Applicability. This regulation applies to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as Regulation .01 of this chapter provides otherwise. Treatment Program. An owner or operator subject to this regulation shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Secretary will specify in the facility permit the elements of the treatment program, including: The wastes that are capable of being treated at the unit based on a demonstration under §C of this regulation; Design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with §D(1) of this regulation; and Unsaturated zone monitoring provisions meeting the requirements of §I of this regulation. The Secretary will specify in the facility permit the hazardous constituents that shall be degraded, transformed, or immobilized under this regulation. Hazardous constituents are constituents identified in COMAR 26.13.02.24 that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone. The Secretary will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone shall be: Not more than 1.5 meters (5 feet) from the initial soil surface; and More than 1 meter (3 feet) above the seasonal high water table. Treatment Demonstration. For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, before application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone. In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under §C(1), of this regulation, he shall obtain a treatment or disposal permit under COMAR 26.13.07.02—.19. The Secretary will specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in §C(3) of this regulation. Any field test or laboratory analysis conducted in order to make a demonstration under §C(1) of this regulation shall: Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including the: Characteristics of the waste (including the presence of constituents in COMAR 26.13.02.24); Climate in the area; Topography of the surrounding area; Characteristics of the soil in the treatment zone (including depth); and Operating practices to be used at the unit; Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and Be conducted in a manner that protects human health and the environment considering: The characteristics of the waste to be tested; The operating and monitoring measures taken during the course of the test; The duration of the test; The volume of waste used in the test; In the case of field tests, the potential for migration of hazardous constituents to ground water or surface water. Design and Operating Requirements. The Secretary will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment unit in compliance with this section. The owner and operator shall design, construct, operate, and maintain the unit to maximize the degradation, transformation, and immobilization of hazardous constituents in the treatment zone. The owner or operator shall design, construct, operate, and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under §C of this regulation. At a minimum, the Secretary will specify the following in the facility permit: The rate and method of waste application to the treatment zone; Measures to control soil pH; Measures to enhance microbial or chemical reactions (for example, fertilization, tilling); and Measures to control the moisture content of the treatment zone. The owner or operator shall design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 25-year storm. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Collection and holding facilities (for example, tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system. If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal. The owner or operator shall inspect the unit weekly and after storms to detect evidence of: Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and Improper functioning of wind dispersal control measures. Reserved. Food-Chain Crops. The Secretary may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the condition of this section. The Secretary will specify in the facility permit the specific food-chain crops which may be grown. The owner or operator shall demonstrate that there is no substantial risk to human health caused by the growth of these crops in or on the treatment zone by demonstrating, before the planting of the crops, that hazardous constituents other than cadmium will not: Be transferred to the food or feed portions of the crop by plant uptake or direct contact, and will not otherwise be ingested by food-chain animals (for example, by grazing); or Occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same region. The owner or operator shall make the demonstration required under §G(2) of this regulation before the planting of crops at the facility for all constituents identified in COMAR 26.13.02.24 that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone. In making a demonstration under §G(2), of this regulation, the owner or operator may use field tests, greenhouse studies available data, or, in the case of existing units, operating data, and shall: Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (for example, pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown; and Describe the procedures used in conducting any tests, including the sample selection criteria, sample size, analytical methods, and statistical procedures. If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under §G(2), of this regulation, he shall obtain a permit for conducting these activities. The owner or operator shall comply with the following conditions if cadmium is contained in wastes applied to the treatment zone: The pH of the waste and soil mixture shall be 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less; The annual application of cadmium from waste may not exceed 0.5 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption; for other food-chain crops, the annual cadmium application rate may not exceed: The cumulative application of cadmium from waste may not exceed 5 kg/ha if the waste and soil mixture has a pH of less than 6.5; and If the waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH of 6.5 or greater during crop growth, the cumulative application of cadmium from waste may not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less than 5 meg/100g; 10 kg/ha if soil CEC is 5-15 meg/100g; and 20 kg/ha if soil CEC is greater than 15 meg/100g; or Animal feed shall be the only food-chain crop produced: The pH of the waste and soil mixture shall be 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later, and this pH level shall be maintained whenever food-chain crops are grown. There shall be an operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The operating plan shall describe the measures to be taken to safeguard against possible health hazards from cadmium entering the food-chain, which may result from alternative land uses. Future property owners shall be notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food-chain crops may not be grown except in compliance with §G(5)(e) of this regulation. Reserved. Unsaturated Zone Monitoring. An owner or operator subject to this regulation shall establish an unsaturated zone monitoring program to discharge the following responsibilities: Monitoring. The owner or operator shall monitor the soil and soil-pore liquid to determine whether hazardous constituents migrate out of the treatment zone. The Secretary will specify the hazardous constituents to be monitored in the facility permit. The hazardous constituents to be monitored are those specified under §B(2) of this regulation. The Secretary may require monitoring for principal hazardous constituents (PHCs) instead of the constituents specified under §B(2) of this regulation. PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Secretary will establish PHCs if he finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the PHCs will assure treatment at, at least, equivalent levels for the other hazardous constituents in the wastes. Installation of System. The owner or operator shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that: Represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone. Establishment of Background Value. The owner or operator shall establish a background value for each hazardous constituent to be monitored under §I(1) of this regulation. The permit will specify the background values for each constituent or specify the procedures to be used to calculate the background values. Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone. Background soil-pore liquid values shall be based on at least quarterly sampling for 1 year at a background plot having characteristics similar to those of the treatment zone. The owner or operator shall express all background values in a form necessary for the determination of statistically significant increases under §I(6). In taking samples used in the determination of all background values, the owner or operator shall use an unsaturated zone monitoring system that complies with §I(2)(a) of this regulation. The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Secretary will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under §I(6). The owner or operator shall use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator shall implement procedures and techniques for: Sample collection; Sample preservation and shipment; Analytical procedures; and Chain of custody control. Background Values. The owner or operator shall determine whether there is a statistically significant change over background values for any hazardous constituent to be monitored under §I(1) of this regulation, below the treatment zone each time he conducts soil monitoring and soil-pore liquid monitoring under §I(4) of this regulation. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of each constituent, as determined under §I(4), of this regulation, to the background value for that constituent according to the statistical procedure specified in the facility permit under this paragraph. The owner or operator shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Secretary will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples. The owner or operator shall determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Secretary will specify a statistical procedure in the facility permit that he finds: Is appropriate for the distribution of the data used to establish background values; and Provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone. If the owner or operator determines, pursuant to §I(6), of this regulation, that there is a statistically significant increase of hazardous constituents below the treatment zone, he shall: Notify the Secretary of this finding in writing within 7 days. The notification shall indicate what constituents have shown statistically significant increases. Within 90 days, submit to the Secretary an application for a permit modification to modify the operating practices at the facility in order to maximize the success of degradation, transformation, or immobilization processes in the treatment zone. If the owner or operator determines, pursuant to §I(6), that there is a statistically significant increase of hazardous constituents below the treatment zone, he may demonstrate that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or instead of, submitting a permit modification application under §I(7)(b), of this regulation, he is not relieved of the requirement to submit a permit modification application within the time specified in §I(7)(b) unless the demonstration made under this subsection successfully shows that a source other than the regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this subsection, the owner or operator shall: Notify the Secretary in writing within 7 days of determining a statistically significant increase below the treatment zone that he intends to make a determination under this subsection; Within 90 days, submit a report to the Secretary demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation; Within 90 days, submit to the Secretary an application for a permit modification to make any appropriate changes to the unsaturated zone monitoring program at the facility; and Continue to monitor in accord with the unsaturated zone monitoring program established under this section. Recordkeeping. The owner or operator shall include hazardous waste application dates and rates in the operating record required under Regulation .05D of this chapter. Closure and Post-Closure Care. During the closure period the owner or operator shall: Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under §D(1), of this regulation, except to the extent these measures are inconsistent with §K(1)(h) of this regulation; Continue all operations in the treatment zone to minimize run-off of hazardous constituents as required under §D(2) of this regulation; Maintain the run-on control system required under §D(3) of this regulation; Maintain the run-off management system required under §D(4) of this regulation; Control wind dispersal of hazardous waste required under §D(6) of this regulation; Continue to comply with any prohibition or conditions concerning growth of food-chain crops under §G of this regulation; Continue unsaturated zone monitoring in compliance with §I, of this regulation, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone; and Establish a vegetative cover on the portion of the facility being closed at such time that the cover does not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover shall be capable of maintaining growth without extensive maintenance. For the purpose of complying with Regulation .07F, when closure is completed the owner or operator may submit to the Secretary certification by an independent qualified soil scientist, instead of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan. During the post-closure care period the owner or operator shall: Continue all operations, including pH control, necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that these measures are consistent with other post-closure care activities; Maintain a vegetative cover over closed portions of the facility; Maintain the run-on control system required under §D(3) of this regulation; Maintain the run-off management system required under §D(4) of this regulation; Control wind dispersal of hazardous waste if required under §D(6) of this regulation; Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under §G of this regulation; and Continue unsaturated zone monitoring in compliance with §I of this regulation, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone. The owner or operator is not subject to regulation under §K(1)(h) and (3) of this regulation, if the Secretary finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in §K(4)(c) of this regulation. The owner or operator may submit a demonstration to the Secretary at any time during the closure or post-closure periods. For the purposes of this subsection: The owner or operator shall establish background soil values and determine whether there is a statistically significant increase over those values for all hazardous constituents specified in the facility permit under §B(2). This includes the following: Background soil values may be based on a one-time sampling of a background plot having characteristics similar to those of the treatment zone; The owner or operator shall express background values and values for hazardous constituents in the treatment zone in a form necessary for the determination of statistically significant increases under §K(4)(c) of this regulation. In taking samples used in the determination of background and treatment zone values, the owner or operator shall take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of each constituent in the treatment zone to the background value for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator shall use a statistical procedure that: Is appropriate for the distribution of the data used to establish background values; and Provides a reasonable balance between the probability of falsely identifying hazardous constituent presence in the treatment zone and the probability of failing to identify real presence in the treatment zone. The owner or operator is not subject to regulation under Regulations .06—.06-7 of this chapter if the Secretary finds that the owner or operator satisfied §K(4) of this regulation and if unsaturated zone monitoring under §I of this regulation indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit. Special Requirements for Ignitable or Reactive Waste. The owner or operator may not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of 40 CFR Part 268, and the waste is: Immediately incorporated into the soil so that: The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 or .13, and Regulation .02H(2) of this chapter is complied with; or Managed in such a way that it is protected from any material or conditions which may cause it to ignite or react. Special Requirements for Incompatible Wastes. The owner or operator may not place incompatible wastes, or incompatible wastes and materials (see Regulation .24, of this chapter, for examples), in or on the same treatment zone, unless Regulation .02H(2) of this regulation is complied with. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027. Hazardous Wastes F020, F021, F022, F023, F026, and F027 may not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Secretary under the standards set out in this section, and in accord with all other applicable requirements of this chapter. The factors to be considered are: The volume, physical, and chemical characteristics of the wastes including their potential to migrate through soil or to volatilize or escape into the atmosphere; The attenuative properties of underlying and surrounding soils or other materials; The mobilizing properties of other materials co-disposed with these wastes; and The effectiveness of additional treatment, design, or monitoring techniques. The Secretary may determine that additional design, operating, and monitoring requirements are necessary for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.