Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Snbtillc 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES 

Chaplet· 116 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, 

tm·a~ \ and Disposal Facilities 

Authority: l·.nvironmcnt Article. Title 7. Suhtitlc 2. Annotutcd Code ol' Muryland 

.OJ Gl•nual. 

A. Purpose, Scope, and Applicability. 

hazardous 

(I} The 

waste 

purpose of this charter is to establish mmunum State standards, which define the acccrtable management of' 

during the period of interim status. and until: 

(a) Certification of lin at closure under Regulations .07-.11 of this chapter: 

(b l Post-closure requirements under Regulations .12-.1 5 of this chapter arc met, if those requirements apply: or 

(c) A /ina I CIIS permit is issued under COMAR 26.13.07. 

operntors 

(2) Excepl 

of 

as provided in COMAR 26. 13.02.05 or as otherwise provided in this chapter, this chapter applies to owners anti 

the following hazardous waste management facilities that treat. store, or dispose of hazardous waste: 

requirem

(a) Facilities in existence on the effective date of statutory or regulatory amendments that render the fac ility subject to the 

ent to have a CHS permit tor which the owner or operator has complied with §B(l) of this regulation: 

notification 

(b) Facilities in existence on November 19, 1980. for which the owner or operator has failed to provide timely 

regulation

as required by §30 I O(a) of RCRA or to file part A of the CHS permit application as required by §B( I) and (2) of this 

; 

Hazardous 

(c) Facilities that were previously required, because of federal regulations promulgated under the authority of the 

and Solid Waste Amendments of 1984, to meet the requirements for interim status under 40 CFR 265 and 270: 

COMAR 

(d) 

26.13.10.

As speci

2

fied in CO MAR 26. 13.1 0.30, Jacilities that store military munitipns classified as a solid waste under 

7B: and 

(c) Facilities that provide the treatment and disposal of hazardous waste military munitions. 

requ

(3) This chapter applies to owners and operators of hazardous waste management facilities who are subject to the 

irements of §8 of this regulation and fail to comply with these requirements. 

(4) The requirements of this chapter do not apply to: 

Protection, 

(a) 

Res

A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine 

earch, and Sanctuaries Act; 

solid waste, 

(b) The owner or operator of a facility pem1itted, licensed, or registered by the State to manage municipal or industrial 

COMAR 26.13.02.05; 

if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this chapter by 

except 

(c) The owner or operator of a facility managing recyclable materials described in COMAR 26. 13.02.06A(2) and (3), 

to the extent that the requirements of this chapter are referred to in CO MAR 26.13.1 0.0 I, .03, and .04; 

COMAR 

(d) 

26.

A 

13

generator accumulating waste on-site in compliance with COMAR 26.13.03.05E, except to the extent that 

.03.05£ requires the generator to comply with the requirements of this chapter; 

(e) A fanner disposing of waste pesticides from the fam1er's own use in compliance with COMAR 26.13.03.07-4; 

(f) The owner or operator of a totally enclosed treatment facility as defined in CO MAR 26.13.0 1.03B(81 ): 

26.13.0 

(g) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in COMAR 

J .03B, unless the unit is used to treat waste from off-site; 

26.1 3.06 Page I 

Effective as ofNovember 12. 2010 
DEPARTMENT or: TilE ENVIRONMENT 

2h.IJ.06.01 

(h) Except as provided in *A(5) or this regulation. a person engaged in treatment or containment activities during 

immediate response to any or the lilllowing situations. il' the person complies with the otherwise applicable requirements ol' 

Regulations .03 and .0-1 of this chapter: 

(i} A discharge ora hazardous waste. 

(ii l An imminent and substantial threat or a discharge or n hazardous waste. 

(ii i) A discharge ora muterial which. when discharged, becomes a hazardous waste, or 

(iv} An immediate threat to human health, public satcty. property. or the environment. from the known or suspected 

presence of conventional military munitions. other explosive material. or an explosive device. as dctem1incd by an explosive or 

munitions emergency resronse specialist liS defined in CO MAR 26.13.0 1.038; 

(i} The owner or orerator of a rublicly owned treatment works (POTW) which treats, stores. or disposes of hazardous 

waste; 

(j) Universal waste handlers and universal waste transporters handling the following wastes: 

(i} Batteries. as described in CO MAR 26.13.1 0.07; 

(ii) Pesticides. as described in CO MAR 26.13.1 0.08; and 

(iii) Lamps, mcrcmy-containing equipment. or PCB-containing lamp ballasts, each as described in COMAR 

26.13.1 0.09; or 

with; 

(k) The addition of absorbent material to a waste container or the addition of waste to absorbent in a container. if: 

(i} The combining of waste and absorbent occurs when waste is first placed in the container; 

(ii) COMAR 26.13.05.021-1(2}. which concerns requirements for ignitable. reactive, or incompatible waste, is complied 

(iii) CO MAR 26.13.05.09B. which concerns condition of containers. is complied with; and 

(iv) CO MAR 26.13.05.09C, which concerns compatibility of waste with containers, is complied with. 

(5) Clarifications Concerning Responses to Emergencies. 

(a) The exemption under *A(4)(h) of this regulation applies only to immediate response activities taken in response to the 

circumstances identified in §A(4)(h)(i)- (iv) of this regulation. After the immediate response activities arc completed , the 

applicable regulations of this chapter and CO MAR 26.13.07 apply fully to the management of any spill residue or debris which is 

a hazardous waste under COMAR 26.13.02. 

(b) In the case of an explosives or munitions emergency response, if a federal. State, tribal, or local official acting within 

the scope of that individual's official responsibilities, or an explosives or munitions emergency response specialist, determines 

that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist 

may authorize the removal of the material or waste: 

(i) By transporters who do not have EPA identification numbers: 

(ii) By transporters who have not been issued a certificate under CO MAR 26.13.04.0 I C and f; and 

(iii) Without the preparation of a manifest. 

(c) In the case of emergencies involving militaty munitions. the responding military emergency response specialist's 

organizational unit shall retain records for 3 years identifying: 

(i) The dates of the response; 

(ii) The responsible persons responding; 

(iii) The type and description of material addressed; and 

(iv) The final disposition of the material addressed in lhe emergency. 

26.13.06 Page 2 

Effective as ofNovember 12. 2010 

f 
DISPOSAl. OF CONTROLLED IIAZARDOUS SUBSTANt'ES 

:?.6.13.0h.O I 

F0:!7 

(6) 

at a 

A 

l:tcility 

person 

subject 

may not manage hazardous waste with EPA Hazardous Waste Number FO:!O. FO:! I. FO:!:!. F023, FO:!(,, or 

tn regulation under this chapter unless: 

systt:m: 

(a) It is a wastewater treatment sludge generated in n surface impoundment as part of a planl's wastcwaler treatment 

(h) The waste is stored in tnnks or containers; 

(c) The waste is stored or treated in waste piles that meet the requirements of: 

(i) COM/\R 26.13.05.12/\(2). and 

(ii) Regulation .20 ol'this chapter; or 

(d) The laci lity has been issued a permit to do so under CO MAR 26.13.07. 

B. Required Submissions. 

waste 

(I) 

management 

Unless the Secretary establishes a later date as provided in §B(3) of this regulation, an owner or operator of a hazardous 

to the requirement 

facility in existence on the effective date of statuto1y or regulatory amendments that render the facility subject 

following two dates: 

to have a C'IIS permit shall submit part A of the permit application to the Department by the earlier or the 

comply 

(a) 

with 

6 

the 

months 

standa

after 

rds 

the publication of the notice of final action on regulations which first require the owner or operator to 

set fot1h in this chapter or CO MAR 26. I 3.1 0; or 

26.13.10. 

(b) 30 days after the date the owner or operator first becomes subject to the standards set forth in this chapter or COMAR 

not yet 

(2) 

filed 

If an 

part 

owner 

B of 

or operator of a hazardous waste management facility has filed part A of a CHS penn it application and has 

Sccrcta1y: 

the C'HS pem1it application, the owner or operator shall file an amended part A application with the 

facility is 

(a) 

treating, 

Not later 

storing, 

than 

or 

the 

disposing 

effective date of regulatory provisions listing or designating additional wastes as hazardous, if the 

of any of these newly listed or designated hazardous wastes; 

(b) As neccssa1y to comply with CO MAR 26.13.07.23C for changes during interim status; or 

(c) By the deadline established under §B(3) of this regulation. 

(3) Extension of Deadlines for Submission of Part A Application. 

existing 

(a) 

hazardous 

The Sccreta1y 

was

may, by publishing a notice in the Ma1yland Register, extend the date by which owners or operators of 

application if the Secreta1y 

te management facilities in a specified class of facilities are required to submit part A of the CHS permit 

finds that: 

a pcnnit application

(i) There 

; 

has 

and 

been substantial confusion as to whether the owners and operators of those facilities were required to fil e 

ambiguities 

(ii) 

in COMAR 

The confusion 

26. L3.01, 

over whether owners and operators were required to file a permit application is the result of 

26.13.02, or this chapter. 

waste management 

(b) The Secretary may, by compliance order, extend the date by which the owner or operator of an existing hazardous 

facility is required to submit part A of the CHS penn it application. 

interim 

(4) 

status 

The owner 

only for 

or 

th

operator 

e wa

of a facility that fails to comply with the updating requirements of §B(2) of this regulation has 

section. 

stes covered by part A CHS permit applications filed in accordance with the requjrements of this 

application 

(5) The 

by 

Secretmy 

a certain deadline. 

may require the owner or operator of a facility operating~ ui1der interim status to file a part B CHS pem1it 

required deadline, or fails 

If the facility owner or operator fails to furnish a requested part B CHS permit application by the 

Sccreta1y may te1minate 

to furnish in full the infommtion required to be included in the pa11 B CHS permit application. the 

interim status under COMAR 26.13.07. 

Environment 

C. lnuninent 

Article

Hazard Action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought under 

, Title 7, Subtitle 2, Annotated Code of Maryland, or other applicable State authority. 

26.13.06 Page 3 

Effective as ofNovember 12. 2010 
DEI'ARTMENT OF TilE ENVIRONMENT 

.112 General FaciWy Sl:mdards. 

A. l:xccpt as provided in ~*B For this rcg.ulalion, the owner or operator of a facility subject to this chapter shall meet the 

requirements ofCOMAR 26.13.05.02. 

H. The requirements or ( 'OMAR 26. 13.05.020 (2)(c)(vi). which concem additional waste analysis requirements, arc not 

appl icable. 

C. In the waste analysis plan, the owner or operator shall specify. when applicable, the methods which will be used to sntisfy 

the additional provisions l(>r waste analysis for specific waste management methods as specified in: 

(I ) ( 'OMA R 26. 13.05. 1 013. with which the owner or operator is required to comply in Regulation .18A of this chapter; 

(2) COMA R 26.13.05.1 I E. with which the owner or operator is required to comply in Regulation .198 of this chapter; 

(3 l ( 'OMAR 26. 13.05. 12C. with which the owner or operator is required to comply in Regulation .20B(2} of this chapter; 

( 4) Regulations .22C and .22F of this chapter; und 

(5) 40 CFR §§265.273, 265.341,265.375. and 265.402, which arc incorporated by reference in Regulations .21A, .23A, 

.24A. and .25A of this chapter, respectively. 

