### Tit le 26 DEPARTMENT OF THE ENV IRO N MENT Snbtillc 13 DISPOSAL O F CONTROLLED HAZARDOU S SUBSTANCES Chaplet· 116 Interim 

### S tatu s S tandards f or Own ers a nd Operators of 

### H azardous W as te Treatment,

**tm ·a~**  **\** 

### and Di s po sa l F acilitie s Authority: l·. nvironmcnt Article. Title 7. Suhtitlc 2. Annotutcd Code ol' Muryland .OJ G l•n ual. 

### A. Purpose, Scope , and Applicabil ity . (I} The purpose of 

### this charter is to establish mmunum State standards, which defi n e the acccrtable management of' 

### hazardous waste durin g the period of interim status. and un ti l : (a) Certification of linat closure under Regulations
.07-.11 of this chapter: 

### (b l P ost-closure requirements under Regulat ions
. 1 2- .1 5 of this chapter arc met, if those requirements apply : or (c) 

### A /ina 

### I CIIS permit is i ss ued u nd er COMAR 26.13
. 07. (2) 

### Excepl as provided in COMAR 26. 13.02 .05 or as otherwise prov ided in this chapter, thi s chapter applies to owners 

### anti operntors of the fo llow i ng hazardous waste management faci lit ies that tr eat . store, or dispose of hazardous waste: (a) Facilities in existence on the ef fective dat e of statutory or re gulatory amendments that render the fac ility sub j ect to the requiremen t to have a 

### C HS permit tor which th e owner or operator has compli ed w ith § B(l) of thi s regulation: (b) 

### Facilities in existence on November 19, 1980. for which the owner or operator has failed to pr ovide timely notification as required by §30 I O(a) 

### of RCRA or to file part A of the CHS permit applicati on as required by §B( I) 

### and (2) of this regulation ; (c) Facilities that were previously requ ir ed, because of federal r egu lations promulgated under the authority o f th e Hazardous and Solid Waste Amendments of 1984 , to meet th e requirements for interim status under 40 CFR 265 and 270: (d) 

### As sp eci fie d in CO 

### MAR 26. 13 .1 0.30, Jacilities that store military muniti pns classified as a solid waste under COMAR 26.13.10. 2 7B: and (c) 

### Facilitie s that provide the treatment and disposal of hazardous waste military munitions. (3) This cha pter applies to owners and operators of haz ardo us waste management facili tie s who are subject to the requ iremen ts of § 8 of this regulation and fa il to comply with these requirements. (4) 

### The requi r ements of this chapt er do not apply to: (a) A person disposing of hazardous waste by means of ocean disposal sub ject to a permit issued under the Marine Protection, Resea rch, and Sanctuaries Act ; (b) 

### The owner or operator of a facility pem1itted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, store s , or disp oses of is excluded from regu lation under this chapter by COMAR 26.13.02.05; (c) The owner or operator of a faci lity managing recyclable materials des cribed in COMAR 26. 13.02
.06A(2) and (3), 

### except to the extent that the requirements of this chapte r are referr ed to in COMAR 26.13.1 0.0 I, 

### .03, and .04; (d) A generator accumu lating waste on-sit e in compli ance with CO MAR 26.13.03 .05 E, except to the extent that COMAR 26. 13 .03.05£ requires the generator to comply with the requirements of this chapter; (e) 

### A fanner disp osing of waste pesticides from the 

### fam1er's own use in compliance with COMAR 26.13.03.0 7-4 ; (f) 

### The owner or op e rator ofa totally enclosed treatment fac ility as defined in CO

### MAR 26.13.0 1 .03B(81 ): (g) 

### The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in COMAR 26.13.0 

### J.03B , unless the unit is used to treat waste from of f-s ite;

26 .1 3.06 Page I Effective 

### as ofNovember 12. 2010DEPARTMENT 

### or: TilE ENVIRONMENT 2h.IJ .0 6 .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 hazard ous 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 dispo ses of hazardous waste; (j) Universal waste handlers and universal waste transporters handling the following wastes: (i} Batteries . as described in COMAR 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 -co ntaining 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 ofwaste 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) COMAR 26.13.05.09B. which concerns condition of containers. is complied with; and (iv) COMAR 26.13.05.09C, which concerns compatibility of waste with contai ners, is complied with. (5) Clarifications Concerning Responses to Emergencies . (a) The exemption under *A(4)(h) of this regulation applies only to immediat e response activities taken in response to the circumstances identified in §A(4)(h)(i)- (iv) of this regulation . After the immediate respon se 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 munition s emergency response, if a federal. State, tribal, or local official acting within the scope of that individual's official responsibilitie s, or an explosives or munitions e mergency 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 COMAR 26.13.04.0 I C and 

### f; and (iii) Without the preparation ofa manifest. (c) In the case of emergencies involving militaty munitions. the responding military emergency resp onse specialist's organizational unit shall retain records for 3 years identifying : (i) The dates of the response; (ii) The respo nsible 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 

### fDISPOSAl. OF CONTROLLED IIAZARDOUS SUBSTANt ' ES :?.6.13.0h.O I (6) A person may not manage hazardous waste with EPA Hazardous Waste Number FO:!O
. FO:! I. FO:!:!. F023 , FO:!(, , or F0:!7 at a l:tcility subject tn regulation under this chapter unless: (a) It is a wastewater treatment sludge generated in n surface impoundment as part of a planl's wastcwaler treatment systt:m: (h) The waste is s tored 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 t o do so under 

### COMAR 26.13.07. B . Required Submissions.

(I) Unless the Secretary establishes a lat er date as provided in §B(3) of this regulation, an owner or operator of a hazardous waste management facility in existence on the effective date of statuto1y or regulatory amendments that render the facility subject to the requirement to have a C' IIS permit shall submit part A of the permit application to the D epa rtment by the earlier or the following two dates: (a) 

### 6 months after the publication of the notice of final action on regu lations which first require the owner or operator to comply with the standard s set fot1h in this chapter or 

### CO MAR 26. 

### I 3.1 

### 0 ; or (b) 30 days after the date the owner or operator first becomes subject to the standards set forth in this chapter or COMAR 26.13.10. (2) 

### If an owner or operator of a hazardous waste management facility ha s filed part A of a CHS penn it application and has not yet filed part 

### B of the C'HS pem1it application, the owner or operator shall 

### file an amended part A application with the Sccrcta 1y : (a) Not later than the effective date of regulatory provisions listing or designating additional wastes as hazardous, if the facility is treating, storing, or disposing 

### of any of these newly listed or designated hazardous wastes; (b) As neccssa1y to comply with 

### CO MAR 26.13.07 .2 3C 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.

(a) The Sccreta1y may, by publishing a notice in the Ma1yland Register, extend the date by which owners or operators of existing hazardous was t e management facilities in a specified class of facilities are required to submit part A of the CHS permit application if the Secreta1y finds that: (i) There 

### has been substantial confusion as to whether the owners and operators of those facilities were required to fil e a pcnnit application ; and (ii) The confusion over whether owners and operators were required to file a permit application is the result of ambiguities in COMAR 26. L3.01, 26.13.02, or this chapter. (b) The Secretary may, by compliance order, extend the date by which the owner or operator of an existing hazardous waste management faci lity is required to s ubmit part A of the CHS penn it application. (4) The owner or operator of a facility that fails to comply with the updating requirements of §B(2) of this regulation has interim status on ly for the wa s tes covered by part A CHS permit applications filed in accordance with the r equj rements of this s ection. (5) The Secretmy may require the owner or operator of a faci lity

**operating~**ui1der interim status to file 

### a part B CHS pem1it application by a certain deadline. If the facility owner or operator fails to furnish a requested part B CHS permit application by the required deadline, or fails to furnish in 

### full the infommtion required to be included in the pa11 B CHS permit application. the Sccreta1y may te1minate interim status under COMAR 26.13.07. C. lnuninent Hazard Action. Notwithstanding any other provisions of this c hapter, enforcement actions may be brought under Environment Article , Title 7, Subtitle 

### 2, Annotated Code of Maryland, or other appl icable State authority
. 26.13.06 Page 3 Effective as ofNovember 12. 2010DEI'ARTMENT OF T ilE ENVIRONMENT

. 112 G e n eral Fa c iW y S l:md ard s. A. l :xccpt as provided in

**~*B** For this rcg.ulalion, the owner or operator of a facility subject to thi s chapter shall me et the requirements ofCOMAR 26 . 1 3. 05.02. H
. The requireme nts or ( ' OMAR 26. 13 . 05.02 0 (2)(c)(vi) . which concem additional waste analy sis requirements, arc not appl i cable . 

### C. In the waste analysis plan , the o wner or operator shall s pecify. when applicable, the methods which will be used to sntisfy the additional provisions l(>r waste anal ys is for specif ic waste management methods as specified in: 

### (I ) ( 'OMA 

### R 26. 13 .05. 1 

### 013. w ith which the owner or operator is r equired to co mp ly in Regulation . 18A of thi s chapter; (2) COMA R 26.13.05.1 I E. with which the owner or operator i s r

equ ir ed to comply in Regulation .198 of this chapter ; (3 

### l ( 'O MAR 26. 13 .05. 12C . with which the owner or operator is required to comply in Regulation .20B(2} of this chapt er; ( 4) Regulations . 22C and .22F of this chapt e r ; und (5) 40 CFR §§265 .2 73, 265.341,265.375. and 265.402, which a r c incorp orated by reference in Regulations .21A, .23A, .24A. and .25A of this chapter, res pectively. 

### D. Except 

### as provided in

**~E** of this r egu lation , an o wner or op erator shall comply with COMAR 26 . 13. 05.02F (2)( d). E. An owner or operator shall ensure that the inspection schedule requi r ed in §D of this regulation includes. at a mi ni mum , the items and frequencies called for in : 

### (I l 

### CO MAR 26.13.05.09E , with which the owner or operator is requ ired to comply in Regulation .17 of thi s c hapter; (2) COMAR 26.13.05.1 OD and .I 0
- 4. w ith which the owner or operator is r equired 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 thi s chapter; ( 4) Regulation .19G of this chapter; and

**/'~** (5) 40



# C~R *§265 .278. 265 . 347 , 265 .377, and 265.402, which arc i ncorporated by reference in Regulations .2JA, .23A : •

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

### f. For the purposes of this ch ap t er. an owner or operator: 

### (I} May s ub s titute the word "unless" for the words "unless it can be demonstrated to the Secr etary" in CO 

### MAR 26. 13 .05.02£( l ); and (2 ) Is not required to comply wi th COMAR 26.13 .05.02H(3) or 1(2), which concern documentation of compliance with general requirements for igni tab le, reactiv e, or incompatible wastes, and a is le space requirements, resp ectively . G. Location Standard. The placement of any hazardous waste in a salt dome, salt bed fonn ati on, or underground mine or cave is prohibited . 

### • 0

3 P repa r e dn ess a n d Prevention. A. Except as provided in §§ B and D of this re gu lation, an o wner or operator of a facility subject to this chapter s hall comply with COMAR 26.13.05.03. B. An ow ner or operator of a facility shall comply with §C of thi s reg ulati on instead of COMAR 26.13.05.038 during the period of interim status . C. Facil ity Operation. The owner or operator shall maintain and operate the facility to minim ize the possibility of a fire, expl osi on, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or s urface water which could thre aten human health or the environment. 

### D. An owner or operato r w ho is subj ect to thi s chapter is not required to mak e the demonstrations to the Secr etary requ ired in COMAR 26.13. 0 5.03C and 

### F , co ncern ing r equir ed equipment for use in emergencies and required aisle space, respectively.

.04 C onti ng ency P l a n and E m ergen cy P ro c ed m·es. A . Excep t as provided in §8 of thi s regulation , an owner 

### or operator of a facility subject to this c hapter shall comply with C O MAR 26.13.05 .04. 26. I3. 06 Page 4 Effective as ofNovember 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 regulalions

**an~** revised"
.



### .05 Mlmifcst Syste m , 

### 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 Ihis 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 t he results of waste analyses. waste dctenninations. and trial te sts performed as spcci lied 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) COMAR 26.13 .05.1 2C. with which the owner or operator is required to comp ly in Regulation .20B(2) of t his chapt er, (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 Regulati ons .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). a nd (b)(2), which arc incorporated by reference in Regulation .06A of this chapter; an d

**~** (5) In place of the requirement of COMAR 26.13.05.05 H (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 C lo s ur e- 

### 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 ofall interim status facilities. 

### B. Closure Performance Standard. The owner or operator shall close the facility 

### in a manner th at: (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 regu lation, the owner or operator shall have a written closure plan; 26.13.06 Page 5 Effective as ofNovember 12. 20 I0DEPARTMENT OF T il E ENVIRONMENT 26.1 

## :uu •.m: (2) Until final closure is completed and certified in <tccordance with Regulat ion .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 fla c ilities without approved closure pl ans. the owner or operator s hall pro v ide a copy o r the closur e plan during site inspections. llll the day or the in spection. to any orliccr. employee. or representative of the Department who is des ignated 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 I Kli nt durin g its activ e lir e. 

### C. Content 

# or the Closure Plan . The owner or operator shall assure t hat the clos ure pl an includes . at le ast: (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 l osu re of the fac ility will be conducted in accordance with §B of this regulati on. which s hall identify the maximum extent of the operations that will be conducted during interim status du rin g the active life of the facility; (3) /\n estimate of the maximum inventory of hazardous wastes ever on-s ite over the active life of the facility; (4) A dctai led d escripti o n of the methods to be used durin g partial closures and final closure, includi ng, but not limited to. methods for re movin g, transporting, treating, storing. or dispo sing ofall hazardo us wastes: (5} An identification of tbe type or types o f the off-site hazardous waste management uni ts 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, equ i pment. s tr uctures, and soil s during parti al a nd final closure. including, but not limited to: (a) Procedures for cleaning equipment and removing conta minat ed soils, (b) Methods for sampling and testing sun·ounding soils, and (c) Criteria for determining the ex tent of decontamination necessa•y to satisfy the clos ure performance standard;

**r"'~** ( 7) A detai led description of other ac!ivitics ncccssa 1y during the partial and final closure period to en sure 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 clos ure of e a ch hazardous waste management unit, and for final closure of th e facility, which include s, 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 require d by §C(8) of this regulation, estimates of the time required to treat or dispose ofall hazardous waste invent01y, and of the time required to place a final cover; a nd (1 0) An estimate of the expected year of final closure if the faci lity: (a) Uses tmst f und s to demon s trate financial assurance under 40 CPR 

### §265.143 or 

### 265.145, which are incorporated by reference 

### il1 Regulation 

### . 16 ofthis chapter, and ha s a remaining operating life that is less than 20 years , or (b) Does not have an approv ed 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 closur e 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) S ubmit a written request to the Secr eta 1 y to authori ze a change to the approv ed closure pl an; and (b) 'Include a copy of the amended closure plan with the written request for approval by the Secretary.
26.13.06 Page 6 EfTec tive as ofNovember 12. 2010DISPOSAl. OF ( 'ONTIHli.I.EI> IIAi'.ARDOUS SllBSTANCI : S (3) 

### Th e owner or operator slwll arm:nd the closure pl an whenever:

(a)

**Chan~es** 

### in

**operatin**
**~** 

### pla n s nr lir cility design a flct·t the closure plan; (b) 

### There is a dwnge in the expected year ofdosure. if applicable : or 26. 1 3. 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 l i1eility design or operation: or (b) 

### Except as provided in §D(5) 

### of this r egul atio n . not later than 60 

### days after 

### an unexpec t ed event occurs which has artccted the closure plan . (5) 

### If un unexpected event occurs during the partial or linul clos ure period thut requires 3 

### modifi cation 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 th is regulation nlso apply to. owners or operators of surface impoundments and was t e piles who intended to remove 

### all hazardous wastes at closure, but arc requir ed t o cl ose as landfi ll s in accordance wi t h Regu lation 

### .22B(3) of this chapter
. (7} 

### An owner or opera t or with an approved closure plan shall submit a modified plan to the Secretaty: (a) At least 60 

### days before the proposed change in facil it y desig n or o peration: or ( bl 

### Except as provided in

**§D(~}** 

### of thi s regulation. not more than 60 

### days after an unexpected event occurs which has aflcctcd the closure plan. (S) 

### If an unexpected event has occur red during the partial or final closur e peri od , the owner or operator shall submit the mod ified 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 operat ors of surface impoundments and waste piles who int e nded t o remove 

### all hazardous wastes at closure but arc required to clos e as landfills in accordance with Regulation 

### .228(3} of th i s chapter. Unless the amendment to the plan is a minor modification according to t he criteria in COMAR 26.13.07
. 13
- .13 -3, 

### the reque st for modification will be processed according to the procedures in §E{8), (9), 

### an d (10) 

### of thi s regul atio n . (I 0) 

### Modifications at the Request of the SccrctaJy. (a) The Secr eta 1y may request modifications to the clo sure plan under the conditions described in §D(3) 

### of thi s regulation. (b) 

### An owner or operator with an approved closure plan shall submit the modified plan within 60 

### days of tbe request from the Secr etary, or with in 30 

### days if the Secr etary h as made the request as a resu lt 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 pro cessed according to the pro cedures in §D(8), (9), 

### and (I 0) 

### of this regulation. 

### E. Notification of Partial Closure and Fina l 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 day s before the date on which the owner or operator expects to begin final closure if it involves a surface imp oundment, waste pile, land treatment unit, or landfill unit; (c) 4 5 days before the date on which the owner or operator exp ec ts to begin parti al or final closure of a boiler or indu strial 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 Eff ective as of November 1 2, 2010DEI'ARTMENT OF T i lE ENVIRONM EN T 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 s urface imp oundment . 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 facil i ty with only tanks, container ston1gc, or incinerator unit s. (3) ror the purposes of §E(l) and (2) of this regulati o n . the date when th e owner or operator expects to begin partial or final closure shall be: (a) Within 30 days after the date on which any hazardous wa s t e manngcmcnl unit rec e ives the known final vo lume of hazardous wast es: (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 addit i onal hazardous wastes, or by a later deadline established by th e Secretary under §E(4) of this regul ation; or (c) As provided in §E(5) of this regulation. (4) The Secr etary 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 manageme nt unit or facility has the capacity to receive additional hazar dous 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 th e final receipt of hazardous waste as provided by Regulation .09H of this chapt er, the date when the owner o r operator expects to beg in closure for the purposes of §E( I) and (2) of this regul ati on shall be not later than: (a) 30 days after the date on w hi ch the hazardous was te management unit rece ives th e known fina l 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 th ere is a r easo nable possibility that the unit will receive additional non-hazardous wastes, or by a later deadline established by the Secretary under §E(6) of this regu lation. (6) The Secretary may approve an ex tension 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 comp li ance with all applicable interim status requirements. (7) The owner or operator of the facility shall submit the closure plan to th e Secretat y 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) Iss uance 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 hazardou s 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 pl an; or 26.13.06 Pag e 8 Effective as of November 12 , 2010DIS I'< >SAl. OF CONT IW l.I.ED IIAZARDOllS SU BST ANCES (c) Rcqucsl a

**puhli~:** hem·inJ.! on !he closure plan. (IJ) Publk llearing.
. 

### 26
. 1 :ulC• . o<> (a) In rcsp<mse loa rcqucsl. Ihe Scc relary shall hold a publi c hearing wh enever 1 1 hearing might clarifY one or more is sues concerning a closure plan
. (b) In the absence 

# or n requ csl I(H · a public he aring. :1 hearing may be scheduled a t !h e Secrelary's discr etion. (c) T he Sccrclary shall give public notice ofthc hearing at least 30 days before the hearing occurs. (d) Public notice o f the hearing may be given at the same time as notice of the opportunity for the public to submit wrinen co mments. ;md the t\ VO n otices may be co mbined. ( 10) Secretarial Approval. Modification. or Disapproval of Closure Plan.

(a) The Sccr etmy shall approve. modify. or disapprove the p lan within 90 days of the receipt of the plan. (b) If the Secretary docs nol approve the clowre plan, the Secretary shall give the o wner or operator a de tailed written s tatemen t of reasons for the refusal. (c) The owner or opera t or s hall modify the closure plan o r submit a new plan for approval within 30 days after receiving the wriuen sta tement provided under §E( I O)(b) of this regulation
. (d) The Secretary shall approve or modify th e new or revised closure plan submitted under § E(IO)(c) of this regulation in w r iting within 60 days. If the Secretary modifies the clo sure plan, this modified closur e p lan become s the approved closur e plan
. (c) The Secretary shall assure that the approved closure plan is consis t ent with R egulations .078 and

**.0 8-**  **.1** I of this chapter, the applicable requ ir ements of Regulations .06 .. I 8 0, . 19 8(4) , .208(6), .22 8(3) , .2 8, and
.29 of this chapter, and 40 CFR §§265.2go, 265.35 1 , **265 .3~1.**  and 265.404. which arc incorpor ated by reference in Regulations .21A, .23B , .24A. and .25A of this chapter. respec tively. (f) If the Secretary modifie s the clos ure plan. a copy of the modified closure plan with a deta iled statement of reasons for the modifica tion s shall be mailed to the owner or operator. (I I) Removal of Wastes and Decontamination or Dismantling of Equipment. This r egul ati on does not pr ecl ude the owner o r operator fi·om remov ing hazardous waste s and decontaminating or dis mantling equipment in accordance with the approved partial or fi na l closure p lan at any time before or after notification ofpartial or final closure
.



### .09 Closure

- Time Allowe d for Closure. A. Bef or

e the later of the fo llowing two dates, the o wner or op erator s hall treat. remove from the hazardous waste management unit or facility. or dispose of on-site, all hazardous wastes in accordance with the approved closure plan: (I) 90 days after r eceiving the fi nal volume of: (a) Hazardous wastes, or (b) Non-hazardous wastes if the requir ements of §§H
- 0 of this regulation are met; or (2) 90 da ys after approval of the closur e plan. B. Subject to the requirements of §§C and G( I) of this regul a tion, the Secreta1y may approve a longer perio d for closure than th at sp ec ified in §A of this re gulation if the own er or op erator demonstrates that: (I) The activities required to comply with §A of this regulation will, of necessity, take longer than 90 da ys to complete; or (2) The following condi tions are met: (a) T he h azardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the fac ility owner or operator complies with §§ H
- 0 of this regu lation , (b ) There is a reasonable likelihood that the owner or ope rator or ano ther person will recommence operation of the hazardous waste man agement unit or facility within I year, and (c) Closure of the hazardou s waste management unit or facility would be incompatible with continued operation of the site. 26 . 13 . 06 Page 9 Effective as ofNovember J2, 20 I0DEI'ARTMENT OF TilE ENVIRONMENT 26.1:1.06.09 ( ·. In addition to the requirements of

**~B** or this n:gulatiun, the owner m operator reque sti ng a longer time for closure shall demonstrate that all steps nec essa ry 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) 

### IXO dllys after receiving th e linal volume uf lmzardous wnstes nt the hazardous waste management unit or fncility. or th e linal volume of non - hazardous wnstes if the ow ner or operator complies with the requ ir ements 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, ofnecess ity, take longer than 180 days to complete; or (2) The following conditions arc m et: (a} T he hazardous waste management unit or facility ha s the capacity to receive additional hazardous wastes. or has th e 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 request ing 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 r egulation at least 30 days before the expiration of the 90-day period speci lied in §A of thi s 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, unl ess the owner or operator is otherwise subject to the deadlines in §H of thi s 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 app lication, or a part B CHS petmit application, if not previously requir ed; (2) Demonstrates that: (a) The unit has the existing de sig n 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 -hazardou s 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 un der this chapter, (d) Closure of the hazardous waste management unit would b e incompatible with co ntinu ed 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. 2010I)ISI'C)S/\L C>F ('ONTROLLED IIA ZA RDOUS 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 applicati on, updated cos t 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 ha zardous cons titu ents 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 c hapter. as a result or the receipt of non - hnznrdous wastes following the final receipt of hazardou s wastes; (5) /\mends thc · part B CI!S permit application, as necessary and appropriate, to account for the receipt of non-hazardous wastes following re ceipt or the final volume of hazardous wastes; (6) Submits the part B 

### Cll S permit appli cation and the demonstrations referred to in §H( I )-(4) of this regulation to the Secretary by the lat er 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 th e 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 line r 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 op erator of a hazardous wa ste surface impoundment ide ntified 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 hazardou s sludges to the extent practicable without impairing the integrity of the liner or liners, if any; (3) Complete removal of hazardous wastes not later than 90 days after the final receipt of hazardous wastes, unless the Sccreta1y 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 wi ll 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 R egulation .06 of this chapter:(a) Implement corrective measures in accordance with the approved contingent corrective measures plan required 

### by §I( 1) of this regulation not later than 1 year after detection of the release, or approval of the contingent corr ective mea sur es plan, whichever is later; 26.13.06 Page II Effective as ofNovember 12, 2010I>EI'ARTMENT OF

**Till ~**  ENVIRONMENT 

# c :!6. LUl(>.l 0 (o) 

### El ect to receive wastes at the unit f(lllowing detection of the release only if the approved correcti ve measures plan indudes a demonstration thai continued n:ceipl ofw;lsles willnnl impede corrective action: and (c) I mplement coiTeetive mcasun:s in less than I 

### year. or 

### cease receipt of waste s unti l 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 imp lement 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 implementi n g 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 un der §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 thi s regu l ation; (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 deadline s 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 t he facility's back ground 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 C losu r e - Disposal o r Dec ontami n at ion of Eq uipment, Struct u res, a n d Soil s. A. During the partial and final closure period s. the owner or operator shall properly dispos e of or decontami nate all contaminated equipment, structures, and soil unless speci fied 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, 2010DISPOSAL OF CONTROLLED IIAZARDO US SUBSTANCES 2(l. 13 .Oh. 12 B . By removi ng all hazmdous wastes or ha:t.anl ous 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 nccordnn ce with all npplicable requirement s or CO MAR 

### ::!<l.IJ.OJ
.

. II Crrtil1catiun uf Closure. A. W ithin 60 days or complet ion of closure of each ha7.ar dous waste surface impoundment, waste pile. land treatment unit. and landfill unit. and wi t hin 60 days of completion or final closur e . the owner or operator sha ll s ubmit to the Secretary. by reg istered mail. a ccnilication that the hazardou s waste manage ment unit or facility. n s applicable. has been closed in accordance with the :;peci l ications in the appruved c losure p l an. B. The certificatio n r equired in *A of this regulation shall be sig ned by the owner or operato r and by an independent reg istered prolcssional eng ineer. 

### C. The owncr or operator shall furnish do c umentation s upporting the independe n t rcgi stcrcd professional engin eer's certification to the Secretary upon request until th e ow ner or operator is re leased fi·om the financial assurance requirements li.w closure under 

### 40 CFR *26S.I43(h). which is incor porated by refere nce in R egulation . 1 6 of t his chapter
.

. 12 Post-C1o s u 

### rc. A . Appli cab ility. Thi s regulation and Regulation s 

### . 13- . 15 of thi s chapter app ly to the owners and operators of: (I) All hazardous waste disposal facilities; (2) Waste piles and surface imp oundments for which the owner or operato r intend s to remove the wastes at closure to the e xtent that these regulati ons arc made app licable to these faciliti es in Regulation 

### . 198(4) or .20B(6) of this chapter ; 

### (3} Tank sys tems that arc required under Reg ulation 

### .180 of thi s chapter to meet. under CO MAR 

### 26.13.05.1 0-7C . th e requ irements for landfills ; 

### (4 ) Hazardous wa ste munitio n s and explosives storage units that arc r equired under Regulation 

### .28 of this chapter to m eet. under COMAR 26.13.05.21 C(3). the requ irements for landfills : and 

### (5) Conta inment build ings that a rc required under Regulat io n 

### .29 of this cha pter to meet , under CO MAR 26.13. 05 . 1 8-JC. t he requirements for landfi ll s.

B. Survey Plat. (I) Not later than the date of submission of the certification of closur e of each hazardous waste di s posal unit, an owner or operator shall sub mit to the lo cal zoning authority, or the authority with jurisd iction over local land use, and to the Secretary, a s urvey plat indicating the locatio n and dimension s of landfill cells or other hazardous w aste di sposa l units with respect to permanently surveyed bench marks . (2) The s tuvcy plat s ha ll be prep ared and certHicd by a pro fess ional land surveyor. (3) The su rvey plat file d with the local zoning autho1ity or the aut hori ty with jurisdiction over local land use, as required in §8( I) of th is regulation, shall contain a note, prominently disp laye d, which states the owner's or operator's obligation to restrict disturbance of the hazardou s waste disposal unit in accordan ce w ith the applicable req uirement s of Reg ulations .07- .15 of this c hap ter. C. Post-Clos ure Car e and Use of Property. (I) Post-closure care for each hazardous waste management unit subject to the requirements of this sectio n and Regulati ons .1 3-. 15 of thi s c hapter shall begin after completi on of closure of the unit and continue for 3 0 years after that date. (2 ) Po s t-closure care required in §C(l) of thi s regulation shall cons ist of at least the fo llowing :

(a) Monitoring and reporting in accordance wi th the requirement s of Regulati ons .06 and .19-.22 of t hi s chapter; and (b) Maintenanc e a nd monitoring of waste co ntairm1ent sys tems in accordance with the requ ir e ments of Regulations
. 06 and 

### . 19-.22 of this chapt er.

26.1 3.06 Page 13 E ffe ctive as ofNovembe r 12. 2010DEPARTMENT 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 Jaci lity that is subject to post-closur e care requirements or li 

### mll dosurc: or {b) At any time during the post-closure period lor 

### a particular hazardous waste disposal un it. {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 Sccrc tary finds that the reduced period is sufficient to protect human health and the environ ment. for example, by determinin g that leac hate or ground water monitoring results, characteristics of th e hazardous waste, application of advan ced tec hnolo gy. or a lte rnative di s posal , treatment. or reuse techn iques indicate th a t the hazardous waste management unit or faci lity is secure. (5 ) The Secretary may extend the post-closure care period applicable to a hazardous waste management unit or facility if th e Secretary f inds th at the e xtended period is nccessaty to protec t human health a nd the environment. For example. the post-closu re care p eriod may be ex ten de d if leachate or g,round water monitoring results indicate a pote ntial for migration of hazardous wastes at levels which may be harmful to human health and the environment. (6) The Secretary may require. at partia l and final closu re, co ntinuati on of any of the security requirements of Reg ulation 

### .02 of this c hapter during, part or all ofthe post-closure peri od when: (a) Ila zardous wastes may remain exposed after completion of partial or final closure; or (b) Access by the public or domesti c livestock may pose a hazard to human health . (7) I f hazardous waste remains on or in a property after partial or final closure, a person may no t engage in any post-closure usc of the property which would disturb the integrity of t he 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 d isturban ce: ( (a) Is nccessa 1 y to the proposed usc of the property, and will no t increase the potential hazard to human health or the environment; or (b) Is necessa1y to reduce a threat to human health or t he environment. (8) Al l pos t-closure care activities s hall be in accordance with th e provisions of the approved post-closure plan as specified in Regulation . 

### I 3 of th is c hapter .



### . 13 Post-C l osure Plan; Amend me nt o f Pl a n. A. Wr itten Plan . (I) By M ay I 9 , 1981, the owner or operator of a hazardous waste di sposa l unit shall have a w ritten post-closure plan. (2) An owner or operator of a surface impoundment or waste pile who intends to re move all hazardous wastes at closure shall p repare a post -c losu re plan and submit it to the Secretary within 90 days of th e date th at the owner, operator , or Secrcta ty 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 Secretat y upon request , including request by mail. C. During site inspections , on the day of the inspection, the owner or operator of a faci li ty 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 oftb is regulation during the post-closure period . 

### E. For each hazardous waste management unit subject to the requirements of this section. the ow ner 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 Effectiv e as ofNovember 12, 2010DISPOSAL OF CONTROU.ED IIAZARDOli S SliBSTA NCES

**26.l**

**.~ .(JCl.l**  J (2) Include in lhe posl-closure plan. al lc.:asl. !he

**follow**
**n~**

**:** (a) A description of the planned monitoring activilies. ;md frequencies at which thcy will be perfonncd, to comply with Regulations .OC1 and
. IC) 

### .22 of this ch apter during the post-closure care period. (h) A deseriplion of the rimmed maintenance activities. and fi·cquencies al which they will be performed to ensure the

**inte~rily** of I he cap and final cover or other contaimm:nt sys tems in accordance with the requirements of Regulations 

### .19· .22 of this chapter. (<:) A description of the planned maintenance activities. and frequencies al which they will be per formed. to ensure the function of the monitoring equipment in accordance with the requirements of Regulations .06 and
. 19
- .22 of this chapter. and (d) The name, address. and phone number of lhe person or office to contact nbout the hazardous waste disposal unit or fhcility during the post-closure care period. 

### F. Amendment 

### of Plan
.

(I) The owner 

### or operator may amend the post-closure plan at any time during th e active li fe of the facility or during the post-closure care period. (2) An owner or operator with nn approved post-closure plan shall submit a written request to the Secretary to authorize a change to the approved plan. The wrillcn request shall include 

### a copy of the amended post - closure plan for approval by the Secretary.
plan. (3) The owner or operator shall amend the post- closure plan whenever: (a) Changes in operating plans or facility des ign 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- clo su re plan:

(a) At least 60 days before 

### a proposed change in facility design or operation which will aff ect the po st-closure plan; or (b) Not later than 60 days after an unexpected event has occutTcd which has a ff ected the post-closure plan
. (5) An owner or operator with an approved post- closure plan shall submit the amended plan required by §F(3) and (4) of this regulation to the Secretary: (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. (6) An owner or operator of a surface impoundment who failed to remove all hazardous wastes at closure in accordance with Regulation
. I 98(4) of this chapter, or an owner or operator of a waste pile who failed to remo ve all hazardous wast es at closure in accordance with Regulation .208(6) of this chapter, shall: (a) Clo se the unit as a landfill 

### in accordance with Regulation .22B(3) of this chapter; and (b) Submit n post-c losure plan to the Secretary within 90 days of the determination by the owner, operator, or Secretary that the unit is t o be closed as a landfill. (7) Unless the amendment to the post- closure plan is a minor modification according to the criteria in COMAR 26.13.07.13-.13-3, the modification to the post-closure plan shall be approved according to the procedures in 

### §§J-M of this regulation. (8) Modification at the Request of the Secretary. (a) Th e Secretary may request modifications to the post-closure plan unctet: the conditions described in §F(3)(a) and (b) of this regulation. · (b) An owner or operator with an approved post-closure plan shall submit the modified post-closure plan not later than 60 days afler the request from the Secretary.
26.13.06 Page 15 Effective 

### as of November 12, 2010DEPARTMENT O F Tl I E ENVIRONM ENT 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 int ended to remov e all hazardous wastes at dosurc is required to close the facility as a landfill. the owner or operator shall submit a post-clo s ure plan for 

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

### Ci . The owner or operntor or a facility with haza rdous 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 do s ure of the fi rst hazardous waste disposal unit. II. 

### For the pu rpose of §G 

### of t his regulation , the date on wh ich the owner or operator expects to begin closure of the first haza rdous waste disposal unit shall be either: (I) Within 30 

### days after th e date on which the hazardous waste management unit receives the known final volume of hazardous waste; or (2) 

### I 

## r there is 

### a reasonab l e possibility that the owner or operator of the hazardous waste management unit wi ll

**la e~**  

### 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 faci lity s hall 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 fac ility simultaneously with tem1ination of interim status; or (2) I ss uanc e 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 publ ic hearing is held , the Secretary shall give public noti ce of the hearing at least 30 days before it occurs. L. The Sccr ctaty 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 th is regulation in writing within 60 days, and, if the Secrc taay further modifies the plan. designate this modified plan as the approved post-closure plan; (4) 

### E nsure that the approved post-clos ure plan is co nsistent with this section and Regul ations .12 . . 14, 

### and .15 

### of this chapte r ; and (5) 

### Mail to the owner or operator 

### a copy of the p lan 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 thi s r egulation, and may combine the two notices. 

### N. The post-closure plan and length of the pos t- 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 12,2010DISI'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. P. A person suhmilling a petilion as
**des~.:ribed** in

**~0** or thi s regulalion shall include in !he petition evidence demonstrating that: (I) The secure nature or the hazardtlUs waste management unit or facility either makes the post-closure care requirements unnecessary, or supporls reduclion or !he posl-closurc care period specilied in the current post-closure plan. based upon inl<.mnation such as leachate or ground water monitoring results. characteristics of Lhc wastes. application of advanced technology. or alternative disposaL treatment. or reuse techniques which indicate that the fitcility is secure; or (2) The requested extension in the post-closure care period or alteration of post-closure care requirements is ncc essaty to prevent threats to human health and !he environment, such as when leachate or ground water monitoring re sults indicate a potent ial lor migration of hazardous wastes at levels which may be hannfulto human health and the environment. 

### Q. Consideration of Petitions by the Secretary. (I) The Seercta ty shall cons ider the petiti ons descri bed in *§0 and P of this regulation only if the petitions present new and relevant information not previously co nsidered by the Sccrctaty
. (2) In considering a petition, the Secretary : (a) Shall provide the owner or operator and lhe public, through 

### a newspaper notice, the opportunity to s ubmit written comments up to 

### 30 days after the date of the notice; (b) Shall , in response to a request by the owner or operator or the public, hold a public hearing if a hearing might clarify one or more issues conccming the post-cl osure plan; (c) May, at the Secretary's discretion if no reque st is received, hold a public hearing if a hearing might clarify one or more issues concerning the post- closure plan; (d) S hall g ive th e public notice of a hearing at least 

### 30 days before the public hearing occurs; and (c) May give public notice of the hearing under §Q(2)(b) and (c) of this regulation at the same time as notice of the opportun ity for written public co mments under §Q(2)(a) of this regulation, and may combine the two notices. (3) After con s idering the public comments, the Secretaty shall issue a final detem1ination , based upon the criteria set forth in §P of this regulation. (4) If the Secretary deni es a petition described in §0 of thi s regulation , the Sccreta1y shall send the petitioner a brief written response giving 

### a reason for the denial. 

### R. The Secreta1y may:

(I) Tentatively decide to modify the post-closure plan if the Secretary considers modification of the plan to be necessa1y to prevent threats to human health and the environment; and (2) Propose to extend or reduce the post-closure car e period applicable to a hazardous waste management unit or facility based on cause or a lter the requirements of the post-closure care period based on cause. S. The Secretaty shall provide the owner or operator and the affected public , through a newspaper notice, the opportunity to submit written comments up to 

### 30 days after the date of the notice and the opportunity for a public heating as described in §Q(2)(b) and (c) of this regulation.

T. After considering the conunents rec eived, the Secretaty shall issue a final determination that is based upon the same criteria as required for petitions under 

### §P of this regulation. U
. Tempormy Suspension. (I) The Secretary may include, in the final determination under

**~R** of thi s regulation, 

### a modification of the post-closure plan, which includes, when appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. (2) At the end of the specified period of suspension, the Secretary shall determine whether the requirements should be pem1anently discontinued or reinstated to prevent thr eats to human health and the environment. 26.13.06 Page 17 Effective as ofNovember 12, 201 0DEPARTMENT OF TilE ENV I RONMENT 21>.13.06.1-1

. I-t Post-Clos ure 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 di sposa 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. 

### I28 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 ope rator has recorded the notation specified 111 Regulation . 148( I) of thi s 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-c losure plan in accordance with the requirements ofRegulation .13N
- U o( 

# 1 this chapter; (2) Demonstrate that the removal of hazardous wastes will satisfy the criteria of Regulation 

### .12('(7) ofthis 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 requ est 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 s e arch; or (2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste .

. 15 Cert ification of Co mpletion of Po st-C losure 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 re gu lation shall be signed by the ow ner 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 R equirements.

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 Effec tive as ofNovember 12,2010

# ( DISI'OS/\1. OF ('ONTIWLI.ED 11/\Z/\RDOliS SUBSTANCES 26. 1 J.O(LI X B. For th e pliiVOSCS of' this

**re~ulat** ion: (I) Sub s lilut c "Set.:retary" for "Rq!iona l Admini s trator":

**(~)** Substitute "lkpar lmcnl" f'or "hw ironmcn tall' rotct.:lion Agency": (J) In establishing the linam:ial assuram:c l (lr closure required by 40 CFR *265.143. a person may not usc the financial test 

### or corporate gua rante e described in 40 CFR *2(1:'\.14.\(e): ( 4) In establishing the lin;meial assurance fur post-closure care required by 40 CFR *265.145. a person may not usc the financial lest 

### or corporate guarantee described in 40 CFR *265. 145 (c ): (5) 40 C FR *265.140(h)(.:1) is not incorporated by reference: and (6) In 40 CFR *265. 142(a) . the reference to 40 C FR *265.11 02 i s not applicab l e .



### . 17 Us c and Management of Containers.

The ow ner or operator of' ;1 facility at which containers arc managed and who is s ubject to this chapter shall comply with COMAR 26.13
.05 .09.



### . 1 8 R cq uit·em e n ts for Haza1·dous Waste Management in Tank Systems.

A. General Requirements. An ow ner or o p erator of a tank o r tank system who is subject to th is cha pt

er shall: (I) Except a s provided in §§A(2) , 

### B. and C of this re g ulati on, comply with COMAR 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) COMAR 26.13.05 .1 0-7. comply instead with t he requirements of 

### §D of this regulation, and (b) 

### C OMAR 26 .1 3 . 0 5. 1 

### 0-7C. comply instead with the r eq uir ements of §0(3) of t hi s regulation. 

### B. Request for Vari ance f ro m Secondary Containment; Additional Requirements. (I) The Secretary shall:

(a) Inform the public. thr ough a newsp aper noti ce, of the avai lab ility of th e demonstration for a variance required in CO MAR 26. I 3.05.1 0-5F; (b) Place the notice in a dai ly or weekly major local newspaper of general circulation; and (c ) Provide at

**J~ast** 30 day s from the date of the notice for the public to review and comme nt on the demon s trati on for a vari ance. (2) He aring s on D e mon s tration s for Variances
. (a) The

**Scc reta~**  **y** shall, at the Secrctaty's discretion or in response to a request for a publi c hearing, hold a public hearing if 

### a hea ring might clarif y one or more is sues conccming th e demonstration for 

### a variance. (b) Public no ti ce of the hearing : (i) Shall be given at least 30 days before the date of the publ ic hearing ; and (ii) May be given at th e same time a s notice of the opportunity for the public to rev iew and comment on the demonsu·ation for a variance. (3) Th e public notices required in §B( I )(a) and (2)(b) of this regulatio n may be combined. (4) Action on Request for Variance
. ( a) The Secretary shall approve or disapprove the written requ es t for a variance within 90 days of receipt of the de mon s tration from the owner or operator, and s hall notify in writing the owner, operator, and each person who submitted written comments o r requested notice of the v ali ance decision. (b) 

### If the demonstration that is submitted in support of the written request for a vari ance is incomplete or does not include suffici ent infom1ation, the 90-day time period un der 

### §B(4)(a) of this regulation shall begin when the Secretaty re ceives a complete demonstrati on . including all infom1atjon necessary to make a final determination. 26.13.06 Page 19 Effective as of November 12 .2010DEPARTMENT OF TilE ENVIRONMENT

**~(I.I.Hl6.1** tJ 

### (5) I 

## r the pub lic comment period in * 'HI) or this r egula tion

**i~** 

### extended. the 90 -day time period under *B{ 4) (n) of thi s regu l ation sha ll be simi larl y ex t ended. 

### <.•. An ow ne r or opcmtur or a l:mk or tank system : (I) Sha ll . in p l ace o r the n :qui rcmcnt of ( 'OMAR 2(1. 13 .05.1 OD( I) . ins pec t. i r pr esent . ovcrlill or spill control equipment . such ns waste-feed cutoff sys tem s. bypass sys t ems. ami drainage systems. at least once each operating day to ensure that the eq uipment is in good worki n g order; (2) Shall. in place or the requirement of COMAR 26. 13 .05.1 0 -3B (9). provide the type and degree of corrosion protec ti on n

ecessary, bas ed on t he

**information;~** 

### I requirements or CO MAR 26.1 3.05 .1 0-3 B(2l(c). to ensure the integrity of the tank sys t em during its usc: (3) Is not subject to the requirement of COMAR 26.13.05.10-JA that the written assessment required by COMA R 1(1
. 1 3. 05.1 

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

(4) Shall substitute "COMAR 26. 13.06.020" lor "40 CFR §264.1 R(al" in CO

### MAR 26.13.05 . 1 0
- 3B{2)(e)(ii) ; (5) S hall. in addition to the requirements of 

### C OMAR 26.13.05.10-48(4). ass ure th at the secondary containment system has suffici ent st rength and th ickness to prevent fai lure due to the stress of in s ta llation ; (6) Is not req uir ed to make the demonstrations to the Secretar y requ ired in COMAR 26.13.05.10-4 8 (6) and C; and (7) Shall, in place of the r equirements of 

### CO MAR 26. I 3.05 . I0-4 G( I )-(4). conduct an annual tank assess ment that meets the req uirements of CO MAR 26.13.05. I 0-28(3)(e) for both enterable and non - enterable tanks. D. Closure and Pos t-C l os ure Care o f Tank Sy s t ems. (I) At the clos ur e of a tank system , the owner or operator shall remo ve or decontaminate all waste residues, contam in a t ed containment system components, co ntamin ated soils , and s tructures and equ ipment contaminated w ith waste, and manage them ns hazar dous waste, unless COMAR 26.13.02.03 0 app lies. ( 2) A n owner or opera tor shall ensure that the closure plan, closure activities. cost estimates for closure, and financia lf '. responsibility for tank sys t ems meet all of the requirements specified in Regulation s .07
- . 16 of this chapt er. \. (3) I f an owner or operator demonstrates that no t all co ntaminated soils can be pract icably removed or d econtaminat ed as required in *D( I) o f thi s regulati on. then the owner or operator shall close the tank s y s tem and perform post-closure care in accordance with the closure and post-closur e ca r e requir ements of Regulation .22 of this chap ter whi ch apply to landfills. In a dd it ion. fo r the purp os es of closure , post -e losmc , and financial responsibility, the tank system is then co nsidered to be landfi ll, and the owner or operator s hall meet all of the requirements for landfills specified in Regulation s .07---. 1 6 of thi s 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 con tain ment requir ements in accordance with COMAR 26 .13. 05.10
-5 , then the owner or operator shall : {a) Inclu de in the c losur e plan for the tank sys t em a: (i) Pl an f o r complying with §D( I) of this regul ation , and {ii) Contingent p lan for co mp lying §D{3) of thi s regulation; {b) Prepare and sub mit a contingen t post- closur e plan f or complying with §D(3) of thi s regulation as part of the part B CHS p etmit a ppl icati on required under Regulation .O IB(5) of this chapter; {c) Reflect , in the cost estimates c alculated for clos ure and post- closure care, the costs of complying w ith the contingent closure plan and the contingent post-closure plan. if those costs are greater than the costs of complyi ng with t he clo sure plan pr

epared for the expected clos ur e under §D( 1) of this reg1.1lation; (d) Base financi al ass urance on the cost estimate s d evelop ed in accordan ce with §D(4)(c) of this r e gulation; and (e) Ensur e that the contingen t clos ure and po st-closure plan s meet 

### a ll of the closw-e, post-closur e, and fm ancial responsibility requirements for landfills under Regulation s .07- . 16 of thi s chapter.

26.13.06 P a ge 20 Effective as of Novem ber 12,2010I >lSI'< >S.A l. 

### < >F ( 'ONTROI.LED I I.AZ.A RDOUS SUBSTANCES 26. 1.1.0(1. 1 I)

. I IJ

**url"m :~**  lmp u undm l' llt s . .A
. Applicabilily. Thi s regulation applies to owners and operalors of !itci litic s 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 *('ofthis 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 IG(2). comply with the post-closure requirements of Regulations .12 

### .15 of this chapter instead 

### of the requirements of 

### COMAR 26. 1 3 .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 comp liance 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 ofCO 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 a lso place ignitable 

### or reactive waste in a surface impoundment if the owner or operator: (a) Manages the waste in such a way th a t it is protected from any material or conditions which may cause it to ignite o r react, (bl Obtains a certification from a qualified chemist o r engineer that, to the best of the chemist's or engineer's know ledge and opinion, the design features or operating plans of the faci lity 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 Requ irements Concerning Freeboard
. The owner or operator: (I) May maintain a freeboard level less th an 60 centimet ers (2 feet) in a surface impoundment if rhe owner or operator obtains certification by a qualified engineer that alternate design features or operating pla ns will, 

### to the best of the engineer's knowledge and opinion, prevent overtopp ing of the dike; and 

### (2) Shall , if the owner or operator maintains 

### a freeboard level of les s 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. De s ign Requirements.

( 1) This section applies to each new surface impoundment unit, replacement of 

### an existing sUJface impoundment unit, or lateral expan s i on of an existing surface impoundment unit that is wit h in 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 regu lation 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) Perso ns sub mitting a written notice under §E(l) of this regulation shall fi le 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, 2010DEI'Aifi'I\ • IENT OF T il E ENVIRONMENT ] (1 . 1.\.06.20 

### F. Liner and Leachate ( 'ollection System Requi reme nt s for Initial Permits. (I} 

### Except as pro vided in * F(2) of 

### this regulation. the Secretary, when issu ing t he first rcnnit t o a facility for a unit subject to this regulation. may not requ ire th e inslallation or a liner or leachate co ll ection system ditlcrcnt from that whi ch was installed und er *[)(:2} 

### (lf this re!_!ulation if the owner or 

### opemtor perlim11ed the installati on in good fi1 ith compliance with : (a} 

### The requirements of *D(2) of 

### this regulation: and (bl 

### Guidance documents governing liners and leachate co llecti on systems under *D(2} 

### of this regulation that have b een is s ued by the Department or 

### the 

### U.S . Environmental Protection Agency . and which were the lates t guidance at the time of 

### insta llation of 

### the system . (2} 

### The Sccreta 1 y may re<Juirc the ins tall ation of a new liner if the Secr etary has reason to believe that a liner installed in response to th e req uirements of *0(2} 

### o f this re gu l atio n is leaking. G. 

### Inspections. The owner or operator of a surface impoundment shall inspect: (I) 

### At leas t once each orcratin g day: (a) The freeboard level to ensure compliance with COMAR 26.13.05.11 C(2). or (b) 

### The compliance with alternate desi gn fea tures or operating plans that serve to prevent overtopping if freeboard is all owed 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 surroundin g the dikes. to detect any leaks. deterioration. or f.1i lurcs in th e impoundment. H
. 

### Compliance Schedule-Newly Regulated Imp o undment s. (I) 

### The ow ner or operat or of a surface impoundment that is newly subject to §3005(j )(I) 

### of RCRA due to the promulgati o n of additional listings or characteristics for t he identification of hazardous waste shall assure that the surf a ce impoundment is in co mpliance with § D 

### of this regulation not later than 48 

### months after the promulgation of th e additional lis ting or characteristic. , (2) The complianc e period of *H( J) 

### of thi s regulation may not be cut short as a result of the promulgation of land disp osal( 

# 4 restrictions under 40 CFR Part 268 or the granting of an ext ension to the effective date o f a prohibition under 40 CFR §268.5 with in the 48
- montb period identified in §H(l }

### of this regulation .

.20 Waste Piles.

A. 

### Appli cabi lity. (I) 

### This regulation applies to owners and operators of facilities that store or treat hazardous waste in piles , except as §A(2) of t his r egulation or Regulation .01 of this ch apter othe1w i se provides. (2) 

### Instead of complying with the requireme nt s of this regulation for th e storage or treatment of haza rdou s waste in pile s. an owner or operator may manage the pil e of hazardou s waste as a landfill in compliance with the requir e ments of Regulation . 22 of this chapter. (3) This regulation is not app l icable to was t e piles that are closed wi th wastes left in p lace. Owners or operators of these waste piles shall comply with the requirements of Regulation 

### .22 of this chapter. B. 

### An owner or operator ofa waste pile subject to this regul ation shall comply with : (I) 

### CO MAR 

### 26 .13.05.128(6), concerning the control of wind dispersal ofparticulate matter; (2) COMAR 26.l3.05.12C, concerning waste analysis ; (3) COMAR 26.13.05.12E. conc eming 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 requirement s for incompatible wastes; and (6) COMAR 26.1 3.05.12 1( I) 

### and (2 ), 

### concerning closure and post-clo sure care.

26 .13 .0 6 

### Page 22 Effective as of November 12, 2010DISPOSAL OF ( ' ONTIH ll.l.ED IIAZARDOUS SUBSTANCES 26. 1 

### :u}( • . :!.:! 

### C. Control of Precipitation. Run-orr. and Run -o n. If le achate or run -o ff from a pil e is a ha7.a rdou s 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 tr eatment 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) COMAR 26.13.05
. 128(4)
. co nccming 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 haza rdo us 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 COMAR 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 26.13.05.l2F
. except that a waste pile that is t o be closed under COMAR 26.13.05.12F(6) shall be closed in accordance with COMAR 26. 13 .05.12 1( I) and (2) .



### .21 Land Treatment.

A. Except as provided in §B of this regu lation , an owner or operator of a land treatment facility shall comply with 40 C'fR §§265.270-265. 2 82, which arc incorporated by refer ence in COMAR 26 . 

