<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03-11" citation="COMAR 26.13.03.03-11" title_num="26" subtitle_num="13" chapter_num="03" heading="Consolidation of Waste Received from Maryland-Defined Small Quantity Generators and Others.">
  <paragraph num="A.">
    <text>Purpose. This regulation establishes conditions under which a person may accept hazardous waste from an off-site generator who is under the control of the person:</text>
    <paragraph num="(1)">
      <text>Without having to obtain a hazardous waste storage facility permit under COMAR 26.13.05 and COMAR 26.13.07, or having to qualify as an interim status storage facility under COMAR 26.13.06;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Without having to comply with requirements of Chapters .05—.07 of this subtitle and 40 CFR Part 268 to which facilities are subject if they hold a hazardous waste storage facility permit or operate as a hazardous waste storage facility under interim status; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Without having to comply with the notification requirements of Section 3010 of RCRA that apply to facilities that require a hazardous waste storage facility permit or authorization to operate a hazardous waste storage facility under interim status.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Scope. This regulation conditionally authorizes a person to accept, at a site of hazardous waste generation, hazardous waste from an off-site generator for consolidation, if:</text>
    <paragraph num="(1)">
      <text>The generator associated with the point of consolidation and the off-site generator are under the control of the same person, subject to the following:</text>
      <paragraph num="(a)">
        <text>“Person” has the meaning given by the definition in COMAR 26.13.01.03B; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For the purposes of this regulation, “control”:</text>
        <paragraph num="(i)">
          <text>Means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Does not include the situation where a contractor operates a proposed site of consolidation and an off-site generator facility on behalf of a different person;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The generator from whom the waste is being accepted is located:</text>
      <paragraph num="(a)">
        <text>In Maryland and is regulated as a Maryland-defined small quantity generator;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Outside of Maryland, located in a jurisdiction in which the U.S. Environmental Protection Agency is the primary implementing authority of the hazardous waste regulatory program, and qualifies as a very small quantity generator as defined in 40 CFR §260.10; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Outside of Maryland and is:</text>
        <paragraph num="(i)">
          <text>Classified by the state or other implementing authority as being in a category that is equivalent to the federal very small quantity generator category; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Allowed, under the regulations of the implementing authority, to send hazardous waste to the Maryland point of consolidation;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The generator at the site that is accepting the off-site waste does not take advantage of any of the exemptions that are identified in Regulation .01-1D of this chapter that are available to generators who qualify as a small quantity generator under federal regulations; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The requirements of §§C—E of this regulation are met.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notification. A generator who wishes to accept hazardous waste from an off-site generator, as allowed under §§A—B of this regulation, shall:</text>
    <paragraph num="(1)">
      <text>Notify the Department:</text>
      <paragraph num="(a)">
        <text>At least 30 days before receiving the first shipment of hazardous waste from the off-site generator; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Using EPA Form 8700-12, unless the Department specifies an alternate method;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>As part of the notification, identify the name and the address of each off-site generator from whom hazardous waste will be accepted; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Submit an updated notification to the Department within 30 days after a change in the name or in the site address of an off-site generator from whom hazardous waste is accepted under this regulation, using EPA Form 8700-12 unless the Department specifies an alternate method.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Record Keeping. A generator who accepts hazardous waste from an off-site generator under this regulation shall:</text>
    <paragraph num="(1)">
      <text>Maintain a record of each shipment received from off-site for 3 years from the date the hazardous waste was received from the off-site generator;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Include in the record of each shipment received:</text>
      <paragraph num="(a)">
        <text>The name, site address, and contact information for the off-site generator; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the hazardous waste received, along with information on the quantity of waste and the date received.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Waste Management Requirements. A generator who accepts hazardous waste from off-site under this regulation shall, in managing that waste:</text>
    <paragraph num="(1)">
      <text>Comply with the requirements of this chapter that apply to a hazardous waste generator independently of any conditional exemptions, as specified in Regulation .01A(2) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Comply with the requirements of Regulations .03-4—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter, consistent with the limitation in §B(3) of this regulation that prevents a person from taking advantage of certain exemptions available to persons who qualify as a small quantity generator under federal regulations; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For the purposes of the labeling and marking requirements of Regulations .03—.10 of this chapter, label the container or unit with:</text>
      <paragraph num="(a)">
        <text>The date that the waste was received from the off-site generator as the date on which accumulation started; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the generator is consolidating waste from the off-site generator with the generator’s own waste, or with hazardous waste from other off-site generators, label the container or unit with the starting date for accumulation as the earliest of the following dates:</text>
        <paragraph num="(i)">
          <text>The earliest date of receipt of any of the off-site waste that has been consolidated in the container or unit; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The start date of waste accumulation in the generator’s container or unit into which the off-site waste is being consolidated.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>