D. Except as provided in ~E of this regulation, an owner or operator shall comply with CO MAR 26.13.05.02F(2)(d). 

E. An owner or operator shall ensure that the inspection schedule required in §D of this regulation includes. at a minimum, the 

items and frequencies called for in: 

(I l CO MAR 26.13.05.09E, with which the owner or operator is required to comply in Regulation .17 of this chapter; 

(2) COMAR 26.13.05.1 OD and .I 0-4. with which the owner or operator is required to comply in Regulation .18A o f this 

~.:haptcr, 

(3) CO MAR 26. 13.05.12E, with which the owner or operator is required to comply in Regulation .208 of this chapter; 

( 4) Regulation .19G of this chapter; and /'~ 

(5) 40 C~R *§265.278. 265.347, 265.377, and 265.402, which arc incorporated by reference in Regulations .2JA, .23A: • 

. 24A, and .25A of this chapter, respectively. 

f. For the purposes of this chapter. an owner or operator: 

(I} May substitute the word "unless" for the words "unless it can be demonstrated to the Secretary" in CO MAR 

26. 13.05.02£( l ); and 

(2) Is not required to comply with COMAR 26.13.05.02H(3) or 1(2), which concern documentation of compliance with 

general requirements for ignitable, reactive, or incompatible wastes, and aisle space requirements, respectively. 

G. Location Standard. The placement of any hazardous waste in a salt dome, salt bed fonnation, or underground mine or cave 

is prohibited . 

• 03 P reparedness a nd Prevention. 

A. Except as provided in §§B and D of this regulation, an owner or operator of a facility subject to this chapter shall comply 

with COMAR 26.13.05.03. 

B. An owner or operator of a facility shall comply with §C of this regulation instead of COMAR 26.13.05.038 during the 

period of interim status. 

C. Facility Operation. The owner or operator shall maintain and operate the facility to minimize the possibility of a fire, 

explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or 

surface water which could threaten human health or the environment. 

D. An owner or operator who is subject to this chapter is not required to make the demonstrations to the Secretary required in 

COMAR 26.13.05.03C and F, concerning required equipment for use in emergencies and required aisle space, respectively . 

. 04 Contingency Pla n and E mergency P rocedm·es. 

A. Except as provided in §8 of this regulation, an owner or operator of a facility subject to this chapter shall comply with 

COMAR 26.13.05.04. 

26. I 3.06 Page 4 

Effective as of November 12, 2010 
c DISI'( IS AI. OF ( 'ONTIH ll .I. ED IIAZARDOlJS SUBSTANC 'ES 

26.1 J.On.OX 

B. For the purposes of this chapter. in COMAR 26.1.Hl5.04E( I). "Facility penni I is revised" is repla~.:cd with "Applicable 

regula lions an~ revised" . 

. 05 Mlmifcst System, Record Keeping, and Reporting. 

A. Exccpl as provided in **B and C or this regulation. the <•wncr or operator of a f:tcility sul~jcct Ill I his chapter shall comply 

with COMAR :Ut.l3.05.05. 

B. For the purpose of complying with this regulation. the owner or operator of a facility subject to this chapter shall: 

(I l In place or the requirement or CO MAR 26.1 3.05.05D(2)(c), record und maintain in the operating. record the results of 

waste analyses. waste dctenninations. and trial tests performed as spccilied in: 

and 

(a) Regulations .02 and .221-' of this chapter. 

(b) ('()MAR 26.13.05.108. with which the owner or operator is required to comply in Regulation .18A of this chapter, 

(c) ('()MAR 26. 13.05.11 E. with which the owner or operator is required to comply in Regulation .198(3) of this chapter, 

(d) CO MAR 26.13.05.1 2C. with which the owner or operator is required to comply in Regulation .20B(2) of this chapter, 

(c) 40 CFR §§265.273, 265.341,265.375, and 265.402, which arc incorporated by reference in Regulations .2 1A, .23B, 

.24A, and .25A of this chapter, respectively; 

(2) Comply with COMAR 26.13.05.05D(2)(g) and F( 4)(i), except that the references to Regulations .12-.15 of this chapter 

arc to Regulation .16 of this chapter; 

(3) In place of the requirement of COMAR 26.13.05.05D(2)(h). record and maintain in the operating record monitoring, 

testing. or analytical data, and corrective action when required by Regulations .02, .06, and .I B-.24 of this chapter; 

(4) Submit with the biennial report required by COMAR 26.13.05.05F monitoring data under 40 CFR §§265.94(a)(2)(ii), 

({r (iii). and (b)(2), which arc incorporated by reference in Regulation .06A of this chapter; and 

~ (5) In place of the requirement of COMAR 26.13.05.05H(4), report to the Secretary as otherwise required by Regulations 

.06 and .19-.22 of this chapter. 

C. The owner or operator of a facility subject to tllis chapter is not required to comply with COMAR 26.13.05.05D(2)(i) . 

. 06 Ground Water Protection. 

A. Except as provided in §B of this regulation, the Department adopts as its regulations the federal regulations at 40 CFR 

§§265.90-265.94, adopted as of July I, 1998, which are incorporated by reference. 

B. For the purposes of this regulation, substitute "Secreta1y" for "Regionnl Administrator" . 

• 07 Closure-General. 

A. Applicability. Except as provided in Regulation .01 ofthis chapter, this regulation and Regulations .08-.11 of this chapter 

apply to the owners and operators of all interim status facilities. 

B. Closure Performance Standard. The owner or operator shall close the facility in a manner that: 

(I) Minimizes the need for further maintenance; 

(2) Controls, minimizes, or eliminates, to the extent nccessaty to protect human health and the environment, post-closure 

escape of hazardous waste, hazardous constituents, leachate. contaminated nm-off, or hazardous waste decomposition products to 

the ground or surface waters or to the atmosphere; and 

(3) Complies with the closure requirements of this chapter, including, but not limited to, those contained in Regulations 

. I 7- .26, .28, and .29 of this chapter . 

. 08 Closure-Amendment of Plan. 

A. Written Plan. The following requirements apply to the owner or operator of an interim status facility: 

(1) By May 19, 1981, or by 6 months after the effective date of the regulation that first subjects a fac ility to the provisions 

of this regulation, the owner or operator shall have a written closure plan; 

26.13.06 Page 5 

Effective as of November 12. 20 I 0 
DEPARTMENT OF TilE ENVIRONMENT 

26.1 :uu •. m: 

(2) Until final closure is completed and certified in <tccordance with Regulation .II of this chapter. the owner or operator 

shu II fum ish a copy or the most current plan to the Seeretmy upon request. including request by mail; and 

(J) For flacilities without approved closure plans. the owner or operator shall provide a copy o r the closure plan during site 

inspections. llll the day or the inspection. to any orliccr. employee. or representative of the Department who is designated by the 

Secretary. 

B. The owner or operator shall assure that the closure plan identifies the steps necessary to perform partial or final closure or 

the fi1cility. or both. at any IKlint during its active lire. 

C. Content or the Closure Plan. The owner or operator shall assure that the closure plan includes. at least: 

(I) 1\ description of how each hazardous waste management unit at the facility will be closed in accordance with §8 of this 

regulation; 

(2) 1\ description of how final c losure of the fac ility will be conducted in accordance with §B of this regulation. which shall 

identify the maximum extent of the operations that will be conducted during interim status during the active life of the facility; 

(3) /\n estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility; 

( 4) A dctai led 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: 

(5} An identification of tbe type or types of the off-site hazardous waste management units to be used, if applicable; 

(6) 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: 

(a) Procedures for cleaning equipment and removing contaminated soils, 

(b) Methods for sampling and testing sun·ounding soils, and 

(c) Criteria for determining the extent of decontamination necessa•y to satisfy the closure performance standard; r"'~ 

(7) A detailed description of other ac!ivitics ncccssa1y during the partial and final closure period to ensure that all partia -, 

closures and final closure satisfy the closure perfonnance standards, including but not limited to ground water monitoring, 

leachate collection, and 1un-on and run-off control; 

(8) A schedule for closure of each hazardous waste management unit, and for final closure of the facility, which includes, at 

a minimum: 

(a) The total time required to close each hazardous waste management unit, and 

(b) The time required for intervening closure activities which will allow tracking of the progress of partial and final 

closure; 

(9) For a landfill unit, as part of the schedule required by §C(8) of this regulation, estimates of the time required to treat or 

dispose of all hazardous waste invent01y, and of the time required to place a final cover; and 

(1 0) An estimate of the expected year of final closure if the facility: 

(a) Uses tmst funds to demonstrate financial assurance under 40 CPR §265.143 or 265.145, which are incorporated by 

reference il1 Regulation .16 of this chapter, and has a remaining operating life that is less than 20 years, or 

(b) Does not have an approved closure plan. 

D. Amendment of Plan. 

(I} The owner or operator may amend the closure plan at any time before the notification of partial or final closure of the 

facility under §E of this regulation. 

(2) An owner or operator with an approved closure plan seeking to amend the plan shall: 

(a) Submit a written request to the Secreta1y to authorize a change to the approved closure plan; and 

(b) 'Include a copy of the amended closure plan with the written request for approval by the Secretary. 

26.13.06 Page 6 

EfTective as ofNovember 12. 2010 
DISPOSAl. OF ( 'ONTIHli.I.EI> IIAi'.ARDOUS SllBSTANCI:S 

(3) The owner or operator slwll arm:nd the closure plan whenever: 

(a) Chan~es in operatin~ plans nr lircility design aflct·t the closure plan; 

(b) There is a dwnge in the expected year ofdosure. if applicable: or 

26. 13.06.0X 

(c) In conducting partial or linal closure activities, um:xpected events require a modification of the closure plan. 

( 4) The owner or operator shall mnend the closure plan: 

(a) At least 60 days before the proposed change in li1eility design or operation: or 

(b) Except as provided in §D(5) of this regulation. not later than 60 days after an unexpected event occurs which has 

artccted the closure plan. 

(5) If un unexpected event occurs during the partial or linul closure period thut requires 3 modification of the closure plan, 

the owner or operator shall amend the closure plan not later than 30 days a tlcr the unexpected event 

(6) The provisions of §0(4) and (5) of this regulation nlso apply to. owners or operators of surface impoundments and waste 

piles who intended to remove all hazardous wastes at closure, but arc required to close as landfills in accordance with Regulation 

.22B(3) of this chapter. 

(7} An owner or operator with an approved closure plan shall submit a modified plan to the Secretaty: 

(a) At least 60 days before the proposed change in facility design or operation: or 

(bl Except as provided in §D(~} of this regulation. not more than 60 days after an unexpected event occurs which has 

aflcctcd the closure plan. 

(S) If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the 

modified plan not more than 30 days after the unexpected even!. 

