reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.14 - Emergency Permits, Short Term Permits, and Phased Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notwithstanding
				  any other provision of this regulation, if the Secretary finds an imminent and
				  substantial endangerment to human health or the environment, the Secretary may
				  issue a temporary emergency permit to a facility to allow treatment, storage,
				  or disposal of hazardous waste for a non-permitted facility or a hazardous
				  waste not covered by the permit for a facility with an effective permit. This
				  emergency permit:
(1) May be oral or written.
				  If oral, it shall be followed within 5 days by a written emergency
				  permit.
(2) May not exceed 90 days
				  in duration.
(3) Shall clearly
				  specify the hazardous wastes to be received, and the manner and location of
				  their treatment, storage, or disposal.
(4) May be terminated by the Secretary at any
				  time without process if he or she determines that termination is appropriate to
				  protect human health and environment.
(5) Shall be accompanied by a public notice
				  including:
(a) Name and address of the office
				  granting the emergency authority;
(b) Name and location of the permitted
				  hazardous waste management facility;
(c) A brief description of the wastes
				  involved;
(d) A brief description
				  of the action authorized and reasons for authorizing it;
(e) Duration of the emergency
				  permit.
(6) Shall
				  incorporate, to the extent possible and not inconsistent with the emergency
				  situation, all applicable requirements of COMAR 26.13.05, 26.13.07, and
				  26.13.10.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.15 - Additional Conditions; Applicable Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permittee need not comply with the
				  conditions of this permit to the extent and for the duration the noncompliance
				  is authorized in any emergency permit.
B. The permittee shall maintain records from
				  all ground monitoring wells and associated ground water surface elevations, for
				  the active life of the facility, and for disposal facilities for the
				  post-closure care period.
C. For a
				  new hazardous waste management facility, the permittee may not begin treatment,
				  storage, or disposal of hazardous waste, and for a facility being modified the
				  permittee may not treat, store, or dispose of hazardous waste in the modified
				  portion of the facility, until:
(1) The
				  permittee has submitted to the Secretary by certified mail or hand delivery a
				  letter signed by the permittee and a registered professional engineer stating
				  that the facility has been constructed or modified in compliance with the
				  permit; and
(2) The Secretary has
				  inspected the modified or newly constructed facility and finds it is in
				  compliance with the conditions of the permit; or
(3) Within 15 days of the date of the
				  submission of the letter in §C(1), of this regulation, the permittee has not
				  received notice from the Secretary of his or her intent to inspect, prior
				  inspection is waived, and the permittee may begin treatment, storage, or
				  disposal of hazardous waste.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.16 - Establishing Permit Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the conditions established under Regulation
					 .05 of this chapter, each permit shall include each of the applicable
					 requirements of COMAR 26.13.05.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.17 - Hazardous Waste Incinerator Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Start-Up.
(1) For the purposes of determining
				  operational readiness following completion of physical construction, the
				  Department will establish permit conditions, including but not limited to
				  allowable waste feeds and operating conditions, in the permit for a new
				  hazardous waste incinerator. These permit conditions will be effective for the
				  minimum time required to bring the incinerator to a point of operational
				  readiness sufficient to conduct a trial burn, not to exceed 720 hours operating
				  time for incineration of hazardous waste. The Department may extend the
				  duration of this operational period once, for up to 720 additional hours, at
				  the request of the applicant when good cause is shown. The permit may be
				  modified to reflect the extension according to Regulation .13 of this
				  chapter.
(2) Applicants shall
				  submit a statement, with the permit application, which suggests the conditions
				  necessary to operate in compliance with the performance standards of COMAR
				  26.13.05.16 s F during this
				  period. This statement should include, at a minimum, restrictions on waste
				  constituents, waste feed rates, and the operating parameters identified in
				  COMAR 26.13.05.16 s H.
(3) The Department will review this statement
				  and any other relevant information submitted with the permit application and
				  specify requirements for this period sufficient to meet the performance
				  standards of COMAR
				  26.13.05.16 s F based on its
				  engineering judgment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.18 - Permits for Land Treatment Demonstrations Using Field Test or Laboratory Analyses

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) For the purpose of allowing an owner or
				  operator to meet the treatment demonstration requirements of COMAR
				  26.13.05.13 s C, the Secretary may
				  issue a treatment demonstration permit. The permit shall contain only those
				  requirements necessary to meet the standards in COMAR
				  26.13.05.13 s C(3). The permit may
				  be issued either as a treatment or disposal permit covering only the field test
				  or laboratory analyses, or as a two-phase facility permit covering the field
				  tests, or laboratory analyses, and design, construction, operation, and
				  maintenance of the land treatment unit.
