MD
Maryland House Bill HB253

Maryland 2023 Regular Session

Maryland House Bill HB253 Compare Versions

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1- WES MOORE, Governor Ch. 521
21
3-– 1 –
4-Chapter 521
5-(House Bill 253)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0253*
810
9-Environment – On–Farm Composting Facilities – Permit Exemption
11+HOUSE BILL 253
12+M3, M4 (3lr1256)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegate Shetty Delegates Shetty, Ciliberti, Foley, Holmes, J. Long,
16+Love, T. Morgan, Ruth, Stewart, and Ziegler
1017
11-FOR the purpose of requiring the Department of the Environment to adopt regulations to
12-exempt an on–farm composting facility from a certain requirement to obtain a permit
13-if the on–farm composting facility meets certain conditions; requiring the
14-Department to require the operator of a farm to provide certain notice under certain
15-circumstances; and generally relating to on–farm composting facilities.
18+Read and Examined by Proofreaders:
1619
17-BY repealing and reenacting, without amendments,
18- Article – Environment
19-Section 9–1701(a) and (v)
20- Annotated Code of Maryland
21- (2014 Replacement Volume and 2022 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2224
23-BY repealing and reenacting, with amendments,
24- Article – Environment
25-Section 9–1725
26- Annotated Code of Maryland
27- (2014 Replacement Volume and 2022 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
2826
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
3128
32-Article – Environment
29+______________________________________________
30+Speaker.
3331
34-9–1701.
32+CHAPTER ______
3533
36- (a) In this subtitle the following words have the meanings indicated.
34+AN ACT concerning 1
3735
38- (v) (1) “Yard waste” means organic plant waste derived from gardening,
39-landscaping, and tree trimming activities.
36+Environment – On–Farm Composting Facilities – Permit Exemption 2
4037
41- (2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and
42-prunings.
38+FOR the purpose of requiring the Department of the Environment to adopt regulations to 3
39+exempt an on–farm composting facility from a certain requirement to obtain a permit 4
40+if the on–farm composting facility meets certain conditions; requiring the 5
41+Department to require the operator of a farm to provide certain notice under certain 6
42+circumstances; and generally relating to on–farm composting facilities. 7
4343
44-9–1725.
44+BY repealing and reenacting, without amendments, 8
45+ Article – Environment 9
46+Section 9–1701(a) and (v) 10
47+ Annotated Code of Maryland 11
48+ (2014 Replacement Volume and 2022 Supplement) 12
49+ 2 HOUSE BILL 253
4550
46- (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
47-INDICATED.
48- Ch. 521 2023 LAWS OF MARYLAND
4951
50-– 2 –
51- (2) (I) “ACTIVE FOOD SCRAP COM POSTING” MEANS MATERIAL TO
52-BE COMPOSTED UNDER S UBSECTION (C)(3)(II) OF THIS SECTION AND
53-SOURCE–SEPARATED ORGANIC MA TERIAL BROUGHT ONTO THE FARM AND
54-COMMINGLED MATERIAL IN THE PROC ESS OF BEING COMPOST ED.
52+BY repealing and reenacting, with amendments, 1
53+ Article – Environment 2
54+Section 9–1725 3
55+ Annotated Code of Maryland 4
56+ (2014 Replacement Volume and 2022 Supplement) 5
5557
56- (II) “ACTIVE FOOD SCRAP COMPOSTING ” DOES NOT INCLUDE
57-ANY FINAL SOIL AMEND MENT PRODUCED .
58+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59+That the Laws of Maryland read as follows: 7
5860
59- (2) (3) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT
60-CONTAINS MORE THAN 2% BY DRY WEIGHT OF :
61+Article – Environment 8
6162
62- (I) MAN–MADE INERT MATERIAL ; OR
63+9–1701. 9
6364
64- (II) FILM PLASTIC.
65+ (a) In this subtitle the following words have the meanings indicated. 10
6566
66- (3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS O R ACTIVITY
67-OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING,
68-PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST ,
69-INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY
70-IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE .
67+ (v) (1) “Yard waste” means organic plant waste derived from gardening, 11
68+landscaping, and tree trimming activities. 12
7169
72- (II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R
73-ACTIVITY OPERATED FO R THE PRIMARY PURPOS E OF PRODUCING COMPO ST.
70+ (2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 13
71+prunings. 14
7472
75- (4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME
76-OTHER LIQUID.