(9) The provisions of §0(7) and (8} of this regulation also apply to owners or operators of surface impoundments and waste 

piles who intended to remove all hazardous wastes at closure but arc required to close as landfills in accordance with Regulation 

.228(3} of th is chapter. Unless the amendment to the plan is a minor modification according to the criteria in COMAR 

26.13.07.13- .13-3, the request for modification will be processed according to the procedures in §E{8), (9), and (10) of this 

regulation. 

(I 0) Modifications at the Request of the SccrctaJy. 

(a) The Secreta1y may request modifications to the closure plan under the conditions described in §D(3) of this 

regulation. 

(b) An owner or operator with an approved closure plan shall submit the modified plan within 60 days of tbe request 

from the Secretary, or within 30 days if the Secretary has made the request as a result of an unexpected event occulTing during 

partial or final closure. 

(c) Unless the amendment to the plan is a minor modification according to the criteria in COMAR 26.13.07.13-.13-3, 

the request for modification will be processed according to the procedures in §D(8), (9), and (I 0) of this regulation. 

E. Notification of Partial Closure and Final Closure. 

(I} The owner or operator of a facility without an approved closure plan shall submit the closure plan to the Secreta1y at 

least: 

(a) 180 days before the date on which the owner or operator expects to begin closure of the first surface impoundment, 

waste pile, land treatment unit, or landfill unit; 

(b) 180 days before the date on which the owner or operator expects to begin final closure if it involves a surface 

impoundment, waste pile, land treatment unit, or landfill unit; 

(c) 45 days before the date on which the owner or operator expects to begin partial or final closure of a boiler or 

industrial furnace; and 

(d) 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, 

container storage, or incinerator units. 

26.13.06 Page 7 

Effective as of November 12, 2010 
DEI'ARTMENT OF Ti lE ENVIRONMENT 

2h.l3.06.01\ 

(::!) An owner or operator with an approved closure plan shall notiry the Secretary in wriling. at least: 

(a) 60 days before the date on which the owner or operator expects to begin closure of a surface impoundment. waste 

pile. landfill. or hmd treatment unit: 

(b) (,()days before the date on whid1 the owner or upcrator expects to begin final closure of a facility involving a su rfl1ce 

impoundment. wusle pile. hmdlill. or land treatment unit; 

(c) 4.'\ days before lhc date on which the owner or operator expects lo begin partinl or final closure or n boiler or 

industrial furnace: and 

(d) 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, 

container ston1gc, or incinerator units. 

(3) ror the purposes of §E(l) and (2) of this regulation. the date when the owner or operator expects to begin partial or final 

closure shall be: 

(a) Within 30 days after the date on which any hazardous waste manngcmcnl unit receives the known final volume of 

hazardous wastes: 

(b) Not later than I year after the date on which the hazardous waste management unit received the most recent volume 

of hazardous waste. if there is a reasonable possibility that the unit will receive additional hazardous wastes, or by a later deadline 

established by the Secretary under §E(4) of this regulation; or 

(c) As provided in §E(5) of this regulation. 

(4) The Secretary may approve an extension to the 1-ycat' limit in §E(3)(b) of this regulation if the owner or operator of the 

facility can demonstrate to the Secretary that: 

(a) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes; and 

(b) The owner or operator of the facility has taken, and will continue to take, all steps to prevent threats to human health 

and the environment, including compliance with all interim status requirements. 0 

(5) If an owner or operator of a facility has been allowed to receive non-hazardous wastes in a landfill, land treatment unit, 

or surface impoundment unit after the final receipt of hazardous waste as provided by Regulation .09H of this chapter, the date 

when the owner or operator expects to begin closure for the purposes of §E( I) and (2) of this regulation shall be not later than: 

(a) 30 days after the date on which the hazardous waste management unit receives the known final volume of nonhazardous wastes; or 

(b) I year after the date on which the tmit received the most recent volume of non-hazardous waste, if there is a 

reasonable possibility that the unit will receive additional non-hazardous wastes, or by a later deadline established by the 

Secretary under §E(6) of this regulation. 

(6) The Secretary may approve an extension to the !-year limit in §E(S)(b) of this regulation if the owner or operator of the 

facility can demonstrate to the Secretary that: 

(a) The hazardous waste management tmit has the capacity to receive additional non-hazardous wastes; and 

(b) The owner or operator of the facility has taken, and will continue to take, all steps to prevent threats to human health 

and the environment, including compliance with all applicable interim status requirements. 

(7) The owner or operator of the facility shall submit the closure plan to the Secretaty not later than 15 days after: 

(a) Termination of interim status except when a petmit is issued simultaneously with termination of interim status; or 

(b) Issuance of a judicial decree or final order under §3008 of RCRA or Environment Article. Title 7, Subtitle 2, 

Atmotated Code of Maryland, to cease receiving hazardous wastes or close. 

(8) Following submission of the closure plan by the owner or operator of the facility, or written notification of intent to 

begin closure under §E( l) or (2) of this regulation, the Secretary shall provide the owner or operator of the facility and the public, 

through a newspaper notice, the opportunity to do any of the following for up to 30 days from the date of the newspaper notice: 

(a) Submit written comments on the closure plan; 

(b) Request modifications to the closure plan; or 

26.13.06 Page 8 

Effective as of November 12, 2010 
DIS I'< >SAl. OF CONTIWl.I.ED IIAZARDOllS SUBSTANCES 

(c) Rcqucsl a puhli~: hem·inJ.! on !he closure plan. 

(IJ) Publk llearing.. 

26.1 :ulC •. o<> 

concerning 

(a) 

a 

In 

closure 

rcsp<mse 

plan

loa rcqucsl. I he Sccrelary shall hold a public hearing whenever 11 hearing might clarifY one or more issues 

. 

(b) In the absence or n requcsl I(H· a public hearing. :1 hearing may be scheduled at !he Secrelary's discretion. 

(c) The Sccrclary shall give public notice ofthc hearing at least 30 days before the hearing occurs. 

wrinen co

(d) 

mments. 

Public notice o f the hearing may be given at the same time as notice of the opportunity for the public to submit 

;md the t\VO notices may be combined. 

( 10) Secretarial Approval. Modification. or Disapproval of Closure Plan. 

(a) The Sccretmy shall approve. modify. or disapprove the plan within 90 days of the receipt of the plan. 

statemen

(b) If the Secretary docs nol approve the clowre plan, the Secretary shall give the owner or operator a detailed written 

t of reasons for the refusal. 

the wriuen 

(c) The owner or operator shall modify the closure plan or submit a new plan for approval within 30 days after receiving 

statement provided under §E( I O)(b) of this regulation. 

writing wi

(d) 

thin 

The 

60 

Secretary 

days. 

shall approve or modify the new or revised closure plan submitted under §E(IO)(c) of this regulation in 

If the Secretary modifies the closure plan, this modified closure plan becomes the approved closure plan. 

chapter, 

(c) 

the 

The 

applicable 

Secretary shall assure that the approved closure plan is consistent with Regulations .078 and .08- .1 I of this 

§§265.2go, 265.35 1

requirements of Regulations .06 .. I 80, . 198(4), .208(6), .228(3), .28, and .29 of this chapter, and 40 CFR 

this chapter. respec

, 265 .3~1. and 265.404. which arc incorporated by reference in Regulations .21A, .23B, .24A. and .25A of 

tively. 

the modifica

(f) If the Secretary modifies the closure plan. a copy of the modified closure plan with a detailed statement of reasons for 

tions shall be mailed to the owner or operator. 

operator 

(I I) 

fi·om 

Removal 

remov

of Wastes and Decontamination or Dismantling of Equipment. This regulation does not preclude the owner or 

or final closure p

ing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial 

lan at any time before or after notification of partial or final closure . 

. 09 Closure - Time Allowed for Closure. 

unit 

A. 

or 

Bef

facility. 

ore the 

or 

l

dispose 

ater of the fo llowing two dates, the owner or operator shall treat. remove from the hazardous waste management 

of on-site, all hazardous wastes in accordance with the approved closure plan: 

(I) 90 days after receiving the final volume of: 

(a) Hazardous wastes, or 

(b) Non-hazardous wastes if the requirements of §§H- 0 of this regulation are met; or 

(2) 90 days after approval of the closure plan. 

that 

B. 

sp

Subject 

ecified 

to the requirements of §§C and G( I) of this regulation, the Secreta1y may approve a longer period for closure than 

in §A of this regulation if the owner or operator demonstrates that: 

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

(2) The following conditions are met: 

capacity 

(a

to 

) 

r

T

ec

he 

eive 

hazardous 

non-haz

waste management unit or facility has the capacity to receive additional hazardous wastes, or has the 

ardous wastes if the facility owner or operator complies with §§H- 0 of this regulation, 

hazardous 

(b) 

waste 

There 

man

is a reasonable likelihood that the owner or operator or another person will recommence operation of the 

agement unit or facility within I year, and 

site. 

(c) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the 

26.13.06 Page 9 

Effective as of November J 2, 20 I 0 
DEI'ARTMENT OF TilE ENVIRONMENT 

26.1:1.06.09 

( ·. In addition to the requirements of ~B or this n:gulatiun, the owner m operator requesting a longer time for closure shall 

demonstrate that all steps necessary to prevent threats to human health and the environment have been taken and will continue to 

he taken. inc.:luding compliam:e with all applic;~blc interim status requirements. 

D. The owner or operator shall complete partial and lin;~l closure activities: 

(I) In accord;~ncc with the npproved closure plnn; and 

(2) Bcl(>re the laterofthc following two dates: 

(a) I XO dllys after receiving the linal volume uf lmzardous wnstes nt the hazardous waste management unit or fncility. or 

the linal volume of non-hazardous wnstes if the owner or operator complies with the requirements of ~§H- 0 of this regulation. 

or 

(b) I XO days after approval of the closure plan. 

E. Subject to the requirements of §F of this regulation. the Secretary mny approve an extension to the closure period specified 

in §D of this regulation if the owner or operator demonstrates that: 

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

(2) The following conditions arc met: 

(a} The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes. or has the 

capncity to receive non-hazardous waste if the facility owner or operator complies with the requirements of §§H-0 of this 

regulation. 

(b) There is reasonable likelihood that the owner or operator or another person will recommence operation of the 

hazardous waste management unit or facility within I year. and 

(c) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the 

site. 

F. In addition to the requirements of §E of this regulation, the owner or operator requesting a longer closure period shal(' 

demonstrate that all steps ncccssmy to prevent threats to human health and the environment from the unclosed but not operating 

hazardous waste management unit or facility have been taken and will continue to be taken, including compliance with all 

applicable interim status requirements. 

G. The owner or operator shall make the demonstration referred to in: 

(I) §B of this regulation at least 30 days before the expiration of the 90-day period speci lied in §A of this regulation; and 

(2) §E of this regulation at least 30 days before the expiration of the 180-day period specified in §D of this regulation, 

unless the owner or operator is otherwise subject to the deadlines in §H of this regulation. 

