3680                                        LAWS OF MARYLAND                                    Ch. 779

4. COMPOST. ;

(VI)  ACCEPTABLE CUMULATIVE LOADING RATES,
INCLUDING NITROGEN AND HEAVY METALS; AND

(VII)  SPECIAL REQUIREMENTS OF LAND USED FOR
TOBACCO PRODUCTION; AND

(VIII)  REASONABLE BUFFER AREAS ON SEWAGE SLUDGE
UTILIZATION SITES FROM ANY PROPERTY LINE OR RESIDENCE.

(4) (I) THE DEPARTMENT SHALL ADOPT RULES OR
REGULATIONS TO ESTABLISH A MECHANISM FOR DETERMINING UTILIZER'S
FEES AN ANNUAL GENERATOR'S FEE, WHICH SHALL INCLUDE PUBLIC INPUT
INTO THE DEVELOPMENT OF THE FEE SCHEDULES.

(II) THE FEE SCHEDULES SHALL TAKE INTO ACCOUNT:

1.  THE VOLUME OF SEWAGE SLUDGE PRODUCED
OR OTHERWISE GENERATED BY THE SEWAGE SLUDGE GENERATOR AND THE
METHOD BY WHICH THE SLUDGE IS UTILIZED;

2.  THE ANTICIPATED COSTS OF MONITORING
AND REGULATING THE UTILIZATION SITES;

3.  THE ANTICIPATED NEEDS OF THE PROGRAM;
AND

4.  THE POTENTIAL HAZARD TO THE PUBLIC
HEALTH, SAFETY, OR WELFARE OR TO THE ENVIRONMENT; AND

5. EXCEPT FOR PERMITS FOR PERMANENT

FACILITIES DESIGNED PRIMARILY FOR SEWAGE SLUDGE UTILIZATION, A
SEWAGE SLUDGE UTILIZATION PERMIT FEE MAY EXCEED $100.

(B) (1) (I) FOR ANY APPLICATION TO SPREAD SEWAGE SLUDGE ON
MARGINAL LAND AND BEFORE CONSTRUCTION OF ANY PERMANENT FACILITY
THAT IS DESIGNED PRIMARILY FOR SEWAGE SLUDGE UTILIZATION, THE
DEPARTMENT SHALL PUBLISH NOTICE IN A LOCAL NEWSPAPER HAVING
SUBSTANTIAL CIRCULATION IN THE COUNTY AND MAIL A COPY OF THE
NOTICE TO THE COUNTY HEALTH OFFICER LOCAL HEALTH OFFICIAL, THE
CHAIRMAN OF THE COUNTY LEGISLATIVE BODY, AND THE ELECTED
EXECUTIVE, IF ANY, OF THE RESPECTIVE POLITICAL SUBDIVISION COUNTY
AND MUNICIPALITY IN WHICH THESE ACTIVITIES WOULD OCCUR.

(II)  WITHIN 15 DAYS OF THE RECEIPT OF THE
APPLICATION, THE EXECUTIVE OR THE LEGISLATIVE BODY OF THE
POLITICAL SUBDIVISION COUNTY AND OR MUNICIPALITY MAY REQUEST A
PUBLIC HEARING.

(III)  THE DEPARTMENT SHALL CONDUCT A PUBLIC
HEARING IN THE AFFECTED SUBDIVISION IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT.