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26.04.01.00.htm 26.04.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 01 Quality of Drinking Water in Maryland Authority: Environment Article, Title 9, Subtitles 2 and 4, Annotated Code of Maryland
26.04.01.01.htm 26.04.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Action level" means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.2) "Approving Authority" means the Secretary of the Environment or his designee.. 3) "Best available technology (BAT) means the best technology, treatment techniques, or other means which the approving autho
26.04.01.01-1.htm 26.04.01.01-1. 01-1 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated. Code of Federal Regulations (CFR) ― 40 CFR §141 and 142 (July 1, 2014). 1) Surface Water Treatment Rule (40 CFR §141.70―141.76, Subpart H) June 8, 2001, January 14, 2002, October 23, 2002, October 29, 2002, and February 13, 2013 revisions.2) Interim Enhanced Surface Water Treatment Rule (40 CFR §141, Subpart P, §141.170―141.175) January
26.04.01.02.htm 26.04.01.02. 02 Coverage.. This regulation applies to each public water system in the State except that it does not apply to a public water system which satisfies all of the following:A. Consists only of distribution and storage facilities, and does not have any collection and treatment facilities;B. Obtains all of its water from, but is not owned or operated by, a supplier of water to which this regulation applies;C. Does not sell water to any person; and.
26.04.01.03.htm 26.04.01.03. 03 Requirements for a Variance, Granting a Variance, and Public Hearings.. A. The Approving Authority may grant to a supplier of water a variance or variances from certain requirements of this chapter. The requirements for obtaining variances are as follows:1) The Approving Authority may issue a variance based on the condition that the supplier of water installs the best technology, treatment techniques, or other means, which the Approving Authority finds are available when taki
26.04.01.03-1.htm 26.04.01.03-1. 03-1 Variances and Exemptions for Synthetic Organic Chemicals.. A. In addition to the procedures prescribed in Regulations .03 and .04 of this chapter, variances and exemptions from the maximum contaminant levels for synthetic organic chemicals may be granted by the Approving Authority if the requirements set forth below in §A(1)4) and in §B and C of this regulation are met:1) Except as provided in §A(2) of this regulation, a supplier of water is eligible for a variance on
26.04.01.04.htm 26.04.01.04. 04 Requirements for an Exemption, Granting an Exemption, and Public Hearings.. A. The Approving Authority may grant exemptions to public water systems, after documentation and consideration of findings, as specified in 40 CFR §142.20 and 142.50. The Approving Authority may not issue an exemption to a public water system granted a variance under §1415(e) of the Safe Drinking Water Act. Exemptions may not be granted for the maximum contaminant level for total coliforms, and E.
26.04.01.05.htm 26.04.01.05. 05 Design, Construction, and Modification of Public Water Supply Systems.. A. A construction permit shall be obtained from the Approving Authority before construction of a new public water system or before increasing the capacity of or substantially modifying an existing public water system. For new or expanded public water systems, plans shall be submitted to the Approving Authority according to COMAR 26.03.01.B. To the extent practicable, location of part or
26.04.01.05-1.htm 26.04.01.05-1. 05-1 Use of Noncentralized Treatment Devices.. A. A supplier of water may use point-of-entry devices to comply with maximum contaminant levels only if the supplier meets the following requirements. The supplier shall:1) Apply the technology under a plan approved by the Approving Authority. The plan shall:. a) Include results from field testing the device to be employed.. b) Provide certification that a device will achieve the desired performance.. c) Describe a monitoring
26.04.01.05-2.htm 26.04.01.05-2. 05-2 Treatment Requirements for Surface Water Supplies and Ground Water Supplies Under Direct Influence of Surface Water.A. A supplier of water using a surface water source or a ground water source under the direct influence of surface water shall provide treatment that complies with the treatment technique requirements of 40 CFR Part 141, Subparts H, P, and T. The treatment requirements mandate installing and properly operating water treatment processes that reliably achieve:
26.04.01.05-3.htm 26.04.01.05-3. 05-3 Treatment Requirements―Control of Disinfection Byproduct (DBP) Precursors.. A. Suppliers of water using surface water or ground water under the direct influence of surface water using conventional filtration treatment serving 10,000 or more individuals shall comply with the requirements of 40 CFR Part 141, Subpart L, beginning January 1, 2002.B. Suppliers of water using surface water or ground water under the direct influence of surface water using conventional filt
26.04.01.05-4.htm 26.04.01.05-4. 05-4 Recycle Provisions.. A. Applicability. All Subpart H systems that employ conventional filtration or direct filtration treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall meet the requirements in §B―D of this regulation.B. Reporting.. 1) Suppliers of water shall notify the Approving Authority in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquid
26.04.01.05-5.htm 26.04.01.05-5. 05-5 Treatment Requirements for Ground Water Supplies.. A. Applicability. All public water suppliers that use ground water are subject to the requirements of 40 CFR §141 Subpart S except public water suppliers that combine all of their ground water with surface water or with ground water under the direct influence of surface water prior to treatment under 40 CFR §141 Subpart H. For the purposes of this regulation, "ground water system” is defined as any public water system sub
26.04.01.06.htm 26.04.01.06. 06 Maximum Contaminant Level for Inorganic Chemicals in Drinking Water.. A. With the exception of nitrate, nitrite, and total nitrate plus nitrite, all inorganic chemical contaminant levels are based on potential adverse health effects resulting from long term exposure to the contaminant in drinking water. All suppliers of water to community water systems shall comply with the MCL for fluoride. All suppliers of water to community water systems and nontransient noncommu
26.04.01.06-1.htm 26.04.01.06-1. 06-1 Best Available Technology for Inorganic Chemicals.. The Approving Authority has identified the treatment technologies appearing at 40 CFR §141.62(c) and (d) and 142.61(a) as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant level for inorganic constituents listed in Regulation .06 of this chapter.
26.04.01.06-2.htm 26.04.01.06-2. 06-2 Control of Lead and Copper.. A. Suppliers of water to a public water system shall comply with the requirements of 40 CFR §141.80―141.91. These requirements, based on treatment technique requirements, require regular testing by suppliers of water for lead and copper, establish procedures to reduce lead and copper at consumers' taps, and specify public education actions.B. Additional Monitoring Requirements for Lead and Copper in Tap Water.. 1) Reduced Monitoring..
26.04.01.07.htm 26.04.01.07. 07 Maximum Contaminant Levels for Organic Chemicals in Drinking Water.. A. Suppliers of water to community water systems and nontransient noncommunity water systems shall comply with the MCLs for organic chemicals in §D, E, and F of this regulation.B. Maximum Contaminant Levels for Total Trihalomethanes. Community and nontransient noncommunity Subpart H systems serving 10,000 or more individuals shall comply with §F(1)4) of this regulation beginning January 1, 2002. Com
26.04.01.07-1.htm 26.04.01.07-1. 07-1 Best Available Technology for Organic Chemicals.. A. The Approving Authority has identified the best available technology to achieve the maximum contaminant levels for contaminants listed in Regulation .07D and E of this chapter. These technologies include granular activated carbon (GAC) packed tower aeration (PTA) and oxidation (OX)B. The best available technology for each contaminant listed in Regulation .07D and E of this chapter is specified in the following table:
26.04.01.07-2.htm 26.04.01.07-2. 07-2 Treatment Techniques for Acrylamide and Epichlorohydrin.. A. A supplier of water to a public water system who uses products containing acrylamide or epichlorohydrin shall certify annually, in writing to the Approving Authority, that the product of monomer level and dosage does not exceed the following levels:1) For acrylamide, 0.05 percent dosed at 1 ppm (or an equivalent combination of monomer concentration in the material being added and polymer dosage r
26.04.01.08.htm 26.04.01.08. 08 Maximum Contaminant Level for Turbidity in Drinking Water.. A. The maximum contaminant level for turbidity is applicable to all suppliers of water using surface water sources, or ground water sources under the direct influence of surface water, in whole or in part.B. Until June 29, 1993, the maximum contaminant level for turbidity in drinking water, when measured at a representative entry point to the distribution system, is:1) 1 turbidity unit (TU) as determined by a monthl
26.04.01.09.htm 26.04.01.09. 09 Maximum Contaminant Levels for Radioactive Substances in Drinking Water.. A. The maximum containment levels for radioactive substances are applicable only to community water systems. The following are the MCLs for radioactive substances:1) Alpha particle radioactivity:. Contaminant. Maximum Contaminant Level. a) Combined radium-226 and radium-2281. 5 pCi/l. b) Gross alpha particle activity (including radium-226). 15 pCi/l. c) Uranium. 30 µg/l2. 1 The combined radium-226
26.04.01.10.htm 26.04.01.10. 10 Maximum Contaminant Levels for Coliform Bacteria in Drinking Water.. A. Until March 31, 2016, the maximum contamination level of total coliform is based on the presence or absence of total coliform in each sample, rather than coliform density. The maximum contaminant level for coliform bacteria is exceeded if:1) More than 5 percent of the samples collected in any month are positive for total coliform for any supplier of water that collects 40 or more samples a month;
26.04.01.11.htm 26.04.01.11. 11 Microbiological Contaminant Sampling and Analytical Requirements for Total Coliform.. A. Routine Monitoring for Total Coliform of Community and Noncommunity Water Supply Systems Until March 31, 2016.1) A supplier of water to a community water system shall sample for total coliform at regular intervals throughout the month and in number proportionate to the population served as set forth in the coliform sample table in §A(2) of this regulation.2) Coliform Sample Table..
26.04.01.11-1.htm 26.04.01.11-1. 11-1 Microbiological Contaminant Sampling and Analytical Requirements for Fecal Coliform Until March 31, 2016.A. When any routine or repeat sample is total coliform-positive, the supplier of water shall analyze that total coliform culture medium for fecal coliform or E. coli. The Approving Authority may allow a public water system to forego the fecal coliform or E. coli analysis if the supplier of water assumes that the total coliform-positive is fecal coliform-positive or E. coli
26.04.01.11-2.htm 26.04.01.11-2. 11-2 Frequency of Repeat Sampling and Sample Invalidation for Total Coliform, and Triggered Source Water Monitoring.A. Frequency of Repeat Sampling for Total Coliform Until March 31, 2016.. 1) If a routine sample is total coliform-positive, the supplier of water shall take repeat samples within 24 hours from the time the system is notified of the positive result. The Approving Authority may extend this time limit if the system cannot collect the repeat samples
26.04.01.11-3.htm 26.04.01.11-3. 11-3 Sanitary Survey Requirements for Community and Noncommunity Water Supply Systems.. A. Public water systems that are required to regularly collect fewer than five total coliform samples a month shall undergo an initial sanitary survey by the Approving Authority. Community water supplies shall be surveyed before June 29, 1994. Noncommunity water supplies shall be surveyed before June 29, 1999.B. After the initial sanitary survey is completed, the systems in §A of thi
26.04.01.11-4.htm 26.04.01.11-4. 11-4 Microbiological Contaminant Monitoring and Reporting Requirements.. A. Applicability.. 1) This regulation applies to all public water systems.. 2) Suppliers of water shall comply with the provisions of this regulation beginning April 1, 2016, unless otherwise specified.3) Suppliers of water that fail to comply with the applicable requirements of 40 CFR §141.851―141.861, are in violation of the regulation.B. Analytical Methods and Laboratory Certification..
26.04.01.12.htm 26.04.01.12. 12 Turbidity Sampling and Analytical Requirements.. A. A supplier of water using a surface water source or a ground water source under the direct influence of surface water shall perform turbidity monitoring as required by 40 CFR §141.70―141.75.B. Filtered and unfiltered public water systems using surface water sources shall also comply with §C and D of this regulation until June 29, 1993. A supplier of water using unfiltered surface water or ground water under the
26.04.01.13.htm 26.04.01.13. 13 Sampling Analysis: Gross Alpha Particle Activity, Radium-226, Radium-228, Uranium.. A. This regulation applies to a community water system (CWS). B. Sampling Location. The supplier of water to a community water system shall:. 1) Sample at every entry point to the distribution system that is representative of all sources being used (after this called a sampling point) under normal operating conditions; and2) Take each sample at the same sampling point unless:.
26.04.01.13-1.htm 26.04.01.13-1. 13-1 Sampling and Analytical Requirements for Beta Particle and Photon Radioactivity.. A. This regulation applies to a community water system (CWS) A CWS, both surface and ground water, designated by the Approving Authority as vulnerable shall sample for beta particle and photon radioactivity.B. Monitoring.. 1) Suppliers of water shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, after t
26.04.01.13-2.htm 26.04.01.13-2. 13-2 General Monitoring and Compliance Requirements for Radionuclides.. A. This regulation applies to a community water system (CWS) The Approving Authority may require more frequent monitoring than specified in Regulations .13 and .13-1 of this chapter, or may require confirmation samples at its discretion. The results of the initial and confirmation samples shall be averaged for use in compliance determinations.B. Suppliers of water shall monitor at the time de
26.04.01.14.htm 26.04.01.14. 14 Inorganic Chemical Sampling and Analytical Requirements.. A. Monitoring for the purpose of determining compliance with Regulation .06 of this chapter shall be conducted by the supplier of water to a community water system, nontransient noncommunity water system, and transient noncommunity water system in accordance with the requirements of 40 CFR §141.23(a)1)3)B. Routine Monitoring Frequency.. 1) A supplier of water to a community surface or combined surface and groun
26.04.01.15.htm 26.04.01.15. 15 Volatile Organic Chemical (VOC) Sampling and Analytical Requirements.. A. Definition. For the purpose of this regulation, "0.0005 milligram/liter" means the detection level for any contaminant in Regulation .07D of this chapter.B. Initial Monitoring.. 1) Beginning with the initial compliance period, analysis of substances for the purpose of determining compliance with Regulation .07D of this chapter shall be conducted by the supplier of water to a community water system or
26.04.01.15-1.htm 26.04.01.15-1. 15-1 Synthetic Organic Chemical (SOC) Sampling and Analytical Requirements.. A. Monitoring for the purpose of determining compliance with Regulation .07E of this chapter shall be conducted by the supplier of water to a community or nontransient noncommunity water system in accordance with the requirements of 40 CFR §141.24(h)1)3) which is incorporated by reference.B. Monitoring Frequency.. 1) Initial Monitoring. A supplier of water to a community or nontransient n
26.04.01.15-2.htm 26.04.01.15-2. 15-2 Disinfection Byproducts Sampling and Analytical Requirements.. A. Applicability.. 1) Community and Nontransient Noncommunity Water System Stage 1 Disinfection Byproducts Rule (DBPR) Compliance Dates.a) Subpart H systems serving 10,000 or more individuals shall comply with Regulation .07F(1)4) of this chapter beginning January 1, 2002.b) Subpart H systems serving fewer than 10,000 individuals and ground water systems not under the influence of surface water
26.04.01.15-3.htm 26.04.01.15-3. 15-3 Special Monitoring for Unregulated Contaminants.. Special monitoring for chemicals shall be conducted pursuant to 40 CFR §141.40. Suppliers of water to community and nontransient noncommunity water systems shall monitor for contaminants in accordance with 40 CFR §141.40.
26.04.01.15-4.htm 26.04.01.15-4. 15-4 Reporting and Public Notification for Certain Unregulated Contaminants.. A. The requirements of this regulation apply only to the contaminants referred to in Regulation .15-3 of this chapter.B. The owner or operator of a community water system or nontransient noncommunity water system who is required to monitor under Regulation .15-3 of this chapter shall send a copy of the results of the monitoring within 30 days of receipt and any public notice under §C of thi
26.04.01.15-5.htm 26.04.01.15-5. 15-5 Disinfectant Residuals.. A. Applicability. CWS and NTNCWS Subpart H systems serving 10,000 or more individuals shall comply with this regulation beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and systems using only ground water not under the direct influence of surface water shall comply with this regulation beginning January 1, 2004.B. Monitoring Frequency and Location. Community and nontransient noncommunity water systems that use
26.04.01.16.htm 26.04.01.16. 16 Alternative Analytical Techniques.. With the written permission of the Approving Authority, a supplier of water may employ alternative analytical techniques. An alternative technique is acceptable only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any maximum contaminant level. The use of the alternative analytical technique may not decrease the frequency of moni
26.04.01.17.htm 26.04.01.17. 17 Approved Laboratories.. A. For the purpose of determining compliance with this chapter, samples may be considered only if they have been analyzed by a laboratory approved by the Approving Authority, except that measurements for alkalinity, calcium, conductivity, orthophosphate, silica, turbidity, temperature, pH, and disinfectant residual may be performed by any person acceptable to the Approving Authority.B. The Approving Authority may consider reciprocit
26.04.01.18.htm 26.04.01.18. 18 Monitoring of Consecutive Public Water Systems.. When a supplier of water provides water to one or more other public water systems, the Approving Authority may modify the monitoring requirements imposed by Regulations .11-15-3 of this chapter, to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the Approving Authority.
26.04.01.19.htm 26.04.01.19. 19 Reporting Requirements.. A. When the supplier of water uses the services of a laboratory certified by the Approving Authority, the supplier of water shall report within 10 days following a sample analysis, analytical data required by this chapter to the Water Management Administration. Report forms shall be supplied by the Water Management Administration.B. Except when specified in §D of this regulation, the supplier of water shall report to the Approvi1) Within 48 hours the fa
26.04.01.20.htm 26.04.01.20. 20 Public Notification of Variances, Exemptions, and Noncompliance with Standards.. A. General Public Notification Requirements.. 1) Each supplier of water shall give notice for all violations of national primary drinking water regulations (NPDWR) and for the situations identified in Table 1 of 40 CFR §141.201 and 141.211, Subpart Q.2) The type of public notification required is determined by the tier to which it is assigned, as follows:a) Tier 1 public notice i
26.04.01.20-1.htm 26.04.01.20-1. 20-1 Public Education for Lead.. A. All suppliers of water of each community water system and each nontransient noncommunitiy water system shall provide public education about lead as specified by 40 CFR §141.85 and 141.154, including consumer notice of lead tap water monitoring results to persons served at the sites that are tested.B. A supplier of water of each community water system and each nontransient noncommunity water system that exceeds the lead action level shall issue n
26.04.01.20-2.htm 26.04.01.20-2. 20-2 Consumer Confidence Reports.. A. A supplier of water to a community water system shall deliver an annual consumer confidence report to their customers as required by 40 CFR §141.151―141.155: Subpart O—Consumer Confidence Report. This report shall contain information on the quality of the water delivered by the supplier and characterize the risks from exposure to contaminants detected in the drinking water in an accurate and understandable manner.B. Each supplier of water
26.04.01.21.htm 26.04.01.21. 21 Record Maintenance.. A. A supplier of water shall keep records of microbiological analyses and turbidity analyses for at least 5 years and records of chemical analyses for at least 10 years. Actual laboratory reports may be kept, or data may be transferred into tabular summaries, provided the following information is included:1) The date, place, and time of sampling, and the name of the person who collected the sample;. 2) Identification of the sample as to whether it w
26.04.01.22.htm 26.04.01.22. 22Emergency Plan Provisions.. A. The objective of the emergency plan provision is to assure adequate, safe drinking water for human survival. The Approving Authority shall provide to affected citizenry and local officials the necessary assistance to enable the provision of an emergency supply of water. The assistance shall include notification of the emergency need to the Maryland Civil Defense Agency and appraisal of the particular situation through contact with local health
26.04.01.23.htm 26.04.01.23. 23 Disinfection.. A. The Approving Authority shall have the right to establish minimum sampling frequencies and locations for determining disinfectant residuals for public water systems. The responsibility and cost for testing, recording, and reporting the results to the Approving Authority shall be borne by the supplier of water.B. The Approving Authority shall have the right to establish minimum disinfectant residual concentrations in a public drinking water distribution system.
26.04.01.24.htm 26.04.01.24. 24 Notice of Violation and Orders.. A. When the Approving Authority determines that a supplier of water has not complied with this regulation, the Approving Authority shall issue a notice of violation, or order in writing to the supplier of water stating the:1) Regulation being violated;. 2) Corrective action required from the supplier of water; and. 3) Period of time in which the violation shall be corrected.. B. If a supplier of water fails to comply with the
26.04.01.25.htm 26.04.01.25. 25 Plan for Compliance.. A. Notice of Violation or Order. After issuing a notice of violation or order, the Approving Authority may agree to the provisions of a plan for compliance submitted by the supplier of water. The plan for compliance shall be in writing and will present the timetable and the manner for completing the corrective action specified in the notice of violation or order. The supplier of water will not be considered to be in violation of the notice of vio
26.04.01.26.htm 26.04.01.26. 26 Monthly Operating Reports.. A. The Approving Authority may require suppliers of water to submit a monthly operating report not later than 10 days after the end of the reporting period.B. The Approving Authority shall specify the information required and the format of the monthly operating reports for each water supply system.C. The current monthly operating report shall be kept at the water treatment plant, and all entries shall be made on a daily basis.
26.04.01.27.htm 26.04.01.27. 27 Maintenance Log.. A. A supplier of water shall maintain a log of all maintenance activities that occur during the daily operation of the water supply system.B. The Approving Authority shall specify the information that shall be contained in the maintenance log.C. The superintendent in daily responsible charge shall attest to the veracity of the log by signing the maintenance log at the end of the day, shift, work period, or at an interval specified by the Approving Authority.
26.04.01.28.htm 26.04.01.28. 28 Emergency Reporting Procedures.. Suppliers of water shall contact the Approving Authority when a reportable incident occurs during the operation of the water treatment and distribution system within 1 hour of the supplier of water becoming aware of the incident.
26.04.01.29.htm 26.04.01.29. 29 Sodium Monitoring and Analytical Requirements.. A. Suppliers of water for community public water systems shall collect and analyze one sample per plant at the entry point of the distribution system for the determination of sodium concentration. Samples shall be collected and analyzed annually for systems utilizing surface water sources in whole or in part, and at least every 3 years for systems utilizing solely ground water sources. The minimum number of samples requir
26.04.01.30.htm 26.04.01.30. 30 Distribution System.. A. Material Survey. Community water supply systems shall identify whether the following construction materials are present in their distribution systems and shall submit a report to the Approving Authority:1) Lead from piping, solder, caulking, interior lining of the distribution mains, alloys, and home plumbing;2) Copper from piping and alloys, service lines, and home plumbing;. 3) Galvanized piping, service lines, and home plumbing;.
26.04.01.31.htm 26.04.01.31. 31 Repealed..
26.04.01.32.htm 26.04.01.32. 32 Cross Connection Control Programs.. A. Suppliers of water to community water systems existing before January 1, 1986, shall prepare and submit for approval to the Approving Authority by January 1, 1988, a plan for controlling cross connections. For community water systems constructed after January 1, 1988, the supplier of water shall prepare and submit for approval a plan for controlling cross connections with the plans and specifications required under Reg
26.04.01.33.htm 26.04.01.33. 33 Direct and Indirect Additives.. A. For purposes of this regulation, "products" means any:. 1) Chemical or substance added to a public water supply;. 2) Materials used in the manufacture of public water supply components or appurtenances; or. 3) Pipe, storage tank, valve, fixture, or other materials which come in contact with water intended for use in public water supply.B. Suppliers of water to the community water systems shall receive approval from the Approving Autho
26.04.01.34.htm 26.04.01.34. 34 Penalties.. A person who violates:. A. Any provision of this chapter, except for Regulations .26―28 and .33, is subject to the penalties provided by Environment Article, §9-413, Annotated Code of Maryland;B. Regulations .26―28, or .33 of this chapter is guilty of a misdemeanor and upon conviction is subject to the penalties provided by Environment Article, §10-304, Annotated Code of Maryland;C. Any term or condition of an order issued pursuant to the authority veste
26.04.01.35.htm 26.04.01.35. 35 Civil Actions.. The Secretary may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order or regulation issued pursuant to this chapter, in addition to any other remedies provided under this chapter.
26.04.01.36.htm 26.04.01.36. 36 Capacity Development Requirements.. A. Applicability.. 1) This regulation applies to the owner of a new system that applies for a construction permit as required by COMAR 26.03.12 on or after October 1, 1999.2) A system that has infrastructure in place before October 1, 1999, and then becomes a community water system or a nontransient noncommunity water system by the addition of new users or connections is not subject to this regulation.B. General Requirements..
26.04.01.9999.htm 26.04.01.9999. Administrative History Effective date: October 21, 1977 (4:22 Md. R. 1670). Appendix E adopted effective January 27, 1978 (5:2 Md. R. 84). Regulations .01, .06―11, .15A, .19A and B, .20F, and .22 amended effective August 10, 1987 (14:16 Md. R. 1774)Regulations .15G―P, .19E, .28―33, and .35 adopted effective August 10, 1987 (14:16 Md. R. 1774). Regulations .26, .27, and .34 adopted effective November 30, 1987 (14:24 Md. R. 2555). Appendices A―E recodified as Regulation .36 ―.
26.04.02.00.htm 26.04.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 02 Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available Authority: Environment Article, §9-216, 9-217, 9-223, 9-252, 9-319, 9-510, 9-1108, 10-103, 10-301, and 10-304, Annotated Code of Maryland
26.04.02.01.htm 26.04.02.01. 01 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) “Approving Authority” means the Secretary of the Department of the Environment or the Secretary’s designee.2) “Aquifer” means any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced.3) “At-grade system” means an on-site sewage disposal system utilizing a raised bed of gravel over t
26.04.02.02.htm 26.04.02.02. 02 General Provisions.. A. The requirements of this chapter apply to new on-site sewage disposal systems and non-community water supply systems, replacements, additions to existing systems, repair or replacement of an existing system and any potential changes in the strength or volume of the sewage entering an on-site sewage disposal system.B. If a community sewerage system is adequate and economically available to the building to be served, the Approving Authorit
26.04.02.03.htm 26.04.02.03. 03 On-Site Sewage Disposal Permits.. A. An applicant shall submit an application for an on-site sewage disposal permit in a form required by the Approving Authority and shall include a site plan, which identifies soil evaluations, percolation and other test locations, proposed system design, existing and proposed improvements, proposed BAT or other treatment methods and the location of existing and proposed wells to serve the property, along with any relevant datum concerning wells
26.04.02.04.htm 26.04.02.04. 04 Site Evaluation.. A. Site Evaluation Criteria.. 1) In determining whether to approve a lot or parcel for on-site sewage disposal the Approving Authority shall consider the following site evaluation criteria:a) The general topography, geology, soil classification, and hydrology;. b) Surface and subsurface drainage conditions;. c) Soil descriptions, test results, and boring logs;. d) Requirements for seasonal testing; and. e) Performance of on-site sewage disposal systems
26.04.02.05.htm 26.04.02.05. 05 Design and Construction of Conventional On-Site Sewage Disposal Systems.. A. Sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing, exclusive of the backwash from potable water treatment devices, shall receive adequate treatment from a sewage treatment unit before the effluent is discharged to an approved on-site sewage disposal area.B. On-site sewage disposal systems and replacement areas location requirements:. 1) The sewage disposal sy
26.04.02.06.htm 26.04.02.06. 06 Non-Conventional On-Site Sewage Disposal Systems.. A. The Department of the Environment and the Approving Authority shall consider reasonable methods for correcting existing system failures and providing facilities for homes that lack indoor plumbing and will provide the best technical guidance in attempting to resolve existing pollution or public health problems. If a public sewer is not available and a conventional on-site sewage disposal system design cannot alleviate
26.04.02.07.htm 26.04.02.07. 07 Best Available Technology for Removal of Nitrogen (BAT). A. A person may not install, or have installed, an onsite sewage disposal system unless the onsite sewage disposal system utilizes BAT for any of the following:1) New construction in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas;. 2) A replacement system to serve a property in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas.B. A person may not install, or have installed, fo
26.04.02.08.htm 26.04.02.08. 08 Special Methods of Sewage Collection and Disposal.. A. A person may not build a privy unless the privy will, in the judgment of the Department, prevent:. 1) The soil from coming in contact with any fecal matter; and. 2) Flies from gaining access to any fecal matter.. B. Privies shall be located and constructed so as to prevent contamination of ground and surface water. A privy shall be constructed in such a manner as to be insect and rodent free and to prevent odo
26.04.02.09.htm 26.04.02.09. 09 Septage.. A. The owner of a septic tank, seepage pit, privy, or watertight holding tank for sewage shall remove all solid and liquid contents as to prevent a nuisance or a menace to public health or comfort and shall dispose of the sewage in compliance with applicable State and local requirements.B. Transportation.. 1) A person engaged in the transportation of septage shall comply with §B(2) and (3) of this regulation.2) Vehicle Requirements.. a) The owner of each vehi
26.04.02.10.htm 26.04.02.10. 10 Variances.. The Department of the Environment may grant variances to area, well siting, distances and slope requirements of these regulations upon the recommendation of the Approving Authority provided that the public health is protected.
26.04.02.11.htm 26.04.02.11. 11 Appeal.. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority.
26.04.02.12.htm 26.04.02.12. 12 Penalty.. A person who violates any provision of these regulations shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not less than $50 and not more than $100 for each offense. Each day’s failure to comply with any provision of these regulations shall constitute a separate violation. The Approving Authority may also seek injunctive relief to enforce provisions of this regulation by initiating appropriate civil proceedings.
26.04.02.13.htm 26.04.02.13. 13 Map..
26.04.02.9999.htm 26.04.02.9999. Administrative History Effective date:. Regulations .01―05 effective November 16, 1953; amended effective July 1, 1957, November 15, 1957, June 8, 1965, October 15, 1966, April 1, 1967, December 1, 1970Regulations .01E and .02C amended, .02C-1 adopted effective December 17, 1984 (11:25 Md. R. 2134). Regulations .06―16 effective November 16, 1953. Regulation .17 effective June 1, 1957. Regulations .18―21 effective November 16, 1953 ―.
26.04.03.00.htm 26.04.03.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 03 Water Supply and Sewerage Systems in the Subdivision of Land in Maryland Authority: Environment Article, §9-506, Annotated Code of Maryland
26.04.03.01.htm 26.04.03.01. 01 Purpose.. A. It is the intent of this chapter to ensure that subdivisions developed in the State are served by an adequate community water supply and community sewerage system or, when developed in the absence of either a community water supply or community sewerage system, provide for an adequate and safe supply of drinking water and for the safe disposal of sewerage on each building site until such time as community water and sewerage facilities are made available.
26.04.03.01-1.htm 26.04.03.01-1. 01-1 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Approving Authority" means the Secretary of the Environment or his designee.. 2) "Community sewerage system" means any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage and industrial wastes.
26.04.03.02.htm 26.04.03.02. 02 Submission of Plans and Procedures for Securing Approval.. A. Any developer or subdivider contemplating the subdivision of land, before preparation of a preliminary plan, may request a review by the Approving Authority and other agencies having jurisdiction to secure information concerning general requirements in the area in which the proposed subdivision is to be located. If individual water supply or individual sewerage systems are contemplated, rejection or tentative approval
26.04.03.03.htm 26.04.03.03. 03 Minimum Ownership.. A. In all subdivisions, individual water supply and sewage disposal facilities may be permitted when in conformance with the county plan and where the following acceptable physical conditions are present: topography, soil types, surface and subsurface drainage, and the absence of a fluctuating high water table. These determinations shall be based upon available information which shall include the history of individual water supply and individual
26.04.03.04.htm 26.04.03.04. 04 Approval of Community Water Supply and Community Sewerage Installations.. A. Where the installation of a community water supply or a community sewerage system, or both, is to be provided, plans for the installation shall be subject to the approval of the Approving Authority and the Department of the Environment.B. Where a community water supply system or community sewerage system, or both, is proposed for a subdivision and is to be operated by an entity such
26.04.03.05.htm 26.04.03.05. 05 Variances.. The Department of the Environment may grant minor variances to area, well siting, distance, width, and slope requirements of these regulations, if lot configuration and physical circumstances so require, upon the recommendation of the Approving Authority provided that the public health is protected.
26.04.03.06.htm 26.04.03.06. 06 Appeal.. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority.
26.04.03.07.htm 26.04.03.07. 07 Penalty.. Any person who violates the provision of any of these regulations shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not less than $50 and no more than $100 for each offense and such other penalties as may be provided by law.
26.04.03.08.htm 26.04.03.08. 08 Effective Date.. Any preliminary plan or record plat of a subdivision which has been submitted to the Approving Authority before the date of adoption may not be required to comply with these regulations, if final approval and recordation, when required by law, is completed no later than 6 months from the date of adoption.
26.04.03.9999.htm 26.04.03.9999. Administrative History Effective date: March 3, 1972. Regulation .01P amended effective December 14, 1979 (6:25 Md. R. 1981). Regulation .02K amended effective February 24, 1986 (13:4 Md. R. 396). Regulation .04-1 adopted effective February 24, 1986 (13:4 Md. R. 396). Regulations .04-1―07 recodified as Regulations .05―08 ―. Chapter recodified from COMAR 10.17.03 to COMAR 26.04.03. Preface amended and codified as Regulation .01 and Regulation .01 amended and recodified as Regulati
26.04.04.00.htm 26.04.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 04 Well Construction Authority: Environment Article, §9-1305 and 9-1305.1, Annotated Code of Maryland
26.04.04.01.htm 26.04.04.01. 01 Purpose and Administrative Responsibilities.. A. Purpose. This chapter establishes the standards and procedures applicable to the construction, abandonment and maintenance of wells in Maryland.B. Pre-emption of Local Authority. In accordance with Environment Article, §9-1304, Annotated Code of Maryland, the regulations of this chapter are the only procedures and standards applicable to construction of wells.
26.04.04.02.htm 26.04.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Abandonment” means to discontinue the use of a well permanently.. 2) “Annular space” means the space between casings or between the casing and borehole.. 3) “Approving Authority” means the Secretary of the Environment or the Secretary’s designee.. 4) “Aquifer” means a formation, group of formations, or part of a formation that contains sufficient saturated permeable mate
26.04.04.03.htm 26.04.04.03. 03 Application for a Well Construction Permit.. A. An application for a well construction permit shall be made on the forms provided by the Approving Authority.B. A separate application shall be made for each well, except that a single application may be made for a cluster of wells under one of the following conditions:1) The cluster is for closed loop geothermal or dewatering wells and the maximum number of wells drilled per application is 20; or2) The cluster is for pie
26.04.04.04.htm 26.04.04.04. 04 Review and Approval of an Application for a Well Construction Permit.. A. Application Review and Approval.. 1) The Approving Authority shall review the application for completeness and notify the applicant of any additional information needed.2) The Approving Authority shall approve the application if:. a) The application is complete;. b) The proposed well meets the criteria of §B of this regulation;.
26.04.04.05.htm 26.04.04.05. 05 Issuance of Well Construction Permits.. A. A well may not be constructed until the Approving Authority has issued a permit to drill the well, except as provided in Regulation .06 of this chapter.B. The Approving Authority may issue a well construction permit only to a person licensed by the State Board of Well Drillers as a master well driller.C. Except as provided in Regulation .06 of this chapter, the Approving Authority may issue a well construction permit after r
26.04.04.06.htm 26.04.04.06. 06 Emergency Procedure to Obtain a Well Construction Permit.. A. The Approving Authority may permit emergency construction of wells for the conditions specified in Regulation .02B(20) of this chapter or for the following types of wells:1) Monitoring wells at pollution spill sites to control the spread of the pollution as required by the Department; or2) Geothermal wells if a loss of heating or cooling poses a health threat or significant loss of gooB. If an emergency condit
26.04.04.07.htm 26.04.04.07. 07 Verbal Authorization to Construct a Well.. A. The Approving Authority may grant verbal authorization to a master well driller to construct a well when:1) The application has been submitted and approved by the Approving Authority; or. 2) The authorization is for an emergency well.. B. Verbal Authorization and Permit Number.. 1) Verbal authorization shall be accompanied by the issuance of a well construction permit number.. 2) Upon request by Approving Authority personnel,
26.04.04.08.htm 26.04.04.08. 08 Transfer of Permit.. A. A well construction permit may be transferred from the permittee to another master well driller provided:1) The well has not been completed;. 2) The permit has not expired;. 3) The permittee obtains the Approving Authority's approval to transfer the permit; and. 4) The transferee notifies the Approving Authority in writing of their intention to accept the permit.B. The transferee shall be responsible for complying with all laws and regu
26.04.04.09.htm 26.04.04.09. 09 Permit Invalidation.. A. A permit is invalid if, prior to well completion, the Maryland Board of Well Drillers suspends or revokes the license of the master well driller permit holder.B. The Approving Authority may invalidate a permit after a finding that information submitted to support the application was inaccurate.C. The Approving Authority may invalidate a permit after a finding that information submitted to support the application is no longer applicable to the site.
26.04.04.10.htm 26.04.04.10. 10 Permittee's Responsibilities.. A. The master well driller to whom a well construction permit is issued is responsible for construction of the well in accordance with the permit and applicable laws and regulations.B. All other persons working on a well or potable water supply system, including but not limited to a pump installer, a water-conditioner installer, an electrician, or a master plumber, also shall be responsible for their phase of the work and its co
26.04.04.11.htm 26.04.04.11. 11 Permits for Reworked and Deepened Wells.. A. A well construction permit is not required if an existing well requires only reworking or repairing, and not deepening.B. If reworking the well includes hydrofracturing, the well driller shall submit a Hydrofracture of Well Report within 45 days after completion of the work as required in Regulation .28 of this chapter.C. If an existing well requires deepening, and the well identification number is verifiable by means
26.04.04.12.htm 26.04.04.12. 12 Procedure for Authorizing Conversions of Test Wells.. A. A permitted test well that is found to produce the required amount of water may be converted to a water supply well if:1) It has been constructed in conformance with the regulations of this chapter for the use for which conversion is sought and COMAR 26.17.06;2) Upon written request, the conversion is approved by the Approving Authority;. 3) For wells that are to supply water for a public water supply system, the
26.04.04.13.htm 26.04.04.13. 13 Relocation During Construction.. A. If it is necessary to relocate a well under construction in order to obtain sufficient yield or potable water or because of a well construction problem, the well driller may relocate the well construction site under authority of the original permit if:1) The new site meets the requirements of this chapter and the requirements of the Approving Authori2) The permittee provides a drawing of the new well location on the well completion report..
26.04.04.14.htm 26.04.04.14. 14 Notification of Well Construction Activities.. A. Water Supply Wells.. 1) The permittee shall notify the Approving Authority on the business day prior to commencing well drilling activities to allow the Approving Authority the opportunity to inspect.2) The Approving Authority may require that the permittee provide notice before commencing a yield test in Hydrogeologic Area 3.3) The Approving Authority may require that the permittee provide notice before the installation of
26.04.04.15.htm 26.04.04.15. 15 Construction Standards—Hydrogeologic Areas.. A. Geologic and hydrologic conditions in Maryland require varying well construction standards. For the purposes of this chapter, the State has been divided into five hydrogeologic areas. A map of the approximate hydrogeologic area boundaries is in Regulation .39 of this chapter.B. The Five HydrogeologicAreas.. 1) Hydrogeologic Area 1. The area where the unconfined Quaternary aquifer of the Maryland Coastal Plain is of major importanc
26.04.04.16.htm 26.04.04.16. 16 Construction Standards ― General.. A. Sanitary Protection During Well Construction.. 1) During well construction, the permittee shall protect against pollution of the well and any water-bearing geologic formations by any cause, including surface water drainage.2) Whenever construction ceases before the well is grouted, the open annular space shall be covered by the permittee and the well shall be capped.B. Water for Well Construction.. 1) Only water from a sour
26.04.04.17.htm 26.04.04.17. 17 Construction Standards—Casing.. A. Well Casing.. 1) Markings.. a) Except as provided in §A(1)b) of this regulation, all casing shall be marked by the manufacturer sufficiently to allow identification of the casing.b) Well casing for monitoring wells is exempt from displaying markings.. c) The well driller shall provide, upon request, sufficient information to allow identification of casing used for monitoring wells.2) Plastic Well Casing.. a) Plastic well casing sh
26.04.04.18.htm 26.04.04.18. 18 Construction Standards ― Screen.. A. Well Screens.. 1) All wells that obtain water from aquifers in Hydrogeologic Areas 1 and 2 shall be equipped with a screen that shall adequately prevent the entrance of formation material into the well during use.2) Well screens shall have sufficient structural strength to accomplish the purpose for which they are installed.3) Well screen openings shall provide, so far as is practical, the maximum amount of open area, cons
26.04.04.19.htm 26.04.04.19. 19 Construction Standards ― Grouting.. A. All wells shall be grouted in accordance with this regulation.. B. Time Limits.. 1) All wells shall be grouted as soon as possible but not later than 24 hours after the well casing has been set in place in Hydrogeological Area’s 1 & 2.2) In Hydrogeological Area’s 3, 4 & 5 all wells shall be grouted within 72 hours after the permanent casing has been set.3) After grouting is completed, there shall be a minimum curing time before
26.04.04.20.htm 26.04.04.20. 20 Construction Standards ― Methods of Grouting.. A. All grout shall be emplaced in one continuous operation upward from the bottom of the casing or depth specified in these regulations.B. Pouring, dumping, or shoveling of grout slurries into the annular space or well bore are prohibited.C. The drilling fluids in the annular space shall be thinned before grouting to a density less than that of the intended grout density.D. Grout shall be emplaced so that it completely d
26.04.04.21.htm 26.04.04.21. 21 Construction Standards ― Upper Terminal of Well.. A. Except as provided for in this regulation, the following construction techniques for upper terminals for potable water supply wells are prohibited:1) Use of buried well seals, or other devices, including a buried “sanitary well seal” to cap wells below ground surface and provide access for electrical cable or water pipes; and2) All pits, including frost pits, which are holes or depressions in the ground surrounding casings,
26.04.04.22.htm 26.04.04.22. 22 Construction Standards ― Pumping Equipment.. A. The selection and installation of the pumping equipment shall conform to COMAR 09.20, or the local plumbing code, whichever is more stringent.B. Electrical connections for pumping equipment shall conform to the National Electrical Code, or to the local electrical code, whichever is more stringent.C. If a safety rope is used it:. 1) Shall be secured in the interior of the well; and. 2) May not penetrate the well casing or cap..
26.04.04.23.htm 26.04.04.23. 23 Construction Standards and Special Requirements for Specific Types of Wells.. A. The following special requirements for specific types of wells based on the intended use of the well are as follows:1) Irrigation Wells.. a) Wells in unconfined aquifers in Hydrogeologic Areas 1 and 2 used solely for irrigation shall have an annular space grouted to a minimum depth of 20 feet below land surface.b) All other irrigation wells shall meet the grouting requirements of Regul
26.04.04.24.htm 26.04.04.24. 24 Disinfection of Wells and Water Supply Systems.. A. Upon completion of well construction activities, the permittee shall disinfect a water supply well in accordance with this regulation.B. Whenever any work is done on the well after disinfection of the well by the well driller, the person doing the work shall be responsible for disinfection of the well and water supply system in accordance with this regulation.C. Material. Tablets or dry granular material may
26.04.04.25.htm 26.04.04.25. 25 Maintenance and Repair.. A. All material used in the maintenance, replacement, or repair of any well shall meet the requirements for new installation.B. Broken, punctured, or otherwise defective or unserviceable casing, screens, fixtures, seals, or any part of the wellhead shall be repaired and replaced, or the well shall be properly abandoned and sealed.C. Any work performed on a water supply well with a well cap not meeting the standards of this chapter, shall also include th
26.04.04.26.htm 26.04.04.26. 26 Minimum Yield and Yield Testing for Domestic Water Supply Wells.. A. A domestic well or double well combination shall produce a minimum yield of 1 gallon per minute for 6 hours.B. Replacement wells servicing an existing dwelling are exempt from the minimum yield requirement of 1 gallon per minute.C. The Approving Authority may require a mandatory yield test in any hydrogeologic area of the State for any well, if it is determined that a yield test is necessary to assure
26.04.04.27.htm 26.04.04.27. 27 Yield Test for Nondomestic Wells.. The Department may require a yield test for a nondomestic well as part of the data collection requirements associated with an application for a Water Appropriation and Use Permit.
26.04.04.28.htm 26.04.04.28. 28 Hydrofracture of Wells.. A. The Approving Authority shall be notified at least 2 business days in advance of commencing hydrofracturing work on an existing well.B. Hydrofracturing may not be conducted on any well not constructed according to the requirements of this chapter without approval from the Approving Authority.C. Hydrofracturing may not be conducted in Hydrogeologic Area 5 without written permission from the Approving Authority.D. Hydrofracturing may be
26.04.04.29.htm 26.04.04.29. 29 Well Completion Reports.. A. The permittee is responsible for submitting, on a form provided by the Approving Authority, a well completion report.B. Submission.. 1) The well completion report shall be submitted to the Approving Authority by the premittee not later than 45 days after construction or deepening of the well has been completed or after construction activity on an unsuccessful well, or dry hole, has been terminated.2) Well construction activity shall be considered
26.04.04.30.htm 26.04.04.30. 30 Approval of Well for Use as Potable Water Supply.. A. When Certificate of Potability Required.. 1) A person may not put into service a well or water supply system that may be used for human consumption unless the Approving Authority has first issued a Certificate of Potability for the well.2) This section does not apply to any well that is not used as a potable water supply.. 3) If a well is later converted from a nonpotable water supply well to a potable water supply well,
26.04.04.31.htm 26.04.04.31. 31 Tests by a Maryland Certified Water Laboratory.. A. At the option of the Approving Authority, the results of water quality tests performed by a Maryland certified water laboratory may be substituted for results obtained by the Approving Authority from a State-operated laboratory.B. The Maryland certified water laboratory shall certify that the sample was obtained and transported in accordance with COMAR 26.08.05.C. All tests taken by a Maryland certified water l
26.04.04.32.htm 26.04.04.32. 32 Release of Information on Test Results.. A. The Approving Authority shall maintain files of test results and shall release copies of these results, upon request, to the person who requested the tests and to persons for whose benefit the tests were performed.B. Copies of the Certificate of Potability shall be released to all subsequent owners of the property or their agents upon request.C. The Approving Authority shall provide, with each well sample result, the
26.04.04.33.htm 26.04.04.33. 33 Well Owners' Responsibilities.. A. Every well shall be maintained in a condition to conserve and protect the ground water resource.. B. After the well is completed, the well owner is responsible for maintaining the upper terminal of the well as specified in this chapter.C. The owner of a flowing artesian well shall maintain the upper terminal of the well to prevent the wasting of water as provided in this chapter.D. After the well is completed, the well owner sha
26.04.04.34.htm 26.04.04.34. 34 Well Abandonment and Sealing Standards ― General.. A. Any well shall be considered abandoned when:. 1) The well is in such a state of disrepair that continued use for its intended purpose is impracticable;2) The well has been permanently disconnected from any water supply system or irrigation system; or. 3) The well is unsuccessful, that is, it does not meet the requirements of this chapter..
26.04.04.35.htm 26.04.04.35. 35 Well Sealing Materials.. A. The following sealing materials are acceptable to seal a well:. 1) Concrete when mixed at five 94-pound sacks of Portland cement per yard of concrete;. 2) Neat Portland cement grout when mixed in accordance with Regulation .19 of this chapter;. 3) A mixture of five 94-pound sacks of Portland cement and 1 cubic yard sand;. 4) Bentonite, if used:. a) As a slurry mixed at 2 pounds per gallon of water; or. b) In chip or pellet form; and.
26.04.04.36.htm 26.04.04.36. 36 Well Sealing Procedures.. A. Preliminary Work Before Sealing a Well.. 1) The well shall be investigated to determine:. a) Its present condition;. b) The details of its construction; and. c) Whether there are any obstructions that will interfere with the process of filling and sealing.. 2) If there are any obstructions, they shall be removed, if possible, by cleaning the hole or redrilling.3) Liners shall be removed prior to sealing or an alternate sealing plan mu
26.04.04.37.htm 26.04.04.37. 37 Variances.. Upon the recommendation of the Approving Authority and the approval of the Department, variances to the distance requirements of the regulations of this chapter for all wells and the construction standards for replacement wells may be granted, provided that the public health and the environment are protected.
26.04.04.38.htm 26.04.04.38. 38 Enforcement and Appeal.. A. If the Approving Authority determines that there has been a violation of this chapter or of any permit or permit special condition, the Approving Authority shall:1) Serve upon the alleged violator a written complaint specifying the nature and extent of the violation, items to be corrected, and time limits for correction; and2) Notify the well owner of the violation.. B. If a person violating a requirement of this chapter cannot correct the v
26.04.04.39.htm 26.04.04.39. 39 Map of Maryland Showing Hydrogeologic Areas..
26.04.04.9999.htm 26.04.04.9999. Administrative History Effective date: November 28, 1980 (7:24 Md. R. 2257). Regulations .02J and .07B, C, D, G, J, and N amended effective March 1, 1982 (9:4 Md. R. 331). Regulations .07Q and .09D adopted effective August 31, 1981 (8:17 Md. R. 1420). Regulation .09C and D amended as an emergency provision effective May 26, 1983 (10:12 Md. R. 1070) emergency status expired September 26, 1983Map recodified as Regulation .13 ―.