H. The Sccretaty may allow an owner or operator to receive non-hazardous wastes in a landfill. land treatment, or surface 

impoundment unit after the final receipt of hazardous wastes at the unit if the owner or operator: 

( 1) Submits an amended part B CHS pem1it application, or a part B CHS petmit application, if not previously required; 

(2) Demonstrates that: 

(a) The unit has the existing design capacity ns indicated on the part A CHS pennit application to receive non-hazardous 

wastes, 

(b) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the 

unit within I year after the final receipt of hazardous wastes, 

(c) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design 

and operating requirements of the unit or facility under this chapter, 

(d) Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or 

facility. and 

(e) The owner or operator is operating and will continue to operate in compliance with all applicable interim status 

requirements: 

26.13.06 Page 10 

Effective as of November 12. 2010 
I)ISI'C)S/\L C>F ('ONTROLLED IIAZARDOUS SUBSTAN('ES 

Ol lm:ludes, in the part B CIIS permit appliention: 

(a) /\n amended waste analysis plan, 

(h) 1\ ground water monitoring and response program, 

(c) The human exposure assessment required under RCR/\ *30 19. and 

(d) Closure and post-closure plans; 

26.13.0fi.O') 

( 4) I ncludcs. in the part B CIIS permit application, updated cost estimates and demonstrations of financial assurnncc for 

dosun.: and post-closure care as necessary and appropriate to rcncct any: 

(a) Changes due to the presence of hazardous constituents in the non-hazardous wastes, and 

(b) Changes in closure activities, including the expected year of closure if applicable under Regulation .08C(I0) of this 

chapter. as a result or the receipt of non-hnznrdous wastes following the final receipt of hazardous wastes; 

wastes 

(5) /\mends thc·part B CI!S permit application, as necessary and appropriate, to account for the receipt of non-hazardous 

following receipt or the final volume of hazardous wastes; 

Secretary 

(6) Submits the part B CllS permit application and the demonstrations referred to in §H( I )-(4) of this regulation to the 

by the later of the following two dates: 

{a) I ~0 days before the date on which the owner or operator of the facility receives the known final volume of hazardous 

wastes. or 

{b) 90 days after October 16, 2000; 

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

system requirements of: 

(a) §3004(o)( I) of RCRA, except as otherwise provided in §3004(o)(2) or (3) ofRCRA, and 

(b) *3005(j)( I) of RCRA, except as othc1wise provided in §3005(j )(2). (3 ), ( 4 ), or ( 13) of RCRA; and 

(S) Complies with the applicable requirements to obtain pem1its under: 

(a) COMAR 26.04.07; and 

(b) COMAR 26.11.19.20. 

I. In addition to the requirements in §1-1 of this regulation, an owner or operator of a hazardous waste surface impoundment 

identified in §H(7) of this regulation shall: 

(I) Submit with the part B CHS penni! application: 

(a) A contingent corrective measures plan, and 

(b) A plan for removing hazardous wastes in compliance with §I(2) of this regulation; 

(2) 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; 

Sccreta1y 

(3) Complete removal of hazardous wastes not later than 90 days after the final receipt of hazardous wastes, unless the 

approves an extension to this deadline based upon a demonstration by the owner or operator that: 

(a) The removal of hazardous wastes will, of necessity, take longer than the allotted period of time to complete, and 

(bl An extension will not pose a threat to human health and the environment; 

( 4) Comply with the following requirements if a release that is a statistically significant increase over background levels, or 

decrease in the case of pH, in hazardous constin1ents is detected in accordance with the requirements of Regulation .06 of this 

chapter: 

(a) Implement corrective measures in accordance with the approved contingent corrective measures plan required by 

whichever 

§I( 1) of this regulation not later than 1 year after detection of the release, or approval of the contingent corrective measures plan, 

is later; 

26.13.06 Page II 

Effective as ofNovember 12, 2010 
I>EI'ARTMENT OF Till ~ ENVIRONMENT c 

:!6. LUl(>.l 0 

(o) Elect to receive wastes at the unit f(lllowing detection of the release only if the approved corrective measures plan 

indudes a demonstration thai continued n:ceipl ofw;lsles willnnl impede corrective action: and 

(c) Implement coiTeetive mcasun:s in less than I year. or cease receipt of wastes until corrective measures have been 

implemented if required to do so by thl' Secrelary. based on a determination by the Secretary that the corrective measures arc 

necessary to protect human health and the environment: and 

(5) Pcrl(mn the following activities during the period of corrective action: 

(a) Provide semiannual reports l<l the Secretary which describe the progress of the corrective action program; 

(b) Compile all ground watcr monitoring data: and 

(c) Evaluate the effect of the continued receipt of non-ha:r.ardous wastcs on the effectiveness of the corrective action . 

.1. The Secretary may require the owner or operator of a surlace impoundment unit regulated under §I of this regulation to 

commence closure ofthc unit if the owner or operator: 

(I) rails to implement con·cctivc action measures in accordance with the approved contingent corrective measures plan 

within 1 year as required in *1(4) of this regulation: or 

(2) Fails to make substantial progress in implementing corrective action and achieving the facility's background levels. 

K. If the owner or operator fails to implement corrective measures as required in *1(4) of this regulation, or if the Secretary 

determines that substantial progress has not been made under §J of this regulation, the Secretary shall: 

( 1) Notify the owner or operator in writing that the owner or operator shall begin closure in accordance wjth the deadlines in 

§*A- F of this regulation; 

(2) Provide the owner or operator with a detailed statement of reasons for the Sccrctaty's dctem1ination; and 

(3) Provide the owner or operator and the public, through a newspaper notice. the opportunity to submit written comments 

on the Secretary's decision not later than 20 days after the date of the notice. ( 

L. If the Secretary docs not receive any written comments in response to the determination in §K( I) of this regulation that the 

owner or operator shall begin closure, then: 

(I) The Secretary's decision described in §K( I) of this regulation becomes final 5 days after the close of the comment 

period; and 

(2) The Sccretmy shall notify the owner or operator that: 

(a) The decision is final, 

(b) A revised closure plan, if necessary. shall be submitted by the owner or operator to the Secretaty within 15 days of 

the final notice, and 

(c) Closure is required to begin in accordance with the deadlines in §§A-F of this regulation. 

M. If the Secretary receives written comments in response to the determination in §K(I) of this regulation, the Secretary shall: 

(I) Make a final decision within 30 days after the end of the comment period; and 

(2) Provide the owner or operator in writing, and the public through a newspaper notice, a detailed statement of reasons for 

the final decision. 

N. If the Secretaty detem1ines under §J(2) of this regulation that the owner or operator lias not made substantial progress in 

implementing corrective action and achieving the facility's background levels, then the owner or operator shall begin closure in 

accordance with the deadlines in §§A- F of this regulation. 

0. The final determinations made by the Secretary under §§Land M of this regulation are not subject to administrative appeal. 

.10 Closure - Disposal or Decontamination of Equipment, Structu res, and Soils. 

A. During the partial and final closure periods. the owner or operator shall properly dispose of or decontaminate all 

contaminated equipment, structures, and soil unless specified othe1wise in Regulations .180, .198( 4), .20B( 6), or .22B(3) of this 

chapter, or in 40 CFR §265.280, which is incorporated by reference in Regulation .21 A of this chapter. 

26.13.06 Page 12 

Effective as ofNovember 12, 2010 
DISPOSAL OF CONTROLLED IIAZARDOUS SUBSTANCES 

2(l. 13 .Oh. 12 

B. By removing all hazmdous wastes or ha:t.anlous constituents during partial and final closure. the owner or operator may become a gem:ratnr of hazardous waste nnd shnll handle that hazardous waste in nccordnnce with all npplicable requirements or 

COMAR ::!<l.IJ.OJ . 

. II Crrtil1catiun uf Closure. 

A. Within 60 days or completion of closure of each ha7.ardous waste surface impoundment, waste pile. land treatment unit. and 

landfill unit. and within 60 days of completion or final closure. the owner or operator shall submit to the Secretary. by registered 

mail. a ccnilication that the hazardous waste management unit or facility. ns applicable. has been closed in accordance with the 

:;pecilications in the appruved closure p lan. 

B. The certification required in *A of this regulation shall be signed by the owner or operator and by an independent registered 

prolcssional engineer. 

C. The owncr or operator shall furnish documentation supporting the independent rcgistcrcd professional engineer's certification to the Secretary upon request until the owner or operator is released fi·om the financial assurance requirements li.w 

closure under 40 CFR *26S.I43(h). which is incorporated by reference in Regulation .16 of this chapter . 

. 12 Post-C1osu rc. 

A. Applicability. This regulation and Regulations .13-.15 of this chapter apply to the owners and operators of: 

(I) All hazardous waste disposal facilities; 

(2) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the 

extent that these regulations arc made applicable to these facilities in Regulation .198(4) or .20B(6) of this chapter; 

(3} Tank systems that arc required under Regulation .180 of this chapter to meet. under CO MAR 26.13.05.1 0-7C. the 

requirements for landfills; 

(4) Hazardous waste munitions and explosives storage units that arc required under Regulation .28 of this chapter to meet. 

under CO MAR 26.13.05.21 C(3). the requirements for landfills: and 

(5) Containment buildings that arc required under Regulation .29 of this chapter to meet, under CO MAR 26.13.05 .18-JC. 

the requirements for landfi lls. 

B. Survey Plat. 

(I) Not later than the date of submission of the certification of closure of each hazardous waste disposal unit, an owner or 

operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a 

survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to 

permanently surveyed benchmarks. 

(2) The stuvcy plat shall be prepared and certHicd by a professional land surveyor. 

(3) The survey plat filed with the local zoning autho1ity or the authority with jurisdiction over local land use, as required in §8( I) of this regulation, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict 

disturbance of the hazardous waste disposal unit in accordance with the applicable requirements of Regulations .07-.15 of this 

chapter. 

C. Post-Closure Care and Use of Property. 

(I) Post-closure care for each hazardous waste management unit subject to the requirements of this section and Regulations 

.1 3-. 15 of this chapter shall begin after completion of closure of the unit and continue for 30 years after that date. 

(2) Post-closure care required in §C(l) of this regulation shall consist of at least the following: 

(a) Monitoring and reporting in accordance with the requirements of Regulations .06 and .19-.22 of this chapter; and 

(b) Maintenance and monitoring of waste contairm1ent systems in accordance with the requirements of Regulations .06 

and .19-.22 of this chapter. 

26.1 3.06 Page 13 

Effective as of November 12. 2010 
DEPARTMENT OF TilE ENVIRONMENT ( 

2C•. I.HIC1.I J 

(J) The Secretary may. in accordance with *('(4) or {5) o r this regulation, either shorten or lengthen the post-closure care 

period applicable to a hazardous w;1ste management unit or litcility: 

(a) At any timc preceding closure of a hazardous waste unit or Jacility that is subject to post-closure care requirements or 

li mll dosurc: or 

{b) At any time during the post-closure period lor a particular hazardous waste disposal unit. 

{4) The Sccn.:tary may shorten the post-closure care period applicable to a hazardous waste management unit or facility if: 

(a) All disposal units have been closed; and 

(b) The Sccrctary finds that the reduced period is sufficient to protect human health and the environment. for example, by 

determining that leachate or ground water monitoring results, characteristics of the hazardous waste, application of advanced 

technology. or alternative disposal, treatment. or reuse techniques indicate that the hazardous waste management unit or facility is 

secure. 

(5 ) The Secretary may extend the post-closure care period applicable to a hazardous waste management unit or facility if the 

Secretary finds that the extended period is nccessaty to protect human health and the environment. For example. the post-closure 

care period may be extended if leachate or g,round water monitoring results indicate a potential for migration of hazardous wastes 

at levels which may be harmful to human health and the environment. 

(6) The Secretary may require. at partial and final closure, continuation of any of the security requirements of Regulation 

.02 of this chapter during, part or all of the post-closure period when: 

(a) Ilazardous wastes may remain exposed after completion of partial or final closure; or 

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

(7) If hazardous waste remains on or in a property after partial or final closure, a person may not engage in any post-closure 

usc of the property which would disturb the integrity of the final cover, liners, or any other components of the containment 

system, or the function of the facility's monitoring systems, unless the Secretary finds that the disturbance: ( 

(a) Is nccessa1y to the proposed usc of the property, and will not increase the potential hazard to human health or the 

environment; or 

(b) Is necessa1y to reduce a threat to human health or the environment. 

(8) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified 

in Regulation . I 3 of this chapter . 

. 13 Post-Closure Plan; Amendment of Plan. 

A. Written Plan. 

(I) By May I 9, 1981, the owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. 

(2) An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous wastes at closure 

shall prepare a post-closure plan and submit it to the Secretary within 90 days of the date that the owner, operator, or Secrctaty 

determines that the hazardous waste management unit or facility shall be closed as a landfill, subject to the requirements of this 

regulation, Regulation .12C, and Regulations .14 and .15 of this chapter. B. Except as provided in §C of this regulation, until final 

closure of the facility, the owner or operator shall furnish a copy of the most current post-closure plan to the Secretaty upon 

request, including request by mail. 

C. During site inspections, on the day of the inspection, the owner or operator of a facility without an approved post-closure 

plan shall provide a copy of the most cunent post-closure plan to any officer, employee, or representative of the Department who 

is designated by the Secretary. 

D. Following certification of final closure. the approved post-closure plan shall be kept by the p erson or office specified in §E 

oftbis regulation during the post-closure period. 

E. For each hazardous waste management unit subject to the requirements of this section. the owner or operator shall: 

(I) Identify in the post-closure plan the activities that will be carried on after closure of each disposal unit and the frequency 

of these activities; and 

26.13.06 Pnge 14 

Effective as ofNovember 12, 2010 
DISPOSAL OF CONTROU.ED IIAZARDOliS SliBSTA NCES 

26.l .~ .(JCl.l J 

(2) Include in lhe posl-closure plan. al lc.:asl. !he follow n~: 

Regulations 

(a) A 

.OC1 

description 

and 

of the planned monitoring activilies. ;md frequencies at which thcy will be perfonncd, to comply with 

.I C) .22 of this chapter during the post-closure care period. 

inte~rily 

(h) 

of I 

A 

he 

deseriplion 

cap and 

of the rimmed maintenance activities. and fi·cquencies al which they will be performed to ensure the 

this chapter. 

final cover or other contaimm:nt systems in accordance with the requirements of Regulations .19· .22 of 

function 

(<:) 

of the 

A description 

monitoring 

of 

equipment 

the planned maintenance activities. and frequencies al which they will be performed. to ensure the 

in accordance with the requirements of Regulations .06 and . 19 - .22 of this chapter. and 

fhcility during 

(d) The 

the 

name, 

post-closure 

address. and phone number of lhe person or office to contact nbout the hazardous waste disposal unit or 

care period. 

F. Amendment of Plan. 

post-closure 

(I) The 

care 

owner 

period. 

or operator may amend the post-closure plan at any time during the active life of the facility or during the 

change 

(2) 

to 

An 

the 

owner 

approved 

or operator 

plan. The 

with 

wrillcn 

nn approved post-closure plan shall submit a written request to the Secretary to authorize a 

Secretary. 

request shall include a copy of the amended post-closure plan for approval by the 

plan. 

( 3) The owner or operator shall amend the post-closure plan whenever: 

(a) Changes in operating plans or facility design affect the post-closure plan; or 

(b) Events, which occur during the active life of the facility, including partial and final closures, affect the post-closure 

( 4) The owner or operator shall amend the post-closure plan: 

(a) At least 60 days before a proposed change in facility design or operation which will affect the post-closure plan; or 

(b) Not later than 60 days after an unexpected event has occutTcd which has affected the post-closure plan. 

this regulation 

(5) An owner 

to the 

or 

Secretary: 

operator with an approved post-closure plan shall submit the amended plan required by §F(3) and (4) of 

(a) At least 60 days before the proposed change in facility design or operation; or 

(b) Not more than 60 days after an unexpected event has occurred which has affected the post-closure plan. 

with Regulation 

(6) An owner or operator of a surface impoundment who failed to remove all hazardous wastes at closure in accordance 

closure in accordance 

. I 98(4) 

with 

of 

Regulation 

this chapter, or an owner or operator of a waste pile who failed to remove all hazardous wastes at 

.208( 6) of this chapter, shall: 

(a) Close the unit as a landfill in accordance with Regulation .22B(3) of this chapter; and 

that the unit 

(b) Submit 

is 

n post-closure plan to the Secretary within 90 days of the determination by the owner, operator, or Secretary 

to be closed as a landfill. 

26.13.07.13-.13-3, 

(7) Unless the amendment to the post-closure plan is a minor modification according to the criteria in COMAR 

regulation. 

the modification to the post-closure plan shall be approved according to the procedures in §§J-M of this 

(8) Modification at the Request of the Secretary. 

(a) The Secretary may request modifications 

this regulation. 

to the post-closure plan unctet: the conditions described in §F(3)(a) and (b) of 

· 

days afler 

(b) 

the 

An 

request 

owner 

from 

or operator with an approved post-closure plan shall submit the modified post-closure plan not later than 60 

the Secretary. 

26.13.06 Page 15 

Effective as of November 12, 2010 
DEPARTMENT OF Tl IE ENVIRONMENT 

2l>. I J.Ol>.l.l 

(<.:) Unless the amendment to the post-closure plan is considered a minor modification according to the criteria in 

t'OM/\R 2(>. 13.07.13 . 13-3. the modifications to the post-closure plan shall be approved in accordance with the procedures in 

§§.1 M of this regulation. 

(d) I r the Secretary determines that an owner or operator of a surfi\ee impoundment or waste pile who intended to remove 

all hazardous wastes at dosurc is required to close the facility as a landfill. the owner or operator shall submit a post-closure plan 

for approval to the Secretary within 90 dnys of the determination. 

Ci . The owner or operntor or a facility with hazardous waste management units subject to the requirements of this regulation 

shall submit a post-closure plan to the Secretary at least 180 days before the date on which the owner or operator expects to begin 

partial or final dosure of the first hazardous waste disposal unit. 

II. For the purpose of §G of this regulation, the date on which the owner or operator expects to begin closure of the first 

hazardous waste disposal unit shall be either: 

(I) Within 30 days after the date on which the hazardous waste management unit receives the known final volume of 

hazardous waste; or 

(2) I r there is a reasonable possibility that the owner or operator of the hazardous waste management unit will lae~ 

additional hazardous wastes in the unit, not later than I year after the date on which the most recent volume of hazardous wastes 

is placed in the unit. 

I. The ovmer or operator of an interim status facility shall submit a post-closure plan to the Secretary not later than 15 days 

afier: 

(I) Termination of interim status, except when a pem1it is issued to the facility simultaneously with tem1ination of interim 

status; or 

(2) Issuance of a judicial decree or final orders under §3008 ofRCRA or the Environment At1icle, Title 7, Annotated Code 

of Maryland, to cease receiving wastes or close. ~ 

J. The Secretary shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submi( 

written comments on the post-closure plan and request modifications to the plan for up to 30 days from the date of the notice. 

K. The Secretary may, in response to a request or at the Secretary's discretion in the absence of a request, hold a public hearing 

if a hearing might clarify one or more issues conceming a post-closure plan. If a public hearing is held, the Secretary shall give 

public notice of the hearing at least 30 days before it occurs. 

L. The Sccrctaty shall: 

(I) Approve, modify, or disapprove the post-closure plan within 90 days of its receipt; 

(2) Provide the owner or operator with a detailed written statement of reasons for the disapproval if the Secretary does not 

approve the post-closure plan, and require that the owner or operator modify the plan or submit a new plan for approval within 30 

days after receiving the written statement; 

(3) Approve or modify a post-closure plan revised in response to a disapproval under §L(l) of this regulation in writing 

within 60 days, and, if the Secrctaay further modifies the plan. designate this modified plan as the approved post-closure plan; 

(4) Ensure that the approved post-closure plan is consistent with this section and Regulations .12 . . 14, and .15 of this 

chapter; and 

(5) Mail to the owner or operator a copy of the plan as modified in §L(3) of this regulation and a detailed statement of 

reasons for the modifications to the owner or operator. 

M. The Secretary may give notice of the public hearing under §K of this regulation at the same time as tbe notice of the 

opportunity to submit conm1ents under §J of this regulation, and may combine the two notices. 

N. The post-closure plan and length of the post-closme care period may be modified any time before the end of the postclosure care period. 

0. The owner or operator or any member of the public may petition the Secretary to: 

( 1} Extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on 

cause; or 

26.13.06 Page 16 

Effective as ofNovember 12,2010 
DISI'OS/\1. OF CONTROI.I.EJ> 11/\ZARDL HIS SllllSTANCES 

:u •. 13.0(•.13 

(2) Alter lhe requirements of the pnsH:Iosure care period based on cause. 

that: 

P. A person suhmilling a petilion as des~.:ribed in ~0 or this regulalion shall include in !he petition evidence demonstrating 

unnecessary, 

(I) The 

or 

secure nature or the hazardtlUs waste management unit or facility either makes the post-closure care requirements 

inl<.mnation such 

supporls reduclion or !he posl-closurc care period specilied in the current post-closure plan. based upon 

technology. or 

as leachate or ground water monitoring results. characteristics of Lhc wastes. application of advanced 

alternative disposaL treatment. or reuse techniques which indicate that the fitcility is secure; or 

prevent 

(2) 

threats 

The requested extension in the post-closure care period or alteration of post-closure care requirements is nccessaty to 

potential 

to human health and !he environment, such as when leachate or ground water monitoring results indicate a 

lor migration of hazardous wastes at levels which may be hannfulto human health and the environment. 

Q. Consideration of Petitions by the Secretary. 

relevant 

(I) 

information 

The Seercta

not 

ty shall 

previously 

consider the petitions described in *§0 and P of this regulation only if the petitions present new and 

considered by the Sccrctaty. 

