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Chapter 09. Land Disposal Restrictions

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Regulation .01 Purpose and Scope.Copy Citation

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This chapter:
A.
Identifies certain requirements associated with the management of hazardous wastes that are to be land disposed;
B.
Applies to:
(1)
Generators of hazardous waste;
(2)
Transporters of hazardous waste;
(3)
Owners and operators of hazardous waste facilities; and
(4)
Reverse distributors; and
C.
Does not apply to a hazardous waste that is listed in COMAR 26.13.02.16—.19 but is not listed in 40 CFR §§261.30—261.34, unless the waste:
(1)
Exhibits a characteristic of hazardous waste; or
(2)
Is otherwise subject to the requirements identified in Regulation .03 of this chapter.

Regulation .02 Definitions.Copy Citation

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A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Prohibited characteristic” means a characteristic of hazardous waste identified under COMAR 26.13.02.08 that will cause a solid waste to become a prohibited waste if the waste exhibits that characteristic.
(2)
“Prohibited waste” means a hazardous waste that either:
(a)
Is prohibited from land disposal by this chapter; or
(b)
May be land disposed despite not meeting a treatment standard established by this chapter because of an exemption granted:
(i)
Under this chapter; or
(ii)
By EPA under 40 CFR Part 268.
(3)
“Restricted waste” means a hazardous waste for which restrictions on land disposal are established by this chapter.

Regulation .03 Specific Requirements.Copy Citation

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A.
As qualified by §B of this regulation, a hazardous waste generator, a hazardous waste transporter, and an owner or operator of a hazardous waste facility shall comply with the requirements of 40 CFR Part 268.
B.
In complying with 40 CFR Part 268, a person shall:
(1)
Substitute “Secretary” for “Administrator” and “Regional Administrator”, except in:
(a)
40 CFR §268.5, which relates to case-by-case extensions of effective dates;
(b)
40 CFR §268.6, which relates to petitions to allow land disposal of certain prohibited wastes;
(c)
40 CFR §268.13, which relates to deadlines imposed on EPA;
(d)
40 CFR §268.40(b) and 40 CFR §268.42(b), which relate to approval of alternate treatment methods; and
(e)
40 CFR §268.44(a)—(g), which relate to approvals of variances from treatment standards;
(2)
Substitute “Department” for “EPA”, except when “EPA” is being used as a modifier, as in “EPA Publication”, or “EPA Hazardous Waste Number”;
(3)
Interpret the terms “prohibited characteristic”, “prohibited waste”, and “restricted waste” to have the meanings given in Regulation .02B of this chapter; and
(4)
Refer to the table in COMAR 26.13.01.05B(2) to identify references to provisions in COMAR that should be substituted for corresponding references to federal regulations that are made in 40 CFR Part 268.
Chapter annotations
Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
History: Effective date: January 13, 2022 (49:1 Md. R. 14)
History: Regulation .01 amended effective October 1, 2025 (52:17 Md. R. 876)