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 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.04 - The Manifest

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) A generator who transports,
				  or offers for transport, hazardous waste for off-site treatment, storage, or
				  disposal, or a treatment, storage, or disposal facility who offers for
				  transport a rejected hazardous waste load:
(a) Shall prepare a manifest (OMB control
				  number 20500039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A;
				  or
(b) May, instead of using the
				  manifest forms specified in §A(1)(a) of this regulation, prepare and use an
				  electronic manifest if the person complies with the requirements of:
(i)
													§E-1 of this regulation for use of
				  electronic manifests; and
(ii)
													40 CFR §
														3.10 for the reporting of electronic
				  documents to EPA.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05 - Pretransport Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Packaging. Before transporting hazardous waste or offering hazardous waste for
				  transportation off-site, a generator shall package the waste in accordance with
				  the applicable Department of Transportation regulations on packaging under 49
				  CFR 173, 178, and 179.
B. Labeling.
				  Before transporting or offering hazardous waste for transportation off-site, a
				  generator shall label each package in accordance with the applicable Department
				  of Transportation regulations on hazardous materials, under 49 CFR
				  172.
C. Marking.
(1) Before transporting or offering hazardous
				  waste for transportation off-site, a generator shall mark each package of
				  hazardous waste in accordance with the applicable Department of Transportation
				  regulations on hazardous materials under 49 CFR 172 .
Agency Note: See COMAR
					 26.13.04.02 a A(5) or (6) for
					 special provisions for rail or water (bulk shipment) transporters who deliver
					 hazardous waste by rail or water to the designated facility.
(2) Except as provided in §C(4) of this
				  regulation, before transporting hazardous waste or offering hazardous waste for
				  transportation off-site, a generator shall mark each container of 119 gallons
				  or less used in the transportation with the following words and information
				  displayed in accordance with the requirements of
				  49 CFR §
												172.304:
"HAZARDOUS WASTE-Federal Law Prohibits Improper Disposal.
					 If found, contact the nearest police or public safety authority or the U. S.
					 Environmental Protection Agency.
Generator's Name and Address
_________________________.
Generator's EPA Identification Number
_________________________.
Manifest Tracking Number
___________________________________________.
EPA Hazardous Waste Number(s)
___________________________________________.
					 "
(3) To satisfy the
				  requirement of §C(2) of this regulation to mark a container with the EPA
				  hazardous waste numbers of the wastes in the container, a generator may use an
				  electronic system for data capture, storage, and retrieval, such as bar coding,
				  if the electronic system allows the destination facility to be informed of the
				  container's contents for the purposes of compliance with applicable hazardous
				  waste management regulations.
(4) A
				  generator is not required to mark EPA Hazardous Waste Numbers on a lab pack
				  container that will be incinerated in compliance with
				  40 CFR §
												268.42(c), except for EPA
				  Hazardous Waste Numbers D004, D005, D006, D007, D008, D010 and D011, when
				  applicable.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05-1 - Closure Requirements-Hazardous Waste Accumulation Areas and Waste Management Units

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose and
				  Scope. This regulation:
(1) Establishes
				  requirements with which a hazardous waste generator must comply in connection
				  with the permanent removal from service, for the purposes of hazardous waste
				  management, of:
(a) An area in which
				  hazardous waste was accumulated in a manner that was subject to the
				  requirements of this chapter, other than accumulation in a satellite
				  accumulation area;
(b) A waste
				  management unit, such as a tank, used to manage hazardous waste in an
				  accumulation area described in §A(1)(a) of this regulation; and
(c) A site or facility that had an area or
				  waste management unit of the type described in §A(1)(a) or (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 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05-2 - Closure Notification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) This regulation applies to a generator
				  who is closing, in accordance with Regulation .05-1 of this chapter, a
				  hazardous waste accumulation area, a hazardous waste management unit, or a site
				  or facility where hazardous waste was accumulated.
(2) Sections B-C of this regulation apply to
				  a generator and to a site at which the generator either:
(a) At the time of initiation of a closure
				  activity, qualifies as a large quantity generator under federal regulations, as
				  described in Regulation .01-1 of this chapter; or
(b) For a significant period of time before
				  initiation of the closure action, generated quantities of hazardous waste that
				  met the threshold for the federal large quantity generator category, with
				  "significant period of time" determined by the criteria of §A(4) of this
				  regulation.
(3) Section D
				  of this regulation applies to a generator and a site at which the generator at
				  the time of initiation of a closure activity:
(a) Does not qualify as a Maryland-defined
				  small quantity generator as defined in COMAR
				  26.13.01.03B;
				  and
(b) Did not meet the criteria
				  of §A(2) of this regulation.
(4) For the purposes of §A(2)(b) of this
				  regulation, a generator is considered to have operated for a significant period
				  of time as a generator who would qualify as a large quantity generator under
				  federal regulations if any of the following apply:
(a) At any time during the 12 months before
				  the initiation of the closure activity, the generator qualified as a large
				  quantity generator under federal regulations in 5 or more months; or
(b) During any 24-month period, the generator
				  qualified as a large quantity generator under federal regulations in 10 or more
				  months.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05-3 - Special Provisions for Episodic Generation Events-Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				  and Regulations .05-4 and .05-5 of this chapter:
(1) Establish provisions that, if followed,
				  allow a generator of hazardous waste to maintain the generator's status as a
				  Maryland-defined small quantity generator despite the occurrence of an event
				  that causes the generator to exceed an upper limit on waste generation or
				  accumulation that defines the generator's current hazardous waste generator
				  category; and
(2) Are not
				  applicable to a person who meets the federal definition of a small quantity
				  generator.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05-4 - Episodic Generation Events-Maryland-Defined Small Quantity Generators

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  qualifies as a Maryland-defined small quantity generator may maintain that
				  generator status following an episodic generation event, as described in
				  regulation .05-3 of this chapter, by complying with the requirements of §§B-D
				  of this regulation.
B. General
				  Requirements.
(1) Limit on Number of Episodic
				  Generation Events.
(a) A generator may
				  maintain the generator's status as a Maryland-defined small quantity generator
				  following, at most, one episodic generation event during a calendar year,
				  unless the Department grants a petition for an additional episodic generation
				  event under Regulation .05-5 of this chapter.
(b) For an episodic generation event beyond
				  the one or two allowed by §B(1)(a) of this regulation, the generator is subject
				  to all applicable requirements of this chapter, based on the amount of
				  hazardous waste generated and accumulated as a result of the event, in addition
				  to any other hazardous waste generated or accumulated.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.05-5 - Petitions to Operate under Episodic Event Provisions for an Additional Event

Current through Register Vol. 51, No. 14, July 12, 2024
A. A generator
				  may petition the Department to be allowed to operate under the provisions
				  applicable to anepisodic generation event for a second event in a calendar year
				  under the following conditions:
(1) If the
				  generator has already held a planned episodic generation event in a calendar
				  year, the generator may petition the Department for an additional event that is
				  an unplanned episodic generation event within 72 hours of the beginning of the
				  unplanned event; and
(2) If the
				  generator has already operated under provisions for an episodic generation
				  event for an unplanned event in a calendar year, the generator may petition the
				  Department for an additional event that is a planned episodic event that will
				  occur in that calendar year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.06 - Record Keeping and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Record Keeping.
(1) A generator shall keep a copy of each
				  manifest signed in accordance with Regulation .04A(1) for 3 years or until he
				  receives a signed copy from the designated facility which received the waste.
				  This signed copy shall be retained as a record for at least 3 years from the
				  date the waste was accepted by the initial transporter.
(2) A generator shall keep a copy of each
				  annual report or biennial report required under §B of this regulation, and each
				  exception report required under §C of this regulation, for a period of at least
				  3 years from the due date of the report, or the date the report was submitted,
				  whichever is later.
(3) A generator
				  shall keep records documenting hazardous waste determinations in accordance
				  with the requirements of Regulation .02-1 of this chapter.
(4) The periods of retention referred to in
				  this section are extended automatically during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  Secretary.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07 - Transboundary Movements of Hazardous Waste for Recovery or Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) Except as provided in §A(3) of this
				  regulation, this regulation applies to transboundary movements of hazardous
				  wastes.
(2) The requirements
				  identified in §B(1) of this regulation are administered by the U.S.
				  Environmental Protection Agency as a foreign policy matter and are not
				  delegated to the states.
(3) State
				  Wastes Excluded from this Regulation.
(a)
				  Except for a waste that exhibits one or more of the characteristics of
				  hazardous waste identified in COMAR 26.13.02.10-.14, this regulation does not
				  apply to a waste that is listed as a hazardous waste by the State but not by
				  the U.S. Environmental Protection Agency.
(b) The waste codes for the wastes referred
				  to in §B(3(a) of this regulation that are listed as hazardous by the State but
				  not by EPA, and the sections of COMAR where the waste codes are assigned are:
(i) MD01, MD02, and MD03, assigned in COMAR
				  26.13.02.17;
(ii) MX01, assigned in COMAR
				  26.13.02.19D;
(iii) M001, assigned in COMAR
				  26.13.02.19F;
				  and
(iv) MT01, assigned in COMAR
				  26.13.02.19H.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07-1

