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<regulation prefix="Regulation" num=".25" citation="COMAR 26.04.07.25" title_num="26" subtitle_num="04" chapter_num="07" heading="Incinerators.">
  <paragraph num="A.">
    <text>Permits.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Exceptions. Permits issued under this regulation are not required for the following:</text>
      <paragraph num="(a)">
        <text>Incinerators located at places such as schools, apartment houses, industries, hospitals, commercial establishments, individual residences, and farms, provided that the facility is not part of a system of refuse disposal for public use;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Incinerators that are permitted under Environment Article, §7-232, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Application for Permit. The applicant shall submit eight complete sets of plans and engineering reports covering the proposed project, prepared, signed, and bearing the seal of a registered professional engineer. The information contained in these plans and reports shall include:</text>
    <paragraph num="(1)">
      <text>A map showing the specific location, land use, and zoning within 1/4 mile of the boundaries of the proposed facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Drawings of buildings and other structures showing types of construction, layout, and dimensions for unloading, storage, and processing areas;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A site plan designating the property boundaries and all existing and proposed structures and roads;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A descriptive statement of processes to be used;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A description of:</text>
      <paragraph num="(a)">
        <text>Major items of equipment including manufacturer, type, model, capacity, and number of units;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Types and anticipated quantities of solid waste to be accepted;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Types of solid waste not to be accepted;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Area and population which will be served by the facility;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Measures to be taken to prevent or control odors, explosions, and ground or surface water pollution;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Methods of treating or disposing of liquid waste resulting from the operation;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Employee safety and sanitary facilities;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>An operational and maintenance manual which identifies the operation in detail, including periodic cleaning and maintenance, and contingency plans;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A description of the manner in which unacceptable waste which may be delivered to the incinerator will be identified, segregated, and handled before final disposal;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A map depicting the topography of the site of the proposed incinerator;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Anticipated tonnage per day of solid waste to be accepted at the incinerator daily;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Location of storage areas for incinerator ash, precipitator waste, and other non-combustible waste generated by the incinerator;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Identification of a proposed disposal site for the ash generated by the facility;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Detailed engineering plans and specifications for the incinerator and related machinery.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Applications received under this section shall be distributed as specified in Regulation .06C(1)(a)—(f) of this chapter. Persons receiving applications shall be asked to submit any comments within 30 days of receipt of the application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for an incinerator:</text>
    <paragraph num="(1)">
      <text>Buildings. Activities involving the unloading, separation, reduction, or alteration of waste shall be conducted in an enclosed building.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Location. Location of the facility shall be adjacent to access roads which are:</text>
      <paragraph num="(a)">
        <text>Paved or surfaced; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provided with a base capable of withstanding anticipated load limits.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Access Roads. An all-weather road negotiable by loaded collection vehicles or other vehicles shall be provided from the entrance gate of the facility to loading and unloading areas.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Environmental Protection. The facility shall be operated in a manner which prevents health hazards and minimizes nuisances. Discharges to air or waters of the State shall be limited to those discharges allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operation shall be controlled at all times. Solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the incinerator. The Department may authorize the on-site storage of ash or residues for the incineration process provided that the Department concludes that the degree of combustion is sufficient to reduce the level of putrescible materials to levels that do not result in odor conditions, vector attraction, or other nuisance conditions. The Department shall require that storage be conducted in such a manner as to not constitute a potential for ground or surface water pollution.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Operational Plan. The facility shall have a written emergency operational plan to provide for an alternative waste handling system when the facility is inoperative. This plan shall delineate the procedures to follow in case of equipment breakdown which may require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Cleanliness and Sanitation.</text>
      <paragraph num="(a)">
        <text>Facilities shall be maintained in a clean and sanitary condition.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Plumbing shall be properly maintained and floors shall be well drained and free from standing water.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Solid waste not actually being processed shall be confined to the unloading area which shall be maintained free of dust and nuisances.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Accumulations of solid waste shall be controlled in a manner as to minimize odors and prevent infestation by insects, rodents, or other vectors.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Fire Control. Appropriate on-site fire control equipment shall be provided, and additional fire-fighting equipment shall be made available in emergencies through prior arrangements with the local fire department.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Information Posted. A statement of the days and hours of operation shall be posted at the entrance of the facility and access shall be limited to those times when authorized personnel are on duty.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Tipping, Loading and Unloading Areas. Waste tipping, loading, and unloading areas shall be constructed of impervious material which is readily cleanable. Drains shall be connected to a sanitary sewer system or other permitted treatment facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Other Requirements.</text>
    <paragraph num="(1)">
      <text>Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the incinerator for each year the facility is in use. This report shall be submitted as specified in the permit and shall include:</text>
      <paragraph num="(a)">
        <text>The quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons or cubic yards.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The quantities and descriptions of solid waste, ash, and non-acceptable waste transported off-site for disposal. Quantities shall be given in tons or cubic yards.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Approving Authority may impose other requirements considered necessary.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Public Hearing. Before issuing a refuse disposal permit for an incinerator, a public hearing shall be conducted in accordance with the provisions of Regulation .05I(1) of this chapter.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:</text>
    <paragraph num="(1)">
      <text>A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proof that the facility is consistent with the approved county comprehensive solid waste management plan.</text>
    </paragraph>
  </paragraph>
</regulation>