73+9–1725. 15
7774
78- (II) “LIQUID FEEDSTOCK” DOES NOT INCLUDE FOO D SCRAPS
79-THAT CONTAIN SOME LI QUID.
75+ (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAV E THE MEANINGS 16
76+INDICATED. 17
8077
81- (5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
82-FEEDSTOCK THAT IS GE NERATED OFF –SITE.
78+ (2) (I) “ACTIVE FOOD SCRAP COM POSTING” MEANS MATERIAL TO 18
79+BE COMPOSTED UNDER S UBSECTION (C)(3)(II) OF THIS SECTION AND 19
80+SOURCE–SEPARATED ORGANIC MA TERIAL BROUGHT ONTO THE FARM AND 20
81+COMMINGLED MATERIAL IN THE PROC ESS OF BEING COMPOSTED . 21
8382
84- (II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE :
85-ANIMAL
83+ (II) “ACTIVE FOOD SCRAP COM POSTING” DOES NOT INCLUDE 22
84+ANY FINAL SOIL AMEND MENT PRODUCED . 23
8685
87- 1. ANIMAL MORTALITIES; OR
86+ (2) (3) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT 24
87+CONTAINS MORE THAN 2% BY DRY WEIGHT OF : 25
8888
89- 2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS .
89+ (I) MAN–MADE INERT MATERIAL ; OR 26
9090
91- (6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
92-FEEDSTOCK THAT IS GE NERATED ON–SITE.
93- WES MOORE, Governor Ch. 521
91+ (II) FILM PLASTIC. 27
9492
95-– 3 –
96- (II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL
97-MORTALITIES.
93+ (3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY 28
94+OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING, 29
95+PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST , 30 HOUSE BILL 253 3
9896
99- (7) (8) “TYPE 1 FEEDSTOCK” MEANS:
10097
101- (I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ;
102-AND
98+INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY 1
99+IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE . 2
103100
104- (II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO
105-POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS ,
106-AND PHYSICAL CONTAMI NANTS.
101+ (II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R 3
102+ACTIVITY OPERATED FO R THE PRIMARY PURPOS E OF PRODUCING COMPO ST. 4
107103
108- (8) (9) “TYPE 2 FEEDSTOCK” MEANS:
104+ (4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME 5
105+OTHER LIQUID. 6
109106
110- (I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL
111-CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING
112-PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER;
113-AND
107+ (II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS 7
108+THAT CONTAIN SOME LI QUID. 8
114109
115- (II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING ,
116-WITH DEPARTMENT APP ROVAL BASED ON FACTO RS SUCH AS MOISTURE CONTENT
117-AND PATHOGEN RISK .
110+ (5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 9
111+FEEDSTOCK THAT IS GE NERATED OFF –SITE. 10
118112
119- (B) A person may operate a composting facility in the State only in accordance
120-with this part and any regulation, order, or permit adopted or issued under this part.
113+ (II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE : 11
114+ANIMAL 12
121115
122- [(b)] (C) (1) The Department shall adopt regulations to implement the
123-provisions of this part.
116+ 1. ANIMAL MORTALITIES; OR 13
124117
125- (2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this
126-subsection may:
118+ 2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS . 14
127119
128- (i) Establish conditions under which a person may construct and
129-operate a composting facility in the State;
120+ (6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 15
121+FEEDSTOCK THAT IS GE NERATED ON–SITE. 16
130122
131- (ii) Establish a tiered system of permits or approvals for composting
132-facilities based on the type of feedstock, size of the facility, and other factors determined by
133-the Department to be appropriate;
123+ (II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL 17
124+MORTALITIES. 18
134125
135- (iii) Establish design and operational conditions for composting
136-facilities to protect public health and the environment and to minimize nuisances;
126+ (7) (8) “TYPE 1 FEEDSTOCK” MEANS: 19
137127
138- (iv) Establish exceptions to any requirement to obtain a composting
139-facility permit or approval;
140- Ch. 521 2023 LAWS OF MARYLAND
128+ (I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ; 20
129+AND 21
141130
142-– 4 –
143- (v) Exempt certain organic materials that are composted from being
144-designated as solid wastes; and
131+ (II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO 22
132+POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS , 23
133+AND PHYSICAL CONTAMI NANTS. 24
145134
146- (VI) REQUIRE THAT A NEW CO MPOSTING FACILITY BE
147-CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH:
135+ (8) (9) “TYPE 2 FEEDSTOCK” MEANS: 25
148136
149- 1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ;
137+ (I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL 26
138+CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING 27
139+PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER; 28
140+AND 29
141+ 4 HOUSE BILL 253
150142
151- 2. A NUTRIENT MANAGEMENT PLAN , IF REQUIRED
152-UNDER COMAR 15.20.07; AND
153143
154- 3. A. A SOIL CONSERVATION AN D WATER QUALITY
155-PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE
156-COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
157-UTILIZATION OF THE MATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL
158-PROCEDURES ; OR
144+ (II) DEPARTMENT –APPROVED ANIMAL MANURE AND BEDDING , 1
145+WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT 2
146+AND PATHOGEN RISK . 3
159147
160- B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM
161-PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE
162-COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
163-UTILIZATION OF T HE MATERIALS , SYSTEM MAINTENANCE , AND OPERATIONAL
164-PROCEDURES ; AND
148+ (B) A person may operate a composting facility in the State only in accordance 4
149+with this part and any regulation, order, or permit adopted or issued under this part. 5
165150
166- (vi) (VII) Establish any other provisions the Department deems
167-necessary to implement the provisions of this subtitle related to composting.
