit, and with all applicable federal, local and state laws and regulations.

2. If for any reason the permittee does not comply or is unable to comply with any of the terms or conditions of this permit, the permittee shall notify MDE at ( 410) 537- 3315 on the same day or on the next working day, following any noncompliance.

Within 5 working days after this notification, the permittee shall provide MDE with the following information in writing:

3.

4.

Part III - Page 11 of 12

a. Description of the noncompliance, including dates, time, and type of noncompliance;

b. Cause of the noncompliance;

c. Anticipated time the noncompliance is expected to continue or if such condition has been corrected;

d. Steps taken by the permittee to correct the noncompliance; and

e. Steps to be taken by the permittee to prevent recurrence of the noncompliance.

If the permittee discovers through any means, including notification by MDE, that a noncompliance with any condition of this permit has occurred, the permittee shall immediately take all necessary steps to eliminate the condition of noncompliance and to minimize the adverse impact on public health, safety, welfare, or the environment.

If the permittee discovers that a noncompliance with any condition of this permit has affected the public health, safety, welfare, or the environment, the permittee shall immediately notify MDE.

O. Severability:

If any provision of this permit shall be held invalid for any reason, the remaining provisions shall remain in full force and effect, and such invalid provision shall be considered severed and deleted from this permit.

P. · Signatory Requirements:

All applications, request for modifications or transfer, renewal requests, reports, or information submitted to MDE shall be signed and verified in accordance with Section 1- 201 of the Environment Article, Annotated Code of Maryland, by the permittee or authorized representative of the permittee as being true.

Part III • Page 12 of 12 Sewage Sludge Utilization Permit