(2) The Secretary may issue a two-phase
				  facility permit if the Secretary finds that, based on information submitted in
				  the application, substantial although incomplete or inconclusive information
				  already exists upon which to base the issuance of a facility permit.
(3) If the Secretary finds that not enough
				  information exists upon which the Secretary can establish permit conditions to
				  attempt to provide for compliance with all of the requirements of COMAR
				  26.13.05.13 s, the Secretary shall
				  issue a treatment demonstration permit covering the field test or laboratory
				  analyses.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.19 - Research, Development, and Demonstration Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may issue a research,
				  development, and demonstration permit for any hazardous waste treatment
				  facility which proposes to utilize an innovative and experimental hazardous
				  waste treatment technology or process for which permit standards for the
				  experimental activity have not been adopted in COMAR 26.13.05. The permit shall
				  include those terms and conditions that assure protection of human health and
				  the environment. The permit shall:
(1)
				  Provide for the construction of the facilities as necessary, and for operation
				  of the facility for not longer than 1 year unless renewed as provided in
				  Regulation .19D;
(2) Provide for
				  the receipt and treatment by the facility of only those types and quantities of
				  hazardous waste which the Secretary considers necessary for purposes of
				  determining the efficacy and performance capabilities of the technology or
				  process and the effects of the technology or process on human health and the
				  environment; and
(3) Include such
				  requirements as the Secretary considers necessary to protect human health and
				  the environment including requirements regarding monitoring, operation,
				  financial responsibility, closure, and remedial action, and such requirements
				  as the Secretary considers necessary regarding testing and providing of
				  information to the Secretary with respect to the operation of the
				  facility.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.19-1 - Administrative Procedures - Preapplication Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) The requirements of this regulation apply
				  to persons seeking, under this chapter:
(a) An
				  initial permit for a hazardous waste management unit at a CHS facility;
				  or
(b) Renewal of a permit for a
				  hazardous waste management unit at a CHS facility for which the applicant is
				  proposing a change in facility operations that would qualify as a Class 3
				  permit modification under 40
				  CFR §
													270.42.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.19-2 - Public Access to Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public Access to Permit Applications.
				  Concurrent with the notice required by Regulation .20-2A(5) and (6) of this
				  chapter, the Secretary shall place the permit application and any supporting
				  documents in a location accessible to the public near the facility or at the
				  Department's offices.
B.
				  Information Repository.
(1) The requirements
				  of this section apply to all applicants seeking a CHS facility permit under
				  this chapter for a hazardous waste management unit.
(2) The Secretary may assess the need for an
				  information repository on a case-by-case basis.
(3) In assessing the need for an information
				  repository, the Secretary shall consider a variety of factors, including the:
(a) Level of public interest;
(b) Type of facility;
(c) Presence of an existing repository;
				  and
(d) Proximity of the location
				  of the potential repository to the nearest copy of the administrative
				  record.
(4) If the
				  Secretary determines that there is a need for an information repository, the
				  Secretary shall notify the CHS facility permit applicant that the applicant is
				  required to establish and maintain an information repository.
(5) The CHS facility permit applicant shall
				  assure that the information repository contains all documents, reports, data,
				  and information considered necessary by the Secretary to fulfill the purposes
				  for which the repository is established.
(6) The Secretary may, at the Secretary's
				  discretion, limit the contents of the repository.
(7) Subject to the requirements of §B(8) of
				  this regulation, the applicant shall locate and maintain the repository at a
				  site of the applicant's choosing.
(8) The Secretary shall specify an alternate
				  location of the repository if the Secretary determines that the site chosen by
				  the applicant is unsuitable for the purposes and persons for which it was
				  established, due to problems with the location, hours of availability, access,
				  or other relevant considerations.
(9) The applicant shall:
(a) Provide all individuals on the facility
				  mailing list with written notice about the information repository;
				  and
(b) Comply with requirements
				  specified by the Secretary for informing the public about the information
				  repository.
(10) The
				  applicant is responsible for maintaining and updating the repository with
				  appropriate information throughout a time period specified by the
				  Secretary.
