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<regulation prefix="Regulation" num=".07" citation="COMAR 26.04.07.07" title_num="26" subtitle_num="04" chapter_num="07" heading="Sanitary Landfills — Municipal Landfills — Phase II Report.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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 university in the field of geology or a related field of earth science. The geotechnical engineer shall possess at least a bachelor's degree in civil or environmental engineering from an accredited college or university with the major course of study in geotechnical engineering or related earth sciences, and shall be registered in Maryland as a professional engineer. The geologist or geotechnical engineer shall have at least 5 years of experience in performing hydrogeologic investigations.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The report shall include the following information in sufficient detail to permit a comprehensive review of the project:</text>
    <paragraph num="(1)">
      <text>An up-to-date site specific topographic map using a contour interval which is practical for that site. The following items shall be shown on the map:</text>
      <paragraph num="(a)">
        <text>Surface waters and natural drainage features;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>100-year flood plain;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Property lines;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>On-site buildings and structures;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Forested and other vegetated areas; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A discussion of the geologic formations directly underlying and in close proximity to the site, the present and projected use of these formations as a source of ground water and minerals, and the hydrogeologic relationship between the formations.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A survey of all production wells within 1/2 mile of the site boundary. Each well shall be located on the topographic map and a table shall be developed which specifies all the available pertinent information such as well depth, screen type, productivity, materials encountered, and water level.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Ground water contour maps to show the occurrence and direction of ground water flow beneath the site superimposed on the current topographic map. Three separate ground water contour maps as specified below shall be constructed for each distinct water-bearing formation occurring within 50 feet of the anticipated lowest elevation of the refuse cell floor, using monthly ground water elevation data collected from piezometers on the site over a period of not less than 12 months, or derived using a hydrologic simulation or prediction technique approved by the Department. Three ground water contour maps shall be constructed from a set of:</text>
      <paragraph num="(a)">
        <text>Water elevations measured or predicted during the month that represents the most:</text>
        <paragraph num="(i)">
          <text>Elevated ground water condition,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Depressed ground water condition; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The highest observed or predicted ground water elevations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Geologic cross sections in sufficient detail, orientation, and number to clearly identify subsurface conditions at the site.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A bedrock map, except in the coastal plain outside the fall zone, to show the contours of the bedrock surface beneath the site.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>An isopachous map to show the minimum thickness of soil and other unconsolidated sediments above the elevation of ground water as determined in §C(4), or bedrock as determined in §C(6), of this regulation, whichever is the higher.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A discussion of the chemical quality of ground water in the aquifers beneath the site as determined in §C(2) of this regulation. The list of chemical parameters shall include pH, alkalinity, hardness, chloride, specific conductance, nitrate, chemical oxygen demand, arsenic, barium, cadmium, chromium, zinc, lead, mercury, the volatile priority pollutants, and any other pollutants specified by the Department.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A discussion of the potential for the vertical and horizontal movement of pollutants into the waters of this State.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>The results of a fracture trace or aerial photographic lineament analysis (except in the coastal plain) which identifies the relationship between these features and the local ground water hydrology.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Test boring logs, well completion reports, piezometric measurements, chemical and physical soil/sediment analyses, and all accompanying geotechnical analyses. All laboratory and field methodologies and procedures shall be included.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>A preliminary conceptual design of the proposed municipal landfill based on the geotechnical information gathered in §C(1)—(11) of this regulation. The landfill design shall satisfy the following minimum design standards:</text>
      <paragraph num="(a)">
        <text>A liner system that is designed, constructed, and installed to facilitate collection of leachate generated by the landfill to prevent migration of pollutants out of the landfill to the adjacent subsurface soil, ground water, or surface water. The liner may be constructed of natural earthen materials which are excavated from on the site or which are imported from another location. The liner may also be constructed of a synthetic or manufactured membrane material. The liner system shall be:</text>
        <paragraph num="(i)">
          <text>Constructed of materials that have sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the waste or leachate, climatic conditions, the stress of installation, and the stress of daily operation.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A minimum of 1 foot of clay or other natural material having an in-place permeability of less than or equal to 1 × 10-7th centimeters/second, or one or more unreinforced synthetic membranes with a combined minimum thickness of 50 mil, or a single reinforced synthetic membrane with a minimum thickness of 30 mil, which has a permeability less than or equal to 1 × 10-10th centimeters/second, placed over a prepared subbase with a minimum thickness of 2 feet and a permeability less than or equal to 1 × 10-5th centimeters/second. The Approving Authority may authorize the installation of a liner system with specifications different than those listed in this subparagraph only upon a successful demonstration by the applicant that the alternate system is capable of collecting and managing the leachate generated at the site, and that the liner system provides an equivalent level of protection to public health and the environment.</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, uplift, puncture, cutting or activities at the landfill.</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Installed to cover all surrounding earth likely to be in contact with the waste or leachate.</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Installed with a minimum slope of 2 percent to facilitate movement of leachate towards the leachate collection system and prevent leachate ponding on the landfill floor.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The liner system shall be located entirely above the composite high water table as determined in §C(4)(b), of this regulation, and bedrock as determined in §C(6) of this regulation. A minimum buffer distance, including the thickness of the prepared subbase, shall be required between the bedrock elevation and the maximum expected ground water elevation, and the bottom of the liner system, as follows:</text>
        <paragraph num="(i)">
          <text>Except as specified in §C(12)(b)(ii), of this regulation, the minimum buffer distance shall be 3 feet.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>In Queen Anne's, Talbot, Caroline, Dorchester, Wicomico, Somerset, and Worcester Counties, the minimum buffer distance shall be 1.5 feet unless the Department determines from the available hydrogeological data that the site can provide an additional buffer. In these instances the Department shall set a minimum buffer between 1.5 and 3.0 feet.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>A leachate collection and removal system, located immediately above the liner, that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The leachate collection and removal system shall be:</text>
        <paragraph num="(i)">
          <text>Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Designed and operated to function without clogging; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Designed and operated to ensure that the leachate depth over the liner does not exceed 30 centimeters (1 foot).</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Phase II Plan Review.</text>
    <paragraph num="(1)">
      <text>Following receipt of the specified number of copies of the Phase II report, the Department shall distribute one copy to each of the following:</text>
      <paragraph num="(a)">
        <text>Secretary, Department of Natural Resources;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Director, Water Resources Administration;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Director, Maryland Geological Survey;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>U.S. Geological Survey;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>County Soil Conservation District;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Local health official; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Local operating agency responsible for solid waste management.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person receiving a copy of the Phase II report shall be requested by the Approving Authority to submit any comments to the Department within 30 days of receipt of the report.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Approving Authority shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When practicable, within 60 days following the meeting referenced in §D(3), of this regulation, the Approving Authority shall either deny the permit or determine if:</text>
      <paragraph num="(a)">
        <text>Sufficient information is available to proceed to the Phase III report; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Revisions to the Phase II report are needed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review.</text>
    </paragraph>
  </paragraph>
</regulation>