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07-2

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07-3

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07-4 - Farmers

Current through Register Vol. 51, No. 14, July 12, 2024
A farmer disposing of waste pesticides from the farmer's
					 own use which are hazardous wastes is not required to comply with the standards
					 of this chapter or other standards in COMAR 26.13.05, 26.13.06, 26.13.07, or
					 26.13.09 for those wastes, provided the farmer triple rinses each emptied
					 pesticide container in accordance with COMAR
					 26.13.02.07B(3)
					 and disposes of the pesticide residues on the farmer's own farm in a manner
					 consistent with disposal instructions on the pesticide label.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste › Section 26.13.03.07-5

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.04 - Standards Applicable to Transporters of Hazardous Waste › Section 26.13.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) These regulations establish standards
				  which apply to persons transporting hazardous waste within the State if the
				  transportation requires a manifest under COMAR 26.13.03.
(2) These regulations do not apply to on-site
				  transportation of hazardous waste by generators or by owners or operators of
				  permitted hazardous waste management facilities.
(3) A transporter of hazardous waste shall
				  also comply with COMAR 26.13.03, Standards Applicable to Generators of
				  Hazardous Waste, if the generator:
(a)
				  Transports hazardous waste into the United States from abroad; or
(b) Mixes hazardous waste of different DOT
				  shipping descriptions by placing them into a single
				  container.
(4) This
				  chapter does not apply to transportation during an explosives or munitions
				  emergency response conducted in accordance with:
(a) COMAR
				  26.13.07.01A;
				  and
(b) Either:
(i) COMAR
				  26.13.05.01A(3)(h)(iv)
				  and D(5) and (6); or
(ii) COMAR
				  26.13.06.01A(4)(h)(iv),
				  (5)(b), and
				  (5)(c).
(5)
				  COMAR 26.13.10.28 identifies how the
				  requirements of this chapter apply to military munitions classified as solid
				  waste under COMAR
				  26.13.10.27B.
(6) A transporter of hazardous
				  waste that is being imported from or exported to any other country for purposes
				  of recovery or disposal is subject to this chapter and to all other relevant
				  requirements of 40 CFR Part 262, Subpart H, as made applicable in COMAR
				  26.13.03.07, including, but not
				  limited to, 40 CFR
				  262.83(d) and
				  262.84(d) for
				  movement documents.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.04 - Standards Applicable to Transporters of Hazardous Waste › Section 26.13.04.02 - Compliance with the Manifest System and Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Manifest System.
(1) A transporter:
(a) May not accept hazardous waste from a
				  generator unless the transporter is also provided with:
(i) A manifest signed in accordance with the
				  provisions of COMAR
				  26.13.03.04E;
				  or
(ii) An electronic manifest that
				  is obtained, completed, and transmitted in accordance with COMAR
				  26.13.03.04A(1)(b),
				  and signed with a valid and enforceable electronic signature as described in
				  COMAR 26.13.03.04E-2;
				  and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.04 - Standards Applicable to Transporters of Hazardous Waste › Section 26.13.04.03 - Hazardous Waste Discharged

