<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02-1" citation="COMAR 26.13.05.02-1" title_num="26" subtitle_num="13" chapter_num="05" heading="Site Selection for CHS Facilities.">
  <paragraph num="A.">
    <text>A facility may not be located in an active fault zone.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Flood Plains.</text>
    <paragraph num="(1)">
      <text>Definitions. The following definitions are used in §B(2), of this regulation:</text>
      <paragraph num="(a)">
        <text>"100-year flood" means a flood that has a 1 percent chance of being equaled or exceeded in any given year.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>"100-year flood plain" means any land area which is subject to a 1 percent or greater chance of a flooding in any given year from any source.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A facility located in a 100-year flood plain shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator demonstrates to the Secretary that procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A facility may not be located in a wetland, unless the operator obtains a discharge permit under COMAR 26.10.01 and a wetlands permit under COMAR 08.05.07.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A facility may not be located so as to be likely to jeopardize the continued existence of endangered and threatened species, or result in the destruction or adverse modification of their critical habitat. (Reference: COMAR 08.03.08 and Natural Resources Article, §§10-2A-01—2A-09, Annotated Code of Maryland.)</text>
  </paragraph>
  <paragraph num="E.">
    <text>A facility may not be located in the recharge zone of a sole source aquifer unless it can be demonstrated that the facility is designed, constructed, operated, and maintained to prevent any endangerment of the aquifer.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Salt Dome Formations, Salt Bed Formations, Underground Mines, and Caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited.</text>
  </paragraph>
</regulation>