<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.04.10.05" title_num="26" subtitle_num="04" chapter_num="10" heading="Storage.">
  <paragraph num="A.">
    <text>A person may not store coal combustion byproducts except in accordance with the provisions of this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A person may not store coal combustion byproducts directly on the surface of the ground or in an unlined surface impoundment, pit, pond, or lagoon without the authorization of the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A person shall store coal combustion byproducts in a manner that prevents contact with waters of this State and that is designed either to minimize contact with precipitation or to collect leachate that may result from contact with precipitation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A person may not use a storage system for coal combustion byproducts unless the storage system is:</text>
    <paragraph num="(1)">
      <text>Designed, constructed, and installed to contain coal combustion byproducts and contaminants in the coal combustion byproducts and prevent them from being released to the environment; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provided with a roof or other protections to prevent nuisance, air pollution, and unlawful discharges of contaminated stormwater or leachate to the waters of this State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A person may not store coal combustion byproducts in an area likely to pollute the waters of this State.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Responsibility for the prompt control, containment, and removal of any released coal combustion byproducts or for placing coal combustion byproducts in a position likely to pollute the waters of this State shall be with the person responsible for the release, and with the owner and operator of the facility, site, or storage system where the release occurred. This responsibility shall continue until removal or clean up of any contamination or pollution from the release has been accomplished to the satisfaction of the Department.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The Department may impose specific requirements for the storage of coal combustion byproducts upon a determination that storage of coal combustion byproducts has caused or is likely to cause a discharge to the waters of the State, is a nuisance, or otherwise poses a threat to public health or the environment.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The owner and operator of a facility, site, or storage system shall ensure that:</text>
    <paragraph num="(1)">
      <text>A release of coal combustion byproducts during storage operations due to spilling or overflowing does not occur;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Adequate storage space is available to handle the volume of coal combustion byproducts generated and to be stored; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Transfer, handling, and storage operations are performed in a manner that shall prevent, contain, and clean up spills of coal combustion byproducts.</text>
    </paragraph>
  </paragraph>
</regulation>