<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".16-1" citation="COMAR 26.13.05.16-1" title_num="26" subtitle_num="13" chapter_num="05" heading="Miscellaneous Units.">
  <paragraph num="A.">
    <text>Applicability. The requirements in this regulation apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as Regulation .01 of this chapter provides otherwise.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Environmental Performance Standards.</text>
    <paragraph num="(1)">
      <text>A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate:</text>
      <paragraph num="(a)">
        <text>Design and operating requirements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Detection and monitoring requirements;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Requirements for responses to releases of hazardous waste or hazardous constituents from the unit; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>All applicable requirements of Regulations .09 — .14 and .16 of this chapter, and COMAR 26.13.07 that are appropriate for the miscellaneous unit being permitted.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For the purposes of §B(2), of this regulation, protection of human health and the environment includes, but is not limited to, prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in:</text>
      <paragraph num="(a)">
        <text>The ground water or subsurface environment, considering the:</text>
        <paragraph num="(i)">
          <text>Volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Hydrologic and geologic characteristics of the unit and the surrounding area;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Quantity and direction of ground water flow;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Proximity to and withdrawal rates of current and potential ground water users;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Patterns of land use in the region;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Potential for health risks caused by human exposure to waste constituents; and</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Surface water, wetlands, or on the soil surface, considering the:</text>
        <paragraph num="(i)">
          <text>Volume and physical and chemical characteristics of the waste in the unit;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Patterns of precipitation in the region;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Quantity, quality, and direction of ground water flow;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Proximity of the unit to surface waters;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Current and potential uses of nearby surface waters and any water quality standards established for those surface waters;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils;</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>Patterns of land use in the region;</text>
        </paragraph>
        <paragraph num="(x)">
          <text>Potential for health risks caused by human exposure to waste constituents; and</text>
        </paragraph>
        <paragraph num="(xi)">
          <text>Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The air, considering the:</text>
        <paragraph num="(i)">
          <text>Volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Operating characteristics of the unit;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Existing quality of the air, including other sources of contamination and their cumulative impact on the air;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Potential for health risks caused by human exposure to waste constituents; and</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action. Monitoring, testing, analytical data, inspection, response, and reporting procedures and frequencies shall ensure compliance with Regulations .02F, .03D, .05F—H, .06-7, and .16-1B of this chapter, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Post-Closure Care. A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with §B of this regulation during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of §B of this regulation during post-closure care. The post-closure plan under Regulation .07H of this chapter shall specify the procedures that will be used to satisfy this requirement.</text>
  </paragraph>
</regulation>