151+ [(b)] (C) (1) The Department shall adopt regulations to implement the 6
152+provisions of this part. 7
168153
169- (3) THE REGULATIONS ADOPT ED UNDER THIS SU BSECTION SHALL
170-EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE
171-REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM
172-COMPOSTING FACILITY :
154+ (2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this 8
155+subsection may: 9
173156
174- (I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR
175-ACTIVE FOOD SCRAP COMPOSTIN G;
157+ (i) Establish conditions under which a person may construct and 10
158+operate a composting facility in the State; 11
176159
177- (II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G:
160+ (ii) Establish a tiered system of permits or approvals for composting 12
161+facilities based on the type of feedstock, size of the facility, and other factors determined by 13
162+the Department to be appropriate; 14
178163
179- 1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT
180-ANOTHER FARM CONTROL LED BY THE SAME OPERATOR OWNER OR LESSEE OF T HE
181-FARM;
164+ (iii) Establish design and operational conditions for composting 15
165+facilities to protect public health and the environment and to minimize nuisances; 16
182166
183- 2. ANIMAL MANURE AND BED DING, GENERATED
184-ON–SITE;
185- WES MOORE, Governor Ch. 521
167+ (iv) Establish exceptions to any requirement to obtain a composting 17
168+facility permit or approval; 18
186169
187-– 5 –
188- 3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF
189-GENERATION ;
170+ (v) Exempt certain organic materials that are composted from being 19
171+designated as solid wastes; and 20
190172
191- 4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS :
173+ (VI) REQUIRE THAT A NEW CO MPOSTING FACILITY BE 21
174+CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH: 22
192175
193- A. NOT CONTAMINATED OR L IQUID;
176+ 1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ; 23
194177
195- B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1
196-FEEDSTOCK; AND
178+ 2. A NUTRIENT MANAGEMENT PLAN, IF REQUIRED 24
179+UNDER COMAR 15.20.07; AND 25
197180
198- C. INCORPORATED INTO ACT IVE COMPOSTING WITHIN
199-24 HOURS AFTER ARRIVING ON–SITE; OR
181+ 3. A. A SOIL CONSERVATION AN D WATER QUALITY 26
182+PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE 27
183+COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 28
184+UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 29
185+PROCEDURES ; OR 30
200186
201- 5. ON–SITE TYPE 2 FEEDSTOCK;
187+ B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM 31
188+PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE 32 HOUSE BILL 253 5
202189
203- (III) 1. RECORDS THE:
204190
205- A. AMOUNT AND SOURCE OF OFF–SITE TYPE 2
206-FEEDSTOCK SOURCE–SEPARATED ORGANICS BEING COMPOSTED ; AND
191+COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 1
192+UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 2
193+PROCEDURES ; AND 3
207194
208- B. DATE AND TIME THE OFF–SITE TYPE 2 FEEDSTOCK
209-SOURCE–SEPARATED ORGANICS ARRIVES ON THE FARM ; AND
195+ (vi) (VII) Establish any other provisions the Department deems 4
196+necessary to implement the provisions of this subtitle related to composting. 5
210197
211- 2. RETAINS THE RECORDS F OR 3 5 YEARS; AND
198+ (3) THE REGULATIONS ADO PTED UNDER THIS SUBS ECTION SHALL 6
199+EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE 7
200+REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM 8
201+COMPOSTING FACILITY : 9
212202
213- 3. PROVIDES THE RECORDS TO THE DEPARTMENT ON
214-REQUEST FOR THE PURP OSE OF INSPECTION ; AND
203+ (I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR 10
204+ACTIVE FOOD SCRAP COMPOSTIN G; 11
215205
216- (IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION
217-SPECIFIED IN REGULATIONS .