(2) In considering a petition, the Secretary: 

comments 

(a) 

up 

Shall provide the owner or operator and lhe public, through a newspaper notice, the opportunity to submit written 

to 30 days after the date of the notice; 

one or more 

(b) Shall, in response to a request by the owner or operator or the public, hold a public hearing if a hearing might clarify 

issues conccming the post-cl osure plan; 

more issues 

(c) May, 

concerning 

at the Secretary's discretion if no request is received, hold a public hearing if a hearing might clarify one or 

the post-closure plan; 

(d) Shall give the public notice of a hearing at least 30 days before the public hearing occurs; and 

opportun

(c) 

ity 

May 

for written 

give public 

public 

notice of the hearing under §Q(2)(b) and (c) of this regulation at the same time as notice of the 

comments under §Q(2)(a) of this regulation, and may combine the two notices. 

in §P 

(3) 

of 

After considering the public comments, the Secretaty shall issue a final detem1ination, based upon the criteria set forth 

this regulation. 

respon

(4) 

se giving 

If the Secretary 

a 

denies a petition described in §0 of this regulation, the Sccreta1y shall send the petitioner a brief written 

reason for the denial. 

R. The Secreta1y may: 

prevent 

(I) 

threats 

Tentatively decide to modify the post-closure plan if the Secretary considers modification of the plan to be necessa1y to 

to human health and the environment; and 

based 

(2) 

on cause 

Propose 

or 

to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility 

alter the requirements of the post-closure care period based on cause. 

submit 

S. The 

written 

Secretaty shall provide the owner or operator and the affected public, through a newspaper notice, the opportunity to 

§Q(2)(b) and (c) 

comments 

of 

up to 30 days after the date of the notice and the opportunity for a public heating as described in 

this regulation. 

as 

T. 

required 

After considering the conunents received, the Secretaty shall issue a final determination that is based upon the same criteria 

for petitions under §P of this regulation. 

U. Tempormy Suspension. 

plan, 

(I) 

which 

The 

includes, 

Secretary 

when 

may include, in the final determination under ~R of this regulation, a modification of the post-closure 

requirements. 

appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care 

pem1anently 

(2) At 

discontinued 

the end of the specified period of suspension, the Secretary shall determine whether the requirements should be 

or reinstated to prevent threats to human health and the environment. 

26.13.06 Page 17 

Effective as of November 12, 201 0 
DEPARTMENT OF TilE ENVIRONMENT 

21>.13.06.1-1 

.I-t Post-Closure Not ices. 

A. Not later than (10 days aller certification or closure or each hazardous waste disposal unit, the owner or opcrntor shall 

submit to the.: local zoning authority, or the authority with jurisdiction over local land usc. and to the Secretary, a record or tht.· 

type, location. and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For haznrdous 

wastes disposc.:d of bciore January 12. 19X I. the owner or operator shall identify the type, location, and quantity of the hazardous 

wastes to the best or the owner or operator's knowledge and in accordance with any records that the owner or operntor has kept. 

B. Within 60 days or certification of closure of the first hazardous waste disposa l unit and within 60 days of certification or 

dosurc of the last ha;-.ardous waste disposnl unit. the ?wner or operator shall: 

(I) Record a notation on the deed to the facility property, or on some other instrument which is nonnally examined during 

title sem·ch, that will in perpetuity notify any potential purchaser of the properly that: 

(a) The land hns been used to manage hazardous wastes, 

(b) lis usc is restricted under this regulation and Regulations .07--.15 of this chapter, and 

(c) The survey plat and record of the type. location. and quantity of hazardous wastes disposed of within each cell or 

other hazardous waste disposal unit of the facility required by Regulation. I 28 of this chapter and §A of this regulation have been 

filed with the locnl zoning nuthority, or the authority with jurisdiction over local land usc, and with the Seeretaty; and 

(2) Submit to the Secretary: 

(a) A certification signed by the owner or operator that the owner or operator has recorded the notation specified 111 

Regulation . 148( I) of this chapter; and 

(b) A copy of the document in which the notation has been placed. 

C. If the owner, operator, or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes 

to remove ha7..ardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and soils. 

the owner or operator shall: ~ 

(I) Request a modification to the approved post-closure plan in accordance with the requirements of Regulation .13N- U o( 1 

this chapter; 

(2) Demonstrate that the removal of hazardous wastes will satisfy the criteria of Regulation .12('( 7) of this chapter; and 

(3) Manage any hazardous waste generated in these removal activities in accordance with all applicable requirements of this 

subtitle. 

D. If the owner or operator is granted approval to conduct the removal activities, the owner or operator may request that the 

Secretary approve either: 

(I) The removal of the notation on the deed to the facility property or other instmment normally examined during title 

search; or 

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

. 15 Certification of Completion of Post-Closure Care. 

A. Not later than 60 days after the completion of the established post-closure care period for each hazardous waste disposal 

unit, the owner or operator shall submit to the Secreta1y, by registered mail, a certification that the post-closure care period for the 

hazardous waste disposal unit was perfom1ed in accordance with the specifications in the approved post-closure plan. 

B. The certification required in §A of this regulation shall be signed by the owner or operator and an independent registered 

professional engineer. 

C. Documentation supporting the independent registered professional engineer's certification shall be fiu11ished to the 

Secretary upon request until the Secretary releases the owner or operator from the financial assurance requirements for postclosure care under 40 CFR §265.145(h), which is incorporated by reference in Regulation .16 of this chapter . 

. 16 Financial Requirements. 

A. Except as provided in §8 of this regulation, an owner or operator of a facility subject to this chapter shall comply with 40 

CFR §§265.140- 265.148, which is incorporated by reference in COMAR 26. 13.01.058( l}(b). 

26.13.06 Page 18 

Effective as ofNovember 12,2010 
( 

DISI'OS/\1. OF ('ONTIWLI.ED 11/\Z/\RDOliS SUBSTANCES 

26. 1 J.O(LI X 

B. For the pliiVOSCS of' this re~ulat ion: 

(I) Subslilutc "Set.:retary" for "Rq!iona l Administrator": 

(~) Substitute "lkparlmcnl" f'or "hwironmcntall'rotct.:lion Agency": 

or corporate 

(J) In establishing 

gua

the linam:ial assuram:c l(lr closure required by 40 CFR *265.143. a person may not usc the financial test 

rantee described in 40 CFR *2(1:'\.14.\(e): 

financial 

( 4) 

lest 

In establishing 

or corporat

the lin;meial assurance fur post-closure care required by 40 CFR *265.145. a person may not usc the 

e guarantee described in 40 CFR *265. 145(c ): 

(5) 40 CFR *265.140(h)(.:1) is not incorporated by reference: and 

(6) In 40 CFR *265. 142(a). the reference to 40 CFR *265.11 02 is not applicable . 

. 17 Usc and Management of Containers. 

COMAR 

The ow

26.13

ner or operator of' ;1 facility at which containers arc managed and who is subject to this chapter shall comply with 

.05.09 . 

. 18 Rcquit·ements for Haza1·dous Waste Management in Tank Systems. 

A. General Requirements. An owner or operator of a tank or tank system who is subject to this chapter shall: 

(I) Except as provided in §§A(2), B. and C of this regulation, comply with CO MAR 26.13.05 .1 0--.1 0-6; and 

(2) If otherwise required by CO MAR 26.1 3.05.1 0---- .I 0-6 to comply with: 

(a) CO MAR 26.13.05.1 0-7. comply instead with the requirements of §D of this regulation, and 

(b) CO MAR 26.1 3.05. 1 0-7C. comply instead with the requirements of §0(3) of this regulation. 

B. Request for Variance from Secondary Containment; Additional Requirements. 

(I) The Secretary shall: 

CO MAR 

(a) 

26. 

Inform 

I 3.05.1 

the 

0-5F; 

public. through a newspaper notice, of the availability of the demonstration for a variance required in 

(b) Place the notice in a dai ly or weekly major local newspaper of general circulation; and 

variance. 

(c) Provide at J~ast 30 days from the date of the notice for the public to review and comment on the demonstration for a 

(2) Hearings on Demonstrations for Variances. 

if a hearing 

(a) 

might 

The Sccreta~y shall, at the Secrctaty's discretion or in response to a request for a public hearing, hold a public hearing 

clarify one or more issues conccming the demonstration for a variance. 

(b) Public notice of the hearing: 

(i) Shall be given at least 30 days before the date of the public hearing; and 

demonsu·ation 

(ii) May be given at the same time as notice of the opportunity for the public to review and comment on the 

for a variance. 

(3) The public notices required in §B( I )(a) and (2)(b) of this regulation may be combined. 

( 4) Action on Request for Variance. 

demonstration 

(a) The Secretary shall approve or disapprove the written request for a variance within 90 days of receipt of the 

comments o

from the owner or operator, and shall notify in writing the owner, operator, and each person who submitted written 

r requested notice of the valiance decision. 

(b) If the demonstration 

suffic

that is submitted in support of the written request for a variance is incomplete or does not include 

compl

i

ete 

ent 

demonstr

infom1ation, 

ation

the 90-day time period under §B( 4 )(a) of this regulation shall begin when the Secretaty receives a 

. including all infom1atjon necessary to make a final determination. 

26.13.06 Page 19 

Effective as of November 12.2010 
DEPARTMENT OF TilE ENVIRONMENT 

~(I.I.Hl6.1 tJ 

(5) I r the public comment period in *'HI) or this regulation i~ extended. the 90-day time period under *B{4)(n) of this 

regulation shall be similarly extended. 

<. •. An owner or opcmtur or a l:mk or tank system: 

(I) Shall. in place o r the n:quircmcnt of ( 'OMAR 2(1. 13.05.1 OD( I). inspect. i r present. ovcrlill or spill control equipment. 

such ns waste-feed cutoff systems. bypass systems. ami drainage systems. at least once each operating day to ensure that the 

eq uipment is in good working order; 

(2) Shall. in place or the requirement of CO MAR 26.13.05.1 0-3B(9). provide the type and degree of corrosion protection 

necessary, based on the information;~ I requirements or CO MAR 26.1 3.05.1 0-3 B(2l(c). to ensure the integrity of the tank system 

during its usc: 

(3) Is not subject to the requirement of COMAR 26.13.05.10-JA that the written assessment required by COMAR 

1(1.13.05.1 0-3B( I) be approved by the Sccrctmy; 

(4) Shall substitute "CO MAR 26. 13.06.020" lor "40 CFR §264.1 R(al" in CO MAR 26.13.05. 1 0-3B{2)(e)(ii); 

(5) Shall. in addition to the requirements of CO MAR 26.13.05.10-48(4). assure that the secondary containment system has 

sufficient strength and thickness to prevent failure due to the stress of installation; 

(6) Is not required to make the demonstrations to the Secretary required in COMAR 26.13.05.10-48 (6) and C; and 

(7) Shall, in place of the requirements of CO MAR 26. I 3.05. I 0-4G( I )-(4). conduct an annual tank assessment that meets 

the requirements of CO MAR 26.13.05. I 0-28(3)(e) for both enterable and non-enterable tanks. 

