<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".17-4" citation="COMAR 26.13.05.17-4" title_num="26" subtitle_num="13" chapter_num="05" heading="Closure of Drip Pads.">
  <paragraph num="A.">
    <text>At closure, the owner or operator shall:</text>
    <paragraph num="(1)">
      <text>Remove or decontaminate:</text>
      <paragraph num="(a)">
        <text>All waste residues;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Contaminated containment system components such as the pad and the liners;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Contaminated subsoils; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Structures and equipment contaminated with waste and leakage; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Manage the waste listed in §A(1) of this regulation as hazardous waste.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills in Regulation .14J of this chapter if the owner or operator:</text>
    <paragraph num="(1)">
      <text>Has removed or decontaminated all residues and made all reasonable efforts to effect removal of contaminated components, subsoils, structures, and equipment as required in §A of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Finds that not all contaminated subsoils can be practicably removed or decontaminated.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>For permitted units required to close in accordance with §B of this regulation:</text>
    <paragraph num="(1)">
      <text>The requirement to have a permit continues throughout the post-closure period; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The drip pad is considered to be a landfill for the purpose of closure, post-closure, and financial responsibility, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07 and .08 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The owner or operator of an existing drip pad, as defined in Regulation .17-1A of this chapter, that does not comply with the liner requirements of Regulation .17-2C(1)—(3) of this chapter, shall:</text>
    <paragraph num="(1)">
      <text>Include in the closure plan for the drip pad under Regulation .07C of this chapter both a plan for complying with §A of this regulation and a contingent plan for complying with §§B—C of this regulation, in case not all contaminated subsoils can be practicably removed at closure; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prepare a contingent post-closure plan under Regulation .07H of this chapter for complying with §§B—C of this regulation, in case not all contaminated subsoils can be practicably removed at closure.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>For cost estimates calculated under Regulations .07 and .08 of this chapter for closure and post-closure care of a drip pad subject to §D of this regulation, the owner or operator:</text>
    <paragraph num="(1)">
      <text>Shall include the cost of complying with the contingent closure plan and the contingent post-closure plan; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>May exclude the cost of expected closure under §A of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>