Chapter 04. Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation

Coal Combustion Byproducts.

“Department” means the Department of the Environment.

“Leachate” means liquid that:

“Monitoring plan” means the ground water and surface water monitoring plan described in Regulation .07 of this chapter.

“Monitoring well” means any hole made in the ground to examine ground water.

“Owner” means a person who owns a site or any part of a site.

“Permeability” means the hydraulic conductivity of a media relative to water at standard temperature, unit hydraulic gradient, and a kinematic viscosity of 1.0 centipoise, irrespective of media thickness.

“Permittee” means a person that:

“Person” means an individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, or other entity, or a federal, State, or local government or governmental unit, or any political subdivision of this State or any of its agencies or instrumentalities.

“Pozzolan” has the meaning stated in Environment Article, §15-407, Annotated Code of Maryland.

“Runoff” means any rainwater, leachate, or other liquid that drains over land from any part of a site.

“Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a site.

“Site” means a noncoal surface mine where coal combustion byproducts are used, or are proposed to be used, for reclamation of the surface mine, including areas contiguous to the mine, which are covered by the surface mining permit.

“Sludge” means any solid, semi-solid or liquid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, including sewage sludge but exclusive of the treated effluent from a wastewater treatment plant.

“State” means the State of Maryland.

“TCLP” means Toxicity Characteristic Leaching Procedure.

Coal combustion byproducts may be used in the reclamation of a permitted noncoal surface mine only when approved by the Department.

The Department shall review and approve the use as part of a permit review or permit modification in accordance with this chapter and in accordance with the applicable provisions of Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and COMAR 26.21.

Flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods that are generated by the combustion of coal may not be used in the reclamation of a noncoal surface mine.

The use of coal combustion byproducts in the reclamation of a noncoal surface mine shall be designed to prevent the degradation of water quality.

Coal combustion byproducts containing a constituent at a level exceeding the TCLP toxicity limits defined in 40 CFR §261.24 may not be used in the reclamation of a noncoal surface mine.

To minimize leachate generation, coal combustion byproducts used in noncoal surface mine reclamation shall be placed in layers and compacted to at least 90 percent of its maximum dry density based on ASTM D698 (Standard Proctor), or to a permeability of less than 10-5 centimeters/second. Thickness of each layer may not be greater than 12 inches.

Final grade of a site after reclamation may not exceed approximate pre-mining contours at the site, except where post-mining land use requires minimal variation and is approved by the Department.

Coal combustion byproducts may not be placed in ground or surface waters and may not be placed within 3 feet of the maximum expected ground water elevation at the site, unless the Department approves otherwise upon a demonstration that ground water contamination will not occur.

The area of exposed coal combustion byproducts at a site shall be minimized and may not exceed 5 acres unless approved by the Department.

Coal combustion byproducts at a site shall be immediately placed and compacted and may not be stockpiled.

If placement of coal combustion byproducts is halted for more than 15 days, the coal combustion byproducts shall be covered to prevent infiltration of ground or surface water.

Adequate measures shall be taken to minimize dust at a site as follows:

Only coal combustion byproducts obtained from sources approved by the Department may be used at a site.

Coal combustion byproducts may not be placed within 200 feet of any lands not owned by the permittee or owner.

A permittee shall implement an erosion and sediment control plan that satisfies the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.17.01.

A permittee shall provide a minimum of two upgradient and two downgradient monitoring wells at a site. The Department may require additional monitoring wells based upon site conditions. Monitoring wells shall be constructed and installed by a State-licensed well driller in accordance with COMAR 26.04.04. The well screen or slotted casing shall extend from the seasonally high water table downward a minimum of 15 feet.

A permittee shall comply with all other permits and approvals required by the Department.

A completed and signed application on a form provided by the Department;

A comprehensive physical and chemical description of the coal combustion byproducts to be used for reclamation at the site, including:

A topographic map which is an accurate depiction of the site at the time the application is filed, prepared to a scale not smaller than 1 inch equals 100 feet, which depicts the property boundaries, on-site buildings and structures, and obvious surficial features, including but not limited to:

A discussion of the geologic formations directly underlying and in close proximity to the site;

Ground water elevation data from the site and a prediction of the maximum expected ground water elevation at the site, including an explanation of how the ground water elevation estimates were derived;

Geologic cross sections of the site in sufficient detail and orientation to clearly identify subsurface conditions;

Representative background ground water quality data from monitoring wells identified by the Department for the parameters set forth in Table I in Regulation 07A of this regulation, or other parameters required by the Department;

Test boring logs, well completion reports, piezometric measurements, chemical or physical soil analyses, or both, and accompanying geotechnical analyses;

A description of how coal combustion byproducts will be placed, including a detailed description of fill construction and phasing;

A map or drawing depicting the initial and final grades of the site after completion of coal combustion byproduct placement;

A discussion of the projected future use of the site;

The volume and type of available cover material to be used;

Means of controlling access to the site;

Proposed operating procedures, including:

Methods of controlling runoff or run-on to the site and a detailed description of the sediment and erosion control system to be implemented, which shall satisfy the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.09.01;

A description of proposed methods of covering and stabilizing completed areas;

A description, including flow diagrams, of the processes generating leachate, including raw materials, intermediate byproducts, final products, and process streams;

A description of the design features and systems intended to protect ground water from leachate, including a detailed description of the proposed liner and leachate collection system;

A discussion as to how leachate will be collected, removed from the site, and ultimately disposed of;

A description of quality assurance/quality control protocols;

A monitoring plan as described in Regulation .07 of this chapter; and

Other information as may be required by the Department.

A list of the parameters to be analyzed and their detection limits (Practical Quantitation Limits—PQL), which shall include, at a minimum, the following:

A description of analytical methods to be used in the characterization, which is subject to the approval of the Department; and

Other information as may be required by the Department.

The use of coal combustion byproducts in the reclamation of a noncoal surface mine requires the installation of a liner and leachate control and collection system that meets the minimum requirements of this section.

A liner system shall be designed, constructed, and installed to facilitate collection of leachate generated from the coal combustion byproducts to prevent migration of pollutants to the adjacent subsurface soil, ground water, or surface water. The subbase referenced below shall be constructed of natural earthen materials which are excavated from on the site or which are imported from another location, or of a synthetic or manufactured membrane material. The liner system shall be:

A leachate collection and removal system, located immediately above the liner shall be designed, constructed, maintained, and operated to collect and remove leachate generated from the coal combustion byproducts. The leachate collection and removal system shall be:

A description of a system for monitoring the quality of the waters of the State around and beneath the site, including:

A schedule for the frequency of the analyses;

A description of sampling and analyses procedures;

A list of parameters to be monitored;

A schedule of reporting periods; and

Other information as the Department may require.

A permittee shall submit to the Department a report on water quality on at least a quarterly basis, or at such other times as outlined in the approved monitoring plan, containing summary and interpretative discussion of all analyses of the chemical quality of ground water from all of the monitoring wells and all of the surface water monitoring points specified in the approved monitoring plan.

The quarterly report on water quality shall be submitted to the Department within 30 days of the close of each quarter unless an alternative schedule is specified in the approved monitoring plan.

Sampling shall occur monthly unless an alternative schedule is included in the approved monitoring plan.

A permittee shall arrange for a qualified ground water scientist to sample, or to oversee qualified environmental technicians who sample, the monitoring wells.

The parameters to be measured and their Practical Quantitation Limits (PQL) are listed in Table I of this regulation. The Department may require and approve an alternative or additional list of parameters or an alternative PQL for any parameter.

The sampling, sample handling, analyses and reporting of analytical parameters shall be performed in accordance with the approved monitoring plan.

A permittee shall arrange for a qualified independent laboratory or which is otherwise acceptable to the Department to perform the analyses.

A permittee shall arrange for a qualified ground water scientist or professional to evaluate the results and advise the permittee of any changes in water quality or any exceedance of a State or federal drinking water or ground water quality standard.

A permittee shall include a complete copy of the laboratory data, and the qualified ground water scientist or professional's interpretive findings in each report.

If analytical results from samples collected from any sources associated with a site or surrounding properties exceed a State or federal drinking water or ground water quality standard for the first time, a permittee shall notify the Department within 24 hours of receipt of the analytical data detecting the occurrence. Thereafter, if there is a significant increase above a State or federal drinking water or ground water quality standard, a permittee shall notify the Department within 24 hours of receipt of the analytical data detecting this occurrence.

Upon detection of the exceedance of a State or federal drinking water or ground water quality standard for the first time, a permittee shall immediately resample each monitoring point in which the standard was exceeded to verify the initial detection. This resampling shall occur as soon as possible. If circumstances make immediate resampling impossible, the permittee shall notify the Department of the circumstances, and the Department may approve a longer period for resampling which shall be not later than 30 days following notification of a permittee of the initial exceedance.

If the exceedance continues beyond the 30-day resampling period, a permittee shall submit a noncompliance report to the Department within 5 days, and notify the local health department of the exceedance. The Department may require a permittee to submit a clean up and containment plan or take such other action as it considers necessary to address the exceedance.

All data for each monitoring well shall be summarized and presented in time series format. The data for each monitoring well shall be presented on a chart so that the water quality data for each parameter for each well can be observed simultaneously.

All “J” values shall be reported. “J” values are analytical results that are below the PQL but can be estimated.

Each report on water quality shall include a time series analysis of the data. The historical data from each monitoring well shall be presented in a tabular form in each report. The discussion shall emphasize historical trends in the data.

Each report shall include a status report of the amount of coal combustion byproducts placed to date and within the last quarter, the status of reclamation within the permit area, and a summary of any complaints received within the last quarter.

Each report shall include a TCLP analysis, or other test approved by the Department analyzing the chemical characteristics of the coal combustion byproducts.

The Department may require that a permittee conduct surface water monitoring if streams, springs, or other surface water features are identified.

Based on site conditions, the size and design of the project, and other considerations as determined by the Department, the Department may require other ground water and surface water monitoring requirements it considers necessary to protect public health and the environment.

As each section of the mine reclamation using coal combustion byproducts is completed, the section shall be closed using the minimum design features specified in this regulation, unless otherwise approved by the Department.

Low Permeability Layer. A low permeability cap shall be emplaced over the filled area. The cap material shall consist of synthetic material with a minimum thickness of 20 mil and a maximum permeability of 1 × 10^-10 centimeters/second, or a minimum of 1 foot of clay or other natural fine-grained material having an in-place permeability less than or equal to 1 × 10^-7 centimeters/second. The cap shall be installed with a minimum slope of 4 percent to facilitate drainage of percolate. The cap shall be placed on a bedding that is free of rocks, roots, and other injurious materials.

Drainage Layer. A drainage layer with a minimum thickness of 6 inches shall be emplaced immediately above the low permeability cap. Acceptable drainage layer material shall include clean sand or other natural coarse grained material with an in-place permeability greater than 1 × 10^-3 centimeters/second adequate to remove water from above the low permeability layer sufficiently quickly that the overlying protective layers remain stable. The drainage layer shall be free of materials which may puncture or otherwise jeopardize the integrity of the low permeability cap. Commercially available filter fabrics, when used in conjunction with synthetic drainage blankets, may serve instead of the fine material, provided that the Department reviews and approves the selected materials and design configuration.

Soil Cover. A final earthen cover shall be placed over the drainage layer. The minimum cover thickness shall be 2 feet. The minimum cover slope shall be 4 percent to facilitate surface drainage from the site. The cover material shall contain sufficient organic material and nutrients to sustain a vegetative cover over time. Topsoil, or topsoil created using sewage sludge, and less select soils as authorized by COMAR 26.04.06, shall constitute acceptable final cover.

Vegetative Stabilization. Within 30 days after the final earthen cover has been installed, the area shall be vegetatively stabilized using a perennial cover species as specified in the mining and reclamation plan.

Observation of the cover at the site;

Notation of any drainage irregularities or signs of erosion of the cover;

Notation of any surface expressions of leachate at the site; and

Checking the status of the monitoring wells.

A permittee shall conduct ground water and surface water monitoring in accordance with the monitoring plan under Regulation .07 of this chapter for a period of at least 5 years following closure of a site.

The time period specified under §F(1) of this regulation may be extended by the Department: