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26.13.05.00.htm 26.13.05.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES Chapter 05 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
26.13.05.01.htm 26.13.05.01. 01 General.. A. Purpose, Scope, and Applicability.. 1) The purpose of this regulation is to establish minimum State standards which define the acceptable management of hazardous waste.2) The standards in this chapter apply to:. a) Owners and operators of facilities which treat, store, or dispose of hazardous waste;. b) All treatment, storage, or disposal of hazardous waste at active facilities or at inactive facilities, except as specifically provided otherwise in
26.13.05.02.htm 26.13.05.02. 02 General Facility Standards.. A. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01A provides otherwise.B. Identification Number. Every facility owner or operator shall apply to the State for an EPA identification number.C. Required Notices.. 1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Secretary in writing at lea
26.13.05.02-1.htm 26.13.05.02-1. 02-1 Site Selection for CHS Facilities.. A. A facility may not be located in an active fault zone.. B. Flood Plains.. 1) Definitions. The following definitions are used in §B(2) of this regulation:. a) "100-year flood" means a flood that has a 1 percent chance of being equaled or exceeded in any given year.b) "100-year flood plain" means any land area which is subject to a 1 percent or greater chance of a flooding in any given year from any source.c) "Washout" means the mo
26.13.05.03.htm 26.13.05.03. 03 Preparedness and Prevention.. A. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01A, of this chapter, otherwise provides.B. Design and Operation of Facility. Facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surfac
26.13.05.04.htm 26.13.05.04. 04 Contingency Plan and Emergency Procedures.. A. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01 otherwise provides.B. Purpose and Implementation of Contingency Plan.. 1) Every owner or operator shall have a contingency plan for his facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-s
26.13.05.05.htm 26.13.05.05. 05 Manifest System, Record Keeping, and Reporting.. A. Applicability.. 1) This regulation applies to owners and operators of both on-site and off-site facilities, except as Regulation .01 of this chapter otherwise provides.2) Sections B, C, and G of this regulation do not apply to owners and operators of:. a) On-site facilities that do not receive hazardous waste from off-site sources; or. b) Off-site facilities with respect to waste military munitions exempted fr
26.13.05.06.htm 26.13.05.06. 06 Ground Water Protection ― General.. A. Applicability.. 1) Except as provided in §A(3) of this regulation, Regulations .06―06-7 of this chapter apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in §A(2) of this regulation for all wastes or their constituents, contained in solid waste management units at the facility, regardless of the time at which waste was placed in tho
26.13.05.06-1.htm 26.13.05.06-1. 06-1 Ground Water Protection ― Program Elements.. A. Ground Water Protection Standard.. 1) During the compliance period established under §E of this regulation, the owner or operator shall comply with conditions specified in the facility permit to ensure that, in the uppermost aquifer underlying the waste management area beyond the point of compliance, hazardous constituents detected in the ground water from a regulated unit do not exceed the concentration li
26.13.05.06-2.htm 26.13.05.06-2. 06-2 General Ground Water Monitoring Requirements.. For any ground water monitoring program developed to satisfy Regulation .06-4, .06-5, or .06-6 of this chapter, the owner or operator shall:A. Obtain approval of the Secretary before installation;. B. Ensure that the ground water monitoring system:. 1) Consists of a sufficient number of wells, installed at appropriate locations and depths, to yield ground water samples from the uppermost aquifer that represent the quality
26.13.05.06-3.htm 26.13.05.06-3. 06-3 Statistical Methods for Evaluating Ground Water Monitoring Data.. A. General.. 1) The owner or operator shall specify, subject to §B of this regulation, a statistical method to be used in evaluating ground water monitoring data for each hazardous constituent identified in accordance with Regulation .06-1B of this chapter.2) Once a choice of statistical method is approved by the Secretary, the owner or operator shall use the statistical method as a condition of the owne
26.13.05.06-4.htm 26.13.05.06-4. 06-4 Detection Monitoring Program.. An owner or operator required to establish a detection monitoring program under this regulation shall, at a minimum, discharge the following responsibilities:A. The owner or operator shall monitor for waste constituents, reaction products, or indicator parameters, such as specific conductance, total organic carbon, or total organic halogen, that provide a reliable indication of the presence of hazardous constituents in ground wat
26.13.05.06-5.htm 26.13.05.06-5. 06-5 Compliance Monitoring.. A. Compliance Monitoring Program. An owner or operator required to establish a compliance monitoring program under this regulation shall, at a minimum, discharge the following responsibilities:1) Monitor the ground water to determine whether regulated units are in compliance with the ground water protection standard under Regulation .06-1A of this chapter;2) Comply with the ground water protection standard specified by the Secret