26.04.05.00.htm 26.04.05.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 05 Shared Facilities Authority: Environment Article, § 9-208, 9-252, 9-319, 10-103, Annotated Code of Maryland
26.04.05.01.htm 26.04.05.01. 01 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Approving authority" means the local, county, or city health department.. 2) "Controlling authority" means a governmental body empowered by the county or municipality to provide for management, operation, and continuous preventive and corrective maintenance of a shared facility.3) "Shared facility" means a water or sewerage system which serves more than one lot of land or more
26.04.05.02.htm 26.04.05.02. 02 Applicability.. A. A controlling authority shall conform to all applicable State and county laws, ordinances, and regulations.B. A controlling authority may purchase, hold, lease, build, construct, own, operate, repair, maintain, and improve a shared facility in a county and enter into contractual agreements with the federal government, the State, or with a municipality, person or individual providing services for a shared facility.
26.04.05.03.htm 26.04.05.03. 03 Design.. A. All water and sewerage systems shall be constructed and operated in accordance with all applicable State and local laws and regulations.B. The design of all sewerage treatment and disposal systems operated as a shared facility shall be reviewed and approved by both the Department of the Environment and the approving authority.C. Subsurface Disposal.. 1) There shall be an area or areas of land suitable for subsurface disposal set aside for each dwell
26.04.05.9999.htm 26.04.05.9999. Administrative History Effective date: November 4, 1985 (12:22 Md. R. 2104). Chapter recodified from COMAR 10.17.15 to COMAR 26.04.05.
26.04.06.00.htm 26.04.06.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 06 Sewage Sludge Management Authority: Environment Article, Title 1, Subtitle 6, and Title 9, Subtitle 2, Part III, Annotated Code of Maryland
26.04.06.01.htm 26.04.06.01. 01 Purpose and Scope.. A. The purpose of this chapter is to establish requirements and control measures for the utilization of sewage sludge.B. These regulations specifically apply to all persons engaged in the following utilization activities of sewage sludge, or any product containing this material, which is either generated or utilized in the State of Maryland:1) Treatment facility, Regulations .12―16 of this chapter;. 2) Composting facility, Regulations .17―21 of this chapter;.
26.04.06.02.htm 26.04.06.02. 02 Incorporation by Reference.. In this chapter, the following documents are incorporated by reference:. A. 40 CFR §503.32, as amended; and. B. 40 CFR §503.33, as amended..
26.04.06.03.htm 26.04.06.03. 03 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Aerobic digestion" means the biochemical decomposition of organic matter in sewage sludge by microorganisms in the presence of air.2) "Agricultural land" means as defined in COMAR 15.20.06.. 3) "Agronomic rate" means the sewage sludge application rate, in dry weight basis, based on the nitrogen or phosphorus requirement of the crop or vegetation to be grown, whichever is determined to be
26.04.06.04.htm 26.04.06.04. 04 Right of Entry.. The person applying for a Sewage Sludge Utilization Permit shall agree, as a condition for the issuance of the permit or any other authorization or approval issued by the Department, to allow the Secretary of the Department of the Environment, the local health official, or their authorized representatives, at reasonable times and upon presentation of credentials, to:A. Enter upon the premises or a location where any records are required to
26.04.06.05.htm 26.04.06.05. 05 Constituent Limits for Sewage Sludge.. A. Specific Constituent Limitations for Sewage Sludge.. 1) The following constituent limitations apply to application of sewage sludge:. a) Bulk sewage sludge may not be applied to the land if the concentration of any constituent in the sewage sludge exceeds the ceiling concentration for the constituent in Table 1 of §B(1) of this regulation;b) Bulk sewage sludge may not be applied to agricultural or marginal land, forest, or a public conta
26.04.06.06.htm 26.04.06.06. 06 Sampling and Testing Requirements for a Sewage Sludge Generator.. A. Except for owners or operators of on-site sewage disposal systems as defined in COMAR 26.04.02.02B(27) each sewage sludge generator shall submit to the Department the results of laboratory analysis of representative composite sewage sludge samples from each wastewater treatment plant located in State and out-of-State in accordance with the following requirements:1) All sample analyses shall be performed by an in
26.04.06.07.htm 26.04.06.07. 07 Record-Keeping and Reporting Requirements for a Sewage Sludge Generator.. A. Except for owners or operators of on-site sewage disposal systems as defined in COMAR 26.04.02.02B(27) each sewage sludge generator shall submit to the Department a complete and accurate generator’s report on a form provided by the Department.B. A sewage sludge generator whose wastewater treatment plant is located out-of-State shall submit to the Department a generator's report for that por
26.04.06.08.htm 26.04.06.08. 08 Sewage Sludge Generator Fees.. A. Each sewage sludge generator shall pay the Department an annual sewage sludge generator fee for each wet ton of sewage sludge generated by the sewage sludge generator during the previous calendar year as reported on the Sewage Sludge Generator Report Form provided by the Department.B. The sewage sludge generator fee shall be determined based on:. 1) The amount of sewage sludge generated; and. 2) A per ton fee rate that may vary depending on t
26.04.06.09.htm 26.04.06.09. 09 Sewage Sludge Utilization Permits.. A. Except as provided under the provisions of §C of this regulation, a person may not engage in the following utilization activities of sewage sludge, or any product containing this material, without first obtaining a Sewage Sludge Utilization Permit from the Department: treatment, composting, transportation, storage, distribution, application on agricultural land or marginal land, energy generation or incineration, marke
26.04.06.10.htm 26.04.06.10. 10 Performance Bonds, Liability Insurance, or Other Form of Security.. A. Except as provided under the provisions of §B of this regulation, a person applying for a Sewage Sludge Utilization Permit shall file with the Department a performance bond on a form prescribed or approved by the Department, liability insurance, or other form of security. The performance bond, liability insurance, or other form of security shall be payable to the Department and the obligation o
26.04.06.11.htm 26.04.06.11. 11 Denial of Sewage Sludge Utilization Permit Application.. A. The Department shall deny an application for a Sewage Sludge Utilization Permit if the Department finds that:1) The person applying for a Sewage Sludge Utilization Permit cannot utilize sewage sludge without causing an undue risk to the environment or the public health, safety, or welfare as may be determined by the Department;2) The person applying for a Sewage Sludge Utilization Permit is violating
26.04.06.12.htm 26.04.06.12. 12 Treatment Facility.. A. The Department may issue a Sewage Sludge Utilization Permit to construct and operate a treatment facility to generate Class A or B sewage sludge and to market the Class A sewage sludge in Maryland if the person applying for a permit demonstrates that the following conditions and requirements will be met:1) The treatment process shall meet, at a minimum, the applicable requirements for Class A or B sewage sludge;2) For a facility constru
26.04.06.13.htm 26.04.06.13. 13 Treatment Facility ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge treatment facility is to be located. A person shall submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required
26.04.06.14.htm 26.04.06.14. 14 Treatment Facility ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall:1) Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substant
26.04.06.15.htm 26.04.06.15. 15 Treatment Facility ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years:1) The source, type, and quantity, including documentation of sewage sludge received and treated at the treatment facility;2) The sewage sludge treatment methods;. 3) Process monitoring and operating information de
26.04.06.16.htm 26.04.06.16. 16 Treatment Facility ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.17.htm 26.04.06.17. 17 Composting Facility.. A. The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge composting facility until:1) The composting facility meets all zoning and local land use requirements of the county where the composting facility is to be located; and2) The Department has received a written statement that the board of county commissioners or the county council of the county where the composting fac
26.04.06.18.htm 26.04.06.18. 18 Composting Facility ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge composting facility is to be installed, materially altered, or materially extended. A person shall submit to the Department seven completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liabil
26.04.06.19.htm 26.04.06.19. 19 Composting Facility ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall:1) Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substant
26.04.06.20.htm 26.04.06.20. 20 Composting Facility ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years:1) The source, type, and quantity, including documentation of sewage sludge received and composted at the composting facility;2) The types of sewage sludge composting methods;. 3) Process monitoring and
26.04.06.21.htm 26.04.06.21. 21 Composting Facility ― Modifications, Material Alteration, or Extension.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a composting facility upon request by the permittee if the following conditions are met:1) The permittee submits
26.04.06.22.htm 26.04.06.22. 22 Transportation.. A. The Department may issue a Sewage Sludge Utilization Permit to transport sewage sludge if the equipment to be used, the operation plan, and the destination of the sewage sludge meet the requirements established by the Department.B. Liquid sewage sludge may be pumped and transported by pipeline, truck, rail, or barge. Liquid sewage sludge shall be transported in closed watertight vessels or containers.C. Sewage sludge cake that is greater than 15 perc
26.04.06.23.htm 26.04.06.23. 23 Transportation ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be transported. A person shall submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provis
26.04.06.24.htm 26.04.06.24. 24 Transportation ― Public and Local Government Participation Requirements for a Permit Application.. A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application to transport sewage sludge in Maryland to:1) The chairman of the legislative body and any elected executive of the co
26.04.06.25.htm 26.04.06.25. 25 Transportation ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years:1) The source, type, and quantity, including documentation of treated and untreated sewage sludge transported;2) The types of treatment the transported sewage sludge has received;.
26.04.06.26.htm 26.04.06.26. 26 Transportation ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.27.htm 26.04.06.27. 27 Storage Facility.. A. The Department may not issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge storage facility until the storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located.B. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge storage facility if the person applying for a
26.04.06.28.htm 26.04.06.28. 28 Storage Facility ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge storage facility is to be installed, materially altered, or materially extended. A person shall submit to the Department seven completed copies of the Sewage Sludge Utilization Permit Application for a new Sewage Sludge Utilization Permit, a modification to a Sewage Sludge Utilization Perm
26.04.06.29.htm 26.04.06.29. 29 Storage Facility ― Public and Local Government Participation.. A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a new, modification, or renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially extend a sewage sludge storage facility to:
26.04.06.30.htm 26.04.06.30. 30 Storage Facility ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years:1) The source, type, and quantity, including documentation of sewage sludge received and stored at the storage facility;2) The quantity, including documentation of sewage sludge transported from the storage facility;.
26.04.06.31.htm 26.04.06.31. 31 Storage Facility ― Modifications, Material Alterations or Extensions.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a storage facility upon request by the permittee if the following conditions are met:1) The permittee submits
26.04.06.32.htm 26.04.06.32. 32 Distribution Facility.. A. The Department may issue a Sewage Sludge Utilization Permit to install, materially alter, or materially extend a sewage sludge distribution facility if the person applying for a Sewage Sludge Utilization Permit demonstrates that the following conditions and requirements will be met:1) The sewage sludge has been classified by the Department as Class A sewage sludge;. 2) When distributed, a label shall accompany the distributed sewage sludge, which:.
26.04.06.33.htm 26.04.06.33. 33 Distribution Facility ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge distribution facility is to be located. A person shall submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application for a new Sewage Sludge Utilization Permit, a modification to a Sewage Sludge Utilization Permit, or a Sewage Sludge Utilization Permit r
26.04.06.34.htm 26.04.06.34. 34 Distribution Facility ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of a new, modification, or renewal Sewage Sludge Utilization Permit Application to install, materially alter, or materially exte
26.04.06.35.htm 26.04.06.35. 35 Distribution Facility ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 10 years:1) The source, type, and quantity, including documentation of sewage sludge received at and distributed from the distribution facility;2) The dates of transportation and distribution of Class A sewage sludge to
26.04.06.36.htm 26.04.06.36. 36 Distribution Facility ― Modifications, Material Alterations or Extensions.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit or materially alter or extend a distribution facility upon request by the permittee if the following conditions are met:1) The permittee submits
26.04.06.37.htm 26.04.06.37. 37 Agricultural Land.. A. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on agricultural land if the following requirements are met:1) The sewage sludge has been classified by the Department as Class B sewage sludge and meets the applicable vector attraction reduction requirements in 40 CFR §503.33;2) The concentration of each constituent in the sewage sludge is less than or equal to the ceiling concentration for the constituent listed in Table 1
26.04.06.38.htm 26.04.06.38. 38 Agricultural Land ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be applied on agricultural land, subject to the following:1) Adjacent properties owned and operated by separate persons shall be considered as separate sites; and2) Nonadjacent parcels of land that are owned or operated by the same person, as evidenced by a farm plan or other documentat
26.04.06.39.htm 26.04.06.39. 39 Agricultural Land ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application to apply sewage sludge on agricultural land to:1) The chairman of the legislative body and any el
26.04.06.40.htm 26.04.06.40. 40 Agricultural Land ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge received and applied on the agricultural land;2) The dates of land application of sewage sludge;.
26.04.06.41.htm 26.04.06.41. 41 Agricultural Land ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.42.htm 26.04.06.42. 42 Marginal Land.. A. The Department may issue a Sewage Sludge Utilization Permit to apply sewage sludge on a marginal land at rates up to 50 dry tons per acre if the following requirements are met:1) The sewage sludge has been classified by the Department as Class B sewage sludge and meets the applicable vector attraction reduction requirements in 40 CFR §503.33;2) The concentration of each constituent in the sewage sludge is less than or equal to the ceiling c
26.04.06.43.htm 26.04.06.43. 43 Marginal Land ― Permit Application Requirements.. A. A person shall submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where sewage sludge is to be applied on a marginal land, subject to the following:1) Adjacent properties owned and operated by separate persons shall be considered as separate sites; and2) Nonadjacent parcels of land that are owned or operated by the same person, as evidenced by a farm plan or other documentat
26.04.06.44.htm 26.04.06.44. 44 Marginal Land ― Public and Local Government Participation Requirements for a Permit Application.. A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall:1) Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substantial circulation in the co
26.04.06.45.htm 26.04.06.45. 45 Marginal Land ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.. A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge received and applied on the marginal land;2) The dates of land application of sewage sludge;.
26.04.06.46.htm 26.04.06.46. 46 Marginal Land ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.47.htm 26.04.06.47. 47 Energy Generation or Incineration.. A. The Department may issue a Sewage Sludge Utilization Permit to incinerate sewage sludge at a permitted waste- to- energy facility or an incinerator if:1) The Refuse Disposal Permit holder for the waste-to-energy facility or incinerator submits to the Department a Sewage Sludge Utilization Permit Application for the energy generation or incineration at the permitted waste-to-energy facility or incinerator; and2) The person applying fo
26.04.06.48.htm 26.04.06.48. 48 Energy Generation or Incineration ― Permit Application Requirements.. A. A Refuse Disposal Permit holder seeking a Sewage Sludge Utilization Permit to incinerate sewage sludge shall:1) Submit to the Department a separate Sewage Sludge Utilization Permit Application for each waste-to-energy facility or incinerator where sewage sludge is to be utilized;2) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by th
26.04.06.49.htm 26.04.06.49. 49 Energy Generation or Incineration ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit to incinerate sewage sludge at a waste-to-energy facility or an incinerator, the Department shall mail a copy of the application to:
26.04.06.50.htm 26.04.06.50. 50 Energy Generation or Incineration ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge received and utilized at the waste-to-energy facility or incinerator;
26.04.06.51.htm 26.04.06.51. 51 Energy Generation or Incineration ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four co
26.04.06.52.htm 26.04.06.52. 52 Marketing.. A. The Department may issue a Sewage Sludge Utilization Permit to market in Maryland sewage sludge generated out-of-State if:1) The sewage sludge has been classified by the Department as Class A sewage sludge;. 2) The sewage sludge to be marketed will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;3) The sewage sludge does not contain free liquid, with the presence of free liquid determined by:.
26.04.06.53.htm 26.04.06.53. 53 Marketing ― Permit Application Requirements.. A. A person seeking to market, in Maryland, sewage sludge generated out-of-State shall:. 1) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department;2) Include, as part of the permit application required by §A(1) of this regulation, the information specified in §B of this regulation; and3) Submit to the Department a performance bond, li
26.04.06.54.htm 26.04.06.54. 54 Marketing ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.. A. The permittee shall generate a report containing the following information and shall maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of Class A sewage sludge received and marketed;2) The type of treatment the marketed Class A sewage sludge has received;.
26.04.06.55.htm 26.04.06.55. 55 Marketing ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.56.htm 26.04.06.56. 56 Research Project.. A. The Department may issue a Sewage Sludge Utilization permit to utilize sewage sludge as part of a research project.B. A research project may be designed to improve current sewage sludge utilization methods, develop new methods, determine the environmental or health effects of sewage sludge utilization, or any other sewage sludge related research project approved by the Department.C. A research project may include:. 1) The application of sew
26.04.06.57.htm 26.04.06.57. 57 Research Project ― Permit Application Requirements.. A. A person who intends to utilize sewage sludge as part of a research project as provided in Regulation .56 of this chapter shall:1) Submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge research project is to be located;2) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by the Department;
26.04.06.58.htm 26.04.06.58. 58 Research Project ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for a research project to utilize sewage sludge to:1) The chairman of the legislative body and any el
26.04.06.59.htm 26.04.06.59. 59 Research Project ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge received and utilized;. 2) The results of the project;. 3) The quantity, including documentation and final utilization of unutilize
26.04.06.60.htm 26.04.06.60. 60 Research Project ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.61.htm 26.04.06.61. 61 Innovative Project.. The Department may issue a Sewage Sludge Utilization Permit for an innovative project to utilize sewage sludge in deep rows, brickmaking, resource recovery projects, as fuel, and in other projects, if the sewage sludge is utilized in a manner that will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department.
26.04.06.62.htm 26.04.06.62. 62 Innovative Project ― Permit Application Requirements.. A. A person who intends to use sewage sludge in an innovative project as described in Regulation .61 of this chapter shall:1) Submit to the Department a separate Sewage Sludge Utilization Permit Application for each site where a sewage sludge innovative project is to be located;2) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application on a form provided by th3) Include, as part of th
26.04.06.63.htm 26.04.06.63. 63 Innovative Project ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for an innovative project to utilize sewage sludge to:1) The chairman of the legislative body and any el
26.04.06.64.htm 26.04.06.64. 64 Innovative Project ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge received and utilized;. 2) The results of the project;. 3) The quantity, including documentation and final utilization of unutilize
26.04.06.65.htm 26.04.06.65. 65 Innovative Project ― Modifications of a Sewage Sludge Utilization Permit.. A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four completed copies of the Sew
26.04.06.66.htm 26.04.06.66. 66 Disposal or Alternative Utilization at a Municipal Landfill.. A. The Department may issue a Sewage Sludge Utilization Permit for the disposal or alternative utilization of sewage sludge at a municipal landfill if:1) The Refuse Disposal Permit holder for the municipal landfill submits to the Department a Sewage Sludge Utilization Permit Application for the disposal or alternative utilization of sewage sludge at the permitted municipal landfill;2) The proposed sewage sl
26.04.06.67.htm 26.04.06.67. 67 Disposal or Alternative Utilization at a Municipal Landfill ― Permit Application Requirements.. A. A Refuse Disposal Permit holder who intends to dispose or alternatively utilize sewage sludge shall:1) Submit to the Department a separate Sewage Sludge Utilization Permit Application for each municipal landfill where sewage sludge is to be disposed or alternatively utilized;2) Submit to the Department six completed copies of the Sewage Sludge Utilization Permit Application
26.04.06.68.htm 26.04.06.68. 68 Disposal or Alternative Utilization at Municipal Landfill ― Public and Local Government Participation Requirements for a Permit Application.A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall mail a copy of the application for disposal or alternative utilization of sewage sludge at
26.04.06.69.htm 26.04.06.69. 69 Disposal or Alternative Utilization at a Municipal Landfill ― Record-Keeping and Reporting Requirements for a Sewage Sludge Utilization Permit.A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:1) The source, type, and quantity, including documentation of sewage sludge that has been received and disposed of or utilized at the municipal landfill;
26.04.06.70.htm 26.04.06.70. 70 Disposal or Alternative Utilization at Municipal Landfill ― Modifications of a Sewage Sludge Utilization Permit.A. The Department may modify a Sewage Sludge Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.B. The Department may modify a Sewage Sludge Utilization Permit upon request by the permittee if the following conditions are met:1) The permittee submits to the Department four co
26.04.06.71.htm 26.04.06.71. 71 Sewage Sludge Utilization Permit Term and Renewal.. A. As a requirement for maintaining a Sewage Sludge Utilization Permit, the permittee shall:. 1) Comply with the applicable State laws and regulations and with the terms and conditions of the Sewage Sludge Utilization Permit;2) Maintain a performance bond, liability insurance, or other form of security as required in Regulation .10 of this chapter;3) Allow authorized State and local health officials to conduct inspections
26.04.06.72.htm 26.04.06.72. 72 Transfer of a Sewage Sludge Utilization Permit or Ownership.. A. Thirty days before any change in control or ownership of the permitted property, site, or facility, the permittee shall:1) Provide the succeeding legal owners of the permitted property, site, or facility by certified mail, with a copy of:a) The “Owner’s Consent Form” signed by the current owners of the permitted property, site, or facility; and
26.04.06.73.htm 26.04.06.73. 73 Variance.. A. A person who utilizes or proposes to utilize sewage sludge may apply to the Department for a variance from one or more of the provisions of this chapter. Variances may be sought for the Sewage Sludge Utilization Permit Application requirements, or the design, construction, operation, monitoring, record-keeping, or reporting requirements of these regulations. The Department may grant a variance if the person demonstrates to the satisfaction of
26.04.06.74.htm 26.04.06.74. 74 Suspension, Revocation, or Modification by the Department.. A. After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Sewage Sludge Utilization Permit if the Department finds that:1) False or inaccurate information was contained in:. a) The Sewage Sludge Utilization Permit Application;. b) The information and forms required as part of the Sewage Sludge Utilization Permit Application; or
26.04.06.75.htm 26.04.06.75. 75 Delegation of Inspection, Monitoring, or Enforcement.. A. A local health official or the local health official’s designee may seek delegation authority from the Department to inspect, monitor, or enforce the provisions of Sewage Sludge Utilization Permits issued for sewage sludge utilization activities in that local jurisdiction.B. The Department may delegate the inspection, monitoring, or enforcement authority to a local health official if the Department determines that the l
26.04.06.9999.htm 26.04.06.9999. Administrative History Effective date: August 4, 1976 (3:16 Md. R. 852). Regulations .01―06 amended effective August 3, 1981 (8:15 Md. R. 1307). Chapter, Uses and Methods of Collection, Handling, Burning, Storage, Transportation, Processing or Distribution of Sewage Sludge, Processed Sludge, orAny Other Product Containing These Materials, repealed effective November 3, 1986 (13:22 Md. R. 2399) ―
26.04.07.00.htm 26.04.07.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 07 Solid Waste Management Authority: Environment Article, §9-204, 9-252, and 9-314, Annotated Code of Maryland
26.04.07.01.htm 26.04.07.01. 01 Scope.. Except as otherwise specifically provided, these regulations apply to all persons engaged in the construction and operation of all solid waste acceptance facilities.
26.04.07.02.htm 26.04.07.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Agricultural waste" means domestic animal manure or residuals in liquid or solid form generated in the production of poultry, livestock, fur-bearing animals, and their products. The term "agricultural waste"a) Includes residuals generated in the production and harvesting but not subsequent processing of all agricultural horticultural, silvicultural, or aquacultural commodities;
26.04.07.03.htm 26.04.07.03. 03 General Restrictions and Specifically Prohibited Acts.. A. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility, shall consider all material required to be submitted under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in solid waste handling in a manner which will likely:
26.04.07.04.htm 26.04.07.04. 04 Sanitary Landfills ― General.. A. Permits Required. Unless excepted under the provisions of §C, a person may not construct or operate a sanitary landfill, or materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. This requirement applies to all the following types of sanitary landfills:1) Municipal landfills, Regulations .05―10 of this chapter;.
