# COMAR Title 26 — Department of the Environment

## Subtitle 08 — Water Pollution

### Chapter 07 — Underground Injection Control

**Authority:** Environment Article, §§7-204(a), 7-208, 9-313(a), and 9-314(b)(3) et seq., Annotated Code of Maryland

**Administrative History:** Effective date: December 19, 1983 (10:25 Md. R. 2269)

**Administrative History:** Recodified from COMAR 10.50.04 to COMAR 26.08.07

**Administrative History:** Regulation .01 amended effective September 3, 2001 (28:17 Md. R. 1559)

**Administrative History:** Regulation .02 amended effective September 3, 2001 (28:17 Md. R. 1559)

**Administrative History:** Regulation .03 amended effective September 3, 2001 (28:17 Md. R. 1559)

**Administrative History:** Regulation .04 adopted effective September 3, 2001 (28:17 Md. R. 1559)

#### Regulation .01 General.

*COMAR 26.08.07.01*

A. Except as provided in Regulation .02, the Department of the Environment adopts by incorporation by reference, as its regulations, the federal regulations for Underground Injection Control contained in 40 CFR 144 (48 FR 14189—14203 (April 1, 1983)) and as amended in 64 FR 68546 (December 7, 1999), 124 (Subpart A) (48 FR 14264—14273 (April 1, 1983)), and 146 (July 1, 1982 Edition), as amended in 48 FR 14293 and as amended in 64 FR 68546 (December 7, 1999.).

B. For any underground injection subject to this subtitle, a person may not cause, maintain, or allow any underground injection except as provided in this subtitle. A person may not construct a Class I—Class IV underground injection well subject to this subtitle until a permit has been issued under this subtitle.

C. The terms “Director” and “State Director”, defined in 40 CFR 144.3 and 146.3 mean the Secretary of the Environment or the Secretary of the Environment's designee.

#### Regulation .02 Exceptions.

*COMAR 26.08.07.02*

40 CFR 144.4 (Considerations Under Federal Law) is inapplicable to Underground Injection Control Permits issued by the Department of the Environment and, therefore, is not adopted by incorporation by reference.

#### Regulation .03 Enforcement.

*COMAR 26.08.07.03*

A. A person who violates the requirements of this chapter is subject to administrative and judicial enforcement and penalties, as provided in Environment Article, §§9-334 et seq., Annotated Code of Maryland.

B. The procedures for an adjudicatory hearing under this chapter are those in COMAR 26.01.02.

#### Regulation .04 Prohibitions.

*COMAR 26.08.07.04*

As provided in COMAR 26.13.05.19, the underground injection of hazardous waste is prohibited in Maryland.