Applicability. This regulation applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as Regulation .01 of this chapter otherwise provides. An owner or operator of a surface impoundment subject to this regulation shall comply with the following: COMAR 26.13.05.11C(2), concerning freeboard, except as provided in §C of this regulation; COMAR 26.13.05.11D(1), concerning protective covers for earthen dikes; COMAR 26.13.05.11E, concerning waste analysis and trial test; COMAR 26.13.05.11G(1) and (2), concerning closure and post-closure care, except that the owner or operator: Shall, for the purposes of COMAR 26.13.05.11G(2), comply with the post-closure requirements of Regulations .12—.15 of this chapter instead of the requirements of COMAR 26.13.05.07G; Is not required to comply with the requirement of COMAR 26.13.05.11G(2)(b) to maintain and monitor the leak detection system; and Shall, for the purposes of compliance with COMAR 26.13.05.11G(2)(c), comply with the ground water monitoring requirements of Regulation .06 of this chapter instead of the requirements of COMAR 26.13.05.06—.06-7; COMAR 26.13.05.11I, concerning ignitable or reactive wastes, except that the owner or operator may also place ignitable or reactive waste in a surface impoundment if the owner or operator: Manages the waste in such a way that it is protected from any material or conditions which may cause it to ignite or react; Obtains a certification from a qualified chemist or engineer that, to the best of the chemist's or engineer's knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and Maintains, at the facility, the certification required by §B(5)(b) of this regulation and the basis for the certification; and COMAR 26.13.05.11J, concerning incompatible wastes. Alternate Requirements Concerning Freeboard. The owner or operator: May maintain a freeboard level less than 60 centimeters (2 feet) in a surface impoundment if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of the engineer's knowledge and opinion, prevent overtopping of the dike; and Shall, if the owner or operator maintains a freeboard level of less than 60 centimeters, maintain at the facility: The certification required by §C(1) of this regulation; and Written identification of alternate design features or operating plans which will prevent overtopping. Design Requirements. This section applies to each new surface impoundment unit, replacement of an existing surface impoundment unit, or lateral expansion of an existing surface impoundment unit that is within the area identified in the part A permit application, which receives hazardous waste on or after May 8, 1985. The owner or operator of a unit identified in §D(1) of this regulation shall install two or more liners and a leachate collection system between the liners in accordance with the requirements of COMAR 26.13.05.11D(4)—(8) and D-1. Notification. The owner or operator of each unit referred to in §D(1) of this regulation shall notify the Secretary in writing at least 60 days before receiving waste into the unit. Persons submitting a written notice under §E(1) of this regulation shall file a part B application with the Department within 6 months of the date that the Secretary receives the written notice. Liner and Leachate Collection System Requirements for Initial Permits. Except as provided in §F(2) of this regulation, the Secretary, when issuing the first permit to a facility for a unit subject to this regulation, may not require the installation of a liner or leachate collection system different from that which was installed under §D(2) of this regulation if the owner or operator performed the installation in good faith compliance with: The requirements of §D(2) of this regulation; and Guidance documents governing liners and leachate collection systems under §D(2) of this regulation that have been issued by the Department or the U.S. Environmental Protection Agency, and which were the latest guidance at the time of installation of the system. The Secretary may require the installation of a new liner if the Secretary has reason to believe that a liner installed in response to the requirements of §D(2) of this regulation is leaking. Action Leakage Rate and Response Actions. This section applies to the owner or operator of a surface impoundment unit identified in 40 CFR >S1>265.221(a). The owner or operator shall: Comply with the requirements of 40 CFR §265.222 and 40 CFR §265.223, subject to §F-1(2)(b) of this regulation; and In complying with 40 CFR §265.222 and 40 CFR §265.223, substitute “Secretary” for “Regional Administrator”. Inspections. The owner or operator of a surface impoundment shall: Inspect, at least once each operating day: The freeboard level to ensure compliance with COMAR 26.13.05.11C(2); or The compliance with alternate design features or operating plans that serve to prevent overtopping if freeboard is allowed to be less than 60 centimeters in accordance with §C of this regulation; Inspect, at least once a week, the surface impoundment, including dikes and vegetation surrounding the dikes, to detect any leaks, deterioration, or failures in the impoundment; Comply with the requirements of 40 CFR §265.226(b) concerning the recording of information about the removal of liquids from leak detection system sumps, subject to §G(4) of this regulation; and In complying with 40 CFR §265.226(b), substitute “Secretary” for “Regional Administrator”. Compliance Schedule — Newly Regulated Impoundments. The owner or operator of a surface impoundment that is newly subject to §3005(j)(1) of RCRA due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall assure that the surface impoundment is in compliance with §D of this regulation not later than 48 months after the promulgation of the additional listing or characteristic. The compliance period of §H(1) of this regulation may not be cut short as a result of the promulgation of land disposal restrictions under 40 CFR Part 268 or the granting of an extension to the effective date of a prohibition under 40 CFR §268.5 within the 48-month period identified in §H(1) of this regulation.