26.04.07.05.htm 26.04.07.05. 05 Sanitary Landfills ― Municipal Landfills ― General.. A. Sanitary landfills that are municipal landfills as defined in Regulation .02B(20) of this chapter, are required to satisfy the informational, design, and other requirements of this regulation.B. Application. Written request for permits under the provisions of Regulation .04 shall be submitted to the Approving Authority using the application forms provided by the Approving Authority. The request shall briefly descr
26.04.07.06.htm 26.04.07.06. 06 Sanitary Landfills ― Municipal Landfills ― Phase I Report.. A. Phase I Report Required. Twelve copies of a preliminary (Phase I) report shall be prepared and submitted along with the request for a permit.B. Contents of Phase I Report. At a minimum, the Phase I report shall include a:. 1) Completed and signed application form referenced in Regulation .05B of this chapter;. 2) Current U.S.G.S. 7.5 minute quadrangle map with the proposed site outlined;. 3) Current topographic ma
26.04.07.07.htm 26.04.07.07. 07 Sanitary Landfills ― Municipal Landfills ― Phase II Report.. A. Phase II Report ― Site Geology. The applicant shall prepare and submit to the Approving Authority ten copies of a geologic report, known as the Phase II report, describing the soils, geology, meteorology, and hydrology of the proposed site.B. The report shall be developed and signed by a geologist or geotechnical engineer. The geologist shall possess at least a bachelor's degree from an accredited college or uni
26.04.07.08.htm 26.04.07.08. 08 Sanitary Landfills ― Municipal Landfills ― Phase III Report.. A. Ten complete sets of plans and engineering reports, known as the Phase III report, covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority.B. These plans and specifications shall include the following information in sufficient detail to permit a comprehensive review of the project:1) A map which designates
26.04.07.09.htm 26.04.07.09. 09 Sanitary Landfills ― Municipal Landfills ― Other Requirements For Permits.. A. Public Hearing. Before issuing a refuse disposal permit for a municipal landfill, the Department shall hold a public hearing on the permit application, as required by Environment Article, §9-209, Annotated Code of Maryland. At the time of the public hearing the applicant shall establish that the applicant has met all the provisions of Environment Article, §9-204, 9-209, 9-210, and 9-211, Annota
26.04.07.10.htm 26.04.07.10. 10 Sanitary Landfills ― Municipal Landfills ― Minimum Operating Procedures.. A. Unloading. Solid waste unloading shall be restricted to the working face of the landfill in a manner that waste may be easily incorporated into the municipal landfill with the available equipment, except when containers or other special facilities are provided for the unloading of solid waste from passenger vehicles.B. Spreading and Compaction. Solid waste shall be spread in uniform layers
26.04.07.11.htm 26.04.07.11. 11 Sanitary Landfills ― Land Clearing Debris Landfills ― General.. A. General. Sanitary landfills restricted to acceptance of land clearing debris as specified in this regulation are not required to satisfy the informational requirements and design specifications as specified in Regulations .05―10. Instead, these facilities are required to satisfy the design and operational requirements of this regulation. Unless excluded under Regulation .04C, these landfills ar
26.04.07.12.htm 26.04.07.12. 12 Sanitary Landfills ― Land Clearing Debris Landfills ― Permit Requirements.. A. Permit Application Requirements. To obtain a permit to construct or operate a land clearing debris landfill, an applicant shall submit eight copies of the following information:1) A completed and signed application on a form provided by the Department.. 2) A U.S.G.S. 7.5 minute quadrangle map with the proposed site outlined.. 3) A topographic map which is an accurate depiction of the site at the time
26.04.07.13.htm 26.04.07.13. 13 Sanitary Landfills ― Rubble Landfills ― General.. A. General. Sanitary landfills which accept only rubble (rubble landfills) are required to satisfy the design and operational requirements of Regulation .18. of this chapter, Unless excluded under Regulation .04C, of this chapter, these landfills are subject to the permit requirements of Regulations .14―17 of this chapter.B. Acceptable Wastes. The following types of waste may be accepted at rubble landfills unless specif
26.04.07.14.htm 26.04.07.14. 14 Sanitary Landfills ― Rubble Landfills ― Phase I.. A. Permit Application. To obtain a permit required under Regulation .04 of this chapter to construct or operate a rubble landfill, an applicant shall submit 12 copies of a Phase I report which contains the informational requirements specified in Regulation .06B(1)9) of this chapter.B. Phase I Site Inspection.. 1) Following receipt of the specified number of copies of the required information, the Department s
26.04.07.15.htm 26.04.07.15. 15 Sanitary Landfills ― Rubble Landfills ― Phase II.. A. Phase II Report―Site Geology. The applicant shall prepare and submit to the Approving Authority ten copies of a Phase II report describing the soils, geology, and hydrology of the proposed site. This report shall be developed and signed by a geologist who possesses at least a bachelor's degree from an accredited college or university in the field of geology or a related field of earth science. The Phase II report shall
26.04.07.16.htm 26.04.07.16. 16 Sanitary Landfills ― Rubble Landfills ― Phase III.. A. Phase III―Engineering Plans and Specifications. Ten complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer shall be submitted to the Approving Authority. These plans and specifications shall include the following information in sufficient detail to permit a comprehensive review of the project:1) A map which designates
26.04.07.17.htm 26.04.07.17. 17 Sanitary Landfills ― Rubble Landfills ― Other Requirements.. A. Public Hearing―Before issuing a permit for a sanitary landfill to accept rubble, a public hearing shall be conducted in accordance with the provisions of Regulation .09A of this chapter.B. Before the Department issues a permit for a sanitary landfill to accept rubble, the applicant shall satisfy the provisions of Regulation .09B and C of this chapter and the requirements of Environment Article, §9-210, Annot
26.04.07.18.htm 26.04.07.18. 18 Sanitary Landfills ― Rubble Landfills ― Minimum Operating Procedures.. A. The provisions of §B―U of this regulation are established as minimum operating procedures for sanitary landfills which accept only rubble, unless otherwise specified.B. Protection of Liner and Leachate Collection System. A minimum of 4 feet of select waste containing no long pipes, boards, or other materials that could damage the liner or leachate collection system shall be placed over th
26.04.07.19.htm 26.04.07.19. 19 Sanitary Landfills ― Industrial Waste Landfills ― General.. A. General. Sanitary landfills which accept only nonhazardous industrial waste (industrial waste landfills) are required to satisfy the siting, design, and operational requirements of this regulation. Unless excluded under Regulation .04C of this chapter, these landfills are subject to the permit requirements of Regulation .20 of this chapter.B. Acceptable Wastes. Industrial waste landfills are limited to accepting n
26.04.07.20.htm 26.04.07.20. 20 Sanitary Landfills ― Industrial Landfills ― Permit Requirements.. A. Permit Application Requirements. When required to obtain a permit to construct or operate an industrial waste landfill, an applicant shall submit five copies of the following information:1) A completed and signed application on a form provided by the Department.. 2) A comprehensive physical and chemical description of the waste materials to be disposed of in the landfill.3) A description, includi
26.04.07.21.htm 26.04.07.21. 21 Sanitary Landfill ― Closure.. A. General. A landfill whose design capacity has been exhausted or which has been ordered by the Department to cease accepting wastes and to initiate closure activities after the effective date of this regulation shall close the landfill in accordance with the provisions of this regulation.B. Closure Cap. The closure cap shall be designed to minimize infiltration into the landfill and shall be developed through an engineering analysis of
26.04.07.22.htm 26.04.07.22. 22 Sanitary Landfills ― Post-Closure Monitoring and Maintenance.. A. Landfills in Maryland shall be subject to post-closure monitoring and maintenance by the permittee as specified in this regulation, for a period of time not less than 5 years after the complete installation of the landfill cap. This time period may be extended by the Department if significant maintenance situations occur at the landfill during the 5-year period after closure.B. Inspections. The close
26.04.07.23.htm 26.04.07.23. 23 Processing Facilities.. A. Permits.. 1) Permits Required. Unless excepted under the provisions of §A(2) of this regulation, a person may neither construct or operate a processing facility, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun.2) Exceptions. Permits issued under this regulation are not required for processing facilities constructed and operated for p
26.04.07.24.htm 26.04.07.24. 24 Transfer Stations.. A. Permits Required. A person may neither construct nor operate a transfer station for public use, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun.B. Application for Permit.. 1) Requirement for Application. An application for a permit under the provisions of §A shall be submitted to the Approving Authority. The application shall consist of a letter
26.04.07.25.htm 26.04.07.25. 25 Incinerators.. A. Permits.. 1) Permits Required. Unless excepted under the provisions of §A(2) of this regulation, a person may neither construct or operate an incinerator for burning solid waste, nor materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun.2) Exceptions. Permits issued under this regulation are not required for the following:. a) Incinerators located at places such as schools,
26.04.07.26.htm 26.04.07.26. 26 Variances.. A. An owner, operator, or person proposing to construct or currently operating a solid waste acceptance facility may apply to the Approving Authority for a variance from one or more of the provisions of these regulations. Variance may be sought for design or operation and maintenance requirements, or both. The Approving Authority shall grant a variance when the design or method of operation proposed in the variance application has been shown by t
26.04.07.27.htm 26.04.07.27. 27 Enforcement Provisions.. A. Suspension or Revocation of Permits.. 1) Permits may be revoked or temporarily suspended by the Approving Authority for failure of the holder to comply with:a) The requirements of these regulations;. b) The requirements of the permit; or. c) A corrective order issued by the Approving Authority.. 2) After written notification of the violation by the Approving Authority which provides the permittee an opportunity for a hearing, and if no immedia
26.04.07.9999.htm 26.04.07.9999. Administrative History Effective date: July 25, 1980 (7:15 Md. R. 1423). Regulation .04B amended effective June 21, 1982 (9:12 Md. R. 1224). Chapter, Installation and Operation of Systems of Refuse Disposal for Public Use, repealed effective March 7, 1988 (15:5 Md. R. 618) ―Regulations .01―27, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618). COMAR 10.17.11 recodified to COMAR 26.04.07. Regulation .02B amended effective September 22, 19
26.04.08.00.htm 26.04.08.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 08 Storage, Collection, Transferring, Hauling, Recycling, and Processing of Scrap Tires Authority: Environment Article, §9-201, 9-228, 9-262, 9-268, 9-274, 9-275, 9-277, and 9-278, Annotated Code of Maryland
26.04.08.01.htm 26.04.08.01. 01 Scope.. Except as otherwise specifically provided, these regulations apply to all persons engaged in the storage, collection, transferring, hauling, recycling, or processing of scrap tires.
26.04.08.02.htm 26.04.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Approved facility" means a facility located in or outside of the State for collecting, recycling, or otherwise processing scrap tires that is approved or licensed by the Department in accordance with regulations adopted by the Department.2) "Authorization" means the granting of approval or licensure by the Department to handle scrap tires.3) "Clean-up" means the p
26.04.08.03.htm 26.04.08.03. 03 General Provisions and Specifically Prohibited Acts.. A. General Provisions. A person may not haul, transfer, store, collect, recycle, or engage in other methods of processing of scrap tires in a manner which will likely:1) Create a nuisance;. 2) Be conducive to insect and rodent infestation;. 3) Cause a discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department;4) Cause a discharge of any constituents derived f
26.04.08.04.htm 26.04.08.04. 04 Scrap Tire Licenses.. A. Scrap Tire Hauler License Requirements.. 1) The requirements applicable to scrap tire haulers are as follows:. a) Beginning on July 1, 1992, a scrap tire hauler is required to have a license issued by the Department to transport scrap tires; andb) Beginning on July 1, 1992, a licensed scrap tire hauler shall transport scrap tires in accordance with these regulations.2) Those transporting not more than five scrap tires annually are exempt fr
26.04.08.05.htm 26.04.08.05. 05 Scrap Tire Hauler License Application Procedures.. A. Application Form. To apply for a scrap tire hauler license, a scrap tire hauler license application form shall be completed as set forth in §B of this regulation.B. The Department shall develop and make available a scrap tire hauler license application form. The application shall contain, at least, the following information:1) The name, mailing address, and telephone number of the applicant;.
26.04.08.06.htm 26.04.08.06. 06 Departmental Review of Scrap Tire Hauler License Applications.. A. Application Completion Criteria. Applications for a scrap tire hauler license are considered complete only if they are:1) Submitted on application forms provided by the Department;. 2) Accompanied by all required exhibits and supporting documents, as applicable; and. 3) Completed in full and signed by the applicant.. B. Upon receipt of a completed application, the Department may deny the license if the:.
26.04.08.07.htm 26.04.08.07. 07 Terms and Conditions of a Scrap Tire Hauler License.. A. Term of License. A scrap tire hauler license shall be issued for a term of 5 years.. B. Conditions.. 1) Unless specifically exempted by statute or regulation, a licensed scrap tire hauler shall meet the criteria in §B(2)7) of this regulation as a condition of the license.2) A licensed scrap tire hauler shall operate in a manner consistent with the scrap tire hauler license and application.3) A licensed scrap tire
26.04.08.08.htm 26.04.08.08. 08 License Application Procedures ― Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. General Application Form. An applicant for a scrap tire collection facility license or a scrap tire recycler license shall complete and submit an application form provided by the Department. The content requirements of the general portion of the application are set forth in §B of this regulation. Specific application information requirements according to the facility ty
26.04.08.09.htm 26.04.08.09. 09 Application Review ― Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.. A. Application Completion Criteria. An application for a license as a scrap tire collection facility or a scrap tire recycler is considered complete only if it is:1) Submitted on forms provided by the Department;. 2) Accompanied by all required exhibits and supporting documents;. 3) Accompanied by certification of acceptance by the Service if designated for inclusion in the scra
26.04.08.10.htm 26.04.08.10. 10 Conditions for Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.. A. Term of License. A license for a primary and secondary scrap tire collection facility or scrap tire recycler shall be issued for a term of 5 years.B. Conditions.. 1) Unless specifically exempted by statute or regulation, a facility licensee shall meet the criteria in §B(2)10) of this regulation as a condition of the license.2) The facility shall be operated in a manner consistent with the primary a
26.04.08.11.htm 26.04.08.11. 11 General Standards ― Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. Location of Facility. A primary scrap tire collection facility or a scrap tire recycler may not be constructed or operated in a wetland, sinkhole, shoreland, ravine, 100-year floodplain, or any area where it may be subjected to immersion in water, unless authorized by the Department and the Department of Natural Resources.B. Operation. A primary scrap tire collection faci
26.04.08.12.htm 26.04.08.12. 12 Specific Requirements ― Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. Additional Application Requirements. In addition to the information described in Regulation .08B of this chapter, the application for a primary scrap tire collection facility or scrap tire recycler license shall include the following information:1) A description of facility operations, including a technical description of the methods and procedures used at the facility
26.04.08.13.htm 26.04.08.13. 13 Requirements for Approval of In-State Facilities.. A. A substitute fuel/tire-derived fuel facility or solid waste acceptance facility shall be approved by the Department before accepting any scrap tires.B. After the appropriate application required by Regulation .14 or .15 of this chapter is submitted to the Department, facility approval may be granted by a modification to a permit issued to the facility under other applicable State or federal statutes and regulations.
26.04.08.14.htm 26.04.08.14. 14 Substitute Fuel/Tire Derived Fuel Facility Approval Requirements.. A. Application Requirements. A person who wishes to use scrap tires as a substitute fuel in a resource recovery facility or in a facility that uses tires as a tire-derived fuel shall submit an application for approval to the Department. The application shall include the following information:1) The information required by Regulations .08B and .12 of this chapter; and. 2) The following additional information:.
26.04.08.15.htm 26.04.08.15. 15 Solid Waste Acceptance Facility Approval Requirements.. A. A solid waste acceptance facility seeking to become an approved scrap tire facility after December 31, 1993 shall possess a valid refuse disposal permit as set forth under COMAR 26.04.07.B. Application. An applicant requesting approval of a solid waste acceptance facility as a scrap tire facility shall make application to the Department and, in addition to the information specified in Regulation .08B of this
26.04.08.16.htm 26.04.08.16. 16 Reserved..
26.04.08.17.htm 26.04.08.17. 17 Technical and Operational Standards to Store Scrap Tires.. A. Designation of Scrap Tire Storage Areas. For those scrap tire facilities that will store scrap tires, a scrap tire storage area shall be used. Only scrap tires, including processed portions and raw material, may be stored in the designated scrap tire storage area. This area shall be maintained free of excessive vegetation or other flammable materials.B. Scrap tires shall be stored indoors or outdoors
26.04.08.18.htm 26.04.08.18. 18 Facility Closure.. A. Except for general scrap tire collection facilities, an authorized scrap tire facility shall cease to accept scrap tires and immediately close the scrap tire operations in compliance with any special closure conditions established in the authorization under these regulations, if the following occur:1) Facility operations or the scrap tire portion of facility operations have been terminated;.
26.04.08.19.htm 26.04.08.19. 19 Closure Procedures.. A. Closure Schedule. Unless otherwise described in a scrap tire facility closure plan accepted by the Department, closure procedures shall be completed within 90 days of cessation of facility operations, license revocation, license denial, or final order of the Department.B. Closure Procedures. For closure, the scrap tire facility shall:. 1) Close to public access;. 2) Post a gate notice indicating to the public that the facility is closed
26.04.08.20.htm 26.04.08.20. 20 Cost Estimate for Closure.. A. For each scrap tire facility, where a closure plan is required, an estimate shall be made of the costs for the transfer of the scrap tires to an authorized scrap tire facility or to the marketplace, and for the removal of all solid waste to a permitted solid waste acceptance facility, for the maximum amount of these materials that exist on the site at any time.B. The estimate shall be done according to a work sheet developed by the De
26.04.08.21.htm 26.04.08.21. 21 Financial Assurance Required.. A. Financial assurance for the closure of a primary scrap tire collection facility, a scrap tire recycler, or any approved facility, shall be established by obtaining one or more of the financial assurance mechanisms approved by the Department.B. A deposit of cash, performance bond, letter of credit, insurance policy, or negotiable securities submitted under this regulation shall be filed with the Department and remain in effect until the D
26.04.08.22.htm 26.04.08.22. 22 Release of Obligation for Financial Assurance.. When a facility described in Regulation .21A of this chapter has completed, to the satisfaction of the Department, all closure requirements in accordance with the closure plan and these regulations, the Department shall release the security filed or deposited under Regulation .21 of this chapter.
26.04.08.23.htm 26.04.08.23. 23 Renewal of Expired Authorization.. A. A written application for renewal of an existing license or approval shall be submitted 90 days before the expiration date of the authorization.B. A person whose authorization has expired following submission to the Department of a timely and complete renewal application may continue to conduct the authorized activity until the Department takes final action on the application, if the Department determines that the:
26.04.08.24.htm 26.04.08.24. 24 Modification or Transfer of Authorization.. A. Modification. The Department may modify any existing authorization if the modification is needed to reflect changes in State or federal statutes or regulations applicable to a scrap tire facility or hauler. This modification shall also be incorporated into a facility closure plan or emergency preparedness manual, and other documents as appropriate.B. Transfer.. 1) An existing authorization may be transferred to
26.04.08.25.htm 26.04.08.25. 25 Enforcement Provisions.. A. Suspension or Revocation of Authorization.. 1) The Department may suspend, revoke, or modify any authorization if the Department finds that:. a) The application contained false or inaccurate information;. b) There has been a substantial deviation from:. i) The documents accepted by the Department as terms or conditions of authorization, or. ii) Any requirement established by the Department;. c) A representative of the Department has been ref
26.04.08.26.htm 26.04.08.26. 26 Use of the State Used Tire Clean-up and Recycling Fund.. A. Authorization. There is a State Used Tire Clean-up and Recycling Fund (the Fund) as established in Environment Article, §9-273, Annotated Code of Maryland.B. Allocation of the Fund. The Department shall use the Fund in accordance with the provisions of Environment Article, §9-275, 9-277, and 9-278, Annotated Code of Maryland.C. Procedures for Allocation of the Fund for the Scrap Tire Recycling System..
26.04.08.27.htm 26.04.08.27. 27 Application Procedures for the Award of Financial Assistance.. A. Authorization. The Service, with the approval of the Department and the Board of Public Works, in accordance with these regulations, may award grants, loans, and loan guarantees to State agencies, local governments, and persons located or locating in Maryland for projects to reduce, recover, and recycle scrap tires generated in Maryland through the expansion or construction of scrap tire collec
26.04.08.28.htm 26.04.08.28. 28 General Requirements and Priorities for Financial Assistance.. A. General Requirements. Loans or grants obtained under Environment Article, §9-275(a)2) Annotated Code of Maryland, shall be:1) Subject to the approval of the Department and the Board of Public Works;. 2) Made in accordance with policy and procedures of the Board of Public Works;. 3) Serviced, monitored, and collected (loans) by the Service;. 4) Issued for loans, at least, at the same rate of interest as the most rec
26.04.08.9999.htm 26.04.08.9999. Administrative History Effective date: July 6, 1992 (19:13 Md. R. 1204).
26.04.09.00.htm 26.04.09.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 09 Natural Wood Waste Recycling Facilities Authority: Environment Article, §9-1701 and 9-1708, Annotated Code of Maryland
26.04.09.01.htm 26.04.09.01. 01 Scope.. Except as otherwise provided, these regulations apply to those engaged in the construction and operation of natural wood waste recycling facilities.
26.04.09.02.htm 26.04.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Composting" means the process in which natural wood waste is aerobically decomposed under controlled conditions to yield a humus-like product.2) "Department" means the Maryland Department of the Environment.. 3) "Facility structures" means any buildings and sheds or utility or drainage lines on the facility.. 4) Natural Wood Waste..
26.04.09.03.htm 26.04.09.03. 03 General Restrictions and Specifically Prohibited Acts.. A. General Restrictions. The Department, in exercising its authority under these regulations with respect to the granting or renewal of permits or reviewing operations of a facility or allowing continued operation under a general permit, shall consider all material required under these regulations to evaluate whether any of the following factors is likely to occur or has occurred. A person may not engage in natural wood w
26.04.09.04.htm 26.04.09.04. 04 Permits ― General.. A. Permits Required. Unless excepted under the provisions of §B of this regulation, a person:. 1) May not operate a natural wood waste recycling facility in the State after July 1, 1992, without a permit issued by the Department under these regulations; and2) Shall operate the facility:. a) Under the conditions of an individual permit issued by the Department; or. b) In accordance with the conditions of the general permit after the responsible party has:.
26.04.09.05.htm 26.04.09.05. 05 Application for Individual Permits.. A. Requirements for Application.. 1) An applicant for a natural wood waste recycling facility shall submit a permit application to the Department.2) The application shall include:. a) A description of the project for which approval is requested, including how the requirements in Regulation .07 of this chapter shall be met;b) A description of all other applicable permits required under local, State, or federal statutes;.
26.04.09.06.htm 26.04.09.06. 06 Application Review for Individual Permits.. A. The Department shall distribute the applications submitted to each of the following:. 1) The governing body, the county executive, or both, of a county or municipality in which the activity is proposed;2) Local operating agency responsible for solid waste and recycling management;. 3) Local health or environmental official;. 4) Department of Natural Resources;. 5) Appropriate soil conservation district;.
26.04.09.07.htm 26.04.09.07. 07 General Requirements and Operating Procedures.. A. Buildings, Screens, or Buffers. In order to ensure compliance with Regulation .03A(1) of this chapter, the Department may require that the natural wood waste recycling facility conduct processing activities involving unloading, separation, reduction, or alteration in one or more of the following ways:1) In an enclosed building;. 2) Screened from adjoining properties; or.
26.04.09.08.htm 26.04.09.08. 08 Periodic Reports to the Department.. A. Annual Report. A natural wood waste recycling facility shall submit an annual report in writing to the Department concerning the status of the natural wood waste recycling facility for each year the facility is in use.B. The facility shall submit the report in §A of this regulation by March 1 of each year for the preceding calendar year's data.C. The facility shall submit all required data on the form or in the format
26.04.09.09.htm 26.04.09.09. 09 Variances.. A. The owner, operator, or person proposing to construct or currently operating a natural wood waste recycling facility may apply to the Department for a variance from one or more of the provisions of these regulations.B. A natural wood waste recycling facility may seek a variance for design or operation and maintenance requirements, or both;C. The Department shall grant a variance when the design or method of operation proposed in the variance application shows, t
26.04.09.10.htm 26.04.09.10. 10 Enforcement Provision.. A. Suspension or Revocation of Permits.. 1) The Department may issue an order or revoke or temporarily suspend an individual permit or authorization to operate under the general permit for failure of the holder or responsible party to comply with:a) The requirements of these regulations;. b) The requirements of the permit;. c) A corrective order issued by the Department; or. d) The requirements of other applicable State laws and regulations..
26.04.09.11.htm 26.04.09.11. 11 Notice of Intent (NOI) to Operate a Natural Wood Waste Recycling Facility Under a General Permit.. A. Submission of a Notice of Intent signifies that the signatory party intends to be authorized to operate a natural wood waste recycling facility.B. Becoming a permittee under the general permit obligates the person or business entity, or both the person and business entity, to comply with the terms and conditions of the general permit.C. Coverage under the gen
26.04.09.12.htm 26.04.09.12. 12 General Permit to Operate a Natural Wood Waste Recycling Facility.. A. A permittee may participate in the general permit for a maximum period of 5 years from the date of the letter of acknowledgment issued by the Department after receipt of the NOI.B. A permittee or responsible party wishing to renew its participation in the general permit shall submit a Notice of Intent to renew the coverage under the general permit 14 days before the expiration of that 5-year period.
26.04.09.9999.htm 26.04.09.9999. Administrative History Effective date: July 6, 1992 (19:13 Md. R. 1210). Chapter revised effective April 5, 1999 (26:7 Md. R. 546).
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