### J 3.0 1.05B( 

### I )(b) . 

### B. For the purposes of this re gu lation : (I) Substitut e "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. 1 3 . 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 treatmen t zone unless the waste and treatment zone meet all applicable requirements of 40 CFR part 268"; and (5) 

### In addition to th e requirements of 40 CFR §265.272, the owner or operator shall operate and maintain the treatment zone to minimi ze 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 facil ity . A waste pile used 

### as a disposal facility 

### is considered to be a landfill. 26.13.06 Page 23 Effective as ofNovember 12, 20 J 0I>I'I'ARTMI'NT OF TilE ENVIRONMENT B. An owner or operator 

# or a landlill

**~uhjccl** lo th is regulation shall comply with the following: (I) ( ' (>MAR 26.1.\.05.14B((l) (9). wncerning control or run -on, nm-oiT. nnd wind di s persal 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 require m ents contained in Regulation .06 of this c hapter instead of the requirements of COMAR 26.13.05.06 .0(1 -7: (4) COMAR 26.13.05.14 1. , 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 material s or condition s which may cause it to (c) At a minimum, the owner or opera tor assures that: (i) The waste is disposed of in nonleaking 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 th e 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 sufficien V •....._ to cause ignition of the waste; \, (5) CO MAR 26.13.05.14M, conccming special requireme nt s for incompatible wastes: and (6) COMAR 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 existin g 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 Secretat y 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 not ice. E. L iner and Leachate Collection System
- Requirements for I nitial Permits . (I) Exc ept 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 requ irements 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 th e 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 ofNovember 12, 2010DISPOSAL OF CONTROLLED I lAZAR DOllS SU BS T ANCES 26.1 J .OC>. 2-l (2) T he Secretary

**m:~y** require the installation of 

### a new line r if the Secretary has reason to believe that 

### n liner i ns talkd in response to t he requirements of 

### *C(1) of this regulation is leaking. 

### F. Special Requirement s for Liq uid Wastes and Containers. 

### (I} A person may not place waste containing free liquids in a lund 

### fill , including bulk waste, noncontaincrizcd waste , 

### or waste in containers. (2) To demonstrate the absence or presence of fi ·ce liquids for the purposes of §F( I ) of this regulation , n person shall use Method 9095 (Paint Filler Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Pub licati on SW
- X46, ns incorporated by refer e n

ce in COMAR 26.13.0 1.05A(4)
. (3) A person may place in a landfill small con tainers ofha7
. ardous waste in overpacked drums, referred to as "lab packs", if t he person assure s that the following requirements arc met: (a ) Th e lab pack docs not hold any waste that co n ta in s free liquids: (b) The hazardous waste is package d in nonlcaking inside containers which: (i) Will not react dan gerously 

### with the waste the inside co ntai ners contain , (ii) Will not be decomposed by the waste the inside containe rs con tain, (iii) Will not be ignit ed by the waste the ins ide co nta iners contain, (iv) Arc tigh tly and securely scaled , and (v) Arc of the type speci fied in th e U.S. Depa rtment of Tran sp ortation hazardou s materials reg ulati ons (49 CFR 173, 178, and 179) if those regulations specify a particular inside-container for the waste; ( c) The inside conta iners arc: (il Overpacked i n an open head DOT-specification metal shipping co ntainer. as described in 49 CFR 

### 178 an d 179, which ha s a capa city of 416 liters (I I 0 gallons) or less, and (i i) Surrounded by absorbent material s uch that the metal outer container i s full after packing with ins ide containers and absorbent material; (d) The absorb ent material requ ired by §F(3)( c)( ii) of this regulation is not capable of reacting dangerously with, being deco mposed by , or bein g ign it ed by, the contents of the inside containers; (c) Incompatible wastes are not placed in the same outside container; and (f) Reactive waste is t reated or rendered nonreactive before it is packaged in accordance wi t h §F(3)(a)-(e) of this regulation, except that cyan ide-bearing or sulfide-bearing wa ste as described in C OMAR 26 . 13 .02.1 3A(5) may be packaged in a cc ordance with §F( 3)(a)
- (e) of this reg ulation without first being treated or rendered no nreactive
. . 23 Incinerator s.

A. Applicab ility. (I) This regula tion applies to owners and operator s of facilities that incinerate hazardous waste, except as Regulation .0 I of thi s chapter otherwise provides. (2) The following ow ners or operators are co nsider ed to incinerate hazardous waste: (a) Owne rs or op erators of hazardous was te 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 prov ided in §C of th is regulation, an ow ner or operator of a fac ili ty who tr eats hazardous waste by therma l d es tmcti on as d efined in C OMAR 26 .13.0 1.038 shall comply with 40 CFR §§265.3 40(b}--265.35 1 , which is incorporated 

### by reference in COMAR 26.13.01.05 8 (l)(b). C. An owner o r operator of an incinerator s ubject to this regu lation may not bum EPA Hazardous Wastes F020, F021, F0 22, F023, F026 , or F027.
26 .13.06 Page 25 Eff ective as of November 12, 2010DEI'ARTMENT OF TilE ENV I RONMENT 

# (
.24 Thermal Trl'llhncnt and 

### Open B urning. A . I

**~xe epl**  as provi ded in §l3 of thi s regu lation. an owner or o perator of a fac ility in which thermnl treatment nnd o pen burning is wndut:tcd shall comply wi th 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 devic es subject to this regulation may not bum EPA H azardous Wastes Hl20 , 1:02 1. F02 2, F0 23. F026, or F027; and (2) In 40 CFR §265.3 70, delete the clau se "and Subpart H of part 266. if the unit is a b o il er or industrial furnace as delined in *260.1 0" .



### .25 C hemi ca l, Phys ic al, and Biolo gic al Treatm en t. J\. Except as provided in §B of thi s regulation. nn o wner or operator who t reats hazardous waste using chemi ca l, physical. or biologi c al method s s hall comply with 40 CFR §§265 .400
-- 265 .406. which is incorporated by referen ce in C OMAR 26.13.0 1.05B( I )(b) . B. F or the purposes o f this regulation : ( I) Substitute ''('OMA R 26.13.06.01" for "§265.1"; an d ( 2 ) In 40 CFR §265.400 . substitute "CO MAR 26.13.06 .18 , .19 . and . 21" for "s ubpa rts 

### J, K. and M respectiv e ly " .



### . 26 Drip Pads .

A. Excep t as provided in §B of this regu lation. an owner or operator using drip pads who is subject to thi s chapter shall comply with t he requirements ofC'OMAR 

### 26.13.05.17-1-.17-4. B . In complying with COMAR 

### 26 .13.05.17 -48. the refere nce to Regulati on .22 of this ch apter replaces COMAR 

### 26. 13.05. 14J. .27 Underground In jecti on Control. A person may no t dispose of hazardous waste by underground injec tion. 

# (

.28 

### Haza rdous Wa ste Munitions and Explosi ves Storage.

The ow ner o r op e rato r of a facility at wh ich hazardo us waste munitions or hazardous waste explosives arc stored and who is subject to this chapter s hall comply with CO MAR 26 . 13. 05 .2 1 .



### .29 Containmen t Buildings. The owner or operator of a facility at which a con tainment building is used to manage hazardous waste and who is su bject to this chapter shall comply with COMAR 26.13.05.18 -. 18-3. Administrat ive Hi sto ry 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 COMAR 10.51.06 t o COMAR 26.13.06 Regulation .0IF adopted effec ti ve April 18, 1988 (I 5:8 Md . R . I009) Regulation .01 under chapter COMAR 26. 13.06, Site Selection for CHS Facilities, recodified as

**Re~;:ulation** .0 2·1 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 fo r Owners nnd Operators of Hazardous Waste Treatment. Sto rage. and Dis posal Facilitie s, ad opted effective October 16,2000 (27:20 Md. R. JR4 3) . Regu lat ion . O!A amen ded eff ective November I, 2002 (29 :21 Md . R. 1647); Muy I. 2008 (35 :R Md . R. 809) Reb'lllotion . 078 amended effect ive 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) Regu l ot ion .29 adopted effec tive May I. 2008 (35:8 Md . R. 809) 26.13.06 Page 26 Effective as ofNovcmber 12. 2010