Plain Text Law

Chapter 07. Solid Waste Management

Regulation .01 Scope.Copy Citation

Except as otherwise specifically provided, these regulations apply to all persons engaged in the construction and operation of all solid waste acceptance facilities.

Regulation .02 Definitions.Copy Citation

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;
(b)
Does not include residuals generated during land clearing exercises unless the cleared land is intended solely for agricultural purposes.
(2)
“Approving Authority” means the Secretary of the Environment or the Secretary's designee.
(3)
Ashes.
(a)
“Ashes” means the residue from the burning of wood, solid waste, coal, coke, and other combustible materials.
(b)
“Ashes” does not include:
(i)
Pozzolan as defined in Environment Article, §15-407, Annotated Code of Maryland, if the pozzolan is used in accordance with Environment Article, §15-407, Annotated Code of Maryland, and COMAR 26.04.10; or
(ii)
Coal combustion byproducts as defined in COMAR 26.04.10, if the coal combustion byproducts are used in accordance with COMAR 26.04.10.
(4)
“Composting” means the process in which organic solid waste is biologically decomposed under controlled conditions to yield a nuisance-free humus-like product.
(5)
“Controlled hazardous substance (CHS)” is as defined in COMAR 26.13.01.03B(26).
(6)
“County comprehensive solid waste management plan” means the same as “county plan” as defined in COMAR 26.03.03.01B(2).
(7)
“Department” means the Department of the Environment.
(8)
“Facility structures” means any buildings and sheds or utility or drainage lines on the facility.
(9)
“Final disposal” means the complete and ultimate disposal of solid waste.
(10)
“Ground water” is as defined in COMAR 26.08.01.01B(27).
(11)
“Incinerator” is as defined in COMAR 26.11.08.01B.
(12)
“Industrial waste” is defined in COMAR 26.08.01.01B(30).
(13)
“Infectious waste” means any waste that comes from a hospital, clinic, or laboratory and that is known or suspected to be contaminated with organisms capable of producing disease or infection in humans. Infectious waste includes:
(a)
Disposable equipment, instruments, and utensils;
(b)
Contaminated needles, scalpels, and razor blades;
(c)
Human tissue and organs that result from surgery, obstetrics, or autopsy;
(d)
Feces, urine, vomitus, and suctionings;
(e)
Live vaccines for human use;
(f)
Blood and blood products; and
(g)
Laboratory specimens, such as tissues, blood elements, excreta, and secretions.
(14)
“Intermediate disposal” means the preliminary or incomplete disposal of solid waste including, but not limited to, transfer station, incineration, or processing.
(15)
“Leachate” means liquid that has percolated through solid waste and has extracted dissolved or suspended material from it.
(16)
“Lower explosive limits” means the lowest percent by volume of a mixture of explosive gases which will propagate a flame in air at 25°C and atmospheric pressure.
(17)
“Monitoring well” means any hole made in the ground to examine ground water.
(18)
“Municipal landfill” means a solid waste acceptance facility permitted under these regulations that is designed, installed, and operated so that all types of waste generated by a community except waste specifically prohibited by these regulations or a permit issued under these regulations can be accepted.
(19)
“Open dump” means a land disposal site which is operated after the effective date of these regulations and is not designed or operated in accordance with the requirements for a sanitary landfill in these regulations.
(20)
“Overburden” means the material overlying a mineral deposit in its natural state.
(21)
“Person” means the federal government, any individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, governmental unit, or any political subdivision of this State or any agency or instrumentality of one.
(22)
Processed Debris.
(a)
“Processed debris” means acceptable demolition or construction debris as described in Regulation .13B(2) and (3) of this chapter containing more than one material that has been physically altered so that individual component materials may not be identified through visual inspection.
(b)
“Processed debris” includes shredded demolition or construction waste unless the shredded waste is of a single material which is readily identifiable by visual inspection.
(c)
“Processed debris” does not include construction or demolition debris crushed or compacted so that individual component materials are identifiable through visual inspection.
(23)
“Processing facility” means a combination of structures, machinery, or devices used to reduce or alter the volume, chemical, or physical characteristics of solid waste. For the purpose of these regulations, collection points serving rural residential areas are not considered to be processing facilities, provided that solid waste is not transferred from collection vehicles to another transportation unit. A generator who processes his or her own solid waste at the site of generation and disposes of the processed solid waste off the site of generation at a disposal site permitted by the Department is not considered to be a processing facility.
(24)
“Production well” means any hole made in the ground for purposes of extracting water from the ground for agricultural, commercial, domestic, or industrial uses.
(25)
“Refuse” is synonymous with solid waste.
(26)
“Resource recovery facility” means a processing facility at which component materials of solid waste are recovered for use as raw materials or energy sources.
(27)
“Sanitary landfill” means an engineered method of disposing of solid wastes on land in a manner that:
(a)
Minimizes public health and environmental hazards; and
(b)
Is designed, installed, and operated according to the provisions of these regulations.
(28)
“Solid waste” has the meaning stated in Environment Article, §9-101(j), Annotated Code of Maryland.
(29)
“Solid waste acceptance facility” means any landfill, incinerator, transfer station, or processing facility whose primary purpose is to dispose of, treat, or process solid waste.
(30)
“System of refuse disposal for public use” means the services, facilities, or properties used in connection with the intermediate or final disposal of any solid waste unless these activities are limited to waste generated by an individual, a single corporation or business, or are disposed of as authorized by a permit issued by the Department under Environment Article, §7-232, 9-224, or 9-323, Annotated Code of Maryland.
(31)
“Third-party checker” means an individual responsible for the checking of waste, unloaded at the working face of an unlined rubble landfill, for unacceptable debris and materials and for reporting to the Approving Authority results of the inspections conducted.
(32)
“Transfer station” means a place or facility where waste materials are taken from one collection vehicle (for example, compactor trucks) and placed in another transportation unit (for example, over-the-road tractor-trailers, railroad gondola cars, barges or ships) for movement to other solid waste acceptance facilities. For the purposes of these regulations, collection points serving rural residential areas are not considered to be transfer stations, provided that solid waste is not transferred from a collection vehicle to another transportation unit. The movement or consolidation of a single generator's solid waste at the site of generation may not be considered to be a transfer station.

Regulation .03 General Restrictions and Specifically Prohibited Acts.Copy Citation

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:
(1)
Create a nuisance;
(2)
Be conducive to insect and rodent infestation or the harboring of wild dogs or other animals;
(3)
Pollute the air;
(4)
Cause a discharge of pollutants to waters of this State unless otherwise permitted under Environment Article, §7-232 or 9-323, Annotated Code of Maryland;
(5)
Impair the quality of the environment; or
(6)
Create other hazards to the public health, safety, or comfort as may be determined by the Approving Authority.
B.
Specific Prohibited Acts.
(1)
Operation of a System of Refuse Disposal for Public Use Without a Permit. A person may not:
(a)
Construct or operate a system of refuse disposal for public use without first obtaining a valid permit issued under these regulations, or a permit issued under Environment Article, §7-232 or 9-323, Annotated Code of Maryland;
(b)
Cause, suffer, allow, or permit the construction or operation of an unpermitted system of refuse disposal for public use on his or her property.
(2)
Operation of an Industrial Waste Acceptance Facility. A person who constructs or operates an industrial waste acceptance facility for private use is not required to obtain a permit, but shall comply with the regulations applicable to the construction, installation, and operation of solid waste acceptance facilities. Whenever the Department finds that a person has violated this regulation, the Department shall issue an order under Environment Article, §9-224, Annotated Code of Maryland. If the owner or operator elects to alter the method of waste disposal at his facility, he shall apply for a permit under Environment Article, §9-224, Annotated Code of Maryland, and submit the information required in Regulation .20A to the Department within 60 days.
(3)
Burning. Solid waste may not be burned at a solid waste acceptance facility except as permitted by the Approving Authority.
(4)
Operating an Open Dump. Solid waste may not be disposed of by any person in an open dump. A person may not cause, suffer, allow, or permit open dumping on his property.
(5)
Accepting Controlled Hazardous Substances. Waste regulated under COMAR 26.13.07 may not be accepted at a solid waste acceptance facility unless specifically authorized by a valid permit issued under COMAR 26.13.07.
(6)
Accepting Infectious Waste. Unless specifically authorized by the Approving Authority, infectious waste may not be accepted at any solid waste acceptance facility.
(7)
Scavenging or Salvaging. Scavenging or salvaging may not be conducted at any system of refuse disposal for public use except as specifically authorized by the Approving Authority. Scavenging or salvaging at a system for refuse disposal for public use is permitted provided that the following conditions are satisfied:
(a)
The operations manual for the site clearly describes the scavenging or salvaging process to be employed and the safety precautions to be followed;
(b)
Areas for scavenging or salvage are clearly designated and are separate from the working face of the fill; and
(c)
The Approving Authority determines that the scavenging or salvaging can be accomplished in a manner that does not endanger the public health or the environment.
(8)
Disposal of Liquid Wastes. Liquid wastes and wastes containing free liquids may only be disposed of at a solid waste acceptance facility that has been specifically authorized by the Department to handle those wastes. The presence of free liquids shall be determined by application of the free liquid test as specified in 47 FR 8311 (1982), which is incorporated by reference.
(9)
Explosive Gases. A facility may not be designed or operated in such a manner that the concentration of explosive gases generated by the facility exceeds 25 percent of the lower explosive limits for the gases in facility structures, excluding gas control or recovery system components, and the lower explosive limit for the gases at the property boundary.

Regulation .04 Sanitary Landfills — General.Copy Citation

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;
(2)
Land clearing debris landfills, Regulations .11 and .12 of this chapter;
(3)
Rubble landfills, Regulations .13—.18 of this chapter; and
(4)
Industrial waste landfills, Regulations .19 and .20 of this chapter.
B.
Renewal of Permits. Permits for municipal landfills issued under the Environment Article, §9-204, Annotated Code of Maryland, in accordance with the provisions of this regulation, are valid for a period of up to 5 years from the date of issue unless suspended or revoked by the Approving Authority. Permits are automatically renewed every 5 years upon written approval from the Approving Authority, provided that the permit holder is in compliance with Environment Article, §9-204, Annotated Code of Maryland.
C.
Exceptions. Permits issued under these regulations are not required for the following:
(1)
Land disposal areas for solid waste generated from single-family residences within the property limits of these residences when this disposal is not in violation of State or local laws.
(2)
Land disposal areas which are not part of a system of refuse disposal for public use.
(3)
Land disposal of agricultural waste on agricultural land.
(4)
Land disposal of overburden resulting from mining operations.
(5)
Filling operations which consist solely of the importation of clean earthen fill containing rock, concrete, non-refractory brick, and asphalt created as a result of construction excavation activities, mining, or regrading projects provided that:
(a)
If warranted, a county grading permit is obtained; and
(b)
The filling, grading, and site stabilization is carried out in accordance with the provisions of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.
(6)
Facilities or systems regulated by the Department under the State pretreatment program, hazardous waste management program, or other regulatory program under the Environment Article, Annotated Code of Maryland. These facilities are required to comply with those portions of the regulations dealing with the design, construction, and operation of industrial waste acceptance facilities.
(7)
The use of pozzolan, if the use is in accordance with Environment Article, §15-407, Annotated Code of Maryland, and COMAR 26.04.10.
(8)
The use of coal combustion byproducts, as defined in COMAR 26.04.10, if the use is in accordance with COMAR 26.04.10.

Regulation .05 Sanitary Landfills — Municipal Landfills — General.Copy Citation

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 describe the nature of the proposal.

Regulation .06 Sanitary Landfills — Municipal Landfills — Phase I Report.Copy Citation

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 map, which is an accurate depiction of the site at the time of application, at a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on-site buildings and structures, and pertinent surficial features including but not limited to:
(a)
Springs,
(b)
Seeps,
(c)
Streams,
(d)
Rock outcrops,
(e)
Sink holes,
(f)
Surface impoundments,
(g)
Water wells,
(h)
Forested areas, and
(i)
The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property;
(4)
Map which depicts the surrounding zoning and land use within 1/2 mile of the site boundaries;
(5)
Map showing the distribution of the soils at the site;
(6)
Narrative description of the soils at the site;
(7)
Map showing the geology at the site based on available data;
(8)
Narrative description of the geology at the site based on available data;
(9)
Description of the proposed activity including:
(a)
Type of facility;
(b)
Area served;
(c)
Capacity; and
(d)
Types of waste accepted.
C.
Phase I Report Review.
(1)
Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the following:
(a)
Chief executive officer or the governing body, or both, of a county or municipality in which the activity is proposed;
(b)
Local operating agency responsible for solid waste management;
(c)
Local health official;
(d)
Secretary, Department of Natural Resources;
(e)
Director, Water Resources Administration;
(f)
Director, Maryland Geologic Survey;
(g)
U.S. Geological Survey;
(h)
Federal Aviation Administration;
(i)
Appropriate Soil Conservation District;
(j)
U.S. Army Corp of Engineers; and
(k)
State Highway Administration.
(2)
A person receiving a copy of the application and supporting information shall be invited to inspect the proposed site and requested to submit comments to the Department within 20 days of receipt of the report.
(3)
The Department shall set a date, time, and place for a joint site inspection meeting with interested agencies and the applicant.
(4)
When practicable, within 60 days of receipt of a complete Phase I report, the Department shall:
(a)
Review the Phase I report for completeness. The Department shall notify the applicant that the Phase I report is complete.
(b)
Make a determination with respect to the site. If the Department determines that the site is not suitable for the intended use, the Department shall deny the application. The applicant shall be notified in writing by the Approving Authority, informed of the basis for the denial, and the appeal process. Otherwise the Approving Authority shall advise the applicant in writing of any limitations which the preliminary investigation revealed concerning the use of the site, and of any general recommendations. The applicant shall be advised to proceed with the preparation of a geologic report.
(5)
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.

Regulation .07 Sanitary Landfills — Municipal Landfills — Phase II Report.Copy Citation

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 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.
C.
The report shall include the following information in sufficient detail to permit a comprehensive review of the project:
(1)
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:
(a)
Surface waters and natural drainage features;
(b)
100-year flood plain;
(c)
Property lines;
(d)
On-site buildings and structures;
(e)
Forested and other vegetated areas; and
(f)
The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property.
(2)
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.
(3)
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.
(4)
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:
(a)
Water elevations measured or predicted during the month that represents the most:
(i)
Elevated ground water condition,
(ii)
Depressed ground water condition; and
(b)
The highest observed or predicted ground water elevations.
(5)
Geologic cross sections in sufficient detail, orientation, and number to clearly identify subsurface conditions at the site.
(6)
A bedrock map, except in the coastal plain outside the fall zone, to show the contours of the bedrock surface beneath the site.
(7)
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.
(8)
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.
(9)
A discussion of the potential for the vertical and horizontal movement of pollutants into the waters of this State.
(10)
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.
(11)
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.
(12)
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:
(a)
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:
(i)
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.
(ii)
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.
(iii)
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.
(iv)
Installed to cover all surrounding earth likely to be in contact with the waste or leachate.
(v)
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.
(b)
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:
(i)
Except as specified in §C(12)(b)(ii), of this regulation, the minimum buffer distance shall be 3 feet.
(ii)
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.
(c)
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:
(i)
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;
(ii)
Designed and operated to function without clogging; and
(iii)
Designed and operated to ensure that the leachate depth over the liner does not exceed 30 centimeters (1 foot).
D.
Phase II Plan Review.
(1)
Following receipt of the specified number of copies of the Phase II report, the Department shall distribute one copy to each of the following:
(a)
Secretary, Department of Natural Resources;
(b)
Director, Water Resources Administration;
(c)
Director, Maryland Geological Survey;
(d)
U.S. Geological Survey;
(e)
County Soil Conservation District;
(f)
Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed;
(g)
Local health official; and
(h)
Local operating agency responsible for solid waste management.
(2)
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.
(3)
The Approving Authority shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant.
(4)
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:
(a)
Sufficient information is available to proceed to the Phase III report; or
(b)
Revisions to the Phase II report are needed.
(5)
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.

Regulation .08 Sanitary Landfills — Municipal Landfills — Phase III Report.Copy Citation

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 the property boundaries, the actual area to be used for filling, and all existing and proposed structures.
(2)
A description of any vehicle weighing facilities, any telephones or other communications equipment, any maintenance and equipment storage facilities, any employee safety and sanitary facilities, and any water supply and sewerage systems. Any proposed on-site water supply and sewerage systems shall be approved by the Approving Authority.
(3)
The location and type of all existing or proposed on-site roads.
(4)
A description of the types of solid waste which will be accepted, the types of solid waste which may not be accepted, and the area and population which will be served by the facility.
(5)
The anticipated quantities of solid waste which will be accepted and the calculations used to determine the useful life of the facility.
(6)
Proposed methods of collecting and reporting data on the quantities and types of solid waste received and for revising facility life expectancy projections.
(7)
The volume and type of available cover material, the calculated volume of earth needed for daily, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as final cover.
(8)
Proposed means of controlling unauthorized access to the site.
(9)
Proposed operating procedures including:
(a)
Hours and days of operation;
(b)
Number and types of equipment to be used;
(c)
Number of employees and their duties;
(d)
Provisions for fire prevention and control;
(e)
Means of preventing public health hazards and nuisances from blowing paper, odors, rodents, vermin, noise, and dust; and
(f)
Proposed method of daily operation including wet weather operation.
(10)
The location and depth of solid waste cells and the sequence of filling.
(11)
Natural or artificial screening to be used.
(12)
Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the appropriate approving agency and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.
(13)
Proposed methods and engineering specifications for the collection, management, and disposal of leachate generated at the facility. The calculations used to determine the anticipated quantities of leachate which will be generated shall be included.
(14)
A contingency plan for preventing or abating the pollution of the waters of this State. At a minimum, the contingency plan shall address the following items:
(a)
Emergency provisions of potable water to users whose supply may be affected by the landfill;
(b)
A spill containment and prevention plan for any leachate collected or stored at the site; and
(c)
Emergency telephone numbers and contact persons for fires, medical emergencies, spills of hazardous materials, or other emergency situation.
(15)
Proposed methods for controlling landfill gas.
(16)
Proposed methods for covering and stabilizing completed areas.
(17)
A system for routinely monitoring the quality of the waters of this State around and beneath the site, including the location and types of monitoring stations, and the methods of construction of monitoring wells. Wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04.
(18)
A statement that “Burning of solid waste is not allowed, except as permitted by the Department of the Environment.”
(19)
A schedule for implementing construction and implementation of the operation plans and engineering specifications once the refuse disposal permit has been issued.
(20)
A landfill closure and post-closure plan to be followed over a period of not less than 5 years after application of final cover.
(21)
The name, address, and telephone number of the person or agency responsible for the maintenance and operation of the site. Changes to this information shall be submitted to the Approving Authority once effected.
C.
Other Requirements for Engineering Plans and Specifications.
(1)
Kinds of Plans. Plans shall be neatly and legibly drawn upon tracing cloth or other acceptable drafting medium so that copies may be obtained. Except when the originals are presented for preliminary judgment, the originals shall be kept by the party presenting the plans, and true copies, which may be white, blue, or black-line prints, offset prints, or photostats on a white background, shall be submitted to the Approving Authority. Plans may not be returned after submission unless revisions are necessary. When revisions are necessary the revisions shall be made on the original tracings and new prints submitted. Pencil, crayon, ink, typewritten or similar revisions, changes, or additions on prints, photostats, or other reproductions are not acceptable. Revisions or additions may not be made to prints previously or currently submitted to the Approving Authority. Plans specifically prepared for each installation shall be required.
(2)
Size of Plans. Drawings shall be 24 inches wide and 36 inches long.
(3)
Title of Plans. In the lower right-hand corner, or along the bottom border of each separate drawing, shall be placed a proper title containing the name of the county, municipality, company, institution, person, or persons for whom it is made, the name of the locality to which it refers, a proper description for a full understanding of the nature of the drawing, and the scale, date, and name of the engineer, architect, or surveyor preparing it. On each plan showing a locality or street layout, an arrow shall be placed, indicating the direction of North, and plans should be arranged, whenever practicable, so that North is toward the top or to the left of the sheet.
D.
Phase III — Plan Review.
(1)
Following receipt of complete plans and specifications, the Approving Authority shall distribute a copy to each of the interested agencies and set a date, time, and place for a joint plan review meeting with the Approving Authority and the applicant.
(2)
When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if:
(a)
Sufficient information is available to schedule a public hearing on the request for a permit; or
(b)
Revisions to the plans and specifications are needed.
(3)
If the permit is denied, the applicant shall be informed of the basis for the denial and the procedures for appeal of this determination.
(4)
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.

Regulation .09 Sanitary Landfills — Municipal Landfills — Other Requirements For Permits.Copy Citation

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, Annotated Code of Maryland, and the regulations adopted under these statutes.
B.
Deed Amendment. Before issuing a refuse disposal permit, the applicant shall submit proof that the deed pertaining to the site in question has been amended to stipulate, upon close-out of this operation, construction or excavation on this site may not begin without first obtaining written authorization from the Approving Authority.
C.
Bond. Before issuance of the permit, the applicant shall provide proof of the bonding as required by Environment Article, §9-211(c), Annotated Code of Maryland.
D.
Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:
(1)
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.
(2)
Proof that the facility is consistent with the approved county comprehensive solid waste management plan.
E.
Hydrogeologic Siting Criteria. As a general requirement, a landfill shall be located in a hydrologic setting which is compatible with land disposal of solid waste as determined by the Approving Authority. For sites which are deemed less suitable for landfill siting due to site specific features, the Approving Authority may impose more stringent design or operational constraints, or both, to compensate for the deficiencies. Compatibility criteria shall include, but are not limited to the following:
(1)
Hydraulic conductivity of the in-situ soils;
(2)
Thickness, quality and classification of the in-situ soils;
(3)
Depth to the water table and aquifer use within 1,000 feet of the landfill boundary;
(4)
Potential for subsurface migration of contaminants in rock fractures or highly permeable zones in bedrock or in in-situ soil overburden.
F.
Additional Monitoring Requirements. If the Department determines that contamination of waters of this State has occurred or is liable to occur as a result of operation of the landfill, the Approving Authority may require the permit holder to periodically collect and analyze ground water or surface water at the permitted site and to submit the results to the Approving Authority. The Approving Authority may furthermore specify the following:
(1)
Number and location of the sampling stations;
(2)
Frequency of the analyses;
(3)
Sampling and analyses procedures;
(4)
Pollutants to be monitored; and
(5)
Reporting period.

Regulation .10 Sanitary Landfills — Municipal Landfills — Minimum Operating Procedures.Copy Citation

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 and compacted to its smallest practicable volume before application of cover material.
C.
Solid Waste Lifts. A lift of solid waste may not exceed 8 feet in height except as specifically authorized by the Approving Authority.
D.
Daily Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over exposed solid waste by the end of each day's operation, or more frequently as may be determined by the Approving Authority. To meet approval, the cover material may not:
(1)
Contain free liquids, putrescibles, or toxic materials. Moisture which is present in the cover material solely as a result of precipitation is not free liquid.
(2)
Create a dust or odor problem.
(3)
Attract or harbor vectors.
(4)
Impede compaction with standard landfill equipment.
E.
Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each portion of a lift not later than 1 month following completion of that lift.
F.
Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that final lift.
G.
Grading and Drainage. The disposal site shall be graded and drained to:
(1)
Minimize runoff onto the fill area of the sanitary landfill;
(2)
Prevent erosion and ponding within the fill areas; and
(3)
Drain water from the surface of the sanitary landfill.
H.
Continuity of Operation. All-weather access roads shall be provided to the disposal site, and provisions shall be made for prompt equipment repair or replacement when needed. Substitute equipment shall be obtained when breakdown or maintenance renders normal operating equipment inoperative for a period in excess of 24 hours.
I.
Environmental Protection. The municipal landfill shall be operated to prevent air, land, or water pollution, public health hazards, or nuisances.
J.
Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the municipal landfill.
K.
Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation.
L.
Engineering Plans and Operations Manuals. A set of approved plans and specifications and operations manuals shall be at the disposal site at all times during the operation.
M.
Limited Access. Access to municipal landfills shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation.
N.
Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers, and windblown wastes shall be collected as necessary to prevent nuisance conditions. Collected wastes shall be disposed of in the working face.
O.
Fire Protection. Suitable measures to prevent and to control fires shall be provided.
P.
Noise Control. Operations at the site shall be conducted in a manner that conforms to the applicable provisions of COMAR 26.02.03.
Q.
Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the municipal landfill for each year the facility is in use. This report shall be submitted not later than 60 days following the date specified in the permit and shall include the:
(1)
Quantity of solid waste received each month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards.
(2)
Percentage of total capacity of the landfill used for emplacement of solid waste.
(3)
Projected date at which the landfill will reach capacity, and the premises upon which this determination is made.
R.
Other Requirements. The Approving Authority may impose other requirements considered necessary.

Regulation .11 Sanitary Landfills — Land Clearing Debris Landfills — General.Copy Citation

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 are subject to the permit requirements of Regulation .12 of this chapter.
B.
Acceptable Wastes. A land clearing debris landfill is restricted to accepting the following waste materials from land clearing operations:
(1)
Earthen material such as clays, sands, gravels, and silts;
(2)
Topsoil;
(3)
Tree stumps;
(4)
Root mats;
(5)
Brush and limbs;
(6)
Logs;
(7)
Vegetations; and
(8)
Rock.
C.
Minimum Operating Procedures.
(1)
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 landfill with the necessary equipment.
(2)
Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over all exposed biodegradable solid waste by the end of each third operating day, or as frequently as may be specified by the Approving Authority. An approved cover material may not:
(a)
Contain free liquids, putrescibles, or toxic materials. Moisture which is present in the cover material solely as a result of precipitation is not free liquid.
(b)
Create a dust or odor problem.
(c)
Attract or harbor vectors.
(d)
Impede compaction with standard landfill equipment.
(3)
Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each portion of a lift not later than 1 month following completion of that lift.
(4)
Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that final lift.
(5)
Grading and Drainage. The disposal site shall be graded and drained to:
(a)
Minimize runoff onto the fill area of the landfill;
(b)
Prevent erosion and ponding within the fill areas; and
(c)
Drain water from the surface of the landfill.
(6)
Environmental Protection. The facility shall be operated in a manner that prevents health hazards and minimizes nuisances. Discharges to air or waters of the State shall be limited to discharges allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operations shall be controlled at all times.
(7)
Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the landfill.
(8)
Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation.
(9)
Engineering Plans and Operations Manuals. A set of up-to-date plans and specifications, and operations manuals, shall be at the disposal site all times during the operation. The set of plans and specifications shall be approved by the Approving Authority if the disposal site is subject to the permit requirements under Regulation .04 of this chapter.
(10)
Limited Access. Access to the landfill shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation.
(11)
Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers. Windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions.

Regulation .12 Sanitary Landfills — Land Clearing Debris Landfills — Permit Requirements.Copy Citation

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 of the application, prepared to a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on site buildings and structures, and obvious surficial features including, but not limited to:
(a)
Springs;
(b)
Seeps;
(c)
Streams;
(d)
Rock outcrops;
(e)
Sink holes;
(f)
Surface impoundments;
(g)
Water wells;
(h)
100-year flood plain;
(i)
Forested and other vegetated areas; and
(j)
The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property.
(4)
A discussion of the geologic formations directly underlying and in close proximity to the site which shall include a review of their effect on the factors set forth in Regulation .03A of this chapter.
(5)
A map depicting the planned final grades of the site after completion of landfilling activities.
(6)
A discussion of the projected future use of the landfilled area.
(7)
A description of the types of solid waste which will be accepted, and a discussion as to how unacceptable wastes which are delivered to the site will be segregated and handled before final disposal.
(8)
The anticipated quantities of solid waste which will be accepted and the calculations used to determine the useful life of the facility.
(9)
The volume and type of available cover material, the calculated volume of earth needed for daily, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as top dressing.
(10)
Proposed means of controlling unauthorized access to the site.
(11)
Proposed operating procedures including:
(a)
Hours and days of operation;
(b)
Number and types of equipment to be used;
(c)
Number of employees and their duties;
(d)
Listing of qualifications that demonstrate employees can fulfill the duties submitted by the applicant as required in §A(11)(c) of this regulation;
(e)
Provisions for fire prevention and control;
(f)
Means of preventing public health hazards and nuisances from vermin, noise, dust, and odors; and
(g)
Proposed method of daily operation including wet weather operation.
(12)
The location and depth of solid waste cells and the sequence of filling.
(13)
Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the local soil conservation district or the appropriate approving authority, and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.
(14)
Proposed methods for covering and stabilizing completed areas.
(15)
Other information considered necessary by the Department to evaluate the adequacy of a site.
B.
Plan Review.
(1)
Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the persons or agencies specified in Regulation .06C(1)(a)—(g) and(i)—(k) of this chapter.
(2)
A person receiving a copy of the application and supporting information shall be requested by the Approving Authority to submit comments to the Approving Authority within 20 days of receipt of the application.
(3)
Following receipt of complete plans and specifications, the Approving Authority shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant.
(4)
When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if:
(a)
Sufficient information is available to schedule a public hearing on the request for a permit; or
(b)
Revisions to the plans and specifications are needed.
(5)
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.
C.
Public Hearing. Before issuing a refuse disposal permit for a sanitary landfill to accept land clearing debris, a public hearing shall be conducted in accordance with the provisions of Regulation .09A of this chapter.
D.
Deed Amendment and Bonding Requirement. Before issuance of a permit for a sanitary landfill for land clearing debris, the applicant shall submit proof:
(1)
That the deed pertaining to the site in question has been amended to stipulate, upon close-out of this operation, that construction on this site may not begin without first obtaining written authorization from the Approving Authority.
(2)
Of the bonding as required by Environment Article, §9-211(c), Annotated Code of Maryland.
E.
Consistency with the County Solid Waste Plan. Before issuance of the permit the applicant shall provide:
(1)
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;
(2)
Proof that the facility is consistent with the approved county comprehensive solid waste management plant.
F.
Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the landfill. This report shall be submitted not later than 60 days following the date specified in the permit and shall as a minimum include the:
(1)
Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards.
(2)
Percentage of total capacity of the landfill used for emplacement of solid waste.
(3)
Projected date at which the landfill will reach capacity, and the premises upon which this determination is made.
G.
Other Requirements. The Approving Authority may impose other requirements considered necessary to protect the public health and the environment, or to prevent nuisance conditions.