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Immediate Action.
(1) In the event of a
				  discharge of hazardous waste during transportation, the transporter shall take
				  appropriate immediate action to protect human health and the environment (for
				  example, notify local authorities, dike the discharge area), and shall notify
				  the Department and local authorities, if any, within 1 hour of the incident,
				  or, if not immediately discovered, within 1 hour of discovery of the incident,
				  by calling (410)974-3551.
(2) If a
				  discharge of hazardous waste occurs during transportation, and an official
				  (State or local government or a federal agency) acting within the scope of his
				  official responsibilities determines that immediate removal of the waste is
				  necessary to protect human health or the environment, that official may
				  authorize the removal of the waste by transporters who do not have EPA
				  identification numbers and without the preparation of a manifest.
(3) An air, rail, highway, or water
				  transporter who has discharged hazardous waste shall:
(a) Give notice if required by
				  49 CFR §
													171.15 to the National Response Center,
				  (800)424-8802;
(b) Submit a report
				  in writing as required by 49
				  CFR §
													171.16 to the Information Systems
				  Manager, DHM-63, Research and Special Programs Administration, Department of
				  Transportation, Washington, DC 20590; and
(c) Submit a report in writing within 30 days
				  to the Director of the Waste Management Administration, Department of the
				  Environment, 2500 Broening Highway, Baltimore, Maryland 21224.
(4) A water (bulk shipment)
				  transporter who has discharged hazardous waste shall give notice by
				  33 CFR §
												153.203 to the National Response Center,
				  (800)424-8802, or in the District of Columbia, (202)426-2675, and to the State,
				  (410)974-3551.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.04 - Standards Applicable to Transporters of Hazardous Waste › Section 26.13.04.04 - Bonding

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  as a condition to the issuance of a CHS Hauler Certificate shall require a
				  person to secure a bond of not less than $50,000 for the purpose of
				  indemnifying the State for abatement of pollution from the improper
				  transportation or spill of CHS. The bond shall be executed by the permittee and
				  corporate surety licensed to do business in the State.
B. Alternative Financial Guarantees. Instead
				  of a corporate surety, one of the following shall be acceptable:
(1) Deposits of cash or negotiable bonds of
				  the United States Government. The cash deposit or market value of the
				  securities shall be equal at least to the required sum of the bond. The
				  Department, on receipt of any deposit of cash or securities, immediately shall
				  forward it to the State Treasurer, who shall receive and hold the bond in the
				  name of the State, in trust, for the purposes for which the deposit is made.
				  The State Treasurer at all times is responsible for the custody and safekeeping
				  of these deposits. The person making the deposit may demand and receive from
				  the State Treasurer the whole or any portion of any securities so deposited, on
				  depositing with the State Treasurer other negotiable securities of the classes
				  specified in this section having a market value at least equal to the sum of
				  the bond.
(2) A certificate of
				  deposit, if it is equivalent to the required bond, issued by a bank within the
				  State, and accompanied by written agreement of the bank to pay on demand to the
				  State upon a finding of forfeit by the Secretary.
(3) An instrument or other financial
				  guarantee, such as an irrevocable letter of credit, which in the discretionary
				  judgment of the Secretary adequately indemnifies the State.
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 26.13.05.02 - General Facility Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability. This regulation applies to owners and operators of all hazardous
				  waste facilities, except as Regulation .01A provides otherwise.
B. Identification Number. Every facility
				  owner or operator shall apply to the State for an EPA identification
				  number.
C. Required Notices.
(1) The owner or operator of a facility that
				  is arranging or has arranged to receive hazardous waste subject to 40 CFR Part
				  262, Subpart H, from a foreign source shall:
(a) Submit the notices required in
				  40 CFR §
													264.12(a); and
(b) In complying with
				  40 CFR §
													264.12(a), comply with
				  provisions in the Code of Federal Regulations as referenced rather than
				  analogous provisions in COMAR.
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 26.13.05.02-1 - Site Selection for CHS Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility may not be located in an active
				  fault zone.
B. Flood Plains.
(1) Definitions. The following definitions
				  are used in §B(2), of this regulation:
(a)
				  "100-year flood" means a flood that has a 1 percent chance of being equaled or
				  exceeded in any given year.
(b)
				  "100-year flood plain" means any land area which is subject to a 1 percent or
				  greater chance of a flooding in any given year from any source.
(c) "Washout" means the movement of hazardous
				  waste from the active portion of the facility as a result of
				  flooding.
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 26.13.05.02-2 - Construction Quality Assurance Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to the owner or
				  operator of a:
(1) Surface impoundment that is
				  subject to the requirements of Regulation .11D(4) or (5) of this
				  chapter;
(2) Waste pile that is
				  subject to the requirements of Regulation .12D(1) or (2) of this chapter;
				  or
(3) Landfill unit that is
				  subject to the requirements of Regulation .14B(3) or (4) 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 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.03 - Preparedness and Prevention

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability. This regulation applies to owners and operators of all hazardous
				  waste facilities, except as Regulation .01A, of this chapter, otherwise
				  provides.
B. Design and Operation
				  of Facility. Facilities shall be designed, constructed, maintained, and
				  operated to minimize the possibility of a fire, explosion, or any unplanned
				  sudden or non-sudden release of hazardous waste or hazardous waste constituents
				  to air, soil, or surface water which could threaten human health or the
				  environment.
C. Required Equipment.
				  All facilities shall be equipped with the following, unless it can be
				  demonstrated to the Secretary that none of the hazards posed by waste handled
				  at the facility could require a particular kind of equipment specified below:
(1) An internal communications or alarm
				  system capable of providing immediate emergency instruction (voice or signal)
				  to facility personnel;
(2) A
				  device, such as a telephone (immediately available at the scene of operations)
				  or a hand-held two-way radio, capable of summoning emergency assistance from
				  local police departments, fire departments, or State or local emergency
				  response teams;
(3) Portable fire
				  extinguishers, fire control equipment (including special extinguishing
				  equipment, such as that using foam, inert gas, or dry chemicals), spill control
				  equipment, and decontamination equipment; and
(4) Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
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 26.13.05.04 - Contingency Plan and Emergency Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation applies to
				  owners and operators of all hazardous waste facilities, except as Regulation
				  .01 otherwise provides.
B. Purpose
				  and Implementation of Contingency Plan.
(1)
				  Every owner or operator shall have a contingency plan for his facility. The
				  contingency plan shall be designed to minimize hazards to human health or the
				  environment from fires, explosions, or any unplanned sudden or non-sudden
				  release of hazardous waste or hazardous waste constituents to air, soil, or
				  surface water.
(2) The provisions
				  of the plan shall be carried out immediately whenever there is a fire,
				  explosion, or release of hazardous waste or hazardous waste constituents which
				  could threaten human health or the environment.
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 26.13.05.05 - Manifest System, Record Keeping, and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) This regulation applies to owners and
				  operators of both on-site and off-site facilities, except as Regulation .01 of
				  this chapter otherwise provides.
(2) Sections B, C, and G of this regulation
				  do not apply to owners and operators of:
(a)
				  On-site facilities that do not receive hazardous waste from off-site sources;
				  or
(b) Off-site facilities with
				  respect to waste military munitions exempted from manifest requirements under
				  COMAR 26.13.10.28B.
(3) Section D(2)(i) of
				  this regulation only applies to owners or operators who treat, store, or
				  dispose of hazardous wastes on-site where these wastes were
				  generated.
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 26.13.05.06-1 - Ground Water Protection - Program Elements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ground Water Protection Standard.
(1) During the compliance period established
				  under §E of this regulation, the owner or operator shall comply with conditions
				  specified in the facility permit to ensure that, in the uppermost aquifer
				  underlying the waste management area beyond the point of compliance, hazardous
				  constituents detected in the ground water from a regulated unit do not exceed
				  the concentration limits established under §C of this regulation. The hazardous
				  constituents to which this applies are determined under §B of this regulation.
				  The point of compliance is set under §D of this regulation.
(2) The Secretary shall establish this ground
				  water protection standard in the facility permit when hazardous constituents
				  have been detected in the ground water.
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 26.13.05.06-2 - General Ground Water Monitoring Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
For any ground water monitoring program developed to
					 satisfy Regulation .06-4, .06-5, or .06-6 of this chapter, the owner or
					 operator shall:
A. Obtain approval of
				  the Secretary before installation;
B. Ensure that the ground water monitoring
				  system:
(1) Consists of a sufficient number
				  of wells, installed at appropriate locations and depths, to yield ground water
				  samples from the uppermost aquifer that represent the quality of background
				  ground water that has not been affected by leakage from a regulated unit;
				  and
(2) Satisfies the following
				  conditions if the determination of background water quality includes sampling
				  of wells that are not hydraulically upgradient of the waste management area:
(a) Hydrogeologic conditions do not allow the
				  owner or operator to determine what wells are hydraulically upgradient;
				  and
(b) Sampling at other wells
				  will provide an indication of background ground water quality that is as
				  representative as, or more representative than, that provided by the upgradient
				  wells;
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 26.13.05.06-3 - Statistical Methods for Evaluating Ground Water Monitoring Data

