26.13.03.01

.01 Purpose, Scope, and Applicability.

A. These regulations establish standards for generators of hazardous waste.

B. A generator who treats, stores, or disposes of hazardous wastes on-site shall only comply with the following sections of this chapter with regards to that waste:

(1) Regulation .02 of this chapter for determining whether or not he has a hazardous waste;

(2) Regulation .03 for obtaining an identification number;

(3) Regulation .06A(3) and (4) for record keeping;

(4) Regulation .06D for additional reporting;

(5) If applicable, Regulation .07-4 of this chapter for farmers; and

(6) Regulation .05E for accumulation time.

B-1. To determine the applicability of a provision of this chapter that depends on the amount of hazardous waste generated per calendar month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated.

C. Any person who imports foreign hazardous waste into the State shall comply with the standards applicable to generators established in this chapter.

D. A farmer who generates waste pesticides which are hazardous wastes and who complies with all of the requirements of Regulation .07-4 of this chapter is not required to comply with other standards in this chapter or COMAR 26.13.05, 26.13.06, or 26.13.07 with respect to these pesticides.

E. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with the requirements of this chapter. A generator of a hazardous waste who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in COMAR 26.13.05, 26.13.06, and 26.13.07.

F. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter.

G. Regulation by Reference. Reference to 49 CFR in this chapter is to 49 CFR as it has been adopted as of October 1, 2007.

H. A generator subject to regulation under this chapter shall also comply with the "Emergency Procedures" requirements of COMAR 26.13.05.04G(4).

I. A generator subject to regulation under this chapter shall follow the notification requirements of Section 3010 of RCRA.

J. Persons responding to an explosives or munitions emergency in accordance with the following are not required to comply with the standards of this chapter:

(1) COMAR 26.13.07.01A; and

(2) Any of the following:

(a) COMAR 26.13.05.01A(3)(h)(iv);

(b) COMAR 26.13.05.01D(5) and (6);

(c) COMAR 26.13.06.01A(4)(h)(iv); or

(d) COMAR 26.13.06.01A(5)(b) and (c).