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26.04.10.00.htm 26.04.10.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 10 Management of Coal Combustion Byproducts Authority: Environment Article, §1-404, 2-301, 9-252, 9-281―9-286, 9-289, 9-302, 9-313, 9-314, 15-503, 15-702, and 15-803, Annotated Code of Maryland; Ch. 480, Acts of 2009
26.04.10.01.htm 26.04.10.01. 01 Scope.. A. The purpose of this chapter is to provide for the regulation of coal combustion byproducts, and to establish certain requirements pertaining to the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts, including the use of coal combustion byproducts in coal and noncoal mining operations.B. Except as otherwise specifically provided, this chapter applies to persons engaged in the generat
26.04.10.02.htm 26.04.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Air pollution" has the meaning stated in Environment Article, §2-101(b) Annotated Code of Maryland.2) Beneficial Use.. a) "Beneficial use" means the use of coal combustion byproducts in a manufacturing process to make a product, or as a substitute for a raw material or commercial product, which, in either case, does not create an unreasonable risk to public health or
26.04.10.03.htm 26.04.10.03. 03 General Restrictions and Specifically Prohibited Acts.. A. General Restrictions. A person may not engage in the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts in a manner that is likely to:1) Create a nuisance;. 2) Create air pollution;. 3) Cause a discharge of pollutants to waters of this State except in accordance with a valid permit issued by the Department under Environment Article
26.04.10.04.htm 26.04.10.04. 04 Disposal.. A. Disposal. A person may not dispose of coal combustion byproducts except in accordance with the provisions of this regulation.B. A person shall dispose of coal combustion byproducts only in a coal combustion byproducts disposal facility or a solid waste acceptance facility that has been authorized by the Department for the disposal of coal combustion byproducts.C. On or after December 1, 2008, before a new coal combustion byproducts disposal facility may be co
26.04.10.05.htm 26.04.10.05. 05 Storage.. A. A person may not store coal combustion byproducts except in accordance with the provisions of this regulation.B. A person may not store coal combustion byproducts directly on the surface of the ground or in an unlined surface impoundment, pit, pond, or lagoon without the authorization of the Department.C. A person shall store coal combustion byproducts in a manner that prevents contact with waters of this State and that is designed either to minimize
26.04.10.06.htm 26.04.10.06. 06 Mine Reclamation.. A. A person may not use coal combustion byproducts in a mine reclamation activity or other mining operation, except in accordance with this chapter and §B or C of this regulation.B. Active and Abandoned Coal Mines. Coal combustion byproducts may be used in a surface coal mining and reclamation operation and in an abandoned coal mine only in accordance with the provisions of COMAR 26.20, including but not limited to COMAR 26.20.24.08.C. Noncoal Surface Mines.
26.04.10.07.htm 26.04.10.07. 07 Variances.. A. A person may apply to the Department for a variance from one or more of the provisions of this chapter.B. The Department may grant a variance if the basis for the variance application is demonstrated to the satisfaction of the Department to:1) Provide equal or greater protection to prevent a release or discharge of coal combustion byproducts to the environment as would be provided by compliance with the regulation for which a variance is2) Conserve and protect t
26.04.10.08.htm 26.04.10.08. 08 Reporting.. A. A generator of coal combustion byproducts shall maintain records of, and deliver to the Department by March 1 of each year an annual report that contains, the following:1) The name, address, and telephone number of the generator of any coal combustion byproducts;. 2) A description of the process that generates the coal combustion byproducts, including the type of coal or other raw material that generates the coal combustion byproducts;3) The annual volume of c
26.04.10.09.htm 26.04.10.09. 09 Generator Fees.. A. This regulation applies to generators of coal combustion byproducts.. B. Annual Generator's Fee.. 1) Except as provided in §D(5) of this regulation, a generator of coal combustion byproducts shall pay the Department an annual generator's fee.2) The annual generator's fee shall be determined by the Department on the basis of the total tons of coal combustion byproducts generated by a generator.C. Fee Payment.. 1) The Department shall submit a notice to a gener
26.04.10.10.htm 26.04.10.10. 10 Auditing.. A. The Department may inspect and audit all records or files associated with the annual reports required under Regulation .08 of this chapter, and the calculation and payment of the annual generator's fee required under Regulation .09 of this chapter.B. A generator shall maintain all records associated with the payment of the annual generator's fee for at least 3 years afteC. If an audit reveals any amount of money was improperly withheld from the Department:.
26.04.10.9999.htm 26.04.10.9999. Administrative History Effective date: December 1, 2008 (35:24 Md. R. 2080). Regulation .03B amended effective October 18, 2010 (37:21 Md. R. 1437). Regulation .09 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588) adopted permanently effective March 8, 2010 (37:5 Md. R 428)Regulation .10 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588) adopted permanently effective March 8, 2010 (37:5 Md. R 428)
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