Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.04 - Application for Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before using
				  coal combustion byproducts in the reclamation of a noncoal surface mine, a
				  permittee shall submit to the Department for review and approval an application
				  and comprehensive plans for the reclamation project, including, but not limited
				  to, plans for the development and implementation of a leachate control and
				  collection system.
B. The
				  Department shall review and, if acceptable, approve the application and plans
				  before the use of the coal combustion byproducts.
C. The plans shall contain the following at a
				  minimum:
(1) A completed and signed
				  application on a form provided by the Department;
(2) A comprehensive physical and chemical
				  description of the coal combustion byproducts to be used for reclamation at the
				  site, including:
(a) Identification of the
				  source of the coal combustion byproducts;
(b) The amounts of coal combustion byproducts
				  proposed to be used in the reclamation; and
(c) The characterization report required by
				  Regulation .05 of this chapter;
(3) A topographic map which is an accurate
				  depiction of the site at the time the application is filed, prepared to a scale
				  not smaller than 1 inch equals 100 feet, which depicts the property boundaries,
				  on-site buildings and structures, and obvious surficial features, including but
				  not limited to:
(a) Current and proposed
				  affected lands;
(b) Springs and
				  seeps;
(c) Streams, whether
				  intermittent or perennial;
(d) Rock
				  outcrops;
(e) Sink holes;
(f) Surface impoundments;
(g) Existing wells within 1,250 feet of the
				  boundaries of the site;
(h)
				  100-year flood plain and any nontidal wetlands;
(i) Forested or other vegetated areas;
				  and
(j) The location of any buried
				  or overhead power transmission lines, utility pipelines, or storage tanks on
				  the site;
(4) A
				  discussion of the geologic formations directly underlying and in close
				  proximity to the site;
(5) Ground
				  water elevation data from the site and a prediction of the maximum expected
				  ground water elevation at the site, including an explanation of how the ground
				  water elevation estimates were derived;
(6) Geologic cross sections of the site in
				  sufficient detail and orientation to clearly identify subsurface
				  conditions;
(7) Representative
				  background ground water quality data from monitoring wells identified by the
				  Department for the parameters set forth in Table I in Regulation 07A of this
				  regulation, or other parameters required by the Department;
(8) Test boring logs, well completion
				  reports, piezometric measurements, chemical or physical soil analyses, or both,
				  and accompanying geotechnical analyses;
(9) A description of how coal combustion
				  byproducts will be placed, including a detailed description of fill
				  construction and phasing;
(10) A
				  map or drawing depicting the initial and final grades of the site after
				  completion of coal combustion byproduct placement;
(11) A discussion of the projected future use
				  of the site;
(12) The volume and
				  type of available cover material to be used;
(13) Means of controlling access to the
				  site;
(14) Proposed operating
				  procedures, including:
(a) Hours of
				  operation;
(b) Necessary equipment
				  to handle materials delivered to the site;
(c) Means to control dust and wind
				  erosion;
(c) Means to control dust
				  and wind erosion; and
(d)
				  Procedures to be followed upon delivery of the coal combustion
				  byproducts;
(15) Methods
				  of controlling runoff or run-on to the site and a detailed description of the
				  sediment and erosion control system to be implemented, which shall satisfy the
				  requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of
				  Maryland, and COMAR 26.09.01;
(16)
				  A description of proposed methods of covering and stabilizing completed
				  areas;
(17) A description,
				  including flow diagrams, of the processes generating leachate, including raw
				  materials, intermediate byproducts, final products, and process
				  streams;
(18) A description of the
				  design features and systems intended to protect ground water from leachate,
				  including a detailed description of the proposed liner and leachate collection
				  system;
(19) A discussion as to how
				  leachate will be collected, removed from the site, and ultimately disposed
				  of;
(20) A description of quality
				  assurance/quality control protocols;
(21) A monitoring plan as described in
				  Regulation .07 of this chapter; and
(22) Other information as may be required by
				  the Department.