26.13.05.06-6.htm 26.13.05.06-6. 06-6 Corrective Action Program.. A. Corrective Action Program Content. An owner or operator required to establish a corrective action program under this regulation shall, at a minimum, discharge the following responsibilities:1) Take corrective action measures to ensure that regulated units are in compliance with the ground water protection standards under Regulation .06-1A of this chapter specified by the Secretary in the facility permit, including:
26.13.05.06-7.htm 26.13.05.06-7. 06-7 Corrective Action for Solid Waste Management Units.. A. The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment from all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.B. Corrective action shall be specified in the per
26.13.05.07.htm 26.13.05.07. 07 Closure and Post-Closure.. A. Applicability. Except as Regulation .01 of this chapter otherwise provides:. 1) Sections B―F(1) of this regulation, which concern closure, apply to the owners and operators of all hazardous waste facilities; and2) Sections F(2)J of this regulation, which concern post-closure care, apply to the owners and operators of:a) All hazardous waste disposal facilities;. b) Waste piles and surface impoundments from which the owner or operator in
26.13.05.08.htm 26.13.05.08. 08 Financial Requirements.. A. Except as provided in §B of this regulation, the Department adopts as its regulations the federal regulations at 40 CFR §264.140―264.148 and 264.151, which are incorporated by reference in COMAR 26.13.01.05B(1)a)B. For purposes of this regulation:. 1) Substitute "Secretary" for "Regional Administrator". 2) Substitute "Department" for "Environmental Protection Agency" or "Agency". 3) In establishing the financial assurance for clo
26.13.05.09.htm 26.13.05.09. 09 Use and Management of Containers.. A. Applicability. This regulation applies to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as Regulation .01, of this chapter, otherwise provides.B. Condition of Containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good
26.13.05.10.htm 26.13.05.10. 10 General Requirements for Hazardous Waste Management in Tank Systems.. A. Applicability.. 1) Owners and operators of facilities that use tank systems to treat or store hazardous waste shall comply with the requirements of this regulation and Regulations .10-1―10-7 of this chapter, except as otherwise provided in §A(2) (3) and (5) of this regulation or in Regulation .01 of this chapter.2) Tank systems that are used to store or treat hazardous waste which conta
26.13.05.10-1.htm 26.13.05.10-1. 10-1 Special Requirements for Hazardous Waste Management in Tank Systems.. A. Special Requirements for Ignitable or Reactive Wastes.. 1) An owner or operator may not place ignitable or reactive waste in a tank system unless one of the following conditions is met:a) The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:i) The resulting waste, mixture, or dissolved material no longer meets the definition of ignitable o
26.13.05.10-2.htm 26.13.05.10-2. 10-2 Assessment of Existing Tank System's Integrity.. A. Applicability. The requirements of this regulation apply to owners and operators of existing hazardous waste tank systems that do not have secondary containment meeting the requirements of Regulation .10-4 of this chapter.B. For each existing tank system that does not have secondary containment meeting the requirements of Regulation .10-4 of this chapter, the owner or operator shall:
26.13.05.10-3.htm 26.13.05.10-3. 10-3 Design and Installation of New Tank Systems and Components.. A. The owner or operator of a new tank system may not manage hazardous waste in the tank system unless the written assessment required by § B(1) of this regulation demonstrates to the Secretary's satisfaction that the foundation, structural support, seams, connections, and pressure controls, if applicable, are adequately designed, and that the tank system has sufficient structural strength, compat
26.13.05.10-4.htm 26.13.05.10-4. 10-4 Containment and Detection of Releases.. A. Except as allowed for in §F of this regulation and Regulation .10-5 of this chapter, an owner or operator shall provide secondary containment that meets the requirements of this regulation by the following deadlines:1) For all new tank systems or components, before their being put into service;. 2) For all existing tank systems used to store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that are:
26.13.05.10-5.htm 26.13.05.10-5. 10-5 Variances from Secondary Containment Requirements for Tank Systems.. A. The owner or operator may obtain a variance from the requirements of Regulation .10-4 of this chapter if the Secretary finds, as a result of a demonstration by the owner or operator, that:1) Alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the ground water and surface wat
26.13.05.10-6.htm 26.13.05.10-6. 10-6 Leaks, Spills, and Disposition of Leaking or Unfit-for-Use Tank Systems.. A. The owner or operator of a tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall:1) Immediately remove the tank system from service;. 2) Immediately stop the flow of hazardous waste into the tank system or secondary containment system;3) Inspect the system to determine the cause of the release;. 4) Remove waste from the
