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26.13.07.00.htm 26.13.07.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES Chapter 07 Permits for CHS Facilities Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
26.13.07.01.htm 26.13.07.01. 01 Permit Required.. A. Except for persons identified in COMAR 26.13.05.01 A(3) or D, 26.13.06.01A(4) or (5) or 26.13.07.23A(1) a person may not operate any facilities without first obtaining a valid CHS permit from the Department. A CHS permit will not be issued without the facility first having applied for an EPA identification number.B. A person may not begin physical construction of a new facility without having submitted a complete permit application and
26.13.07.02.htm 26.13.07.02. 02 Application for a Permit.. A. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign and submit an application to the Secretary as described in this section. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in Regulation .19.B. When a facility or activity is owned by one person but is operated by another person, it is the o
26.13.07.02-1.htm 26.13.07.02-1. 02-1 Additional Information Requirements ― Ground Water Protection.. A. Applicability. This regulation applies to persons seeking or required to obtain a controlled hazardous substances (CHS) facility permit to manage hazardous waste in a regulated unit, as defined in COMAR 26.13.05.06A(2)b)B. Except as otherwise provided in COMAR 26.13.05.06A(3) a person subject to this regulation shall provide the following additional information regarding protection of ground
26.13.07.02-10.htm 26.13.07.02-10. 02-10 Specific Information Requirements for Solid Waste Management Units.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit shall provide the Secretary with the following information for each solid waste management unit at the facility:1) The location of the unit on the topographic map required under Regulation .02D(35) of this chapter;2) Designation of type of unit;.
26.13.07.02-11.htm 26.13.07.02-11. 02-11 Specific Information Requirements for Drip Pads.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to collect, store, or treat hazardous waste on a drip pad shall provide the Secretary with the following specific information in a permit application:1) A list of hazardous wastes placed or to be placed on each drip pad;. 2) If an exemption is sought to the requirements of COMAR 26.13.05.06―06-7,
26.13.07.02-2.htm 26.13.07.02-2. 02-2 Specific Information Requirements for Containers.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to manage hazardous waste in containers shall provide the Secretary with the specific information required by §B and C of this regulation.B. For facilities that store containers of hazardous waste, except as otherwise provided in COMAR 26.13.05.09, the permit applicant shall provide the
26.13.07.02-3.htm 26.13.07.02-3. 02-3 Specific Information Requirements for Tank Systems.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to manage hazardous waste in tanks shall provide the Secretary with the specific information required by §B of this regulation.B. For facilities that use tanks to store or treat hazardous waste, except as otherwise provided in COMAR 26.13.05.10A, the permit applicant shall provide a description of des
26.13.07.02-4.htm 26.13.07.02-4. 02-4 Specific Information Requirements for Surface Impoundments.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to use a surface impoundment to store, dispose, or treat hazardous waste shall provide the Secretary with the specific information required by §B of this regulation.B. For facilities that store, dispose of, or treat hazardous waste in surface impoundments, except as otherwise provided in C
26.13.07.02-5.htm 26.13.07.02-5. 02-5 Specific Information Requirements for Waste Piles.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to use a waste pile to store, dispose, or treat hazardous waste shall provide the Secretary with the specific information required by §B of this regulation.B. For facilities that store or treat hazardous waste in waste piles, except as otherwise provided in COMAR 26.13.05.12, the
26.13.07.02-6.htm 26.13.07.02-6. 02-6 Specific Information Requirements for Incinerators.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to incinerate hazardous waste shall provide the Secretary with the specific information required by §B and C of this regulation.B. For facilities that incinerate hazardous waste, except as otherwise provided in COMAR 26.13.05.16B, the permit applicant shall provide the followin1) If the applicant is se
26.13.07.02-7.htm 26.13.07.02-7. 02-7 Specific Information Requirements for Land Treatment.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses or is proposed to use land treatment to dispose of hazardous waste shall provide the Secretary with the specific information required by §B―D of this regulation.B. For facilities that use land treatment to dispose of hazardous waste, ex
26.13.07.02-8.htm 26.13.07.02-8. 02-8 Specific Information Requirements for Landfills.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses, or is proposed to use, a landfill to manage hazardous waste shall provide the Secretary with the specific information required by §B of this regulation.B. For facilities that dispose of hazardous waste in landfills, except as otherwise provided in COMA
26.13.07.02-9.htm 26.13.07.02-9. 02-9 Specific Information Requirements for Miscellaneous Units.. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses, or is proposed to use, miscellaneous units to manage hazardous waste shall provide the Secretary with the specific information required by §B of this regulation.B. For facilities that treat, store, or dispose of hazardous waste in misce
26.13.07.03.htm 26.13.07.03. 03 Signatories to Permit Applications and Reports.. A. Applications. All permit applications shall be signed as follows:. 1) For a corporation, by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
26.13.07.03-1.htm 26.13.07.03-1. 03-1 Permit Denial.. The Secretary may, under the procedures in Regulations .20―20-6 of this chapter, deny the permit application either in its entirety, or as to the active life of a hazardous waste management facility or unit only.
26.13.07.04.htm 26.13.07.04. 04 Conditions Applicable to All Permits.. A. The conditions described in this regulation apply to all permits, and the Secretary shall incorporate them into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be given in the permit.B. Duty to Comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the appropriate Act and is grounds for:
26.13.07.05.htm 26.13.07.05. 05 Establishing Permit Conditions.. A. In addition to conditions required by regulation, the Secretary may establish conditions as required on a case-by-case basis.B. Each permit shall include permit conditions necessary to achieve compliance with the State law and regulations, including each of the applicable requirements specified in this subtitle. In satisfying this provision, the Secretary may incorporate applicable requirements of 40 CFR Parts 264, 266, 2
26.13.07.06.htm 26.13.07.06. 06 Duration of Permits.. A. Permits shall be effective for a fixed term not to exceed 10 years.. B. The Secretary may issue any permit for a duration that is less than the full allowable term under this section.C. The Secretary shall review each permit for a land disposal facility 5 years after the date of permit issuance and shall modify the permit as necessary, as provided in Regulation .11 of this chapter.
26.13.07.07.htm 26.13.07.07. 07 Schedules of Compliance.. A. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the appropriate Act and regulations.B. Time for Compliance. Any schedules of compliance under this section shall require compliance as soon as possible.C. Interim Dates.. 1) Except as provided in §E(1)b) if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim r
26.13.07.08.htm 26.13.07.08. 08 Requirements for Recording and Reporting of Monitoring Results.. All permits shall specify:. A. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate)B. Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continC. Applicable reporting r
26.13.07.09.htm 26.13.07.09. 09 Effect of a Permit.. A. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.B. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of local law or regulations.
26.13.07.10.htm 26.13.07.10. 10 Transfer of Permits.. A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued under Regulation .11, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary.
26.13.07.11.htm 26.13.07.11. 11 Modification, Withdrawal, or Revocation and Reissuance of Permits.. A. When the Secretary receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) he or she may determine whether or not one or more of the clauses listed in §A and B of this regulation, for modification or revocatio
26.13.07.12.htm 26.13.07.12. 12 Termination of Permits.. A. The following are causes for terminating a permit during its term, or for denying a permit renewal application:1) Noncompliance by the permittee with any condition of the permit;. 2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;3) A determination that the permitted activity endangers human health or th
26.13.07.13.htm 26.13.07.13. 13 Processing Minor Modifications of Permits.. Upon the consent of the permittee, the Secretary may modify a permit to make the corrections or allowances for changes in the permitted activity identified in Regulations .13-1―13-3 of this chapter without following the procedures of Regulations .20―20-6 of this chapter. Any permit modification not processed as a minor modification under this regulation and Regulations .13-1 ―13-3 of this chapter shall be made for cause a
26.13.07.13-1.htm 26.13.07.13-1. 13-1 Minor Modifications ― Newly Regulated Hazardous Wastes or Newly Regulated Units.. A. Permit modifications to allow for the continued management of a waste newly listed or identified as hazardous under COMAR 26.13.02, or to allow for the continued management of hazardous wastes in units newly regulated as hazardous waste management units, may be processed as minor modifications if the following conditions are met:1) The unit that is the subject of the modificatio
26.13.07.13-2.htm 26.13.07.13-2. 13-2 Specific Changes Eligible for Processing as a Minor Permit Modification.. A. Except as provided in Regulations .13-1 and .13-3 of this chapter, only modifications to accomplish the following may be processed as minor modifications:1) The following changes to general permit provisions:. a) Correction of typographical errors;. b) Requirement of more frequent monitoring or reporting by the permittee;. c) Change in an interim compliance date in a schedule of compliance, provid