206+ (II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G: 12
218207
219- (4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL
220-SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
221-ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM
222-COMPOSTING FACILITIE S IN MARYLAND, INCLUDING:
208+ 1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT 13
209+ANOTHER FARM CONTROL LED BY THE SAME OPERATOR OWNER OR LESSEE OF T HE 14
210+FARM; 15
223211
224- (I) THE AMOUNT OF FOOD WA STE DIVERTED FROM LA NDFILLS;
212+ 2. ANIMAL MANURE AND BED DING, GENERATED 16
213+ON–SITE; 17
225214
226- (II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L
227-AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER
228-THIS SECTION;
215+ 3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF 18
216+GENERATION ; 19
229217
230- (III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM
231-COMPOSTING FACILITIE S; Ch. 521 2023 LAWS OF MARYLAND
218+ 4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS : 20
232219
233-– 6 –
220+ A. NOT CONTAMINATED OR L IQUID; 21
234221
235- (IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE
236-ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND
222+ B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1 22
223+FEEDSTOCK; AND 23
237224
238- (V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING
239-FACILITIES TO ALLOW FO R UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRAP
240-COMPOSTING ACTIVITIE S.
225+ C. INCORPORATED INTO ACT IVE COMPOSTING WITHIN 24
226+24 HOURS AFTER ARRIVING ON–SITE; OR 25
241227
242- SECTION 2. AND BE IT FURTHER ENACTED, That:
228+ 5. ON–SITE TYPE 2 FEEDSTOCK; 26
243229
244- (a) This Act is not intended to alter the rules or requirements for farms or
245-composting facilities operating without a composting permit in accordance with regulations
246-in effect on January 1, 2023.
230+ (III) 1. RECORDS THE: 27
247231
248- (b) The Department of the Environment shall require the operator of a farm to
249-provide written notice to the Department before conducting on–farm composting without a
250-permit in accordance with this Act.
232+ A. AMOUNT AND SOURCE OF OFF–SITE TYPE 2 28
233+FEEDSTOCK SOURCE–SEPARATED ORGANICS BEING COMPOSTED ; AND 29
234+ 6 HOUSE BILL 253
251235
252- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
253-October 1, 2023.
254236
255-Approved by the Governor, May 8, 2023.
237+ B. DATE AND TIME THE OFF–SITE TYPE 2 FEEDSTOCK 1
238+SOURCE–SEPARATED ORGANICS ARRIVES ON THE FARM ; AND 2
239+
240+ 2. RETAINS THE RECORDS F OR 3 5 YEARS; AND 3
241+
242+ 3. PROVIDES THE RECORDS TO THE DEPARTMENT ON 4
243+REQUEST FOR THE PURP OSE OF INSPECTION ; AND 5
244+
245+ (IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION 6
246+SPECIFIED IN REGULATIONS . 7
247+
248+ (4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL 8
249+SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
250+ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM 10
251+COMPOSTING FACILITIE S IN MARYLAND, INCLUDING: 11
252+
253+ (I) THE AMOUNT OF FOOD WA STE DIVERTED FROM LA NDFILLS; 12
254+
255+ (II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L 13
256+AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER 14
257+THIS SECTION; 15
258+
259+ (III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM 16
260+COMPOSTING FACILITIE S; 17
261+
262+ (IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE 18
263+ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND 19
264+
265+ (V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING 20
266+FACILITIES TO ALLOW FO R UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRAP 21
267+COMPOSTING ACTIVITIE S. 22
268+
269+ SECTION 2. AND BE IT FURTHER ENACTED, That: 23
270+
271+ (a) This Act is not intended to alter the rules or requirements for farms or 24
272+composting facilities operating without a composting permit in accordance with regulations 25
273+in effect on January 1, 2023. 26
274+
275+ (b) The Department of the Environment shall require the operator of a farm to 27
276+provide written notice to the Department before conducting on–farm composting without a 28
277+permit in accordance with this Act. 29
278+
279+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
280+October 1, 2023. 31
281+