26.13.05.10-7.htm 26.13.05.10-7. 10-7 Closure and Post-Closure Care of Tank Systems.. A. At the closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless COMAR 26.13.02.03D applies.B. An owner or operator shall ensure that the closure plan, closure activities, cost estimates for closure, and financial res
26.13.05.11.htm 26.13.05.11. 11 Surface Impoundments.. A. Applicability. This regulation applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as Regulation .01 of this chapter otherwise provides.B. General Design Requirements.. 1) A surface impoundment shall be designed to provide:. a) At least 60 centimeters (2 feet) of freeboard; or. b) An amount of freeboard other than 60 centimeters based on documentation acceptable to the Secreta
26.13.05.12.htm 26.13.05.12. 12 Waste Piles.. A. Applicability.. 1) This regulation applies to owners and operators of facilities that store or treat hazardous waste in piles, except as Regulation .01 of this chapter provides otherwise.2) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under §B and D of this regulation and Regulations .06―06-7 of this chapte
26.13.05.13.htm 26.13.05.13. 13 Land Treatment.. A. Applicability. This regulation applies to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as Regulation .01 of this chapter provides otherwise.B. Treatment Program.. 1) An owner or operator subject to this regulation shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized w
26.13.05.14.htm 26.13.05.14. 14 Landfills.. A. Applicability. This regulation applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as Regulation .01 of this chapter provides otherwise.B. Design and Operating Requirements.. 1) Any landfill not covered by §B(3) of this regulation or COMAR 26.13.06.22C shall have a liner system for all portions of the landfill, except for existing portions of the landfill. The liner system shall:a) Have a liner that is d
26.13.05.15.htm 26.13.05.15. 15 Repealed..
26.13.05.16.htm 26.13.05.16. 16 Thermal Destruction of Hazardous Waste.. A. Definitions.. 1) As used in this regulation and in COMAR 26.13.07.22, the following terms have the meanings indicated.2) "Acute hazardous waste" means hazardous waste that is classified pursuant to COMAR 26.13.02.19 as acute hazardous waste, except for quantities that satisfy the small quantity exclusion in COMAR 26.13.02.05C.3) "Electric generating station" means a fuel burning facility constructed or operated by an electri
26.13.05.16-1.htm 26.13.05.16-1. 16-1 Miscellaneous Units.. A. Applicability. The requirements in this regulation apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as Regulation .01 of this chapter provides otherwise.B. Environmental Performance Standards.. 1) A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment.
26.13.05.17.htm 26.13.05.17. 17 Repealed..
26.13.05.17-1.htm 26.13.05.17-1. 17-1 General Requirements for Drip Pads.. A. Applicability.. 1) The requirements of this regulation and Regulations .17-2―17-4 of this chapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water run-off to an associated collection system.2) For the purposes of this regulation and Regulations .17-2―17-4 of this chapter:.
26.13.05.17-2.htm 26.13.05.17-2. 17-2 Design and Operating Requirements.. A. The owner or operator of a drip pad shall ensure that:. 1) The drip pad:. a) Is constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;. b) Is sloped to efficiently drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system; andc) Has a curb or berm around the perimeter;. 2) For an existing drip pad which does not satisfy
26.13.05.17-3.htm 26.13.05.17-3. 17-3 Inspections.. A. During construction or installation, the owner or operator shall ensure that liners and cover systems such as membranes, sheets, or coatings are inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, or foreign materials.B. Immediately after construction or installation, the owner or operator shall have the liners inspected and certified as meeting the requirements of Regulation .17-2 of this chapter by an independent
26.13.05.17-4.htm 26.13.05.17-4. 17-4 Closure of Drip Pads.. A. At closure, the owner or operator shall:. 1) Remove or decontaminate:. a) All waste residues;. b) Contaminated containment system components such as the pad and the liners;. c) Contaminated subsoils; and. d) Structures and equipment contaminated with waste and leakage; and. 2) Manage the waste listed in §A(1) of this regulation as hazardous waste.. B. The owner or operator shall close the facility and perform post-closure care in accordance with t
26.13.05.18.htm 26.13.05.18. 18 Containment Buildings ― Applicability.. A. The requirements of this regulation and Regulations .18-1―18-3 of this chapter apply to facility owners or operators who store or treat hazardous waste in units designed and operated under Regulations .18-1 and .18-2 of this chapter.B. A facility owner or operator who stores or treats hazardous waste in a containment building is not considered to be engaged in land disposal under §3004(k) of RCRA in operating the containment buil
26.13.05.18-1.htm 26.13.05.18-1. 18-1 Containment Buildings ― Design Standards.. A. The owner and operator of a containment building being used to manage hazardous waste shall assure that the containment building meets the following design standards:1) The containment building is a structure completely enclosed with a floor, walls, and a roof to:. a) Prevent exposure of the interior to the elements, that is, precipitation, wind, and surface water run-on; andb) Assure containment of managed wastes;.
