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

Owners and operators of facilities which treat, store, or dispose of hazardous waste;

All treatment, storage, or disposal of hazardous waste at active facilities or at inactive facilities, except as specifically provided otherwise in this chapter, COMAR 26.13.02, 26.13.06, or 26.13.10;

Inactive disposal facilities when the Department determines that a substantial present or potential hazard to human health or the environment exists;

As specified in COMAR 26.13.10.30, the storage of military munitions classified as a solid waste under COMAR 26.13.10.27B;

The treatment and disposal of hazardous waste military munitions; and

Owners or operators of all facilities that treat, store, or dispose of hazardous wastes referred to in 40 CFR Part 268.

A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act and complying with the following regulations:

The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this chapter by COMAR 26.13.02.05;

The owner or operator of a facility managing recyclable materials described in COMAR 26.13.02.06A(2) and (3), except to the extent required in this chapter or by COMAR 26.13.10;

A generator accumulating waste on-site in compliance with:

A farmer disposing of waste pesticides from his own use in compliance with COMAR 26.13.03.07-4;

The owner or operator of a totally enclosed treatment facility as defined in COMAR 26.13.01.03B(81);

The owner or operator of an elementary neutralization unit or a wastewater treatment unit, subject to the following:

A person engaged in treatment or containment activities during immediate response to any of the following situations, except as provided in §D of this regulation:

The owner or operator of a publicly owned treatment works (POTW) if the owner or operator:

The addition of absorbent material to a waste container or the addition of waste to absorbent in a container, if:

Universal waste handlers and universal waste transporters handling the following wastes:

A person who operates a device to crush mercury-containing lamps if the person who operates the device is in compliance with the requirements of COMAR 26.13.10.15B(3); or

A reverse distributor accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in COMAR 26.13.01.03B.

Require a person to comply with the requirements of this chapter even though the person is otherwise exempted from complying with these requirements under §A(3)(h) of this regulation if the Secretary determines that requiring compliance is necessary for the protection of human health or the environment; and

Consider the following in making the determination under §D(4)(a) of this regulation that a treatment or containment activity shall be subject to the requirements of this chapter:

By transporters who do not have EPA identification numbers;

By transporters who have not been issued a certificate under COMAR 26.13.04.01C and F; and

Without the preparation of a manifest.

The dates of the response;

The responsible persons responding;

The type and description of material addressed; and

The final disposition of the material addressed in the emergency.

Submit the notices required in 40 CFR §264.12(a); and

In complying with 40 CFR §264.12(a), comply with provisions in the Code of Federal Regulations as referenced rather than analogous provisions in COMAR.

For the purposes of this subsection:

The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to COMAR 26.13.03.07-5, which deals with international agreements concerning shipments of hazardous waste, shall provide a copy of the tracking document bearing all required signatures, within 3 working days of receipt of the shipment to:

A person required to distribute copies of a tracking document under §C(4)(b) of this regulation shall maintain the original of the signed tracking document at the facility for at least 3 years.

Before an owner or operator treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under Regulation .07D(6) of this chapter, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which is needed to treat, store, or dispose of the waste in accordance with the:

The analysis may include data developed under COMAR 26.13.02, existing published or documented data on the hazardous waste or on waste generated from similar processes.

The owner or operator shall repeat the analysis required by §D(1)(a) of this regulation to ensure that it is accurate and up to date, and, in doing so, repeat the analysis at a minimum:

The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

Develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with §D(1) of this regulation.

Keep the waste analysis plan required by §D(2)(a) of this regulation at the facility;

Assure that the plan required by §D(2) of this regulation specifies, at a minimum:

Assure that, for off-site facilities, the waste analysis plan required in §D(2)(a) of this regulation at a minimum:

Sampling of impoundment contents;

Analysis of test data; and

Annual removal of residues specified in §D(4) of this regulation.

Do not meet the applicable treatment standards of 40 CFR Part 268, Subpart D; or

In the absence of treatment standards in 40 CFR Part 268, Subpart D, are prohibited from land disposal under:

Physical contact with the waste, structures, or equipment within the active portion of the facility does not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and

Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, does not cause a violation of the requirements of this chapter.

A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or

An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and

A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

The owner shall keep this schedule at the facility.

The schedule shall identify the types of problems (for example, malfunctions or deterioration) which are to be looked for during the inspection (for example, inoperative sump pump, leaking fitting, eroding dike, etc.).

The owner or operator:

Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under §G(4)(c), of this regulation.

This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

At a minimum the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, when applicable:

The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

A written job description for each position listed under §G(4)(a), of this regulation. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of employees assigned to each position.

A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under §G(4)(a), of this regulation.

Records that document that the training or job experience required under §G(1), (2), and (3) of this regulation, has been given to, and completed by, facility personnel.

Generate extreme heat or pressure, fire or explosion, or violent reaction;

Produce uncontrolled toxic mists, fumes, dusts, or gasses in sufficient quantities to threaten human health or the environment;

Produce uncontrolled flammable fumes or gasses in sufficient quantities to pose a risk of fire or explosions;

Damage the structural integrity of the device or facility containing the waste; or

Through other like means threaten human health or the environment.

Inspections by the Department;

Inspections under §F of this regulation; and

Compliance with Regulation .03F of this regulation.

The CHS hauler certification;

His or her CHS driver certification; and

The vehicle certification.

"100-year flood" means a flood that has a 1 percent chance of being equaled or exceeded in any given year.

"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.

“Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.

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

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

Approved construction quality assurance plan has been successfully carried out;

Unit meets the requirements of:

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

Open flames;

Smoking;

Cutting and welding;

Hot surfaces;

Frictional heat;

Sparks, including electrical sparks, sparks caused by static electricity, and mechanically-caused sparks;

Spontaneous ignition, such as ignition caused by heat-producing chemical reactions; and

Radiant heat;

Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility and possible evacuation routes;

When more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority. Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

Notify appropriate State or local agencies with designated response roles if their help is needed.

If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated.

The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center using their 24-hour toll-free number (800) 424-8802, and the Maryland Department of the Environment, Emergency Response Program (866) 633-4686. The report shall include:

Waste that may be incompatible with the released material is not treated, stored, or disposed of until cleanup procedures are completed; and

All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

Name, address, and telephone number of the owner or operator;

Name, address, and telephone number of the facility;

Date, time, and type of incident (for example, fire, explosion);

Name and quantity of materials involved;

The extent of injuries, if any;

An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

Estimated quantity and disposition of recovered material that resulted from the incident.