26.13.07.13-3.htm 26.13.07.13-3. 13-3 General Criteria Defining Eligibility for Processing as a Minor Modification.. A. Requests for Determination of Eligibility for Processing as a Minor Modification.. 1) For modifications not listed in Regulation .13-1 or .13-2 of this chapter, the permittee may request a determination by the Secretary that the modification should be processed as a minor modification.2) The permittee shall provide the Secretary with the information necessary to support the requested
26.13.07.14.htm 26.13.07.14. 14 Emergency Permits, Short Term Permits, and Phased Permits.. A. Notwithstanding any other provision of this regulation, if the Secretary finds an imminent and substantial endangerment to human health or the environment, the Secretary may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal of hazardous waste for a non-permitted facility or a hazardous waste not covered by the permit for a facility with an effective permi
26.13.07.15.htm 26.13.07.15. 15 Additional Conditions; Applicable Permits.. A. The permittee need not comply with the conditions of this permit to the extent and for the duration the noncompliance is authorized in any emergency permit.B. The permittee shall maintain records from all ground monitoring wells and associated ground water surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period.C. For a new hazardous waste management facility,
26.13.07.16.htm 26.13.07.16. 16 Establishing Permit Conditions.. In addition to the conditions established under Regulation .05 of this chapter, each permit shall include each of the applicable requirements of COMAR 26.13.05.
26.13.07.17.htm 26.13.07.17. 17 Hazardous Waste Incinerator Permits.. A. Start-Up.. 1) For the purposes of determining operational readiness following completion of physical construction, the Department will establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit for a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness sufficien
26.13.07.18.htm 26.13.07.18. 18 Permits for Land Treatment Demonstrations Using Field Test or Laboratory Analyses.. A. General.. 1) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of COMAR 26.13.05.13C, the Secretary may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in COMAR 26.13.05.13C(3) The permit may be issued either as a treatment or disposal permit covering only the fie
26.13.07.19.htm 26.13.07.19. 19 Research, Development, and Demonstration Permits.. A. The Secretary may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for the experimental activity have not been adopted in COMAR 26.13.05. The permit shall include those terms and conditions that assure protection of human health and the env
26.13.07.19-1.htm 26.13.07.19-1. 19-1 Administrative Procedures ― Preapplication Requirements.. A. Applicability.. 1) The requirements of this regulation apply to persons seeking, under this chapter:. a) An initial permit for a hazardous waste management unit at a CHS facility; or. b) Renewal of a permit for a hazardous waste management unit at a CHS facility for which the applicant is proposing a change in facility operations that would qualify as a Class 3 permit modification under 40 CFR §270.42.
26.13.07.19-2.htm 26.13.07.19-2. 19-2 Public Access to Information.. A. Public Access to Permit Applications. Concurrent with the notice required by Regulation .20-2A(5) and (6) of this chapter, the Secretary shall place the permit application and any supporting documents in a location accessible to the public near the facility or at the Department's offices.B. Information Repository.. 1) The requirements of this section apply to all applicants seeking a CHS facility permit under this chapter for a hazardous
26.13.07.20.htm 26.13.07.20. 20 Administrative Procedures ― Permit Applications and Modifications.. A. Application for a Permit.. 1) Any person who requires a permit shall complete, sign, and submit an application to the Secretary.2) The Secretary may not begin the processing of a permit until the applicant has fully complied with the application requirements.3) Permit applicants shall comply with the signature and certification requirements of Regulation .03 of this chapter.4) The Secretary shall re
26.13.07.20-1.htm 26.13.07.20-1. 20-1 Administrative Procedures―Tentative and Final Determinations.. A. Tentative Determinations and Draft Permits.. 1) Once an application is complete, the Secretary shall prepare a tentative determination that includes the following information:a) A proposal to issue or to not issue the permit;. b) Any proposed permit limitations and conditions;. c) A brief explanation of the Department's tentative determination;. d) Any proposed schedule of compliance; and.
26.13.07.20-2.htm 26.13.07.20-2. 20-2 Administrative Procedures―Public Notices of Permit Actions and Public Comment Period.. A. The Secretary shall give public notice that the following actions have occurred:. 1) A permit application has been tentatively denied;. 2) A draft permit has been prepared;. 3) Public hearings or informational meetings have been scheduled;. 4) An appeal has been granted;. 5) An application to own, operate, establish, or maintain a CHS facility has been received by the Department;
26.13.07.20-3.htm 26.13.07.20-3. 20-3 Administrative Procedures―Informational Meetings on Permit Applications.. A. The Department shall provide an opportunity for an informational meeting, with respect to a CHS facility permit application:1) At the Department's discretion; or. 2) On written request, if the request is made within 10 working days after publication of a notice of receipt of application.B. The Department may cancel an informational meeting scheduled under §A of this regulation if all p
26.13.07.20-4.htm 26.13.07.20-4. 20-4 Administrative Procedures―Public Comments.. A. Public Comments and Requests for Public Hearings.. 1) During the public comment period provided, any interested person may:. a) Submit written comments on the draft permit; and. b) Request a public hearing, if no hearing has already been scheduled.. 2) A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing.3) The Secretary shall:.
26.13.07.20-5.htm 26.13.07.20-5. 20-5 Administrative Procedures―Hearings.. A. Public Hearings.. 1) The Secretary:. a) Shall hold a public hearing whenever the Secretary:. i) Receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, orii) Receives a written request for a hearing within 45 days of public notice;. b) May hold a public hearing at the Secretary's discretion, whenever, for instance, a hearing might clarify one or more issue
26.13.07.20-6.htm 26.13.07.20-6. 20-6 Administrative Procedures―Issuance and Effective Date of Permits.. A. After the close of the public comment period on a draft permit under Regulation .20-2 of this chapter, the Secretary shall:1) Issue a final permit decision;. 2) Notify the applicant and each person who has submitted written comments or requested notice of the final permit decision; and3) Include in the notice required by §A(2) of this regulation reference to the procedures for appeal
26.13.07.21.htm 26.13.07.21. 21 Permit Fees.. A. Application Fee.. 1) A person applying for a facility permit, a facility permit renewal, or a major modification of a facility permit shall pay a nonrefundable application fee according to the fee schedule in §A(2) of this regulation.2) Application Fee Schedule. The application fee is:. a) $2,000 for an application for a new or previously unpermitted storage facility;. b) $3,000 for an application for a new or previously unpermitted treatment
26.13.07.22.htm 26.13.07.22. 22 Limited Facility Permits for Thermal Destruction Facilities other than Hazardous Waste Incinerators.A. Permits Required.. 1) A person may not thermally destroy hazardous waste in an installation other than a hazardous waste incinerator without first obtaining a Limited Facility Permit and an air quality operating permit, except that an electric generating station is not required to obtain an air quality operating permit.2) The effects of these regulations with respect t
26.13.07.23.htm 26.13.07.23. 23 Interim Status.. A. Qualifying for Interim Status.. 1) Except as provided in §A(3) of this regulation, an owner or operator of a facility identified in COMAR 26.13.06.01A may qualify for interim status and may operate as if the owner or operator has a CHS permit if the owner or operator has complied with the requirements of:a) §3010(a) of RCRA, pertaining to notification of hazardous waste activity, if applicable;.
26.13.07.9999.htm 26.13.07.9999. Administrative History Effective date:. Regulations .01―05 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)Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20). Regulation .02A―F repealed, and new .02A―O adopted effective January 31, 1983 (10:2 Md. R. 110). Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective
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