D. Closure and Post-Closure Care of Tank Systems. 

(I) At the closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated 

containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them ns 

hazardous waste, unless COMAR 26.13.02.030 applies. 

(2) An owner or operator shall ensure that the closure plan, closure activities. cost estimates for closure, and financia lf'. 

responsibility for tank systems meet all of the requirements specified in Regulations .07- .16 of this chapter. \. 

(3) If an owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as 

required in *D( I) of this regulation. then the owner or operator shall close the tank system and perform post-closure care in 

accordance with the closure and post-closure care requirements of Regulation .22 of this chapter which apply to landfills. In 

addition. for the purposes of closure, post-elosmc, and financial responsibility, the tank system is then considered to be landfill, 

and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07---.16 of this chapter. 

(4) If an owner or operator has a tank system that docs not have secondary containment that meets the requirements of 

COMAR 26.13.05.10-48- F, and has not been granted a va1iance from the secondary containment requirements in accordance 

with COMAR 26.13.05.10-5, then the owner or operator shall: 

{a) Include in the closure plan for the tank system a: 

(i) Plan for complying with §D( I) of this regulation, and 

{ii) Contingent plan for complying §D{3) of this regulation; 

{b) Prepare and submit a contingent post-closure plan for complying with §D(3) of this regulation as part of the part B 

CHS petmit application required under Regulation .O IB(5) of this chapter; 

{c) Reflect, in the cost estimates calculated for closure and post-closure care, the costs of complying with the contingent 

closure plan and the contingent post-closure plan. if those costs are greater than the costs of complying with the closure plan 

prepared for the expected closure under §D( 1) of this reg1.1lation; 

(d) Base financial assurance on the cost estimates developed in accordance with §D(4)(c) of this regulation; and 

(e) Ensure that the contingent closure and post-closure plans meet all of the closw-e, post-closure, and fmancial 

responsibility requirements for landfills under Regulations .07-. 16 of this chapter. 

26.13.06 Page 20 

Effective as of November 12,2010 
I >lSI'< >S.A l. < >F ( 'ONTROI.LED I I.AZ.A RDOUS SUBSTANCES 

26. 1.1.0(1. 1 I) 

.IIJ url"m:~ lmpuundml'llts . 

.A. Applicabilily. This regulation applies to owners and operalors of !itcilitics that use surface impoundments to treat. store. or 

dispose or hazardous WilSie, excepl as Regulation .0 I ol"this chapter otherwise provides. 

B. An owner or operator ora surlitce impoundment subject to this regulation shall comply with the following: 

(I) ( 'OMAR 2CLI.Hl5.11 ( '(2 ). concerning. li·eeboard. except as provided in *('of this regulation; 

(2) CO MAR 26.13.05.11 ()(I). concerning protective covers lor earthen dikes; 

(3) t"<>MAR 26.1J.05.11 E. concerning waste analysis and trial test; 

( 4 l ( 'OMAR 26.13.05.1 I G( I land (::!), concerning closure and post-closure care. except that the owner or operator: 

(a) Shall. f(lr the purposes of CO MAR 26.13.05. I I G(2). comply with the post-closure requirements of Regulations .12 

.15 of this chapter instead of the requirements of CO MAR 26. 13.05.070. 

(bl Is not required to comply with the requirement of COMAR 26.13.05.1 IG(2)(b) to maintain and monitor the leak 

detection system. and 

(c) Shall. for the purposes of compliance with CO MAR 26.13.05.11 G(2)(c). comply with the ground water monitoring 

requirements of Regulation .06 of this chapter instead of the requirements of CO MAR 26. I 3.05.06- .06-7; 

(5) C:OMAR 26.13.05.1 II. 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: 

(a) Manages the waste in such a way that it is protected from any material or conditions which may cause it to ignite or 

react, 

(bl 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 

(c) Maintains, at the facility, the certification required by ~B(5)(b) of this regulation and the basis for the certification; 

and 

(6) COMAR 26.13.05.1 JJ, conceming incompatible wastes. 

C. Alternate Requirements Concerning Freeboard. The owner or operator: 

(I) May maintain a freeboard level less than 60 centimeters (2 feet) in a surface impoundment if rhe 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 

(2) Shall, if the owner or operator maintains a freeboard level of less than 60 centimeters, maintain at the facility: 

(a) The certification required by §C( I) of this regulation, and 

(b) Written identification of altcmate design features or operating plans which will prevent overtopping. 

D. Design Requirements. 

( 1) This section applies to each new surface impoundment unit, replacement of an existing sUJface 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, I 985. 

(2) The owner or operator of a unit identified in §0(1) of this regulation shall install two or more liners and a leachate 

collection system between the liners in accordance with the requirements of CO MAR 26.13.05.11 D( 4 )-(8). 

E. Notification. 

( l) The owner or operator of each unit referred to in §D( l) of this regulation shall notify the Secretary in writing at least 60 

days before receiving waste into the unit. 

(2) Persons submitting a written notice under §E(l) of this regulation shall file a pan B application with the Department 

within 6 months of the date that the Secretary receives tbe written notice. 

26.13.06 Page 21 

Effective as ofNovember 12, 2010 
DEI'Aifi'I\•IENT OF TilE ENVIRONMENT 

] (1. 1.\.06.20 

F. Liner and Leachate ( 'ollection System Requirements for Initial Permits. 

(I} Except as provided in *F(2) of this regulation. the Secretary, when issuing the first rcnnit to a facility for a unit subject 

to this regulation. may not require the inslallation or a liner or leachate collection system ditlcrcnt from that which was installed 

under *[)(:2} (lf this re!_!ulation if the owner or opemtor perlim11ed the installation in good fi1ith compliance with: 

(a} The requirements of *D(2) of this regulation: and 

(bl 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. 

(2} The Sccreta1y may re<Juirc the installation of a new liner if the Secretary has reason to believe that a liner installed in 

response to the requirements of *0(2} of this regu lation is leaking. 

G. Inspections. The owner or operator of a surface impoundment shall inspect: 

(I) At least once each orcrating day: 

(a) The freeboard level to ensure compliance with COMAR 26.13.05.11 C(2). or 

(b) 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; and 

(2) At least once a week, the surface impoundment. including dikes and vegetation surrounding the dikes. to detect any 

leaks. deterioration. or f.1i lurcs in the impoundment. 

H. Compliance Schedule-Newly Regulated Impoundments. 

(I) The owner or operator of a surface impoundment that is newly subject to §3005(j )(I) 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. , 

(2) The compliance period of *H( J) of this regulation may not be cut short as a result of the promulgation of land disposal( 4 

restrictions under 40 CFR Part 268 or the granting of an extension to the effective date of a prohibition under 40 CFR §268.5 

with in the 48-montb period identified in §H(l } of this regulation . 

. 20 Waste Piles. 

A. Applicability. 

(I) This regulation applies to owners and operators of facilities that store or treat hazardous waste in piles, except as §A(2) 

of this regulation or Regulation .01 of this chapter othe1wise provides. 

(2) Instead of complying with the requirements of this regulation for the storage or treatment of hazardous waste in piles. an 

owner or operator may manage the pile of hazardous waste as a landfill in compliance with the requirements of Regulation .22 of 

this chapter. 

(3) This regulation is not applicable to waste piles that are closed with wastes left in place. Owners or operators of these 

waste piles shall comply with the requirements of Regulation .22 of this chapter. 

B. An owner or operator of a waste pile subject to this regulation shall comply with: 

(I) CO MAR 26.13.05.128(6), concerning the control of wind dispersal of particulate matter; 

(2) COMAR 26.l3.05.12C, concerning waste analysis; 

(3) COMAR 26.13.05.12E. conceming inspection and testing; 

(4) COMAR 26.13.05.12G, eonceming special requirements for ignitable or reactive waste; 

(5) COMAR 26.13.05.l2H. concerning special requirements for incompatible wastes; and 

(6) COMAR 26.1 3.05.121( I) and (2), concerning closure and post-closure care. 

26.13.06 Page 22 

Effective as of November 12, 2010 
DISPOSAL OF ( 'ONTIH ll.l.ED IIAZARDOUS SUBSTANCES 

26. 1 :u}( •. :!.:! 

C. Control of Precipitation. Run-orr. and Run-on. If leachate or run-off from a pile is a ha7.a rdous waste. then the owner or 

operator shall ensure that either: 

(I) Thc I(• !lowing requirements arc met: 

(a) The pile is placed on an impermeable bas<.: that is compatible with the waste under the conditions of treatment or 

stOra!!e: and 

(b) The liH:ility is in compliance with: 

(i) COMA.R 26.13.05.12B(3). concerning a run-on control system, 

(ii) CO MAR 26.13.05.128(4). conccming a nm-off management system, and 

(iii) ( 'OMAR 26.13.05.12B(5). concerning collection and holding facilities for run-ofT and run-on: or 

(::1) The following requirements arc met 

(a) The pile is protected from precipitation and run-on by some means other than that required by ~C( I) of this 

regulation: and 

(b) Liquids or wastes containing free liquids arc not placed in the pile. 

0. Design Requirements Liners and Leachate Collection Systems. 

(I) This section applies to each new waste pile unit, replacement of an existing waste pile unit, or lateral expansion of an 

existing waste pile unit that is within the area identified in the part A penni! application, which receives hazardous waste on or 

a tier May 8. I 9X5. 

(2) The owner or operator of a unit identified in ~D( I) of this regulation shall comply with the requirements of CO MAR 

26.13.05 .1 28 for liners and leachate collection systems or equivalent protection. 

E. Containment System Repairs, Contingency Plans. The owner or operator shall comply with the requirements of CO MAR 

COMAR 

26.13.05.l2F. except that a waste pile that is to be closed under COMAR 26.13.05.12F(6) shall be closed in accordance with 

26. 13.05.121( I) and (2) . 

. 21 Land Treatment. 

A. Except as provided in §B of this regulation, an owner or operator of a land treatment facility shall comply with 40 C'fR 

§§265.270-265.282, which arc incorporated by reference in CO MAR 26. J 3.0 1.05B( I )(b). 

B. For the purposes of this regulation: 

(I) Substitute "Sccretaty" for "Regional Administrator": 

(2) Substitute "CO MAR 26.13.06.01" for "~265 .1 "; 

(3) In 40 C'FR §265.280, substitute "In the closure plan under COMAR 26. 13.06.08 and the post-closure plan under 

CO MAR 26.1 3.06.12B " for "In the closure plan under §265.112 and the post-closure plan under §265.118,": 

( 4) In 40 CFR §265.281 , substitute "An owner or operator may not apply ignitable or reactive waste to a land treatment 

zone unless all applicable federal requirements of 40 CFR part 268 are met, and:" for "The owner or operator must not apply 

ignitable or reactive waste to the treatment zone unless the waste and treatment zone meet all applicable requirements of 40 CFR 

part 268"; and 

(5) In addition to the requirements of 40 CFR §265.272, the owner or operator shall operate and maintain the treatment zone 

to minimize run-offofhazardous constituents during the active life of the land treatment unit. 