On-site facilities that do not receive hazardous waste from off-site sources; or

Off-site facilities with respect to waste military munitions exempted from manifest requirements under COMAR 26.13.10.28B.

Sign and date, by hand, each copy of the manifest to certify that the hazardous waste covered by the manifest was:

Note any discrepancies in the manifest as defined in §C(1) of this regulation on each copy of the manifest;

Immediately give the transporter at least one copy of the signed manifest;

Within 30 days after the delivery, send a copy of the manifest to the generator;

Comply with the following requirements for handling paper manifests:

Retain at the facility a copy of each manifest for at least 3 years from the date of delivery; and

For hazardous waste subject to 40 CFR Part 262, Subpart H, from a foreign source:

Sign and date each copy of the shipping paper to certify that the hazardous waste covered by the shipping paper was received;

Note any significant discrepancies in the shipping paper as defined in §C(1)) of this regulation on each copy of the shipping paper;

Immediately give the rail or water (bulk shipment) transporter at least one copy of the shipping paper;

Within 30 days after the delivery, send to the generator a copy of the signed and dated:

Retain at the facility a copy of each shipping paper and manifest for at least 3 years from the date of delivery.

If a facility owner or operator initiates a shipment of hazardous waste from a facility, the facility owner or operator shall comply with the requirements of COMAR 26.13.03.

The provisions of COMAR 26.13.03-3.03-10 are applicable to the on-site accumulation of hazardous waste by generators, and therefore only apply to the owner or operator of a facility who is shipping hazardous waste that the owner or operator:

Under the consignment state's hazardous waste program, the consignment state regulates as hazardous for a shipment any additional wastes beyond those regulated federally; and

The generator state, consignment state, or both, require the facility to submit any copies of the manifest to these states.

An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and used in accordance with this section instead of using the paper manifest form, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest;

A requirement for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of COMAR 26.13.03.04E-2;

A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person;

A requirement for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment;

A requirement for a facility owner or operator to keep or retain a copy of a manifest is satisfied by retention of the facility's electronic manifest copy in the facility's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and

If a facility owner or operator is unable to produce an electronic manifest for inspection in accordance with §B(6)(e) of this regulation, the owner or operator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility.

Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest;

The owner or operator of the facility shall give back to the final transporter one copy of the paper replacement manifest;

Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility shall send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system; and

The owner or operator of the facility shall retain at the facility one copy of the paper replacement manifest for at least 3 years from the date of delivery.

Also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter; and

Upon executing the owner or operator's ink signature on the printed copy of the manifest provided by the transporter, the owner or operator shall retain this original copy among the facility's records for at least 3 years from the date of delivery of the waste.

Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and

The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.

After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person shown on the manifest, such as a waste handler.

An interested person shall make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web-based service provided in the electronic manifest system for corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.

A person submitting a correction shall include the following information as part of the submission:

A person submitting a correction:

Significant differences, as defined in §C(2) of this regulation, between the quantity or type of hazardous waste designated on the manifest or shipping paper and the quantity or type of hazardous waste a facility actually receives;

Rejected wastes, which may be a full or a partial shipment of hazardous waste that the designated facility cannot accept; or

Container residues, which are residues that exceed the quantity limits for a container to be defined as “empty” under COMAR 26.13.02.07B and 26.13.10.35.

“Significant differences in quantity” means:

“Significant differences in type” means obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.

Upon discovery of the significant difference, attempt to reconcile the discrepancy with the waste generator or transporter, by, for example, telephone conversations; and

If the discrepancy is not resolved within 15 days after receiving the waste, immediately submit the following to the Secretary:

Upon rejecting waste or identifying a container residue that exceeds the quantity limits for “empty” under COMAR 26.13.02.07B, the facility:

While the facility is making arrangements for forwarding rejected wastes or residues to another facility in accordance with §C(4)(a) of this regulation, pending delivery of the waste to the first transporter designated on the manifest prepared under §C(5) or (6) of this regulation, the facility shall:

Except as provided in §C(5)(c) of this regulation, for full or partial load rejections and residues that are to be sent offsite to an alternate facility, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(5)(b) of this regulation.

The facility shall do the following in preparing the manifest required by §C(5)(a) of this regulation:

For full load rejections that are made while the transporter remains at the facility, the facility:

Except as provided in §C(6)(c) of this regulation, for rejected wastes and residues that are to be sent back to the generator, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(6)(b) of this regulation.

The facility shall do the following in preparing the manifest required by §C(6)(a) of this regulation:

For full load rejections that are made while the transporter remains at the facility, the facility:

Amend the facility's copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest;

Record the manifest tracking number from Item 4 of the new manifest that will accompany the shipment in the discrepancy space of the amended original manifest;

Re-sign and date the amended original manifest to certify to the information as amended;

Retain the amended original manifest for at least 3 years from the date the manifest was amended; and

Send, within 30 days after the facility determines that the waste or residue must be rejected, a copy of the amended original manifest to the transporter and generator that received copies of the unamended, original manifest.

A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage, or disposal at the facility as required by Regulation .20 of this chapter;

Information on the inventory of hazardous waste at the facility, including:

Records and results of waste analyses and determinations performed as specified in:

Summary reports and details of all incidents that require implementing the contingency plan as specified in Regulation .04G(10) of this chapter;

Records and results of inspections as required by Regulation .02F(4) of this chapter, except that these data need be kept only 3 years;

For off-site facilities, notices to generators as specified in Regulation .02C(3) of this chapter;

All closure cost estimates under Regulation .08 of this chapter and for disposal facilities all post-closure cost estimates under Regulation .08 of this chapter;

Monitoring, testing, or analytical data, and corrective action when required by Regulations .06—.06-7, .10D, .10-2, .10-4, .11D-2, .11D-3, .11F, .12D-1, .12D-2, .12E, .13G, .13I, .13K, .14C, .14E, .14F, .14I, .16I, and .16-1C of this chapter;

A certification by the owner or operator at least annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment;

Records of:

For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8;

For an on-site treatment facility, the information contained in the notice, except for the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8;

For an off-site land disposal facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator of a treatment facility under 40 CFR §268.7 or 40 CFR §268.8, whichever is applicable;

For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under 40 CFR §268.7, except for the manifest number, and the certification and demonstration, if applicable, required under 40 CFR §268.8, whichever is applicable;

owner or operator under 40 CFR §268.7 or 40 CFR §268.8; and

For an on-site storage facility, the information contained in the notice, except the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8.

Annually, for reporting periods through December 31, 1995, and

Biennially, for reporting periods beginning January 1, 1997;

March 1 of the following year for reporting periods through December 31, 1995; and

March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and

The EPA identification number, name, and address of the facility;

The calendar year covered by the report;

For off-site facilities within the United States, the EPA identification number of each hazardous waste generator from whom the facility received a hazardous waste during the year;

For imported shipments, the name and address of the foreign generator;

A description and the quantity of each hazardous waste the facility received during the year;

For off-site facilities within the United States, a listing of the information required by §F(4)(e) of this regulation under the EPA identification number of each generator from whom the facility received hazardous waste;

The method of treatment, storage, or disposal for each hazardous waste;

The certification signed by the owner or operator of the facility or the owner's or operator's authorized representative;

The most recent closure cost estimate under Regulation .08 of this chapter and, for disposal facilities, the most recent post-closure cost estimate under Regulation .08 of this chapter;

For generators who treat, store, or dispose of hazardous waste on site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and

For generators who treat, store, or dispose of hazardous waste on site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years, except that comparison to years before 1984 is only required to the extent that this information is available.

The EPA identification number, name, and address of the facility;

The date the facility received the waste;

The EPA identification number, name, and address of the generator and the transporter, if available;

A description and the quantity of each unmanifested hazardous waste the facility received;

The method of treatment, storage, or disposal for each hazardous waste;

The certification in COMAR 26.13.07.03D signed by the owner or operator of the facility or the owner or operator's authorized representative; and

A brief explanation of why the waste was unmanifested, if known.

Solid waste management units comply with the requirements of Regulation .06-7 of this chapter;

A surface impoundment, waste pile, and land treatment unit or landfill that receives a hazardous waste after July 26, 1982, referred to after this as a “regulated unit”, complies with the requirements of §B of this regulation and Regulations .06-1—.06-6 of this chapter instead of Regulation .06-7 of this chapter for purposes of detecting, characterizing, and responding to releases to the uppermost aquifer;

Regulated units are operated in compliance with the financial responsibility requirements of Regulation .06-7 of this chapter.

The owner or operator is exempted under Regulation .01 of this chapter.

The owner or operator operates a unit which the Secretary finds:

The Secretary finds, under Regulation .13K of this chapter, that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of Regulation .13I of this chapter has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this regulation during the post-closure care period.

The owner or operator demonstrates to the Secretary's satisfaction that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit, including the closure period, and the post-closure care specified under Regulation .07G of this chapter. The owner or operator shall have this demonstration certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.

The owner or operator designs and operates a waste pile in compliance with Regulation .12A of this chapter.

An owner or operator of a hazardous waste landfill, land treatment facility, surface impoundment, or waste pile who received the last volume of hazardous waste before July 26, 1982, shall comply with all applicable requirements of COMAR 26.13.06.06—.15, and .19—.22.

The Department may add additional requirements under this regulation if the Secretary determines that these requirements are necessary to protect public health and the environment.

Active life of the regulated unit, including the closure period;

Post-closure care period under Regulation .07G of this chapter if the owner or operator is conducting a detection monitoring program under Regulation .06-4 of this chapter; and

Compliance period under Regulation .06-1E of this chapter if the owner or operator is conducting a compliance monitoring program under Regulation .06-5 of this chapter or a corrective action program under Regulation .06-6 of this chapter.

Compliance Monitoring.

Corrective Action.

Detection Monitoring. In all cases other than those covered by §B(1)(a) or (b) of this regulation, the owner or operator shall institute a detection monitoring program approved by the Secretary under Regulation .06-4 of this chapter.

The owner or operator of a facility subject to this regulation shall comply with the specific elements of the monitoring and response program specified by the Secretary in the facility permit.

The Secretary may include one or more of the programs identified in §B(1) of this regulation in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Secretary shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

Potential adverse effects on ground water quality considering:

Potential adverse effects on hydraulically connected surface water quality, considering:

May not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit;

For any of the constituents listed in Table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in Table 1; or

May not exceed an alternate limit established by the Secretary under §C(2) of this regulation.

Potential adverse effects on ground water quality, considering:

Potential adverse effects on hydraulically connected surface water quality, considering:

The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.

The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.

If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units.

Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient; and

Sampling at other wells will provide an indication of background ground water quality that is as representative as, or more representative than, that provided by the upgradient wells;

A bachelor's degree in geology or a related field of earth science from an accredited college or university; and

At least 3 years experience in the design and installation of these systems; and

Uppermost aquifer's effective porosity;

Hydraulic conductivity of the uppermost aquifer;

Hydraulic gradient in the uppermost aquifer; and

Fate and transport characteristics of the potential contaminants; or

Is protective of human health and the environment; and

Complies with the performance standards outlined in §C of this regulation.

If an individual well comparison is used, the Type I error level is not less than 0.01 for each testing period; and

If a multiple comparisons procedure is used, the Type I overall experimental error rate for each testing period is not less than 0.05, and the Type I error of not less than 0.01 for individual well comparisons is maintained.

If a tolerance interval or a prediction interval is used by the owner or operator to evaluate ground water monitoring data, the owner or operator shall propose the following for approval by the Secretary, contingent on values for these parameters being protective of human health and the environment:

The Secretary shall consider the following in reviewing the parameters proposed under §C(7)(a) of this regulation:

The complexity of the statistical test; and

The availability of laboratory facilities to perform the analysis of ground water samples;

Resampling ground water within 1 month of the time that constituents identified in 40 CFR 264, Appendix IX, are detected under §H(2) of this regulation, repeating the analysis to determine constituent concentrations, and if the results of the second analysis confirm the presence of compounds detected in the first analysis, using those constituents as the basis for compliance monitoring; or

Using the hazardous constituents found during the initial analysis conducted under §H(2) of this regulation as the basis for compliance monitoring;

For each monitoring well at the compliance point, the concentration of any constituent listed in 40 CFR 264, Appendix IX, that was found in the ground water;

Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements of Regulation .06-5 of this chapter;

Any proposed changes to the monitoring frequency, sampling, and analysis procedures or methods, or statistical procedures used at the facility necessary to meet the requirements of Regulation .06-5 of this chapter;

For each hazardous constituent found at the compliance point, a proposed concentration limit under Regulation .06-1C(1)(a) or (b) of this chapter, or a notice of intent to seek an alternative concentration limit under Regulation .06-1C(2) of this chapter;

All data necessary to justify an alternate concentration limit sought under Regulation .06-1C(2) of this chapter; and

An engineering feasibility plan for a corrective action program necessary to meet the requirements of Regulation .06-6 of this chapter, unless:

List of the hazardous constituents identified in accordance with Regulation .06-1B of this chapter;

Concentration limits specified in accordance with Regulation .06-1C of this chapter for each of the hazardous constituents in §A(2)(a) of this regulation;

Compliance point specified in accordance with Regulation .06-1D of this chapter; and

Compliance period specified in accordance with Regulation .06-1E of this chapter;

Implement a sampling program as specified by the Secretary in the facility CHS permit;

Conduct a sampling program for each chemical parameter or hazardous constituent in accordance with Regulation .06-2J and K of this chapter; and

Record ground water analytical data as measured and in a form necessary for the determination of statistical significance under Regulation .06-3A and B of this chapter for the compliance period of the facility;

Determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the CHS facility permit under §A(1) and (2) of this regulation at a frequency specified under §A(7) and (8) of this regulation;

Use the methods specified in the CHS facility permit under Regulation .06-3A and B of this chapter to make the determination under §A(5)(a) of this regulation;

Ensure that the methods under §A(5)(b) of this regulation compare data collected at the compliance point or points to a concentration limit developed under Regulation .06-1C of this chapter;

Make the determination of whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after the completion of sampling, as specified by the Secretary in the facility's CHS permit after consideration of the following:

Report the concentrations of the newly identified constituents to the Secretary within 7 days after the initial analysis and add them to the facility's monitoring list; or

Resample within 1 month and repeat the analysis for constituents listed in 40 CFR 264, Appendix IX, and comply with the following requirements:

Notify the Secretary of this finding in writing within 7 days, indicating in the notification the concentration limits that have been exceeded;

Submit to the Secretary an application for a permit modification to establish a corrective action program meeting the requirements of Regulation .06-6 of this chapter within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the Secretary under Regulation .06-4H(5) of this chapter, unless the facility permit already includes that corrective action program;

Include at a minimum, in the application submitted in accordance with §A(11)(b) of this regulation, the following information:

Notify the Secretary in writing, within 7 days of determining that a ground water concentration limit has been exceeded, of the intention to make a demonstration under this section;

Within 90 days, submit a report to the Secretary which demonstrates that a source other than a regulated unit caused the standards to be exceeded or that the apparent noncompliance with the standards resulted from an error in sampling, analysis, or evaluation, or from natural variation in the ground water;

Within 90 days, submit to the Secretary an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

Continue to monitor in accordance with the compliance monitoring program established under this regulation.

A list of the hazardous constituents identified under Regulation .06-1B of this chapter;

The concentration limits under Regulation .06-1C of this chapter for each of those hazardous constituents in §A(1)(a) of this regulation;

The compliance point under Regulation .06-1D of this chapter; and

The compliance period under Regulation .06-1E of this chapter;

Compliance with the ground water protection standard under Regulation .06-1A of this chapter; and

The success of a corrective action program under §A(6) of this regulation, when appropriate;

In addition to the other requirements of this chapter, conduct a corrective action program to remove or treat in place any hazardous constituents under Regulation .06-1B of this chapter that exceed concentration limits under Regulation .06-1C of this chapter in ground water:

Instead of the requirements of §A(6)(a)(ii) of this regulation to conduct a corrective action program beyond the facility boundary, implement on-site measures as determined by the Secretary on a case-by-case basis to address any release that has migrated beyond the facility boundary, if the owner or operator is able to demonstrate to the Secretary's satisfaction that, despite best efforts, the owner or operator was unable to obtain the necessary permission to undertake a corrective action program beyond the facility boundary;

Initiate and complete corrective action measures under this regulation within a reasonable period of time, considering the extent of contamination;

Continue implementing corrective action measures under this regulation at least until the concentrations of hazardous constituents under Regulation .06-1B of this chapter are reduced to levels below their respective concentration limits under Regulation .06-1C of this chapter.

Continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded,

If the owner or operator is conducting corrective action at the end of the compliance period, continue the corrective action for as long as necessary to achieve compliance with the ground water protection standard,

Continue corrective action measures taken beyond the period equal to the active life of the waste management area, including the closure period, at least until the owner or operator can demonstrate, based on data from the ground water monitoring program under §A(4) and (5) of this regulation, that the ground water protection standard of Regulation .06-1A of this chapter has not been exceeded for a period of 3 consecutive years;

All hazardous waste disposal facilities;

Waste piles and surface impoundments from which the owner or operator intends to remove the waste at closure, to the extent that §§G—J of this regulation are made applicable to the facilities in Regulation .11G or .12I of this chapter;

Tank systems that are required under Regulation .10-7 of this chapter to meet the requirements for landfills;

Containment buildings that are required under Regulation .18-3C of this chapter to meet the requirements for landfills; and

Hazardous waste munitions and explosives storage units that are required under Regulation .21C(3) of this chapter to meet the requirements for landfills.

Of this regulation; and

Referenced in this regulation and this chapter, including, but not limited to, closure requirements of Regulations .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B—D, .18-3, and .21C of this chapter.

The owner or operator of a hazardous waste management facility shall:

The Secretary's approval of the plan shall ensure that the approved closure plan is consistent with §§B —F(1) of this regulation and the applicable requirements of Regulations .06—.06-7, .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B, .18-3, and .21C of this chapter.

Until final closure is certified in accordance with §F of this regulation, the owner or operator shall, upon request by the Secretary, including requests by mail, furnish the Secretary with a copy of the approved plan and all approved revisions.

A description of how each hazardous waste management unit at the facility will be closed in accordance with §B, of this regulation.

A description of how final closure of the facility will be conducted in accordance with §B of this regulation. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility.

An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type or types of the off-site hazardous waste management units to be used, if applicable.

A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard.

A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to ground water monitoring, leachate collection, and run-on and run-off control.

A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.)

For facilities that use trust funds to establish financial assurance under Regulation .08 and that are expected to close before the expiration of the permit, an estimate of the expected year of final closure.

The owner or operator shall submit a written request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the procedures in COMAR 26.13.07. The written request shall include a copy of the amended closure plan for approval by the Secretary.

The owner or operator may submit a written request to the Secretary for a permit modification to amend the closure plan at any time before the notification of partial or final closure of the facility.

The owner or operator shall submit a written request for a permit modification to authorize a change in the approved closure plan whenever:

The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days before the proposed change in facility design or operation, or not later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification not later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under Regulation .11G(3)(a) or .12I(3)(a), of this chapter, shall submit an amended closure plan to the Secretary not later than 60 days from the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of Regulation .14J, of this chapter, or not later than 30 days from that date if the determination is made during partial or final closure. The Secretary will approve, disapprove, or modify this amended plan in accordance with the procedures in COMAR 26.13.07. The approved closure plan will become a condition of any CHS facility permit issued.

The Secretary may request modifications to the plan under the conditions described in §C(3)(b) of this regulation. The owner or operator shall submit the modified plan within 60 days of the Secretary's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Secretary will be approved in accordance with the procedures in COMAR 26.13.07.

The owner or operator of a facility shall notify the Secretary in writing at least:

For the purpose of §C(4)(a) of this regulation, the date when the owner or operator expects to begin closure shall be:

The Secretary may approve an extension to the 1-year limit in §C(4)(b)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that:

If the owner or operator has been allowed to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste as provided by §D(6) of this regulation, the date when the owner or operator expects to begin closure for the purpose of §C(4)(a) of this regulation shall be not later than:

The Secretary may approve an extension to the 1-year limit in §C(4)(d)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that:

If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, to cease receiving hazardous wastes or to close, then the requirements of §C(4)(a)—(e) of this regulation do not apply. Instead, the owner or operator shall close the facility in accordance with the deadlines established in §D of this regulation.

The activities required to comply with §D(1) of this regulation either will, of necessity, take longer than 90 days to complete; or

The following conditions are met:

The partial or final closure activities will, of necessity, take longer than 180 days to complete; or

The following conditions are met:

The demonstration in §D(2) of this regulation shall be made at least 30 days before the expiration of the 90-day period in §D(1) of this regulation; and

The demonstration in §D(4) of this regulation shall be made at least 30 days before the expiration of the 180-day period in §D(3) of this regulation.

Submits a request for a CHS permit modification in accordance with the requirements of COMAR 26.13.07; and

Demonstrates in the request for permit modification required by §D(6)(a) of this regulation that:

Includes, in the request to modify the permit:

Includes, in the request to modify the permit, updated cost estimates and demonstrations of financial assurance for closure and post-closure as necessary and appropriate to reflect any:

Includes, in the request to modify the permit, all revisions to affected conditions of the permit as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes;

Submits the request to modify the permit and the demonstrations referred to in §D(6)(a)—(d) of this regulation to the Secretary within the later of the following two time periods:

Complies with the requirements of §D(7) and (8) of this regulation if the owner or operator is seeking to receive additional wastes in a surface impoundment that is not in compliance with the liner and leachate collection system requirements of:

Complies with applicable requirements to obtain permits under:

Submit, with the request for permit modification required by §D(6)(a) of this regulation:

Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner or liners, if any;

Complete the removal of hazardous wastes from the unit not later than:

Comply with the following requirements if there is a release detected in accordance with the requirements of Regulations .06—.06-7 of this chapter that is a statistically significant increase over background values for detection monitoring parameters or constituents specified in the permit, that is a statistically significant decrease with respect to background values in the case of pH if pH is specified in the permit, or that exceeds the facility's ground water protection standard at the point of compliance, if applicable:

Provide semiannual reports to the Secretary during the period of corrective action that:

Commence closure of the unit if required to do so by the Secretary, based on the owner or operator failing to:

The Secretary shall notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in §D(1)—(4) of this regulation, and provide a detailed statement of the reasons for this determination;

The Secretary shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision described in §D(8)(a) of this regulation not later than 20 days after the date of the notice;

If the Secretary receives no written comments in response to the notice described in §D(8)(b) of this regulation:

If the Secretary receives written comments in response to the notice described in §D(8)(b) of this regulation, the Secretary shall:

If the Secretary's decision under §D(8)(d)(i) of this regulation is that the owner or operator has not made substantial progress under §D(7)(f)(ii) of this regulation in implementing corrective action and achieving the goals of the corrective action program, the owner or operator shall initiate closure in accordance with the deadlines in §D(1)—(4) of this regulation; and

The final determinations made by the Secretary under §D(8)(c) and (d) of this regulation are not subject to administrative appeal.

The facility's permit is terminated; and

The facility is ordered to cease receiving hazardous waste or to close, as described in §C(4)(f) of this regulation.

Monitoring and reporting in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter; and

Maintenance and monitoring of waste containment systems in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter.

Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment, such as when leachate or ground water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure; or

Extend the post-closure care period applicable to the hazardous waste management unit or facility if he finds that the extended period is necessary to protect human health and the environment, such as when leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment.

Hazardous wastes may remain exposed after completion of partial or final closure; or

Access by the public or domestic livestock may pose a hazard to human health.

Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

Is necessary to reduce a threat to human health or the environment.

The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan.

In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by Regulations .11G(3)(b) and .12I(3)(b) of this chapter to have contingency post-closure plans.

Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under Regulations .11G(3)(b) and .12I(3)(b) of this chapter shall submit a post-closure plan to the Secretary within 90 days from the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of §§G—J of this regulation.

The plan shall be submitted with the permit application in accordance with COMAR 26.13.07.02D(29) and approved by the Secretary as part of the permit issuance procedures under COMAR 26.13.07.20—.20-6.

In accordance with COMAR 26.13.07.05, the approved post-closure plan will become a condition of any permit issued.

A description of the planned monitoring activities and frequencies at which they will be performed to comply with Regulations .06—.06-7, ,11—.14, and .16-1 of this chapter during the post-closure care period;

A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

The name, address, and telephone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.

The owner or operator shall request a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of COMAR 26.13.07. The written request shall include a copy of the amended post-closure plan for approval by the Secretary.

The owner or operator may submit a written request to the Secretary for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

The owner or operator shall submit a written request for a permit modification to authorize a change in the approved post-closure plan whenever:

The owner or operator shall submit a written request for a permit modification at least 60 days before the proposed change in facility design or operation, or not later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under Regulations .11G(3)(b) and .12I(3)(b) shall submit a post-closure plan to the Secretary not later than 90 days after the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of Regulation .14J. The Secretary will approve, disapprove, or modify this plan in accordance with the procedures in COMAR 26.13.07. In accordance with COMAR 26.13.07.05, the approved post-closure plan will become a permit condition.

The Secretary may request modifications to the plan under the conditions described in §H(4)(c), of this regulation. The owner or operator shall submit the modified plan not later than 60 days after the Secretary's request, or not later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Secretary will be approved, disapproved, or modified in accordance with the procedures in COMAR 26.13.07.

Record a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:

Submit a certification, signed by the owner or operator, that he has recorded the notation specified in §I(2)(a), of this regulation, including a copy of the document in which the notation has been placed, to the Secretary.

The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

Have a base underlying the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated rainfall until the collected material is detected and removed;

Be designed for efficient drainage so that standing liquid does not remain on the base longer than 1 hour after a leakage or precipitation event unless the containers are elevated, or in some other manner are protected from contact with accumulated liquids; and

Have sufficient capacity to contain 10 percent of the volume of containers or the volume of the largest container, whichever is greater.

The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation; or

The containers are elevated or are otherwise protected from contact with accumulated liquid.

The owner or operator has obtained all federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and

A continuous on-site physical construction or installation program has begun, or the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for either completion of physical construction of the site or installation of the tank system within a reasonable time.

Controls to prevent overfilling, such as level sensing devices, high level alarms, automatic feed cutoff, or by-pass to a standby tank;

For uncovered tanks, maintenance of sufficient freeboard to prevent overtopping by wave or wind action or by precipitation; and

Spill prevention controls, such as check valves or dry disconnect couplings.

Data gathered from monitoring and leak detection equipment, such as pressure and temperature gauges and monitoring wells, to ensure that the tank system is being operated according to its design;

For uncovered tanks, the level of waste in the tank to ensure compliance with §C(2)(b) of this regulation;

Above-ground portions of the tank system to detect corrosion or releases of waste; and

The construction materials of, and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system, to detect erosion or signs of releases of hazardous wastes, such as wet spots or dead vegetation;

Confirm proper operation of the cathodic protection system within 6 months after initial installation and annually after that; and

Inspect or test, or both, as appropriate, all sources of impressed current at least every 2 months;

The schedule and procedures shall be adequate to detect cracks, leaks, corrosion, or erosion which may prevent compliance with §C(1) of this regulation;

The inspection procedure shall include procedures for emptying a tank to allow entry and inspection of the interior when tank entry is necessary to detect corrosion or erosion of the tank sides and bottom; and

The scheduled frequency of assessments shall be based on the material of construction of the tank, type of corrosion or erosion protection used, rate of corrosion or erosion observed during the previous inspections, and the characteristics of the waste being treated or stored;

The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:

The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

The tank system is used solely for emergencies.

Is leaking or otherwise unfit for use;

Will collapse, rupture, or fail based on an analysis of the tank system design, structural strength, and compatibility with the waste or wastes to be stored or treated;

Design standards, if available, according to which the tank and ancillary equipment were constructed;

Hazardous characteristics of the waste or wastes that have been and will be handled;

Existing corrosion protection measures;

Documented age of the tank system, if available, or, if not, an estimate of the age;

Results of a leak test, internal inspection, or other tank integrity examination such that:

For existing underground tanks that cannot be entered for inspection, by January 12, 1988, except that, for tanks that store or treat materials that become regulated as hazardous wastes after July 14, 1986, the owner or operator shall conduct this assessment within 12 months after the date that the waste becomes regulated as hazardous;

For all other existing tank systems other than tanks that cannot be entered for inspection, by July 1, 1994, except that, for tank systems that store or treat materials that become regulated as hazardous wastes after July 1, 1993, the owner or operator shall conduct this assessment within 12 months after the date that the waste becomes regulated as a hazardous waste;

Design standard or standards according to which the tank system and ancillary equipment will be constructed;

Hazardous characteristics of the waste or wastes to be managed;

For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:

For underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and

Design considerations to ensure that tank:

Ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation;

Before covering, enclosing, or placing a new tank system or component in use, have the tank system inspected by an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, for the presence of any of the following items:

Remedy all discrepancies detected in the inspection required by §B(4)(b) of this regulation before the tank system is covered, closed, or placed in use;

Underground tanks that cannot be entered for inspection, by January 12, 1987;

Underground tanks that can be entered for inspection, within 2 years after July 1, 1993; or

Not underground tanks, within 2 years after July 1, 1993;

Within 8 years of January 12, 1987, if the age of the facility is 7 years or less; or

If the age of the facility is greater than 7 years, within 2 years after January 12, 1987, or the time the facility becomes 15 years old, whichever comes later;

Within 8 years of July 1, 1993, if the age of the facility is 7 years or less; or

If the age of the facility is greater than 7 years, within 2 years after July 1, 1993, or the time the facility becomes 15 years old, whichever comes later;

Designed or operated to contain 100 percent of the capacity of the largest tank within the boundary of the liner system;

Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration and the additional capacity is sufficient to contain precipitation from a 25-year, 24-hour rainfall event;

Free of cracks or gaps; and

Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank or tanks (that is, capable of preventing lateral as well as vertical migration of the waste);

Designed or operated to contain 100 percent of the capacity of the largest tank within the boundary of the vault system;

Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration, and the additional capacity is sufficient to contain precipitation from a 25-year, 24-hour rainfall event;

Constructed with chemical-resistant water stops in place at any joints;

Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the material of construction of the vault;

Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets the definition of ignitable waste under COMAR 26.13.02.11, or meets the definition of reactive waste under COMAR 26.13.02.13, and may form an ignitable or explosive vapor; and

Provided with an exterior moisture barrier or are otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure;

Designed as an integral structure, with an inner tank completely enveloped within an outer shell, so that any release from the inner tank is contained by the outer shell;

Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and

Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Secretary, and the Secretary concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours.

The schedule and procedure for the assessment is adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks;

Stored waste is removed from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed; and

The frequency of the assessment is based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection, and the characteristics of the waste being stored or treated;

Cannot be entered for inspection for which construction began after July 14, 1986; or

Can be entered for inspection for which construction began after July 1, 1993.

The physical and chemical characteristics of the waste in the tank system, including its potential for migration;

The hydrogeological characteristics of the facility and surrounding land;

The potential for health risks caused by human exposure to waste constituents;

The potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

The persistence and permanence of the potential adverse effects;

Quantity and quality of ground water and the direction of ground water flow;

Proximity and withdrawal rates of ground water users;

Current and future uses of ground water in the area; and

Existing quality of ground water, including other sources of contamination and the cumulative impact of other sources of contamination on the ground water quality;

Quantity and quality of ground water and the direction of ground water flow;

Patterns of rainfall in the region;

Proximity of the tank system to surface waters;

Current and future uses of surface waters in the area and water quality standards established for those surface waters; and

Existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; and

Patterns of rainfall in the region; and

Current and future uses of the surrounding land.

For existing tank systems, at least 24 months before the date that secondary containment shall be provided in accordance with Regulation .10-4A of this chapter; or

For new tank systems, at least 30 days before entering into a contract for installation;

If the release was from the tank system, remove all waste within 24 hours after detection of the leak or, if the owner or operator demonstrates that doing so is not possible, remove at the earliest practicable time as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system; and

If the material was released to a secondary containment system, remove all released materials within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment;

Act to prevent further migration of the leak or spill to soils or surface water; and

Remove, and properly dispose of, any visible contamination of the soil or surface water;

Report to the Secretary any release to the environment within 24 hours of the release's detection; and

Submit to the Secretary within 30 days of detection of a release to the environment, a report containing the following information:

Close the tank system in accordance with Regulation .10-7 of this chapter unless the owner or operator satisfies the requirements of §A(7)(b)—(d) of this regulation;

If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed, and repairs, if necessary, have been made;

If the cause of the release was a leak from the primary tank system into the secondary containment system, the owner or operator shall repair the tank system before returning it to service;

If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator:

Enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had before the release; and

Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and

Plan for complying with §A of this regulation; and

Contingent plan for complying with §C of this regulation;

At least 60 centimeters (2 feet) of freeboard; or

An amount of freeboard other than 60 centimeters based on documentation acceptable to the Secretary that the specified amount of the freeboard will prevent overtopping. The amount of freeboard approved by the Secretary shall be specified in the permit.

May exempt the owner or operator from the requirements of §B(3)of this regulation if the Secretary finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of the hazardous constituents, as identified in Regulation .06-1B of this chapter, into the ground water or surface water at any future time; and

Shall, in deciding whether to grant an exemption, consider:

Perennial woody plants with root systems which could displace the earthen materials upon which the structural integrity of the dike is dependent; and

Burrowing mammals which could remove earthen materials upon which the structural integrity of the dike is dependent or create leaks through burrows in the dike.

With:

Above the water table, which may be controlled to comply with this requirement, to ensure the detection of any discharge of waste or leachate through the liner system in contact with the waste, prevent the discharge of ground water to the leachate detection, collection, and removal system, and to preserve the structural integrity of the liner or liners.

The liners and leachate collection system shall protect human health and the environment;

The requirements of this section shall apply with respect to all waste received after the issuance of the permit;

The liner system shall include:

The composite lower liner required by §D(4)(c)(ii) of this regulation shall meet the following requirements:

Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection systems required by §D(4) of this regulation; and

Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the system described in §D-1(1)—(3) of this regulation.

All of the following:

The owner or operator demonstrates that the monofill is located, designed, and operated to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

Constructed of materials which have appropriate chemical properties and strength and of sufficient thickness to prevent failure due to pressure head, physical contact with the waste or leachate to which they are exposed, climatic conditions, and the stress of the installation and daily operations;

Constructed on a foundation capable of providing support to the liner or liners and resistance to the pressure head above the liner or liners to prevent failure of the liner or liners due to settlement, compression, or uplift; and

Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

This section establishes requirements for a leachate collection and removal system that is required to be installed between liners in accordance with §D(4) of this regulation.

The requirements of this section also apply to a leachate collection and removal system that is immediately above the bottom composite liner in a containment system that includes multiple leachate collection and removal systems.

Also a leak detection system; and

Required to be capable of detecting, collecting, and removing leaks.

Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in §D-1(3) of this regulation; and

Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the design and operating practices specified in §D-1(3) of this regulation.

Includes an adequate safety margin, considering:

If exceeded, obligates the owner or operator to respond as specified in §D-3 of this regulation.

Convert the weekly or monthly flow rate from the monitoring data obtained in accordance with §F(5) of this regulation to an average daily flow rate in gallons per acre per day for each sump; and

Unless the Department approves a different calculation:

Develop a response action plan that meets the requirements of §D-3(2) of this regulation; and

Obtain the approval of the Department for the response action plan.

At a minimum describes the actions specified in 40 CFR §264.223(b), except that, in complying with 40 CFR §264.223(b), the owner or operator shall substitute “the Department” for “the Regional Administrator” and

Incorporates the procedures specified in 40 CFR §264.223(c).

During construction or installation, for purposes of this section, liners (except for existing portions of surface impoundments exempt from liner installation) shall include all cover systems, membranes, sheets, and/or coatings.

During construction and installation, liner systems shall be inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, and foreign materials.

Earth material liner systems shall be tested for compaction density, moisture content, and permeability after placement.

Immediately after construction or installation of a liner:

A surface impoundment which contains free liquids at least once each operating day to ensure compliance with §C(1)—(3), of this regulation, and to detect any leaks or other failures of the impoundment; and

Each surface impoundment, including dikes, berms, and vegetation surrounding the dike, at least once a week and after storms to:

The stress of the pressure head of liquids placed into the impoundment;

The weakening effect of earth materials being scoured due to leakage from the impoundment through and under the dike without relying on any liner system; and

The weakening effect of earth materials being scoured due to leakage from the impoundment through and under the dike assuming leaks develop in the liner system.

Comply with the requirements of 40 CFR §264.226(d) concerning the recording of information about removal of liquids from the leak detection sump; and

In complying with 40 CFR §264.226(d), substitute “Secretary” for “Regional Administrator”.

Remove or decontaminate all waste residues, contaminated containment system components (liner, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless COMAR 26.13.02.03D applies, or he shall do §G(1)(b)—(e), of this regulation, if all hazardous waste is not removed or decontaminated;

Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;

Stabilize remaining wastes to a bearing capacity sufficient to support final cover;

Cover the surface impoundment with a final cover designed and constructed to at a minimum:

Apply for a permit pursuant to Regulation .14 and COMAR 26.13.07.

Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;

Maintain and monitor the leak detection system, where such a system is present between double liner systems;

Maintain and monitor the ground water monitoring system and comply with all applicable requirements of Regulations .06—.06-7 of this chapter;

Prevent run-on and run-off from eroding or otherwise damaging the final cover.

