Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.10 - Management of Coal Combustion Byproducts › Section 26.04.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Air pollution" has the meaning stated in
				  Environment Article, §
											2-101(b),
				  Annotated Code of Maryland.
(2)
				  Beneficial Use.
(a) "Beneficial use" means
				  the use of coal combustion byproducts in a manufacturing process to make a
				  product, or as a substitute for a raw material or commercial product, which, in
				  either case, does not create an unreasonable risk to public health or the
				  environment as determined by the Department.
(b) "Beneficial use" does not include the use
				  of coal combustion byproducts in a mining operation or in mine reclamation
				  activities.
(3) Coal
				  Combustion Byproducts.
(a) "Coal combustion
				  byproducts" means the residue generated by or resulting from the burning of
				  coal.
(b) "Coal combustion
				  byproducts" includes fly ash, bottom ash, boiler slag, pozzolan, and other
				  solid residuals removed by air pollution control devices from the flue gas and
				  combustion chambers of coal burning furnaces and boilers, including flue gas
				  desulfurization sludge and other solid residuals recovered from flue gas by wet
				  or dry methods.
(4)
				  "Coal combustion byproducts disposal facility" means a facility or site where
				  coal combustion byproducts are or will be disposed of, and includes the
				  entirety of any lot or parcel and all contiguous land and structures, other
				  appurtenances, and improvements on the land, which are owned, leased, or used
				  by, or under the control of, the owner or operator.
(5) "Department" means the Department of the
				  Environment.
(6) "Discharge" has
				  the meaning stated in Environment Article, §
											9-101, Annotated Code of
				  Maryland.
(7) "Disposal" means the
				  discarding or abandonment of coal combustion byproducts so that they are not
				  recycled or used, as determined by the Department.
(8) "Dispose" means any action that results
				  in a disposal.
(9) Generator.
(a) "Generator" means a person whose
				  operations, activities, processes, or actions create coal combustion
				  byproducts.
(b) "Generator" does
				  not include a person who only generates coal combustion byproducts by burning
				  coal at a private residence.
(10) "Leachate" means liquid that:
(a) Has percolated through, has drained from,
				  or has been generated by coal combustion byproducts; and
(b) Has extracted dissolved material,
				  miscible material, suspended material, or all of these from the coal combustion
				  byproducts.
(11) "Open
				  dump" means a land disposal site which:
(a) Is
				  not designed or operated in accordance with the requirements for a sanitary
				  landfill under COMAR 26.04.07; or
(b) Is in violation of the Resource
				  Conservation and Recovery Act, § 4005, and 40 CFR § 257.
(12) "Open dumping" means any action that
				  results in the creation of an open dump.
(13) "Operator" means a person responsible
				  for the overall operation of a facility, site, or storage system.
(14) "Owner" means a person who owns all or
				  part of a facility, site, or storage system.
(15) "Person" means an individual,
				  corporation, company, association, society, firm, partnership, joint venture,
				  joint stock company, or other entity, or a federal, State, or local government
				  or governmental unit, or any political subdivision of this State or any of its
				  agencies or instrumentalities.
(16)
				  "Pozzolan" has the meaning stated in Environment Article, §
											15-407, Annotated Code of
				  Maryland.
(17) "Sludge" means any
				  solid, semi-solid, or liquid waste generated by a municipal, commercial, or
				  industrial wastewater treatment plant, water supply treatment plant, or air
				  pollution control facility, including sewage sludge but exclusive of the
				  treated effluent from a wastewater treatment plant.
(18) "Solid waste" means any garbage, refuse,
				  sludge, or liquid from industrial, commercial, mining, or agricultural
				  operations or from community activities, including coal combustion byproducts
				  that are not recycled or used, as determined by the Department.
(19) "Solid waste acceptance facility" has
				  the meaning stated in COMAR 26.04.07.02.
(20) "State" means the State of
				  Maryland.
(21) "Storage system"
				  means a storage tank, silo, bunker, impoundment, or other containment structure
				  used for the storage of coal combustion byproducts before their disposal, use,
				  or transport.
(22) "Surface
				  impoundment" has the meaning stated in COMAR 26.10.02.04.
(23) "Waters of this State" has the meaning
				  stated in Environment Article, §
											9-101, Annotated Code of
				  Maryland.