.22 Landfills. 

A. Applicability. 

( 1) This regulation applies to facilities that dispose of hazardous waste in landfills. except as Regulation .0 I of this chapter 

otherwise provides. 

(2) This regulation also applies to a waste pile used as a disposal facility. A waste pile used as a disposal facility is 

considered to be a landfill. 

26.13.06 Page 23 

Effective as of November 12, 20 J 0 
I>I'I'ARTMI'NT OF TilE ENVIRONMENT 

B. An owner or operator or a landlill ~uhjccl lo this regulation shall comply with the following: 

(I) ( '(>MAR 26.1.\.05.14B((l) (9). wncerning control or run-on, nm-oiT. nnd wind dispersal of pnrticulatc matter; 

(2) COMA R 26.1.\.05.141. concerning surveying and record keeping; 

(.\) COMAR 26.1.\.05.14.1, concerning closure and post-closure care, except that: 

(a) For the purposes of compliance with COMA R 26.13.05.141(2), the owner or operator shall comply with the 

requirements or Regulations .12 .15 or this chapter instead or the requirements of CO MAR 26.13.05.070- J; and 

(b) For the purposes of compliance with COMAR 26.13.05.l4J(2)(c), the owner or operator shall comply with the 

groundwater monitoring requirements contained in Regulation .06 of this chapter instead of the requirements of COMAR 

26.13.05.06 .0(1-7: 

( 4) CO MAR 26.13.05.141., concerning special requirements for ignitable or reactive waste, except that ignitable waste in a 

container may be land filled without meeting the requirements ofCOMAR 26.13.05.14L if: 

ignite; 

(a) Neither the container nor the waste contains fi·ec liquids; 

(b) The w~1ste is disposed of in such a way tlmt it is protected from any materials or conditions which may cause it to 

(c) At a minimum, the owner or operator assures that: 

(i) The waste is disposed of in non leaking containers, 

(ii) The container in which the waste is packaged is carefully handled and placed so as to avoid hear, sparks, rupture, 

or any other condition which might cause ign ition of the waste, 

(iii) The waste is covered daily with soil or other noncombustible material to minimize the potential for ignition of the 

waste, and 

(iv) The waste is not disposed of in cells that contain or will contain other wastes which may generate heat sufficienV •. ...._ 

to cause ignition of the waste; \, 

(5) CO MAR 26.13.05.14M, conccming special requirements for incompatible wastes: and 

(6) CO MAR 26.13.05. 140, concerning special requirements for containers. 

C. Design Requirements. 

( 1) This section applies to each new landfill unit, replacement of an existing landfill unit, or lateral expansion of an existing 

landfill unit that is within the area identified in the pati A permit application. which receives hazardous waste on or after May 8, 

1985. 

(2) The owner or operator of a unit identified in §C( I) of this regulation shall install two or more liners and a leachate 

collection system in accordance with the requirements of CO MAR 26.13.05.148(3 }-(5). 

D. Notification. 

( 1) The owner or operator of each unit referred to in §C( l) of this regulation shall notify the Secretaty at least 60 days 

before receiving waste into the unit. 

(2) Persons submitting notice under §D(I) of this regulation shall file a part B application with the Department within 6 

months of the date that the Secretaty receives the notice. 

E. Liner and Leachate Collection System- Requirements for Initial Permits. 

(I) Except as provided in §E(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 §C(2) of this regulation if the owner or operator pcrfom1ed the installation in good faith compliance with: 

(a) The requirements of §C(2) of this regulation; and 

(b) Guidance documents goveming liners and leachate collection systems under §C(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. 

26.13.06 Page 24 

Effective as of November 12, 2010 
DISPOSAL OF CONTROLLED I lAZAR DOllS SUBSTANCES 

26.1 J .OC>. 2-l 

(2) The Secretary m:~y require the installation of a new liner if the Secretary has reason to believe that n liner instalkd in 

response to the requirements of *C(1) of this regulation is leaking. 

F. Special Requirements for Liquid Wastes and Containers. 

waste 

(I} A person may not place waste containing free liquids in a lund fill, including bulk waste, noncontaincrizcd waste, or 

in containers. 

Method 

(2) To demonstrate the absence or presence of fi·ce liquids for the purposes of §F( I ) of this regulation, n person shall use 

M

9095 (Paint Filler Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical 

ethods", EPA Publication SW-X46, ns incorporated by reference in COMAR 26.13.0 1.05A(4). 

(3) A person may place in a landfill small containers ofha7.ardous waste in overpacked drums, referred to as "lab packs", if 

the person assures that the following requirements arc met: 

(a ) The lab pack docs not hold any waste that contains free liquids: 

(b) The hazardous waste is packaged in nonlcaking inside containers which: 

(i) Will not react dangerously with the waste the inside containers contain, 

(ii) Will not be decomposed by the waste the inside containers contain, 

(iii) Will not be ignited by the waste the inside containers contain, 

(iv) Arc tightly and securely scaled, and 

(v) Arc of the type specified in the U.S. Department of Transportation hazardous materials regulations (49 CFR 173, 

178, and 179) if those regulations specify a particular inside-container for the waste; 

(c) The inside containers arc: 

(il Overpacked in an open head DOT-specification metal shipping container. as described in 49 CFR 178 and 179, 

which has a capacity of 416 liters (I I 0 gallons) or less, and 

(ii) Surrounded by absorbent material such that the metal outer container is full after packing with inside containers 

and absorbent material; 

(d) The absorbent material required by §F(3)(c)(ii) of this regulation is not capable of reacting dangerously with, being 

decomposed by, or being ignited by, the contents of the inside containers; 

(c) Incompatible wastes are not placed in the same outside container; and 

(f) Reactive waste is treated or rendered nonreactive before it is packaged in accordance with §F(3)(a)-(e) of this 

regulation, except that cyanide-bearing or sulfide-bearing waste as described in COMAR 26.13.02.13A(5) may be packaged in 

accordance with §F(3)(a)- (e) of this regulation without first being treated or rendered nonreactive . 

. 23 Incinerators. 

A. Applicability. 

(I) This regulation applies to owners and operators of facilities that incinerate hazardous waste, except as Regulation .0 I of 

this chapter otherwise provides. 

(2) The following owners or operators are considered to incinerate hazardous waste: 

(a) Owners or operators of hazardous waste incinerators as defined in COMAR 26.13.01.038; and 

(b) Owners or operators who bum hazardous wastes in boilers or in industtial furnaces in order to destroy the wastes. 

B. Except as provided in §C of this regulation, an owner or operator of a facility who treats hazardous waste by thermal 

destmction as defined in COMAR 26.13.01.038 shall comply with 40 CFR §§265.340(b}--265.35 1, which is incorporated by 

reference in COMAR 26.13.01.058 (l)(b). 

C. An owner or operator of an incinerator subject to this regulation may not bum EPA Hazardous Wastes F020, F021, F022, 

F023, F026, or F027. 

26.13.06 Page 25 

Effective as of November 12, 2010 
DEI'ARTMENT OF TilE ENVIRONMENT ( 

.24 Thermal Trl'llhncnt and Open Burning. 

A. I ~xeepl as provided in §l3 of this regulation. an owner or operator of a facility in which thermnl treatment nnd open burning 

is wndut:tcd shall comply with 40 CrR §§265.370 265.382, which is incorpomted by reference in CO MAR 26. 13.0 1.0513( I )(b). 

B. For the purposes of this regulnlion: 

( 1) Owners und operators of thermal treatment devices subject to this regulation may not bum EPA Hazardous Wastes 

Hl20, 1:02 1. F022, F023. F026, or F027; and 

(2) In 40 CFR §265.370, delete the clause "and Subpart H of part 266. if the unit is a boiler or industrial furnace as deli ned 

in *260.1 0" . 

. 25 Chemical, Physical, and Biological Treatment. 

J\. Except as provided in §B of this regulation. nn owner or operator who treats hazardous waste using chemical, physical. or 

biological methods shall comply with 40 CFR §§265.400-- 265 .406. which is incorporated by reference in COMAR 

26.13.0 1.05B( I )(b). 

B. For the purposes of this regulation: 

( I) Substitute ''('OMAR 26.13.06.01" for "§265.1"; and 

(2) In 40 CFR §265.400. substitute "CO MAR 26.13.06.18, .19. and .21" for "subparts J, K. and M respectively" . 

. 26 Drip Pads. 

A. Except as provided in §B of this regulation. an owner or operator using drip pads who is subject to this chapter shall 

comply with the requirements ofC'OMAR 26.13.05.17-1-.17-4. 

B. In complying with COMAR 26.13.05.17-48. the reference to Regulation .22 of this chapter replaces COMAR 

26. 13.05. 14J. 

.27 Underground Injection Control. 

A person may not dispose of hazardous waste by underground injection . ( 

. 28 Hazardous Waste Munitions and Explosives Storage. 

The owner or operator of a facility at which hazardous waste munitions or hazardous waste explosives arc stored and who is 

subject to this chapter shall comply with CO MAR 26.13.05.2 1 . 

. 29 Containment Buildings. 

The owner or operator of a facility at which a containment building is used to manage hazardous waste and who is subject to 

this chapter shall comply with COMAR 26.13.05.18 -.18-3. 

Administrative History 

Effective date: 

Regulation .01 adopted as an emergency provision effective November 18. 1980 (7:25 Md. R. S-1): adopted permanently effective April 3. 1981 (8:7 Md. R. 

642) 

Regulation .01 B amended effective January 31, 1983 ( 10:2 Md. R. 110) 

Chapter recodified from CO MAR 10.51.06 to CO MAR 26.13.06 

Regulation .0 IF adopted effective April 18, 1988 (I 5:8 Md. R. I 009) 

Regulation .01 under chapter COMAR 26.13.06, Site Selection for CHS Facilities, recodified as Re~;:ulation .02·1 under COMAR 26.13.05 effective October 

16,2000 (27:20 Md. R. 1843) 

Regulations .01-.27 under new chapter COMJ\R 26.13.06. Interim Status Standards for Owners nnd Operators of Hazardous Waste Treatment. Storage. and 

Disposal Facilities, adopted effective October 16,2000 (27:20 Md. R. JR43) . 

Regulation .O!A amended effective November I, 2002 (29:21 Md. R. 1647); Muy I. 2008 (35:R Md. R. 809) 

Reb'lllotion .078 amended effective May I, 2008 (35:8 Md. R. 809) 

Regulation .08E amended effective May I. 2008 (35:8 Md. R. 809) 

Regulation .12A amended effective May l. 2008 (35:8 Md. R. 809) 

Regulation .19H adopted effective May I, 2008 (35:8 Md. R. 809) 

Regulation .28 ndoptcd effective May I, 2008 (35:8 Md. R. 809) 

Regulotion .29 adopted effective May I. 2008 (35:8 Md. R. 809) 

26.13.06 Page 26 

Effective as ofNovcmber 12. 2010