The closure plan for the impoundment under Regulation .07C shall include both a plan for complying with §G(1)(a), of this regulation, and a contingency plan for complying with §G(1)(b)—(e), of this regulation, if not all contaminated subsoils can be practicably removed at closure.

The owner or operator shall prepare a contingency post-closure plan under Regulation .07H of this chapter, for complying with §G(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure.

The cost estimates calculated under Regulation .08 for closure and post-closure care of an impoundment subject to this paragraph shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under §G(1)(a) of this regulation.

Immediately shut off flow of or stop the addition of waters into the impoundment;

Immediately contain any leakage which occurred or is occurring;

Immediately cause the leak to be stopped;

If the leak cannot be stopped by any other means, empty the impoundment;

Take any other necessary steps to stop or prevent catastrophic failure; and

Notify the Secretary of the problems within 24 hours after detecting the problem.

A procedure for complying with the requirements of §H(3) of this regulation;

A containment system evaluation and repair plan describing testing and monitoring techniques, procedures to be followed to evaluate the integrity of the containment system in the event of possible failure, a schedule of actions to be taken in the event of a possible failure, and a description of the repair techniques to be used in the event of leakage due to containment system failure or deterioration which does not require the impoundment to be removed from service.

If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity shall be recertified in accordance with §F(3) of this regulation;

If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:

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.

Liquids or materials containing free liquids are not placed in the pile;

The pile is protected from surface water run-on by the structure or in some other manner;

The pile is designed and operated to control dispersal of the waste by wind, when necessary, by means other than wetting; and

The pile does not generate leachate through decomposition or other reactions.

A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner shall be:

A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Secretary will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (1 foot). The leachate collection and removal system shall be:

A containment system which complies with §D of this regulation.

The nature and quantity of the wastes;

The proposed alternate design and operation;

The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and

All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

Install two or more liners and a leachate collection and removal system above and between these liners for each:

Ensure that the liners and leachate collection and removal system meet the requirements of §D of this regulation.

Incorporates two or more liners and a leachate collection and removal system above and between the liners, with the leachate collection and removal system also serving as a leak detection system; and

Is designed, constructed, and operated in accordance with the requirements of 40 CFR §264.251(c)(1)—(5), except that, in meeting these requirements, the owner or operator shall substitute “Secretary” for “Regional Administrator”.

Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in §D(1) of this regulation; and

Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the design and operating practices specified in §D(1) of this regulation.

Includes an adequate safety margin, considering:

If exceeded, obligates the owner or operator to respond as specified in §D-2 of this regulation.

Convert the weekly flow rate from the monitoring data obtained in accordance with §E(3) of this regulation to an average daily flow rate in gallons per acre per day for each sump; and

Unless the Department approves a different calculation, calculate the average daily flow rate for each sump on a weekly basis during the active life and closure period for the unit.

Develop a response action plan that meets the requirements of §D-2(2) of this regulation; and

Obtain the approval of the Department for the response action plan.

At a minimum describes the actions specified in 40 CFR §264.253(b), except that, in complying with 40 CFR §264.253(b), the owner or operator shall substitute “Department” for “Regional Administrator”; and

Incorporates the procedures specified in 40 CFR §264.253(c).

Liner systems and covers for uniformity, damage, and imperfections such as holes, cracks, thin spots, and foreign materials;

Manufactured liner materials and covers, such as membranes, sheets, and coatings, to ensure tight seams and joints and the absence of tears or blisters; and

Soil-based and admixed liners and covers for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

The presence of liquids in leak detection systems, if installed;

Proper functioning of wind dispersal control systems, if present; and

The presence of leachate in and proper functioning of leachate collection and removal systems, if present.

Immediately stop adding wastes to the pile;

Immediately contain any leakage which has or is occurring;

Immediately cause the leak to be stopped; and

If the leak cannot be stopped by another means, remove the waste from the base.

A procedure for complying with the requirements of §F(3) of this regulation; and

A containment system evaluation and repair plan describing:

Repaired; and

Certified by a qualified engineer as meeting the design specifications approved in the permit.

The resulting waste, mixture, or dissolution of materials no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 and .13, and

Regulation .02H of this chapter is complied with; or

Include in the closure plan for the pile under Regulation .07C, of this chapter, both a plan for complying with §I(1), of this regulation, and a contingency plan for complying with §I(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure; and

Prepare a contingency post-closure plan under Regulation .07H, of this chapter, for complying with §I(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure.

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 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.

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.

Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including the:

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 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.

Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and

Improper functioning of wind dispersal control measures.

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.

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.

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:

Animal feed shall be the only food-chain crop produced:

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.

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.

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.

Sample collection;

Sample preservation and shipment;

Analytical procedures; and

Chain of custody control.

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:

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.

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.

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.

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 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:

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:

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

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.

Have a liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at any time during the active life, including the closure period, of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be:

Have a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Secretary will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (1 foot). The leachate collection and removal system shall be:

Be located in a geohydrologic setting which is compatible with hazardous waste land disposal as determined by the Secretary. Compatibility criteria shall include but not be limited to the:

The nature and quantity of the wastes;

The proposed alternate design and operation;

The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface waters; and

All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

The liners and leachate collection systems shall protect human health and the environment;

The liner system shall include:

The upper component of a composite bottom liner shall be designed and constructed to prevent the migration of any constituent into the upper component during the active life of the landfill and the post-closure care period;

The lower component of a composite bottom liner shall be:

The liners shall meet the requirements of §B(1)(a) of this regulation; and

The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained:

Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in §§B(3) and D of this regulation; and

Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the leak detection system required by §D(2) of this regulation.

The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and these wastes do not contain constituents which would render the wastes hazardous for reasons other than exhibiting the toxicity characteristic in COMAR 26.13.02.14 for one or more of EPA hazardous waste numbers D004—D017; and

One of the following applies:

Synthetic liners and covers to ensure tight seams and joints and the absence of tears, punctures, or blisters; and

Soil-based and admixed liners and covers for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover;

Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

The presence of liquids in leak detection systems;

Proper functioning of wind dispersal control system, when present; and

The presence of leachate in and proper functioning of leachate collection and removal systems, when present; and

During the active life and closure period of the landfill, record the amount of liquids removed from each leak detection sump at least once each week; and

After the final cover is installed, record the amount of liquid removed from each leak detection system sump in accordance with the schedule specified in 40 CFR §264.303(c), substituting “Secretary” for “Regional Administrator”.

Also a leak detection system; and

Required to be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period.

Includes an adequate safety margin, considering: