Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose, Scope,
				  and Applicability.
(1) The purpose of this
				  regulation is to establish minimum State standards which define the acceptable
				  management of hazardous waste.
(2)
				  The standards in this chapter apply to:
(a)
				  Owners and operators of facilities which treat, store, or dispose of hazardous
				  waste;
(b) All treatment, storage,
				  or disposal of hazardous waste at active facilities or at inactive facilities,
				  except as specifically provided otherwise in this chapter, COMAR 26.13.02,
				  26.13.06, or 26.13.10;
(c) Inactive
				  disposal facilities when the Department determines that a substantial present
				  or potential hazard to human health or the environment exists;
(d) As specified in COMAR
				  26.13.10.30, the storage of
				  military munitions classified as a solid waste under COMAR
				  26.13.10.27B;
(e) The treatment and disposal of hazardous
				  waste military munitions; and
(f)
				  Owners or operators of all facilities that treat, store, or dispose of
				  hazardous wastes referred to in 40 CFR Part 268.
(3) The requirements of this chapter do not
				  apply to:
(a) A person disposing of hazardous
				  waste by means of ocean disposal subject to a permit issued under the Marine
				  Protection, Research, and Sanctuaries Act and complying with the following
				  regulations:
(i) Regulation .02B of this
				  chapter; and
(ii) Regulation .05B,
				  C, D(1) and (2)(a), and F and G of this chapter;
(b) The owner or operator of a facility
				  permitted, licensed, or registered by the State to manage municipal or
				  industrial solid waste, if the only hazardous waste the facility treats,
				  stores, or disposes of is excluded from regulation under this chapter by COMAR
				  26.13.02.05;
(c) The owner or operator of a facility
				  managing recyclable materials described in COMAR
				  26.13.02.06A(2) and
				  (3), except to the extent required in this
				  chapter or by COMAR 26.13.10;
(d) A
				  generator accumulating waste on-site in compliance with COMAR
				  26.13.03.03-3 -.03-10, except to
				  the extent that a provision in COMAR
				  26.13.03.03-3 - .03-10 requires
				  the generator to comply with the requirements in this chapter;
(e) A farmer disposing of waste pesticides
				  from his own use in compliance with COMAR
				  26.13.03.07-4;
(f) The owner or operator of a totally
				  enclosed treatment facility as defined in COMAR
				  26.13.01.03B(81);
(g) The owner or operator of an elementary
				  neutralization unit or a wastewater treatment unit, subject to the following:
(i) For a wastewater treatment unit, the
				  exclusion from the requirements of this chapter does not apply with respect to
				  treatment of a hazardous waste from off-site, other than waste delivered to a
				  unit via sanitary sewer in accordance with the requirements of the Clean Water
				  Act;
(ii) The owner or operator
				  shall comply with the requirements of Regulation .02H of this chapter if the
				  owner or operator is using the unit to treat a characteristic hazardous waste
				  by dilution to remove the hazardous characteristic from the waste before land
				  disposal, and the waste is either an ignitable hazardous waste described in
				  §A(3)(g)(iii) of this regulation, or a reactive hazardous waste; and
(iii) The provisions of §A(3)(g)(ii) of this
				  regulation regarding ignitable hazardous waste apply to an ignitable waste
				  other than a waste in the D001 High TOC Subcategory defined in
				  40 CFR §
														268.40;
(h) A person engaged in treatment or
				  containment activities during immediate response to any of the following
				  situations, except as provided in §D of this regulation:
(i) A discharge of a hazardous
				  waste;
(ii) An imminent and
				  substantial threat of a discharge of a hazardous waste;
(iii) A discharge of a material which, if
				  discharged, becomes a hazardous waste; or
(iv) An immediate threat to human health,
				  public safety, property, or the environment, from the known or suspected
				  presence of conventional military munitions, other explosive material, or an
				  explosive device, as determined by an explosive or munitions emergency response
				  specialist as defined in COMAR
				  26.13.01.03B.
(i) The owner or
				  operator of a publicly owned treatment works (POTW) if the owner or operator:
(i) Has an NPDES permit;
(ii) Complies with the conditions of the
				  facility's NPDES permit; and
(iii)
				  Complies with Regulations .02B, .05B, C, D(1) and (2)(a), F, and G of this
				  chapter;
(j) The addition
				  of absorbent material to a waste container or the addition of waste to
				  absorbent in a container, if:
(i) The
				  combining of waste and absorbent occurs when waste is first placed in the
				  container;
(ii) Regulation .02H(2)
				  of this chapter, which concerns requirements for ignitable, reactive, or
				  incompatible waste, is complied with;
(iii) Regulation .09B of this chapter, which
				  concerns condition of containers, is complied with; and
(iv) Regulation .09C of this chapter, which
				  concerns compatibility of waste with containers, is complied with;
(k) Universal waste handlers and
				  universal waste transporters handling the following wastes:
(i) Batteries, as described in COMAR
				  26.13.10.07;
(ii) Pesticides, as described in COMAR
				  26.13.10.08; and
(iii) Lamps, mercury-containing equipment, or
				  PCB-containing lamp ballasts, each as described in COMAR
				  26.13.10.09;
				  or
(l) A person who
				  operates a device to crush mercury-containing lamps if the person who operates
				  the device is in compliance with the requirements of COMAR
				  26.13.10.15B(3).