Regulation .13 Sanitary Landfills — Rubble Landfills — General.Copy Citation

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 specifically prohibited:
(1)
Land Clearing Debris. Land clearing debris as specified in Regulation .11B of this chapter.
(2)
Demolition Debris.
(a)
Acceptable demolition debris associated with the razing of buildings, roads, bridges, and other structures includes structural steel, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation material, cement, shingles and roofing material, floor and wall tile, asphalt, pipes and wires, and other items physically attached to the structure, including appliances if they have been or will be compacted to their smallest practical volume.
(b)
Unacceptable demolition debris includes industrial waste or byproducts, any waste materials contained within a structure or on the grounds of the structure being demolished that are not physically part of the structure, or which are comprised of or contain materials that pose an undue risk to public health or the environment.
(3)
Construction Debris.
(a)
Acceptable construction debris is structural building materials including cement, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation, shingles, floor, wall and ceiling tile, pipes, glass, wires, carpet, wallpaper, roofing, felt, or other structural fabrics. Paper or cardboard packaging, spacing, or building materials, provided that they do not exceed 10 percent by volume of the waste, may be accepted at the rubble landfill. Paint containers, caulk containers, or glaze containers are acceptable, provided that they are empty, and any residual material which is dried before acceptance at the rubble fill, and further provided that this waste category does not exceed 1 percent by volume of the waste accepted at the rubble landfill.
(b)
Unacceptable construction debris includes commercial, domestic, or industrial wastes or byproducts, paint, tar or tar containers, caulking compounds, glazing compounds, paint thinner or other solvents or their containers, creosote or other preservatives or their containers, tile, paneling, or carpet cement or other adhesives, and other solid waste which may contain an unacceptable waste or substance as may be determined by the approving authority to be unacceptable.
(4)
Tires. Scrap tires may be accepted at the facility and managed in accordance with the requirements of a scrap tire collection facility license issued under COMAR 26.04.08. Disposal of tires in a landfill is prohibited.
(5)
Asbestos Waste. Asbestos waste is acceptable provided that the material that is received is packaged and labeled as specified in COMAR 26.11.15.04, and is managed in the following manner:
(a)
Prior notification to the landfill supervisor is required;
(b)
The waste asbestos is unloaded carefully to prevent emission of fibers into the air;
(c)
The area used for burial of asbestos shall be restricted to the working face of the landfill, or a separate cell dedicated solely to asbestos disposal;
(d)
The waste shall be completely covered with earth or other refuse and may not be compacted or driven over until sufficient cover has been applied to prevent the release of asbestos fibers to the atmosphere during compaction or application of other cover material; and
(e)
Operators at the landfill shall wear respiratory protection approved by the National Institute for Occupational Safety and Health for protection against asbestos fibers, and protective clothing when considered necessary.
(6)
Household Appliances and White Goods. Household appliances and white goods are acceptable provided that any refrigerant is removed from the appliances before burial in the landfill and is managed in accordance with §608 of the Federal Clean Air Act (42 U.S.C. §7671g).
(7)
Processed Debris. Processed debris is acceptable only at a rubble landfill having a liner and leachate collection system constructed to the standards as specified in Regulation .16 of this chapter.
(8)
Other Waste Materials. Waste materials not specifically listed in this section may not be disposed of in a rubble landfill before receiving written approval of the Approving Authority.

Regulation .14 Sanitary Landfills — Rubble Landfills — Phase I.Copy Citation

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 shall distribute one copy to each of the persons specified in Regulation .06C(1)(a)—(g) and(i)—(k) of this chapter.
(2)
A person receiving a copy of the report shall be requested to submit comments to the Department within 20 days of receipt of the report.
(3)
The Department shall set a date, time, and place for a joint site inspection meeting with interested agencies and the applicant.
(4)
When practicable, within 60 days following the meeting in §B(3) of this regulation, the Approving Authority shall either deny the permit or determine if:
(a)
Sufficient information is available to proceed to the Phase II report;
(b)
Revisions to the Phase I report are needed.
(5)
If 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.

Regulation .15 Sanitary Landfills — Rubble Landfills — Phase II.Copy Citation

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 include the following information in sufficient detail to permit a comprehensive review of the project:
(1)
A topographic map which is an accurate depiction of the site at the time of the preparation of the Phase II Report using a contour interval which is practical for that site. The following items shall be shown on the map:
(a)
Surface waters and natural drainage features;
(b)
100-year flood plain;
(c)
Property lines;
(d)
On-site buildings and structures;
(e)
Forested and other vegetated areas; and
(f)
The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property.
(2)
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 ground water source, and the hydrogeologic relationship between the formations.
(3)
A survey of all production wells within 1/2 mile of the site boundary. Each well shall be located on the current topographic map and a table shall be developed which specifies all the available pertinent information such as well depth, screen type, productivity, lithology penetrated, and water level.
(4)
A minimum of three separate ground water contour maps superimposed on the current topographic map to represent the occurrence and direction of ground water flow beneath the site for a period of time not less than 12 months in duration. The three separate ground water contour maps 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 or near the site, from available historical sources of ground water information, or using a hydrologic simulation or predictive technique approved by the Department. One ground water contour map shall be constructed from a set of:
(a)
Water elevations measured or predicted during the month that best represents:
(i)
An elevated ground water condition,
(ii)
A depressed ground water condition;
(b)
The highest observed or predicted water elevations.
(5)
Geologic cross sections in sufficient detail, orientation, and number to clearly identify subsurface conditions at the site.
(6)
A bedrock contour map (except in the coastal plain outside the fall zone) to show the elevation of the bedrock surface beneath the site.
(7)
An isopachous map to show the thickness of soil and other unconsolidated sediments above the elevation of ground water as determined in §A(4) of this regulation, or bedrock as determined in §A(6) of this regulation, whichever is higher.
(8)
A discussion of the chemical quality of ground water in the aquifers beneath the site as determined in §A(2) of this regulation. The list of chemical parameters shall include:
(a)
pH;
(b)
Alkalinity;
(c)
Hardness;
(d)
Chloride;
(e)
Specific conductance;
(f)
Nitrate;
(g)
Chemical oxygen demand;
(h)
Arsenic;
(i)
Barium;
(j)
Cadmium;
(k)
Chromium;
(l)
Zinc;
(m)
Lead;
(n)
Mercury;
(o)
Volatile priority pollutants;
(p)
Other pollutants specified by the Department.
(9)
A discussion of the potential for the vertical and horizontal movement of pollutants into the waters of the State.
(10)
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.
(11)
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.
(12)
A preliminary conceptual design of the proposed rubble landfill based on the geotechnical information gathered in §A(1)—(11) of this regulation.
B.
Phase II—Plan Review.
(1)
Following receipt of the specified number of copies of the Phase II report, the Department shall distribute one copy to each of the following:
(a)
Secretary, Department of Natural Resources;
(b)
Director, Water Management Administration;
(c)
Director, Maryland Geological Survey;
(d)
U.S. Geological Survey;
(e)
County Soil Conservation District;
(f)
Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed;
(g)
Local health official; and
(h)
Local operating agency responsible for solid waste management.
(2)
A person receiving a copy of the Phase II report shall be requested to submit any comments to the Department within 30 days of receipt of the report.
(3)
The Department shall set a date, time, and place for a joint plan review meeting with interested agencies and the applicant.
(4)
When practicable, within 60 days following this meeting, the Approving Authority shall either deny the permit or determine if:
(a)
Sufficient information is available to proceed to the Phase III report; or
(b)
Revisions to the Phase II report are needed.
(5)
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.

Regulation .16 Sanitary Landfills — Rubble Landfills — Phase III.Copy Citation

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 the property boundaries, the actual area to be used for filling, and existing and proposed structures and on-site roads.
(2)
A description of any vehicle weighing facilities, communications (telephones, radios), maintenance and equipment storage facilities, and water supply and sewerage systems. On-site water supply and sewerage systems shall be approved by the Approving Authority.
(3)
A description of the:
(a)
Types of solid waste:
(i)
To be accepted,
(ii)
Not to be accepted;
(b)
Area and population to be served by the facility.
(4)
The anticipated quantities of solid waste to be accepted and the calculations used to determine the useful life of the facility.
(5)
Proposed methods of collecting and reporting data on the quantities and types of solid waste received and for revising facility life expectancy projections.
(6)
The volume and type of available cover material, the calculated volume of earth needed for periodic, intermediate, and final cover, the location of earth stockpiles, and provisions for saving topsoil for use as final cover.
(7)
Proposed means of controlling unauthorized access to the site.
(8)
Proposed operating procedures including:
(a)
Hours and days of operation;
(b)
Number and types of equipment to be used;
(c)
Number of employees and their duties;
(d)
Provisions for fire prevention and control;
(e)
Means of preventing public health hazards and nuisances from blowing paper, odors, rodents, vermin, noise, and dust; and
(f)
Proposed method of daily operation including wet weather operation.
(9)
The location and depth of solid waste cells and the sequence of filling.
(10)
Natural or artificial screening to be used.
(11)
Methods of controlling on-site drainage, drainage leaving the site, and drainage onto the site from adjoining areas. Erosion and sediment control provisions shall be approved by the local soil conservation district and satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.
(12)
A contingency plan for preventing or mitigating the pollution of the waters of this State.
(13)
Proposed methods for covering and stabilizing completed areas.
(14)
A system for monitoring the quality of the waters of the State around and beneath the site, including the location and types of monitoring stations, and the methods of construction of monitoring wells. Wells shall be installed by a State licensed well driller in accordance with COMAR 26.04.04.
(15)
If the Department determines that contamination of waters of the State has occurred or is liable to occur as a result of operation of the landfill, the Approving Authority may:
(a)
Require the permit holder to periodically collect and analyze ground water or surface waters at the permitted site and to submit the results to the Approving Authority;
(b)
Specify the number and location of the sampling stations, the frequency of the analyses, the sampling and analyses procedures, the pollutants to be monitored, and the reporting period.
(16)
A schedule for implementing construction and implementation of the operation plans and engineering specifications once the refuse disposal permit has been issued.
(17)
A landfill closure and post-closure plan to be followed over a period of not less than 5 years after application of final cover.
(18)
The name, address, and telephone number of the person or agency responsible for the maintenance and operation of the site. Changes to this information shall be submitted to the Approving Authority once effected.
(19)
An engineered design, as described in §C of this regulation, for a liner system and leachate collection system for the proposed rubble landfill based upon geotechnical information developed in Regulations .14 and .15 of this chapter.
(20)
A proposed method, engineering specifications, and plans for the collection, management, treatment, and disposal of leachate generated at the facility, including the calculations used to determine the estimated quantities of leachate to be generated, managed, stored, treated, and disposed.
B.
Phase III—Plan Review. The plan review shall be conducted in accordance with the provisions of Regulation .08D of this chapter.
C.
Liner and Leachate Collection System.
(1)
The design of the liner and leachate collection system shall comply with the minimum requirements of this section.
(2)
A liner system shall be designed, constructed, and installed to contain and facilitate the collection of leachate generated in the landfill in order to prevent the migration of pollutants out of the landfill to the adjacent subsurface soil, ground water, or surface water. A liner may be constructed of natural earthen materials excavated from the site or imported from another location. A liner may also be constructed of a synthetic or manufactured membrane material.
(3)
A liner system shall:
(a)
Be constructed of materials having sufficient strength and thickness to prevent failure from pressure gradients, physical contact with waste or leachate, climatic conditions, installation, or daily landfilling operation;
(b)
Include a liner constructed with a minimum thickness of 1 foot of clay or other natural material having an in-place permeability of less than or equal to 1 × 10-7 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 × 10-10 centimeters/second;
(c)
Include a liner installed over a prepared subbase, free of objects which could damage the liner material, with a minimum thickness of 2 feet and having a permeability less than or equal to 1 × 10-5 centimeters/second;
(d)
Be installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(e)
Be constructed with a minimum slope of 2 percent to facilitate the movement of leachate towards the leachate collection system and to prevent the ponding of leachate on the landfill floor.
(4)
Under §C(3)(c) of this regulation, the subbase shall be constructed to support the liner and be resistant to pressure gradients above and below the liner in order to prevent failure of the liner due to settlement, compression, uplift, puncturing, tearing, cutting, or landfilling operations.
(5)
Upon completion of the installation and testing, the liner and leachate collection system shall be covered with a minimum of 2 feet of sized gravel or other highly permeable material to provide for the free passage of leachate to the liner and to serve as a protective layer for the liner and leachate collection systems.
(6)
A liner system shall be located entirely above the composite high ground water elevation as determined in Regulation .15A(4) of this chapter, and the elevation of bedrock as determined in Regulation .15A(6) of this chapter. A minimum vertical buffer distance shall be required between the bedrock elevation or the maximum expected ground water elevation, whichever is higher, and the bottom of the liner system including the subbase as specified in this regulation, as follows:
(a)
Except as specified in §C(6)(b) of this regulation, the minimum vertical buffer distance shall be 3 feet;
(b)
In Queen Anne's, Talbot, Caroline, Dorchester, Wicomico, Somerset, and Worcester counties, the minimum vertical buffer distance shall be 1.5 feet unless otherwise specified by the Approving Authority, which shall establish a minimum vertical buffer distance of 1.5 to 3.0 feet.
(7)
An engineered leachate collection and removal system, located immediately above the liner, shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill. The leachate collection and removal system shall be:
(a)
Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated;
(b)
Of sufficient strength and thickness to prevent collapse or failure from loadings applied by overlying wastes, waste cover materials, and equipment used for landfilling operations;
(c)
Designed and operated to function without clogging;
(d)
Designed and operated to ensure that the depth of leachate over the liner does not exceed 30 centimeters (1 foot); and
(e)
Designed to operate solely by the force of gravity in all areas where the system will directly underlie solid waste.

Regulation .17 Sanitary Landfills — Rubble Landfills — Other Requirements.Copy Citation

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, Annotated Code of Maryland, shall have been completed.
C.
Reporting Requirements.
(1)
An annual written report shall be submitted by the permittee to the Approving Authority concerning the status of a sanitary landfill restricted to accepting rubble for each year the facility is in use. This report shall be submitted not later than 60 days following the date specified in the permit and shall include the:
(a)
Quantity of solid waste, stated in tons and in-place cubic yards, received per month for each month of the calendar year being reported;
(b)
Percentage of total capacity of the landfill used for emplacement of solid waste;
(c)
Projected date the landfill will reach capacity and the basis upon which the determination was made; and
(d)
Type and quantity of materials, given in tons for each type of material, recycled at the facility per month for each month of the calendar year being reported, if scavenging or processing of materials is authorized by the permit.
(2)
The permittee is required to periodically report to the Department, at a frequency established by the Approving Authority, the results of ground and surface water samples collected on the permitted site and the volumes and chemical characteristics of leachate or other contaminated liquid collected from the landfill.
D.
Other Requirements.
(1)
New rubble landfills or waste cells of existing rubble landfills constructed after September 22, 1997, shall comply with the requirements in Regulation .16 of this chapter. This requirement shall be applicable to vertical expansion of existing landfilled areas filled before the referenced date.
(2)
Rubble landfills accepting waste before September 22, 1997, shall submit to the Approving Authority, within 120 days of the effective date, a schedule for the installation of a liner and leachate collection system to comply with the requirements of Regulation .16 of this chapter for the existing landfill. The schedule shall be subject to approval by the Approving Authority. Rubble landfills accepting waste as of the effective date of this regulation shall meet the requirements of the regulation by July 1, 2001, or cease operations and begin closure of the landfill.
(3)
Changes or modifications to approved plans or specifications required by the Department made to comply with the requirements of §D(1) and (2) of this regulation shall be submitted to the Approving Authority in accordance with a schedule approved by the Department.
(4)
The Department may impose other requirements considered necessary.

Regulation .18 Sanitary Landfills — Rubble Landfills — Minimum Operating Procedures.Copy Citation

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 the protective layer before compaction to minimize the risk of damage to the liner and the leachate collection systems.
C.
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 rubble landfill with available equipment, except when containers or other special facilities are provided for the unloading of rubble waste from passenger vehicles.
D.
Spreading and Compaction. Solid waste shall be spread in uniform layers and compacted to its smallest practical volume before application of cover material.
E.
Solid Waste Lifts. A lift of solid waste may not exceed 8 feet in height except as specifically authorized by the Approving Authority.
F.
Periodic Cover Material. A uniform compacted layer of clean earth at least 6 inches in depth, or an approved cover material of a thickness specified by the Approving Authority, shall be placed over all exposed rubble waste by the end of the third day's operation, or more frequently as may be determined by the Approving Authority. An approved cover material may not:
(1)
Contain free liquids, putrescibles, or toxic materials. Moisture present in the cover material solely as a result of precipitation is not free liquid.
(2)
Create a dust or odor problem.
(3)
Attract or harbor vectors.
(4)
Impede compaction with standard landfill equipment.
G.
Intermediate Cover Material. Weather permitting, a uniform compacted layer of clean earth not less than 1 foot in depth shall be placed over each lift not later than 1 month following completion of that lift.
H.
Final Cover Material. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift not later than 90 days following completion of that lift.
I.
Grading and Drainage. The disposal site shall be graded and drained to:
(1)
Minimize runoff onto the fill area of the rubble landfill;
(2)
Prevent erosion and ponding within the fill areas; and
(3)
Drain water from the surface of the rubble landfill.
J.
Continuity of Operation. All-weather access roads shall be provided to the disposal site at public rubble fills.
K.
Environmental Protection. The rubble landfill shall be operated to prevent air, land, or water pollution, public health hazards, or nuisances.
L.
Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the rubble landfill. Provisions shall be made for prompt equipment repair or replacement when needed.
M.
Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during operation.
N.
Engineering Plans and Operations Manual. A set of current plans and specifications and an operations manual shall be at the disposal site at all times during operation. For public facilities, these plans, specifications, and operations manuals shall be approved by the Approving Authority.
O.
Limited Access. Access to rubble landfills shall be controlled at all times, and entrances shall be adequately secured when the site is not in operation.
P.
Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers and windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions.
Q.
Fire Protection. Suitable measures to prevent and to control fires shall be provided.
R.
Burning. There may be no burning of solid waste except as permitted by the Department or, when applicable, by the local approving authority.
S.
Water and Sewage Systems. On-site water supply or sewage systems shall be approved by the Approving Authority.
T.
Required Inspection of Waste.
(1)
The permittee is responsible for complying with this section, within 120 days of the effective date of the section, unless otherwise specified by the Approving Authority.
(2)
Waste unloaded at the working face of an unlined rubble landfill shall be inspected before burial for unacceptable wastes by a third-party checker in accordance with an inspection protocol approved by the Approving Authority.
(3)
Upon finding an unacceptable waste, the third-party checker shall report the incident to the Approving Authority by telephone within 1 working day and submit a written report to the Department detailing the incident within 5 calendar days. The written report at a minimum shall contain the date and time of detection, the type of material identified, the identity of the hauler of the waste load, the actions taken to remove the waste from the fill area, and how the waste was disposed of.
(4)
The unacceptable material identified by the third-party checker shall be removed from the fill area and properly contained and disposed of.
(5)
The permittee is responsible for any costs associated with the inspection requirements under this section.
U.
Recycling. If authorized by the permit, the permittee may salvage for the purpose of recycling materials from the waste stream in accordance with Regulation .03B(7) of this chapter.

Regulation .19 Sanitary Landfills — Industrial Waste Landfills — General.Copy Citation

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 nonhazardous industrial solid wastes. The criteria for determining if a waste is a hazardous waste is contained in COMAR 26.13.02.
C.
Design Requirements.
(1)
Industrial nonhazardous solid waste landfills shall be designed to prevent ground and surface water pollution. A discharge to surface waters other than uncontaminated storm water run-off shall be in accordance with a State and NPDES discharge permit issued by the Department under the Environment Article, §9-323, Annotated Code of Maryland, and COMAR 26.08.04.01.
(2)
Wastes which are to be landfilled may not result in pollution of ground water. Nonhazardous industrial solid waste may only be landfilled in a facility which possesses a functional liner and leachate collection system as specified in Regulation .07C(12) of this chapter, unless the Department specifically waives this requirement.
D.
Minimum Site Criteria. Sites constructed after the effective date of these regulations that are used for the landfilling of nonhazardous industrial solid waste shall satisfy the following minimum site criteria:
(1)
The site shall be located outside of the 100-year flood plain, or shall be adequately flood protected to prevent inundation or loss of landfilled materials.
(2)
The site may not be located in tidal, nontidal, or upland wetlands.
(3)
The bottom elevation of the landfill cell floor shall comply with the ground water buffer distances as specified in Regulation .07C(12)(b) of this chapter.
(4)
The site shall be constructed in areas whose soils naturally retard potential for subsurface migration of contaminants away from the containment site. The site may not be constructed in an area of highly permeable zones in bedrock or soil overburden.
(5)
Due to the constituents of a particular industrial waste, the Department may require additional material testing to determine its suitability for landfilling.
E.
Minimum Operating Procedures.
(1)
Unloading. Solid waste unloading shall be restricted to the working face of the landfill.
(2)
Solid waste shall be spread in uniform layers and compacted to its smallest practicable volume.
(3)
If considered appropriate by the Department, a uniform layer of clean earth at least 6 inches in depth, or an alternate cover material approved by the Department, shall be placed over exposed solid waste. The frequency of the cover application shall be specified by the Department.
(4)
If the landfill is developed in lifts, the Department shall specify maximum lift heights and intermediate cover requirements.
(5)
Final Cover. A uniform compacted layer of earthen material not less than 2 feet in depth shall be placed over the final lift of the filled landfill not later than 90 days following completion of fill activities.
(6)
Grading and Drainage. The disposal site shall be graded and drained
(a)
Minimize runoff onto the fill area of the landfill;
(b)
Prevent erosion and ponding within the fill areas; and
(c)
Drain water from the surface of the landfill.
(7)
Environmental Protection. The landfill shall be operated to prevent air, land, water pollution, public health hazards, or nuisances.
(8)
Personnel and Equipment. Adequate personnel and equipment shall be maintained at all times to insure proper operation and prompt attention to correct problems associated with the construction and maintenance of the landfill.
(9)
Supervision. The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation of the disposal site.
(10)
Engineering Plans and Operations Manual. A set of approved plans and specifications and operations manuals shall be at the disposal site at all times during the operation of the disposal site.
(11)
Limited Access. Access to the landfill shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation.
(12)
Litter Control. Scattering of solid wastes by wind shall be controlled by fencing or other barriers, and windblown wastes shall be collected and disposed of in the working face as necessary to prevent nuisance conditions.

Regulation .20 Sanitary Landfills — Industrial Landfills — Permit Requirements.Copy Citation

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, including flow diagrams, of the processes generating the wastes, including raw materials, intermediate by-products, final products, and waste streams.
(4)
A topographic map which is an accurate depiction of the site at the time the application is filed, prepared to a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on-site buildings and structures, and obvious surficial features, including but not limited to:
(a)
Springs and seeps;
(b)
Streams, whether intermittent or perennial;
(c)
Rock outcrops;
(d)
Sink holes;
(e)
Surface impoundments;
(f)
Wells;
(g)
100-year flood plain;
(h)
Forested or other vegetated areas; and
(i)
The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property.
(5)
A discussion of the geologic formations directly underlying and in close proximity to the site.
(6)
A map or drawing depicting the final grades of the site after completion of landfilling activities.
(7)
A discussion of the projected future use of the landfilled area.
(8)
The volume and type of available cover material, if appropriate, for the material being landfilled.
(9)
Means of controlling access to the landfill.
(10)
Proposed operating procedures including:
(a)
Hours of operation;
(b)
Necessary equipment to handle wastes delivered to the site;
(c)
Contingency plans for fire or other emergencies; and
(d)
Procedures to be followed upon delivery of wastes.
(11)
Methods of controlling runoff or run-on to the site. Any erosion and sediment control provisions shall satisfy the requirements of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.
(12)
Proposed methods of covering and stabilizing completed areas.
(13)
A description of the design features and systems intended to protect ground water from leachate which is generated by landfilled wastes.
(14)
If appropriate, a discussion as to how leachate will be collected, removed from the landfill, and ultimately disposed of.
(15)
Ground water elevation data from the area and a prediction of the maximum expected ground water elevation at the site of the landfill. An explanation shall be provided as to how the ground water elevation estimates were derived.
(16)
Geologic cross sections of the site in sufficient detail and orientation to clearly identify subsurface conditions.
(17)
Background ground water quality data for the following:
(a)
pH;
(b)
Alkalinity;
(c)
Hardness;
(d)
Chloride;
(e)
Specific conductance;
(f)
Nitrates;
(g)
Nickel;
(h)
Sulfates;
(i)
Copper;
(j)
Fluoride;
(k)
Arsenic;
(l)
Barium;
(m)
Cadmium;
(n)
Chromium;
(o)
Lead;
(p)
Zinc;
(q)
Chemical oxygen demand;
(r)
Mercury.
(18)
For a particular industrial waste landfill, the Department may specify additional parameters for background ground water analysis.
(19)
Test boring logs, well completion reports, piezometric measurements, chemical or physical soil analyses, or both, and accompanying geotechnical analyses.
(20)
A preliminary conceptual design of the proposed landfill.
(21)
Other information required by the Department.
B.
Plan Review.
(1)
Following receipt of the specified number of copies of the required information, the Department shall forward one copy to the:
(a)
Chief executive officer or the governing body, or both, of the county or municipality in which the activity is proposed;
(b)
Local health official; and
(c)
Local agency responsible for solid waste management.
(2)
A person receiving a copy of the application and supporting information shall be requested to submit comments to the Department within 20 days of receipt of the application.
C.
Public Meeting. The Department reserves the right to conduct a public informational meeting which shall be advertised once per week for 2 successive weeks in a newspaper of general circulation in the affected area. Copies of the notice shall be distributed in the same manner as the application.
D.
Other Requirements.
(1)
Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the landfill. This report shall be submitted not later than 60 days following the date specified in the permit and shall at a minimum include the:
(a)
Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons and in-place cubic yards.
(b)
Percentage of total capacity of the landfill used for emplacement of solid waste.
(c)
Projected date at which the landfill will reach capacity, and the premises upon which this determination is made.
(2)
The Department may require the permit holder to periodically collect and analyze ground and surface water samples at the permitted site and to report the results to the Department. The Department may furthermore specify the:
(a)
Number and location of the sampling points;
(b)
Frequency of the analyses;
(c)
Analytical procedures;
(d)
Materials to be monitored;
(e)
Frequency of reporting.
(3)
The Approving Authority may impose other requirements considered necessary to protect the public health and the environment, or to prevent nuisance conditions.

Regulation .21 Sanitary Landfill — Closure.Copy Citation

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 the site. The closure cap may be constructed of natural materials found either on the site or imported from an off-site location. Elements of the closure cap may also be constructed of a synthetic or manufactured membrane material.
C.
Closure Schedule. Unless the Department approves an alternate schedule for closure of a landfill, closure activities shall begin not later than 24 months from the date of completion of the final lift of the landfill, and shall be completed not later than 36 months from the date of completion of the final lift of the landfill.
D.
Alternatives. The Department shall consider alternative proposals for landfill closure based upon an engineering analysis of the site. Proposals may involve surcharging the final cover to induce settlement, liquid addition, or other techniques intended to better stabilize the site before installation of the landfill cap.
E.
Municipal Landfills. Municipal landfills shall install a closure cap which includes the following minimum design features:
(1)
A low permeability cap shall be emplaced over the final cover. The cap material may consist of synthetic material with a minimum thickness of 20 mil and a maximum permeability of 1 × 10-10th centimeters/second, or a minimum of 1 foot of clay or other natural fine-grained material having an in-place permeability less than or equal to 1 × 10-5th centimeters/second. The cap shall be installed with a minimum slope of 4 percent to facilitate drainage of percolate.
(2)
A drainage layer with a minimum thickness of 6 inches shall be emplaced immediately above the low permeability cap. Acceptable drainage layer material shall include clean sand or other natural coarse grained material with an in-place permeability greater than 1 × 10-3rd centimeters/second. The drainage layer shall be free of materials which may puncture or otherwise jeopardize the integrity of the low permeability cap. Commercially available filter fabrics, when used in conjunction with synthetic drainage blankets, may serve instead of the fine material, provided that the Department reviews and approves the selected materials and design configuration.
(3)
Final earthen cover shall be placed over the drainage layer. Minimum cover thickness shall be 2 feet. Minimum cover slope shall be 4 percent to facilitate surface drainage from the site. The cover material shall contain sufficient organic material and nutrients to sustain a vegetative cover over time. Topsoil, or topsoil created using sewage sludge, and less select soils as authorized by COMAR 26.04.06, shall constitute acceptable final cover.
(4)
Vegetative Stabilization. Within 30 days after the final earthen cover has been installed, the area shall be vegetatively stabilized using a perennial cover species as recommended by the county soil conservation district. Sufficient lime and commercial fertilizer, or sewage sludge as authorized by a permit issued under COMAR 26.04.06, shall be applied to the site to sustain vegetative growth. If the final cover is installed at a time which precludes seeding, the site shall be tacked and mulched in accordance with accepted sediment and erosion control specifications until the next available seeding window, at which time the site shall be vegetatively stabilized.
(5)
Gas Venting. The closure cap on the municipal landfill shall include provision for venting of any gases which may form during the landfill stabilization process. Gas shall be vented to the atmosphere or collected for flaring or reuse. The concentration of methane (CH4) may not exceed:
(a)
25 percent of the lower explosive limit for the gases in facility structures, excluding gas control or recovery system components; and
(b)
The lower explosive limit for the gases at the property boundary.
F.
Land Clearing Debris Landfills. Land clearing debris landfills as specified in Regulation .11 of this chapter, shall satisfy the following closure cap requirements:
(1)
Final earthen cover as specified in §E(3) of this regulation; and
(2)
Vegetative stabilization as specified in §E(4) of this regulation.
G.
Rubble Landfills. Rubble landfills as specified in Regulation .13 of this chapter, shall satisfy the following closure cap requirements:
(1)
A low permeability cap as specified in §E(1) of this regulation;
(2)
A drainage layer as specified in §E(2) of this regulation;
(3)
Final earthen cover as specified in §E(3) of this regulation; and
(4)
Vegetative stabilization as specified in §E(4) of this regulation.
H.
Industrial Waste Landfills. Industrial waste landfills as specified in Regulation .19 of this chapter, shall satisfy the following closure cap requirements:
(1)
A low permeability cap as specified in §E(1) of this regulation;
(2)
A drainage layer as specified in §E(2) of this regulation;
(3)
Final earthen cover as specified in §E(3) of this regulation; and
(4)
Vegetative stabilization as specified in §E(4) of this regulation.

Regulation .22 Sanitary Landfills — Post-Closure Monitoring and Maintenance.Copy Citation

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 closed landfill shall be inspected at least twice per year by the permit holder or the permit holder's authorized representative. The inspection shall include:
(1)
Observation of the cover at the landfill;
(2)
Notation of any drainage irregularities or signs of erosion of the cover;
(3)
Notation of any surface expressions of leachate at the landfill; and
(4)
Checking the status of the monitoring wells.
C.
Maintenance. Irregularities or problems noted during the inspections shall be corrected within 30 days of their observance unless otherwise directed by the Department.
D.
Reporting and Record Keeping. For permitted facilities the results of inspections shall be recorded and reported to the Department within 60 days of the inspection. For facilities not required to obtain a permit, the results of inspections shall be maintained for a period of 5 years following closure.

Regulation .23 Processing Facilities.Copy Citation

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 private use located at schools, apartment houses, industries, hospitals, commercial establishments, individual residences, farms, and similar locations.
B.
Application for Permit.
(1)
Requirement for Application. An application for a permit under the provisions of §A(1) of this regulation, shall be submitted to the Approving Authority. The application shall consist of a letter briefly describing the project for which approval is requested. If there is any reason for summary disapproval of the proposed project, the applicant shall be so notified in writing and advised on the proper appeal procedures. When practicable, within 60 days of receipt of a complete application, the applicant shall be:
(a)
Informed of any additional information which the Approving Authority may require; or
(b)
Advised to proceed with the preparation of engineering plans and specifications.
(2)
Engineering Plans and Specifications. Eight 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. The information contained in these plans and reports shall include:
(a)
A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility;
(b)
Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas;
(c)
A site plan designating the property boundaries and existing and proposed structures and roads;
(d)
A descriptive statement of processes to be used;
(e)
A description of:
(i)
Major items of equipment including manufacturer, type, model, capacity, and number of units;
(ii)
Types and anticipated quantities of solid waste to be accepted;
(iii)
Types of solid waste not to be accepted;
(iv)
Areas of population to be served by the facility;
(v)
Measures to be taken to prevent or control ground or surface water pollution, explosions, and odors;
(vi)
Methods of treating and disposing of liquid waste resulting from the operation;
(vii)
Employee safety and sanitary facilities including the location of on-site sewage disposal systems;
(f)
An operational and maintenance manual which identifies the operation in detail, including:
(i)
Periodic cleaning and maintenance;
(ii)
The manner in which unacceptable wastes which may be delivered to the processing facility will be identified, segregated, and handled before final disposal; and
(iii)
Other contingency plans.
C.
Application Review. The applications submitted shall be distributed as specified in Regulation .06C(1)(a)—(g), (j), and (k) of this chapter. A person receiving an application shall be asked to submit any comments within 30 days of receipt of the application.
D.
General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for a processing facility:
(1)
Buildings.
(a)
With the exception of the operations listed in §D(1)(b), of this regulation, processing activities involving the unloading, separation, reduction, or alteration shall be conducted in an enclosed building.
(b)
The following activities may be conducted outdoors in areas and in a manner approved by the Department:
(i)
Composting or co-composting;
(ii)
Separation or storage, or both, of white goods;
(iii)
Tire storage or processing; and
(iv)
Other activities authorized by the Approving Authority.
(2)
Location. Location of the facility shall be adjacent to access roads which are:
(a)
Paved or surfaced; and
(b)
Provided with a base capable of withstanding anticipated load limits.
(3)
Access Roads. An all-weather access road negotiable by loaded collection vehicles or other vehicle transportation shall be provided from the entrance gate of the facility to loading and unloading areas.
(4)
Environmental Protection. The facility shall be operated in a manner which prevents air, land, or water pollution, public health hazards, or nuisances. Dust resulting from the operation shall be controlled at all times. All solid waste shall be confined to the unloading area. Solid waste may not be stored or otherwise deposited adjacent to the facility except in approved containers.
(5)
Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience.
(6)
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 stand-by equipment, extension of operating hours, or diversion of solid waste to other facilities.
(7)
Cleanliness and Sanitation.
(a)
Facilities shall be maintained in a clean and sanitary condition.
(b)
Plumbing shall be properly maintained and floors shall be well drained and free from standing water.
(c)
Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.
(d)
Solid waste not actually being processed shall be confined to the unloading area.
(e)
Accumulations of solid waste shall be controlled in a manner as to minimize odors and nuisances and to prevent infestation by insects, rodents, or other vectors.
(8)
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.
(9)
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.
(10)
Equipment. Macerators, hammer mills, and grinders shall be cleanable and shall be equipped with drains which connect to a sanitary sewer system or equivalent.
(11)
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.
E.
Requirements for Composting Plants. The following are additional requirements for composting plants:
(1)
Residue. The product resulting from composting operations and offered for sale or distribution shall be non-pathogenic, free of offensive odors, biologically and chemically stable, and free of injurious components or particles.
(2)
Cleanliness and Sanitation. Solid waste intended for composting shall be maintained in a condition free of insects, rodents, and offensive odors before, during, and after the composting operation. The plant shall be maintained in a clean and sanitary condition. Insects, rodents, or other vectors shall be controlled by appropriate measures.
F.
Periodic Reports to Approving Authority.
(1)
An annual written report shall be submitted to the Approving Authority concerning the status of the processing facility for each year the facility is in use. This report shall be submitted as specified in the permit and shall include the:
(a)
Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons.
(b)
Quantities and disposition of processed material and residues from processing facilities.
(2)
The Approving Authority may impose other reporting requirements considered necessary.
G.
Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:
(1)
A statement from the appropriate local government 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.
(2)
Proof that the facility is consistent with the approved county comprehensive solid waste management plan.

Regulation .24 Transfer Stations.Copy Citation

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 briefly describing the project for which approval is requested. If there is any reason for summary disapproval of the proposed project, the applicant shall be notified in writing and advised of the proper procedures of appeal. When practicable, within 60 days of receipt of the complete application, the applicant shall be informed of any additional information which the Approving Authority may require, or advised to proceed with the preparation of engineering plans and specifications.
(2)
Engineering Plans and Specifications. Eight 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. The information contained in these plans and report shall include:
(a)
A map showing the specific location land use and zoning within 1/4 mile of the boundaries of the proposed facility;
(b)
Drawings of buildings and other structures showing type of construction, layout, and dimensions for unloading, storage, and processing areas;
(c)
A site plan designating the property boundaries and all existing and proposed structures and roads;
(d)
A descriptive statement of processes to be used;
(e)
A description of:
(i)
Major items of equipment, including manufacturer, type, model, capacity, and number of units;
(ii)
Types and anticipated quantities of solid waste to be accepted;
(iii)
Types of solid waste not to be accepted;
(iv)
Area and population to be served by the facility;
(v)
Measures to be taken to prevent or control odors, explosions, and ground or surface water pollution;
(vi)
Methods of treating or disposing of liquid waste resulting from the operation;
(vii)
Employee safety and sanitary facilities;
(viii)
Manner in which unacceptable wastes which may be delivered to the transfer station will be identified, segregated, and handled before final disposal;
(f)
An operations and maintenance manual which identifies the operation in detail, including periodic cleaning, maintenance, and all contingencies.
C.
Application Review. An application received under this section shall be distributed as specified in Regulation .06C(1)(a)—(g), (j), and (k) of this chapter. A person receiving an application shall be requested to submit any comments within 30 days of receipt of the applications.
D.
General Requirements and Operating Procedures.
(1)
General. The following are established as minimum requirements and operating procedures for transfer stations:
(a)
Buildings. Activities pertinent to the transferring of solid waste involving the use of hydraulic, pneumatic, or mechanical equipment shall be conducted in an enclosed building or other area approved by the Department.
(b)
Location. Location of the facility shall be adjacent to access roads which are:
(i)
Paved or surfaced; and
(ii)
Provided with a base capable of withstanding anticipated load limits.
(c)
Access Roads. An all-weather access road negotiable by loaded collection vehicles or other vehicles shall be provided from the entrance gate of the facility to loading and unloading areas.
(d)
Environmental Protection. The facility shall be operated in a manner that prevents health hazards and minimizes nuisances. Discharge to air or waters of the State shall be limited to those 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 facility except in approved containers.
(e)
Supervision. Operation and management shall be under the direct supervision and control of individuals qualified in operating procedures by training, education, or experience.
(f)
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 stand-by equipment, extension of operating hours, or diversion of solid waste to other facilities.
(g)
Cleanliness and Sanitation. Facilities shall be maintained in a clean and sanitary condition. The following conditions are required:
(i)
Plumbing shall be properly maintained.
(ii)
Floors shall be well drained and free from standing water.
(iii)
Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.
(iv)
Solid waste may not remain at the transfer station at the end of the working day unless it is stored in leak-proof, fly and rodent-proof containers.
(v)
Special provisions shall be made for the transfer of bulky waste at the transfer station. Otherwise, this waste shall be excluded.
(h)
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.
(i)
Information Posted. A statement of the days and hours of operation shall be posted at the entrance to the facility and access shall be limited to those times when authorized personnel are on duty.
(j)
Truck Wheel Curbs. Truck wheel curbs shall be provided to prevent vehicles from backing into the refuse unloading pit or falling into the pit while unloading.
(k)
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 any other permitted treatment facility.
(2)
Other Requirements.
(a)
Periodic Reports to Approving Authority. An annual written report shall be submitted to the Approving Authority concerning the status of the transfer station for each year the facility is in use. This report shall be submitted as specified in the permit and shall include the:
(i)
Quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons or cubic yards.
(ii)
Quantities and destination of solid waste transferred.
(b)
The Approving Authority may impose other requirements considered necessary.
(c)
Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:
(i)
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.
(ii)
Proof that the facility is consistent with the approved county comprehensive solid waste management plan.

Regulation .25 Incinerators.Copy Citation

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, 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;
(b)
Incinerators that are permitted under Environment Article, §7-232, Annotated Code of Maryland.
B.
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:
(1)
A map showing the specific location, land use, and zoning within 1/4 mile of the boundaries of the proposed facility;
(2)
Drawings of buildings and other structures showing types of construction, layout, and dimensions for unloading, storage, and processing areas;
(3)
A site plan designating the property boundaries and all existing and proposed structures and roads;
(4)
A descriptive statement of processes to be used;
(5)
A description of:
(a)
Major items of equipment including manufacturer, type, model, capacity, and number of units;
(b)
Types and anticipated quantities of solid waste to be accepted;
(c)
Types of solid waste not to be accepted;
(d)
Area and population which will be served by the facility;
(e)
Measures to be taken to prevent or control odors, explosions, and ground or surface water pollution;
(f)
Methods of treating or disposing of liquid waste resulting from the operation;
(g)
Employee safety and sanitary facilities;
(6)
An operational and maintenance manual which identifies the operation in detail, including periodic cleaning and maintenance, and contingency plans;
(7)
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;
(8)
A map depicting the topography of the site of the proposed incinerator;
(9)
Anticipated tonnage per day of solid waste to be accepted at the incinerator daily;
(10)
Location of storage areas for incinerator ash, precipitator waste, and other non-combustible waste generated by the incinerator;
(11)
Identification of a proposed disposal site for the ash generated by the facility;
(12)
Detailed engineering plans and specifications for the incinerator and related machinery.
C.
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.
D.
General Requirements and Operating Procedures. The following are established as minimum requirements and operating procedures for an incinerator:
(1)
Buildings. Activities involving the unloading, separation, reduction, or alteration of waste shall be conducted in an enclosed building.
(2)
Location. Location of the facility shall be adjacent to access roads which are:
(a)
Paved or surfaced; and
(b)
Provided with a base capable of withstanding anticipated load limits.
(3)
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.
(4)
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.
(5)
Supervision. Operation and management shall be under the direct supervision and control of an individual qualified in operating procedures by training, education, or experience.
(6)
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.
(7)
Cleanliness and Sanitation.
(a)
Facilities shall be maintained in a clean and sanitary condition.
(b)
Plumbing shall be properly maintained and floors shall be well drained and free from standing water.
(c)
Sanitary facilities shall be provided for employees and shall be kept clean and in good repair.
(d)
Solid waste not actually being processed shall be confined to the unloading area which shall be maintained free of dust and nuisances.
(e)
Accumulations of solid waste shall be controlled in a manner as to minimize odors and prevent infestation by insects, rodents, or other vectors.
(8)
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.
(9)
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.
(10)
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.
E.
Other Requirements.
(1)
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:
(a)
The quantity of solid waste received per month during each of the preceding 12 months. Quantities shall be given in tons or cubic yards.
(b)
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.
(2)
The Approving Authority may impose other requirements considered necessary.
F.
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.
G.
Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:
(1)
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.
(2)
Proof that the facility is consistent with the approved county comprehensive solid waste management plan.

Regulation .26 Variances.Copy Citation

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 the applicant to the satisfaction of the Approving Authority to conserve and protect the public health, the natural resources, and environment of the State, and to control air, water, and land pollution to at least the same extent as would be obtained by compliance with the regulation.
B.
Requests for variance shall supply information required by the Approving Authority, including:
(1)
The nature and location of the solid waste facility;
(2)
The reasons for which the variance is required, including the economic, technological, and environmental justification; and
(3)
Other relevant information the Approving Authority may require in order to make a determination regarding the application.
C.
When practicable, within 60 days of receipt of sufficient information on which to base a decision concerning a variance request, the Approving Authority shall make a determination to either grant or deny the variance. If the variance request is denied, the applicant shall be informed in writing of the basis of the denial and the procedures for appeal of the determination.

Regulation .27 Enforcement Provisions.Copy Citation

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 immediate or substantial hazard to the public health or the environment exists, the permit may be suspended if the permit holder has failed to correct any violation of these regulations or the requirements of the permit.
(3)
Unless the person served with an order suspending or revoking the permit makes a timely request for a hearing under §C of this regulation, the order is a final order.
(4)
Within 10 days after being served with an order suspending or revoking the permit, the person served may request in writing a hearing before the Department.
(5)
Whenever the Approving Authority finds conditions which, in the Approving Authority's judgment, constitute an immediate and substantial hazard to the public health or the environment, the Approving Authority may issue without warning, prior notification, or hearing, a written notice to the permit holder citing those conditions, specifying the remedial and corrective actions to be taken, and specifying the time period within which the action shall be taken. If necessary, the order shall state that the permit is immediately discontinued. Upon written petition to the Approving Authority within 10 days of notification, the permit holder shall be afforded a prompt hearing.
B.
Reinstatement of Suspended Permits. A person whose permit has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that the deficiencies which caused suspension of the permit have been corrected, the Approving Authority shall make a reinspection. If the applicant is complying with the requirements of these regulations, the permit shall be reinstated. In this case, a public hearing is not required.
C.
Hearings. The Department shall give notice and hold hearings for violations of these regulations, permits, or corrective orders in accordance with the Administrative Procedure Act.
D.
Inspections.
(1)
General. The Approving Authority shall inspect each solid waste acceptance facility permitted under these regulations, and shall make as many additional inspections and reinspections as are necessary for the enforcement of these regulations.
(2)
Right of Entry. An agent of the Approving Authority, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises owned by a person supplying refuse disposal service, and upon private property for the purpose of collecting samples, records, information, and taking photographs to ascertain whether the regulations, orders, and permits of the Secretary of the Environment are obeyed.
Chapter annotations
Authority: Environment Article, §§9-204, 9-252, and 9-314, Annotated Code of Maryland
History: Effective date: July 25, 1980 (7:15 Md. R. 1423)
History: Regulation .04B amended effective June 21, 1982 (9:12 Md. R. 1224)
History: Chapter, Installation and Operation of Systems of Refuse Disposal for Public Use, repealed effective March 7, 1988 (15:5 Md. R. 618)
History: Regulations .01—.27, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)
History: COMAR 10.17.11 recodified to COMAR 26.04.07
History: Regulation .02B amended effective September 22, 1997 (24:19 Md. R. 1342); December 1, 2008 (35:24 Md. R. 2080); June 18, 2018 (45:12 Md. R. 619)
History: Regulation .04C amended effective December 1, 2008 (35:24 Md. R. 2080)
History: Regulation .13B amended effective September 22, 1997 (24:19 Md. R. 1342)
History: Regulation .15 amended effective September 22, 1997 (24:19 Md. R. 1342)
History: Regulation .16 amended effective September 22, 1997 (24:19 Md. R. 1342)
History: Regulation .17 amended effective September 22, 1997 (24:19 Md. R. 1342)
History: Regulation .18 amended effective September 22, 1997 (24:19 Md. R. 1342)