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26.21.04.00.htm 26.21.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 21 MINING Chapter 04 Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation Authority: Environment Article, §1-404 and 15-803, Annotated Code of Maryland
26.21.04.01.htm 26.21.04.01. 01 Scope.. A. The purpose of this chapter is to establish certain requirements pertaining to the use of coal combustion byproducts in the reclamation of a noncoal surface mine.B. Except as otherwise specifically provided in this chapter, this chapter applies to persons engaged in the generation, storage, handling, processing, recycling, or use of coal combustion byproducts that are used or are to be used in the reclamation of a noncoal surface mine.C. Compliance with the pr
26.21.04.02.htm 26.21.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Coal Combustion Byproducts.. a) "Coal combustion byproducts" means the residue generated by or resulting from the burning of coal.b) "Coal combustion byproducts" includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal burning furnaces and boilers.
26.21.04.03.htm 26.21.04.03. 03 Authorization of Use and General Requirements.. A. Authorization of Use.. 1) Coal combustion byproducts may be used in the reclamation of a permitted noncoal surface mine only when approved by the Department.2) The Department shall review and approve the use as part of a permit review or permit modification in accordance with this chapter and in accordance with the applicable provisions of Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and COMAR 26.21.
26.21.04.04.htm 26.21.04.04. 04 Application for Use.. A. Before using coal combustion byproducts in the reclamation of a noncoal surface mine, a permittee shall submit to the Department for review and approval an application and comprehensive plans for the reclamation project, including, but not limited to, plans for the development and implementation of a leachate control and collection system.B. The Department shall review and, if acceptable, approve the application and plans before the use
26.21.04.05.htm 26.21.04.05. 05 Initial and Ongoing Characterization.. A. A person who uses or intends to use, or gives, sells, or otherwise provides for use, coal combustion byproducts for noncoal surface mine reclamation shall develop and implement a sampling plan, using a methodology acceptable to the Department for the initial characterization of the coal combustion byproducts.B. The sampling plan shall include the following:. 1) A list of the parameters to be analyzed and their detection limits (Prac
26.21.04.06.htm 26.21.04.06. 06 Leachate Control and Collection.. A. Minimum Requirements.. 1) The use of coal combustion byproducts in the reclamation of a noncoal surface mine requires the installation of a liner and leachate control and collection system that meets the minimum requirements of this section.2) A liner system shall be designed, constructed, and installed to facilitate collection of leachate generated from the coal combustion byproducts to prevent migration of pollutants to the adjacent su
26.21.04.07.htm 26.21.04.07. 07 Monitoring.. A. A person who proposes to use coal combustion byproducts in the reclamation of a noncoal surface mine shall submit a monitoring plan to the Department for review and approval.B. The monitoring plan shall be prepared in accordance with the following requirements and include at least the following information:1) A description of a system for monitoring the quality of the waters of the State around and beneath the site, including:
26.21.04.08.htm 26.21.04.08. 08 Closure.. A. Minimum Design Features.. 1) As each section of the mine reclamation using coal combustion byproducts is completed, the section shall be closed using the minimum design features specified in this regulation, unless otherwise approved by the Department.2) Low Permeability Layer. A low permeability cap shall be emplaced over the filled area. The cap material shall consist of synthetic material with a minimum thickness of 20 mil and a maximum permeabi
26.21.04.09.htm 26.21.04.09. 09 Post-Closure Monitoring and Maintenance.. A. A permittee shall conduct post-closure monitoring and maintenance of a permitted site as specified in this regulation for a period of time not less than 5 years after the complete installation of the closure cap under Regulation .08 of this chapter. This time period may be extended by the Department if the Department determines an extension is necessary under §F of this regulation.B. A permittee shall conduct all leachate manageme
26.21.04.10.htm 26.21.04.10. 10 Drinking Water Supply.. Based upon monitoring data, if a drinking water supply is impacted as determined by the Department during active operation or during post-closure up to the time of bond release, a permittee shall:A. Immediately provide a temporary potable water supply as directed by the Department until a permanent replacement is restored or replaced; andB. Replace at no cost to affected persons a permanent potable water supply that meets the minimum yi
26.21.04.11.htm 26.21.04.11. 11 Coordinated Review.. The Department shall coordinate the review of an application for the use of coal combustion byproducts in noncoal surface mine reclamation with all relevant Department administrations. The Department may seek comment and advice from other agencies as it considers appropriate.
26.21.04.12.htm 26.21.04.12. 12 Unauthorized Use of Coal Combustion Byproducts.. A use of coal combustion byproducts in a noncoal surface mine reclamation operation that is not in compliance with the provisions of this chapter as determined by the Department may be a disposal of a solid waste as determined by the Department and subject to all applicable laws and regulations governing the disposal of a solid waste, including applicable permit requirements of the Department.
26.21.04.9999.htm 26.21.04.9999. Administrative History Effective date: December 1, 2008 (35:24 Md. R. 2080).
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