EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0184*
HOUSE BILL 184
M3, M4 2lr0712
(PRE–FILED) CF 2lr0713
By: Delegate Shetty
Requested: October 12, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – On–Farm Composting Facilities – Permit Exemption 2
FOR the purpose of requiring the Department of the Environment to adopt regulations to 3
exempt an on–farm composting facility from a certain requirement to obtain a permit 4
if the on–farm composting facility meets certain conditions; and generally relating 5
to on–farm composting facilities. 6
BY repealing and reenacting, with amendments, 7
Article – Environment 8
Section 9–1725 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Environment 14
9–1725. 15
(a) A person may operate a composting facility in the State only in accordance 16
with this part and any regulation, order, or permit adopted or issued under this part. 17
(b) (1) The Department shall adopt regulations to implement the provisions of 18
this part. 19
(2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this 20
subsection may: 21
2 HOUSE BILL 184
(i) Establish conditions under which a person may construct and 1
operate a composting facility in the State; 2
(ii) Establish a tiered system of permits or approvals for composting 3
facilities based on the type of feedstock, size of the facility, and other factors determined by 4
the Department to be appropriate; 5
(iii) Establish design and operational conditions for composting 6
facilities to protect public health and the environment and to minimize nuisances; 7
(iv) Establish exceptions to any requirement to obtain a composting 8
facility permit or approval; 9
(v) Exempt certain organic materials that are composted from being 10
designated as solid wastes; and 11
(vi) Establish any other provisions the Department deems necessary 12
to implement the provisions of this subtitle related to composting. 13
(3) THE REGULATIONS ADOPT ED UNDER THIS SUBSECTIO N SHALL 14
EXEMPT AN ON –FARM COMPOSTING FACI LITY FROM THE REQUIR EMENT TO OBTAI N 15
A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM COMPOSTING FACI LITY: 16
(I) USES 40,000 SQUARE FEET OF AREA OR LESS IN SUPPORT 17
OF FOOD SCRAP COMPOS TING; AND 18
(II) MEETS ANY OTHER CONDITION FOR A PERMIT EXEMPTI ON 19
SPECIFIED IN REGULAT IONS. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22