(11) Based on the
				  factors in §B(3) of this regulation, the Secretary may, at the Secretary's
				  discretion, close the information repository, releasing the applicant from the
				  requirement to maintain the repository.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20 - Administrative Procedures - Permit Applications and Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application for
				  a Permit.
(1) Any person who requires a
				  permit shall complete, sign, and submit an application to the
				  Secretary.
(2) The Secretary may
				  not begin the processing of a permit until the applicant has fully complied
				  with the application requirements.
(3) Permit applicants shall comply with the
				  signature and certification requirements of Regulation .03 of this
				  chapter.
(4) The Secretary shall
				  review for completeness each application for a permit in accordance with the
				  following:
(a) The Secretary should review
				  for completeness each application for a permit submitted by a hazardous waste
				  management facility within 60 days of its receipt;
(b) On completing the review, the Secretary
				  shall notify the applicant in writing whether the application is
				  complete;
(c) If the application is
				  incomplete, the Secretary shall list the information necessary to make the
				  application complete; and
(d) After
				  the application has been determined to be complete by the Secretary:
(i) The Secretary may request additional
				  information from an applicant only when necessary to clarify, modify, or
				  supplement previously submitted material; and
(ii) Requests by the Secretary for additional
				  information may not render an application incomplete.
(5) If an applicant fails or
				  refuses to correct deficiencies in the application, the permit may be denied
				  and appropriate enforcement actions may be taken under the applicable statutory
				  provision in the State statutes.
(6) If the Secretary decides that a site
				  visit is necessary for any reason in conjunction with the processing of an
				  application, the Secretary shall notify the applicant and schedule a
				  visit.
(7) The effective date of an
				  application is the date on which the Secretary notifies the applicant that the
				  application is complete as provided in §A(4) of this regulation.
(8) Project Decision Schedule.
(a) For each application from a major
				  hazardous waste management facility, the Secretary shall, not later than the
				  effective date of the application, prepare and mail to the applicant a project
				  decision schedule.
(b) The
				  Secretary shall specify in the schedule target dates by which the Secretary
				  intends to:
(i) Prepare a draft
				  permit;
(ii) Give public
				  notice;
(iii) Complete the public
				  comment period, including any public hearing; and
(iv) Issue a final permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-1 - Administrative Procedures-Tentative and Final Determinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Tentative Determinations and Draft
				  Permits.
(1) Once an application is complete,
				  the Secretary shall prepare a tentative determination that includes the
				  following information:
(a) A proposal to issue
				  or to not issue the permit;
(b) Any
				  proposed permit limitations and conditions;
(c) A brief explanation of the Department's
				  tentative determination;
(d) Any
				  proposed schedule of compliance; and
(e) If the tentative determination is to
				  issue a permit, a draft permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-2 - Administrative Procedures-Public Notices of Permit Actions and Public Comment Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary shall give public notice that the following actions have occurred:
(1) A permit application has been tentatively
				  denied;
(2) A draft permit has been
				  prepared;
(3) Public hearings or
				  informational meetings have been scheduled;
(4) An appeal has been granted;
(5) An application to own, operate,
				  establish, or maintain a CHS facility has been received by the
				  Department;
(6) An application to
				  modify a CHS permit under Regulation .11 of this chapter has been received by
				  the Department; and
(7) A final
				  determination has been prepared under Regulation .20-1E of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-3 - Administrative Procedures-Informational Meetings on Permit Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  shall provide an opportunity for an informational meeting, with respect to a
				  CHS facility permit application:
(1) At the
				  Department's discretion; or
(2) On
				  written request, if the request is made within 10 working days after
				  publication of a notice of receipt of application.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-4 - Administrative Procedures-Public Comments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public Comments and Requests for Public
				  Hearings.
(1) During the public comment
				  period provided, any interested person may:
(a) Submit written comments on the draft
				  permit; and
(b) Request a public
				  hearing, if no hearing has already been scheduled.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-5 - Administrative Procedures-Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Public Hearings.
(1) The Secretary:
(a) Shall hold a public hearing whenever the
				  Secretary:
(i) Receives written notice of
				  opposition to a draft permit and a request for a hearing within 45 days of
				  public notice, or
(ii) Receives a
				  written request for a hearing within 45 days of public notice;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.20-6 - Administrative Procedures-Issuance and Effective Date of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the close
				  of the public comment period on a draft permit under Regulation .20-2 of this
				  chapter, the Secretary shall:
(1) Issue a
				  final permit decision;
(2) Notify
				  the applicant and each person who has submitted written comments or requested
				  notice of the final permit decision; and
(3) Include in the notice required by §A(2)
				  of this regulation reference to the procedures for appealing a decision on a
				  permit or for contesting a decision to terminate a permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.21 - Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Fee.
(1) A person applying for a facility permit,
				  a facility permit renewal, or a major modification of a facility permit shall
				  pay a nonrefundable application fee according to the fee schedule in §A(2) of
				  this regulation.
(2) Application
				  Fee Schedule. The application fee is:
(a)
				  $2,000 for an application for a new or previously unpermitted storage
				  facility;
(b) $3,000 for an
				  application for a new or previously unpermitted treatment facility other than
				  an incinerator;
(c) $5,000 for an
				  application for a new or previously unpermitted incinerator;
(d) $10,000 for an application for a new or
				  previously unpermitted land disposal unit;
(e) $2,000 for an application for renewal of
				  a storage facility permit;
(f)
				  $3,000 for an application for renewal of a permit for a treatment
				  facility;
(g) $5,000 for an
				  application for renewal of a land disposal unit;
(h) $2,000 for an application for a major
				  modification of a facility permit which involves the addition of a new storage
				  unit;
(i) $3,000 for an application
				  for a major modification of a facility permit which involves the addition of a
				  new treatment unit other than an incinerator;
(j) $5,000 for an application for a major
				  modification of a facility permit which involves the addition of a new
				  incinerator;
(k) $10,000 for an
				  application for a major modification of a facility permit which involves the
				  addition of a new land disposal unit; and
(l) For new applications, renewal
				  applications, or applications for permit modification which involve more than
				  one type of unit, the sum of the application fees for the corresponding units
				  specified in §A(2)(a)-(k) of this regulation.
(3) The Secretary shall apply the application
				  fee towards the permit fee required by §B of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.22 - Limited Facility Permits for Thermal Destruction Facilities other than Hazardous Waste Incinerators

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits
				  Required.
(1) A person may not thermally
				  destroy hazardous waste in an installation other than a hazardous waste
				  incinerator without first obtaining a Limited Facility Permit and an air
				  quality operating permit, except that an electric generating station is not
				  required to obtain an air quality operating permit.
(2) The effects of these regulations with
				  respect to persons who have submitted timely applications under §B(2) shall be
				  stayed until the Department has either issued or denied the Limited Facility
				  Permit, but only so long as the applicant operates in compliance with the terms
				  and conditions of an approval issued by the Department under COMAR
				  26.11.09.10 s.
(3) Upon issuance of the Limited Facility
				  Permit, the terms and conditions of the Limited Facility Permit will supersede
				  the terms and conditions of any approval issued under COMAR
				  26.11.09.10 s.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.23 - Interim Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualifying
				  for Interim Status.
(1) Except as provided in
				  §A(3) of this regulation, an owner or operator of a facility identified in
				  COMAR 26.13.06.01 s A may qualify for
				  interim status and may operate as if the owner or operator has a CHS permit if
				  the owner or operator has complied with the requirements of:
(a)
												§ 3010(a) of RCRA, pertaining to
				  notification of hazardous waste activity, if applicable;
(b) COMAR
				  26.13.06.01 s B, governing
				  submission of part A CHS permit applications; and
(c)
												§B of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.08 - Rights of Condemnation › Section 26.13.08.01 - Determination by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
The Department, pursuant to the applicable provisions of
					 the Real Property Article, may condemn any land or facility used for disposal
					 of CHS if it determines any of the following:
A. The condemnation is necessary to provide
				  for proper perpetual care and monitoring of the facility;
B. Future disturbance of the land poses a
				  substantial threat to the natural resources of the State; or
C. The facility poses a substantial threat to
				  the public health.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.09 - Land Disposal Restrictions › Section 26.13.09.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter:
(1) Identifies certain requirements
				  associated with the management of hazardous wastes that are to be land
				  disposed;
(2) Applies to:
(a) Generators of hazardous waste;
(b) Transporters of hazardous waste;
				  and
(c) Owners and operators of
				  hazardous waste facilities; and
(3) Does not apply to a hazardous waste that
				  is listed in COMAR 26.13.02.16-.19 but is not listed in
				  40 CFR §§
												261.30- 261.34, unless the waste:
(a) Exhibits a characteristic of hazardous
				  waste; or
(b) Is otherwise subject
				  to the requirements identified in Regulation .03 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.09 - Land Disposal Restrictions › Section 26.13.09.02 - 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) "Prohibited characteristic" means a
				  characteristic of hazardous waste identified under COMAR
				  26.13.02.08 that will cause a
				  solid waste to become a prohibited waste if the waste exhibits that
				  characteristic.
(2) "Prohibited
				  waste" means a hazardous waste that either:
(a) Is prohibited from land disposal by this
				  chapter; or
(b) May be land
				  disposed despite not meeting a treatment standard established by this chapter
				  because of an exemption granted:
(i) Under
				  this chapter; or
(ii) By EPA under
				  40 CFR Part 268.
(3) "Restricted waste" means a hazardous
				  waste for which restrictions on land disposal are established by this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.09 - Land Disposal Restrictions › Section 26.13.09.03 - Specific Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. As
				  qualified by §B of this regulation, a hazardous waste generator, a hazardous
				  waste transporter, and an owner or operator of a hazardous waste facility shall
				  comply with the requirements of 40 CFR Part 268.
B. In complying with 40 CFR Part 268, a
				  person shall:
(1) Substitute "Secretary" for
				  "Administrator" and "Regional Administrator", except in:
(a)
												40 CFR §
													268.5, which relates to case-by-case
				  extensions of effective dates;
(b)
												40 CFR §
													268.6, which relates to petitions to allow
				  land disposal of certain prohibited wastes;
(c)
												40 CFR §
													268.13, which relates to deadlines imposed on
				  EPA;
(d)
												40 CFR §
													268.40(b) and
				  40 CFR §
													268.42(b), which relate to
				  approval of alternate treatment methods; and
(e)
												40 CFR §
													268.44(a)-(g), which relate
				  to approvals of variances from treatment standards;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.01 - Recyclable Materials Used in a Manner Constituting Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) This regulation applies to recyclable
				  materials that are applied to or placed on the land:
(a) Without mixing with any other substance
				  or substances; or
(b) After mixing
				  or combining with any other substance or substances.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.02 - Hazardous Waste Burned for Energy Recovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) This regulation applies to hazardous
				  wastes that are burned for energy recovery in any boiler or industrial furnace
				  that is regulated under COMAR
				  26.13.05.16 s except as provided
				  by §A(2). These hazardous wastes burned for energy recovery are termed
				  "hazardous waste fuel". Fuel produced from hazardous waste by processing,
				  blending, or other treatment is also hazardous waste fuel. These regulations do
				  not apply, however, to gas recovered from hazardous waste management activities
				  when the gas is burned for energy recovery.
(2) The following hazardous wastes are not
				  regulated under this regulation:
(a) Hazardous
				  wastes that are exempt from regulation under the provisions of COMAR
				  26.13.02.04 s, .04-1, and
				  .06A(3);
(b) Except as provided in
				  §D of this regulation, used oil burned for energy recovery that is also a
				  hazardous waste solely because it exhibits a characteristic of hazardous waste
				  identified in COMAR 26.13.02. This used oil is subject to regulation under
				  COMAR 26.10.15,
				  26.13.02.06 s A(3)(c),
				  26.13.04.01 s D(4), and
				  26.13.10.05 s, rather than this
				  regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.03 - Recyclable Materials Utilized for Precious Metal Recovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				  applies to recyclable materials that are reclaimed to recover economically
				  significant amounts of gold, silver, platinum, palladium, iridium, osmium,
				  rhodium, ruthenium, or any combination of these.
B. Persons who generate, transport, or store
				  recyclable materials regulated by this regulation are subject to the following
				  requirements:
(1) Notification requirements
				  under Section 3010 of RCRA;
(2)
				  COMAR 26.13.02.06C(2),
				  26.13.03.04, 26.13.04, and
				  26.13.05.05B and
				  C; and
(3) For precious metal
				  imported to or exported from other countries for recovery, 40 CFR Part 262,
				  Subpart H, and COMAR
				  26.13.05.02C.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.04 - Spent Lead-Acid Batteries Being Reclaimed

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) Except as provided in §B of this
				  regulation, this regulation applies to spent lead-acid batteries that are
				  recyclable materials.
(2) For the
				  purposes of this regulation, "spent batteries" means spent lead-acid batteries
				  that are recyclable materials.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.05 - Management Standards for Used Oil

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. This regulation identifies
				  circumstances under which used oil is regulated as hazardous waste, and
				  identifies other regulations with which persons managing used oil are required
				  to comply.
B. Applicability. This
				  regulation applies to used oil as defined in COMAR
				  26.13.01.03 s B, and to other
				  materials, whether or not the used oil or other materials exhibit any
				  characteristics of hazardous waste identified in COMAR
				  26.13.02.10 s -----.14.
C. Mixtures of Used Oil and Waste that is
				  Listed as Hazardous.
(1) Mixtures of used oil
				  and waste that is listed as hazardous in COMAR
				  26.13.02.16 s -----.19 are subject
				  to regulation as hazardous waste under COMAR 26.13.01 -----26.13.09 and
				  Regulations .01-----.04 of this chapter rather than as used oil under COMAR
				  26.10.15.
(2) Rebuttable
				  Presumption for Used Oil. Except as provided in COMAR
				  26.13.02.04 s -1A(11), used oil
				  containing more than 1,000 parts per million total halogens is regulated as a
				  hazardous waste because it is presumed to have been mixed with halogenated
				  hazardous waste listed in COMAR
				  26.13.02.16 s -----.19.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.06 - Scope - Standards for Universal Waste Management

Current through Register Vol. 51, No. 14, July 12, 2024
This regulation and Regulations .07-.25 of this
					 chapter:
A. Establish requirements for
				  managing universal waste;
B.
				  Include standards for managing the following:
(1) Batteries, as described in Regulation .07
				  of this chapter;
(2) Pesticides, as
				  described in Regulation .08 of this chapter; and
(3) Lamps, mercury-containing equipment, or
				  PCB-containing lamp ballasts, each as described in Regulation .09 of this
				  chapter; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.07 - Applicability - Batteries

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as provided in §B of this regulation, the requirements of Regulations .06-.25
				  of this chapter apply to persons managing:
(1) Batteries, as defined in COMAR
				  26.13.01.03 s B; and
(2) Spent lead-acid batteries, which are not
				  managed under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.08 - Applicability - Pesticides

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  for pesticides in §B of this regulation, the requirements of Regulations
				  .06-.25 of this chapter apply to persons managing pesticides, as defined in
				  COMAR 26.13.01.03 s B, meeting the
				  following conditions:
(1) Recalled pesticides
				  that are stocks of:
(a) A suspended and
				  canceled pesticide that is part of a voluntary or mandatory recall under §
				  19(b) of FIFRA, including, but not limited to, those owned by the registrant
				  responsible for conducting the recall; or
(b) A suspended or canceled pesticide, or a
				  pesticide that is not in compliance with FIFRA, that is part of a voluntary
				  recall by the registrant; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.09 - Applicability - Lamps, Mercury-Containing Equipment, and PCB-Containing Lamp Ballasts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §B of this regulation, the requirements of Regulations .06-.25 of
				  this chapter apply to persons managing lamps, mercury-containing equipment, or
				  PCB-containing lamp ballasts as defined in COMAR
				  26.13.01.03 s B.
B. The requirements of Regulations .06-.25 of
				  this chapter do not apply to management of an item that is:
(1) A lamp, mercury-containing equipment, or
				  a PCB-containing lamp ballast if the item is:
(a) Not yet a waste under COMAR 26.13.02, as
				  described in §C of this regulation; and
(b) Not hazardous waste as defined in COMAR
				  26.13.02.03 s; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.10 - Applicability - Household and Small Quantity Generator Waste

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person managing the following wastes
				  may, at the person's option, manage the waste under the requirements of
				  Regulations .06-.25 of this chapter:
(1)
				  Household wastes that are exempt under COMAR
				  26.13.02.04 s -1A(1) and are also
				  identified among the universal wastes listed in Regulation .06B of this
				  chapter; and
(2) Hazardous wastes
				  that are generated by a Maryland-defined small quantity generator as defined in
				  COMAR 26.13.01.03B and
				  are also identified among the universal wastes listed in Regulation .06B of
				  this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.11 - Small Quantity Handlers of Universal Waste-General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
				  This regulation and Regulations .12-.18 of this chapter apply to small quantity
				  handlers of universal waste, as defined in COMAR
				  26.13.01.03 s B.
B. Prohibitions. A small quantity handler of
				  universal waste may not:
(1) Dispose of
				  universal waste, unless the handler does so under authority of a hazardous
				  waste disposal facility permit; or
(2) Dilute or treat universal waste, except:
(a) In responding to releases as provided in
				  Regulation .17D of this chapter;
(b) As provided in Regulations .12-.16 of
				  this chapter; or
(c) In accordance
				  with a hazardous waste treatment facility permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.12 - Small Quantity Handlers of Universal Waste Batteries - Specific Management Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A small quantity handler of universal waste:
A. Shall manage universal waste batteries:
(1) In a way that prevents release of any
				  universal waste or any component of universal waste to the environment;
				  and
(2) In compliance with the
				  requirements of this regulation;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.13 - Small Quantity Handlers of Universal Waste Pesticides - Specific Management Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. A small
				  quantity handler of universal waste shall manage universal waste pesticides in
				  a way that prevents releases of any universal waste or any component of
				  universal waste to the environment.
B. A small quantity handler of universal
				  waste shall contain universal waste pesticides in:
(1) A container that:
(a) Remains closed, except when adding or
				  removing waste;
(b) Is structurally
				  sound;
(c) Is compatible with the
				  pesticide that it is being used to contain; and
(d) Shows no evidence of leakage, spillage,
				  or damage that could cause leakage under reasonably foreseeable
				  conditions;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.14 - Small Quantity Handlers of Universal Waste Mercury-Containing Equipment - Specific Management Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  General.
(1) A small quantity handler of
				  universal waste shall manage universal waste mercury-containing equipment in a
				  way that prevents release of any universal waste or any component of universal
				  waste to the environment.
(2) For
				  the purposes of this regulation, "open original housing" means a tube or
				  similar object that is open at one end and that holds mercury while the mercury
				  performs a function in a piece of mercury-containing equipment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.15 - Small Quantity Handlers of Universal Waste Lamps - Specific Management Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. A small
				  quantity handler of universal waste shall manage universal waste lamps in a way
				  that prevents release of any universal waste or any component of universal
				  waste to the environment.
B. A
				  small quantity handler of universal waste:
(1)
				  Shall contain any lamp that the handler is managing as universal waste in a
				  container or package that is:
(a)
				  Structurally sound;
(b) Adequate to
				  prevent breakage of the contents of the container or package;
(c) Compatible with the contents of the
				  lamps;
(d) Kept closed except when
				  adding waste to, or removing waste from, the container or package;
				  and
(e) Free of evidence of
				  leakage, spillage or damage that could cause leakage under reasonably
				  foreseeable conditions;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.16 - Small Quantity Handlers of Universal Waste PCB-Containing Lamp Ballasts - Specific Management Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A small quantity handler of universal waste shall manage universal waste
				  PCB-containing lamp ballasts in a way that prevents release of any universal
				  waste or any component of universal waste to the environment.
B. A small quantity handler of universal
				  waste shall contain any PCB-containing lamp ballast that the handler is
				  managing as universal waste in a container that is:
(1) Structurally sound;
(2) Adequate to prevent damage to the
				  container's contents that could result in a release of hazardous
				  constituents;
(3) Compatible with
				  the contents of the PCB-containing lamp ballast;
(4) Kept closed, except when adding waste to,
				  or removing waste from, the container; and
(5) Free of evidence of leakage, spillage, or
				  damage that could cause leakage under reasonably foreseeable
				  conditions.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.18 - Small Quantity Handlers of Universal Waste - Shipments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Off-Site
				  Shipments.
(1) A small quantity handler of
				  universal waste may not send or take universal waste to a place other than:
(a) Another universal waste
				  handler;
(b) A destination
				  facility; or
(c) A destination
				  outside of the United States.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 26.13.10.19 - Large Quantity Handlers of Universal Waste - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) This regulation and Regulations .20 and
				  .21 of this chapter apply to large quantity handlers of universal waste as
				  defined in COMAR
				  26.13.01.03 s B.
(2) A universal waste handler retains the
				  classification of a large quantity handler of universal waste at least until
				  the end of the calendar year in which the handler was classified as a large
				  quantity handler, even if the amount of universal waste that the handler has
				  accumulated becomes less than 5,000 kilograms.
(3) If a handler does not have an
				  accumulation of 5,000 kilograms or more of universal waste on January 1 of a
				  given year, the handler may elect to be regulated as a small quantity handler
				  of universal waste under Regulations .11-.18 of this chapter until the handler
				  accumulates 5,000 kilograms or more of universal waste for the first time in
				  that calendar year.