26.13.05.18-2.htm 26.13.05.18-2. 18-2 Containment Buildings ― Operating Requirements.. A. General. The owner or operator of a containment building shall use controls and practices to ensure containment of hazardous waste within the unit.B. Measures to Ensure Containment. To ensure containment of hazardous waste within a containment building, the owner or operator of the containment building shall, at a minimum:1) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterior
26.13.05.18-3.htm 26.13.05.18-3. 18-3 Containment Buildings ― Closure and Post-Closure Care.. A. At closure of a containment building, the owner or operator shall:. 1) Remove or decontaminate all waste residues, contaminated system components such as liners, contaminated subsoils, and structures and equipment contaminated with waste and leachate; and2) Manage the removed materials and wastes generated in performing decontamination as hazardous waste unless COMAR 26.13.02.03D applies.B. The owner or operator
26.13.05.19.htm 26.13.05.19. 19 Underground Injection Control.. A person may not dispose of hazardous waste by underground injection..
26.13.05.20.htm 26.13.05.20. 20 Record-Keeping Instructions.. A. The record-keeping provisions of Regulation .05D of this chapter specify that an owner or operator shall keep a written operating record at the facility. This regulation provides additional instructions for keeping portions of the operating record. See Regulation .05D(2) of this chapter for additional record-keeping requirements.B. For each hazardous waste received, treated, stored, or disposed of at a facility, the owner or op
26.13.05.21.htm 26.13.05.21. 21 Hazardous Waste Munitions and Explosives Storage.. A. Applicability.. 1) This regulation applies to owners and operators who store munitions and explosive hazardous wastes, except as Regulation .01 of this chapter and §A(2) and (3) of this regulation otherwise provide.2) Depending on the explosive hazards of the waste, a person may be permitted to manage hazardous waste munitions and explosives in the following types of units rather than under this regulation:
26.13.05.22.htm 26.13.05.22. 22 EPA Interim Primary Drinking Water Standards.. Parameter. Maximum Level (milligrams/liter). Arsenic. 0.05. Barium. 1.0. Cadmium. 0.01. Chromium. Fluoride. 1.4 - 2.4. Lead. Mercury. 0.002. Nitrate (as N). 10. Selenium. Silver. Endrin. 0.0002. Lindane. 0.004. Methoxychlor. 0.1. Toxaphene. 0.005. 2,4-D. 2,4,5-TP Silvex. 0.01 Maximum Level. Radium. 5 pCi/liter. Gross Alpha. 15 pCi/liter. Gross Beta. 4 millirem/yr. Comment: Turbidity is applicable only to surface water supplies..
26.13.05.23.htm 26.13.05.23. 23 Cochran's Approximation to the Behrens-Fisher Student's t-test.. A. Using all the available background data (nb readings) calculate the background mean (xb) and background variance Sb2.For the single monitoring well under investigation (nm reading) calculate the monitoring mean (xm) and monitoring variance Sm2.For any set of data (x1, x2 .xn) the mean is calculated by:and the variance is calculated by:. where "n" denotes the number of observations in the set of data..
26.13.05.24.htm 26.13.05.24. 24 Examples of Potentially Incompatible Waste.. A. Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and environment, such as:1) Heat or pressure;. 2) Fire or explosion;. 3) Violent reaction;. 4) Toxic dusts, mists, fumes, or gases; or. 5) Flammable fumes or gases.. B. Below are examples of potentially incompatible wastes, waste components, and materials, along wit
26.13.05.9999.htm 26.13.05.9999. Administrative History Effective date:. Regulations .01―18 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1) adopted permanently effective April 3, 1981 (8:7 Md. R. 642)Regulations .01, .05G, .06, .08A, .11C, .12D, and .14C amended effective January 18, 1982 (9:1 Md. R. 20)Regulations .01―12, .18 amended effective January 31, 1983 (10:2 Md. R. 110). Regulations .01A, B, .02F, .05D, H, .07C, D, G, H, .08A, .09G, .10D, F, .11A-1, C, E―G, .12A, B, D,
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