# COMAR Title 26 — Department of the Environment

## Subtitle 13 — Disposal of Controlled Hazardous Substances

### Chapter 05 — Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

#### Regulation .02-2 Construction Quality Assurance Program.

*COMAR 26.13.05.02-2*

A. This regulation applies to the owner or operator of a:

  (1) Surface impoundment that is subject to the requirements of Regulation .11D(4) or (5) of this chapter;

  (2) Waste pile that is subject to the requirements of Regulation .12D(1) or (2) of this chapter; or

  (3) Landfill unit that is subject to the requirements of Regulation .14B(3) or (4) of this chapter.

B. The owner or operator of a land disposal unit identified in §A of this regulation shall:

  (1) Incorporate into facility operations a construction quality assurance program that:

    (a) Ensures that the constructed unit meets or exceeds all design criteria and specifications in the facility permit; and

    (b) Has been developed and implemented under the direction of a construction quality assurance officer who is a registered professional engineer; and

  (2) As qualified by §C of this regulation, ensure that the construction quality assurance program meets the requirements of 40 CFR §264.19(a)(2), (b), and (c).

C. In complying with the requirements of 40 CFR §264.19, the owner or operator shall:

  (1) Substitute “Secretary” for “Regional Administrator”; and

  (2) Substitute the corresponding regulation or regulations identified in COMAR 26.13.01.05B(2) for the provisions in other sections of the Code of Federal Regulations that are cited within 40 CFR §264.19.

D. Certification. The owner or operator of a unit identified in §A if this regulation:

  (1) May not accept waste into the unit until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the construction quality assurance officer that the:

    (a) Approved construction quality assurance plan has been successfully carried out;

    (b) Unit meets the requirements of:

      (i) Regulation .11D(4) or (5) of this chapter;

      (ii) Regulation .12D(1) or (2) of this chapter; or

      (iii) Regulation .14B(3) or (4) of this chapter; and

    (c) Procedure of COMAR 26.13.07.15C(2) and (3) regarding inspection by the Department has been carried out; and

  (2) Shall furnish documentation supporting the construction quality assurance officer’s certification to the Department upon request.