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26.04.07.03

.03 General Restrictions and Specifically Prohibited Acts.

A. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility, shall consider all material required to be submitted under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in solid waste handling in a manner which will likely:

(1) Create a nuisance;

(2) Be conducive to insect and rodent infestation or the harboring of wild dogs or other animals;

(3) Pollute the air;

(4) Cause a discharge of pollutants to waters of this State unless otherwise permitted under Environment Article, §7-232 or 9-323, Annotated Code of Maryland;

(5) Impair the quality of the environment; or

(6) Create other hazards to the public health, safety, or comfort as may be determined by the Approving Authority.

B. Specific Prohibited Acts.

(1) Operation of a System of Refuse Disposal for Public Use Without a Permit. A person may not:

(a) Construct or operate a system of refuse disposal for public use without first obtaining a valid permit issued under these regulations, or a permit issued under Environment Article, §7-232 or 9-323, Annotated Code of Maryland;

(b) Cause, suffer, allow, or permit the construction or operation of an unpermitted system of refuse disposal for public use on his or her property.

(2) Operation of an Industrial Waste Acceptance Facility. A person who constructs or operates an industrial waste acceptance facility for private use is not required to obtain a permit, but shall comply with the regulations applicable to the construction, installation, and operation of solid waste acceptance facilities. Whenever the Department finds that a person has violated this regulation, the Department shall issue an order under Environment Article, §9-224, Annotated Code of Maryland. If the owner or operator elects to alter the method of waste disposal at his facility, he shall apply for a permit under Environment Article, §9-224, Annotated Code of Maryland, and submit the information required in Regulation .20A to the Department within 60 days.

(3) Burning. Solid waste may not be burned at a solid waste acceptance facility except as permitted by the Approving Authority.

(4) Operating an Open Dump. Solid waste may not be disposed of by any person in an open dump. A person may not cause, suffer, allow, or permit open dumping on his property.

(5) Accepting Controlled Hazardous Substances. Waste regulated under COMAR 26.13.07 may not be accepted at a solid waste acceptance facility unless specifically authorized by a valid permit issued under COMAR 26.13.07.

(6) Accepting Infectious Waste. Unless specifically authorized by the Approving Authority, infectious waste may not be accepted at any solid waste acceptance facility.

(7) Scavenging or Salvaging. Scavenging or salvaging may not be conducted at any system of refuse disposal for public use except as specifically authorized by the Approving Authority. Scavenging or salvaging at a system for refuse disposal for public use is permitted provided that the following conditions are satisfied:

(a) The operations manual for the site clearly describes the scavenging or salvaging process to be employed and the safety precautions to be followed;

(b) Areas for scavenging or salvage are clearly designated and are separate from the working face of the fill; and

(c) The Approving Authority determines that the scavenging or salvaging can be accomplished in a manner that does not endanger the public health or the environment.

(8) Disposal of Liquid Wastes. Liquid wastes and wastes containing free liquids may only be disposed of at a solid waste acceptance facility that has been specifically authorized by the Department to handle those wastes. The presence of free liquids shall be determined by application of the free liquid test as specified in 47 FR 8311 (1982), which is incorporated by reference.

(9) Explosive Gases. A facility may not be designed or operated in such a manner that the concentration of explosive gases generated by the facility exceeds 25 percent of the lower explosive limits for the gases in facility structures, excluding gas control or recovery system components, and the lower explosive limit for the gases at the property boundary.

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