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The owner or operator shall specify,
				  subject to §B of this regulation, a statistical method to be used in evaluating
				  ground water monitoring data for each hazardous constituent identified in
				  accordance with Regulation .06-1B of this chapter.
(2) Once a choice of statistical method is
				  approved by the Secretary, the owner or operator shall use the statistical
				  method as a condition of the owner's or operator's CHS facility
				  permit.
(3) The owner or operator
				  shall conduct the chosen statistical test separately for each hazardous
				  constituent identified in accordance with Regulation .06-1B of this chapter in
				  each well.
(4) If a practical
				  quantification limit (pql) is to be used in a statistical method specified
				  under this section to comply with the performance standards of §C(9) of this
				  regulation, the owner or operator shall propose the pql to the Secretary for
				  approval.
(5) The owner or operator
				  shall ensure that a statistical method specified under this section:
(a) Is protective of human health and the
				  environment; and
(b) Complies with
				  the performance standards outlined in §C 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 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.06-4 - Detection Monitoring Program

Current through Register Vol. 51, No. 14, July 12, 2024
An owner or operator required to establish a detection
					 monitoring program under this regulation shall, at a minimum, discharge the
					 following responsibilities:
A. The
				  owner or operator shall monitor for waste constituents, reaction products, or
				  indicator parameters, such as specific conductance, total organic carbon, or
				  total organic halogen, that provide a reliable indication of the presence of
				  hazardous constituents in ground water, as specified by the Secretary in the
				  facility permit after considering the following factors:
(1) The types, quantities, and concentrations
				  of constituents in wastes managed at the regulated unit;
(2) The mobility, stability, and persistence
				  of waste constituents or their reaction products in the unsaturated zone
				  beneath the waste management area;
(3) The detectability of indicator
				  parameters, waste constituents, and reaction products in ground water;
				  and
(4) The concentrations or
				  values and coefficients of variation of proposed monitoring parameters or
				  constituents in the ground water background;
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 26.13.05.06-6 - Corrective Action Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Corrective Action Program Content. An owner or operator required to establish a
				  corrective action program under this regulation shall, at a minimum, discharge
				  the following responsibilities:
(1) Take
				  corrective action measures to ensure that regulated units are in compliance
				  with the ground water protection standards under Regulation .06-1A of this
				  chapter specified by the Secretary in the facility permit, including:
(a) A list of the hazardous constituents
				  identified under Regulation .06-1B of this chapter;
(b) The concentration limits under Regulation
				  .06-1C of this chapter for each of those hazardous constituents in §A(1)(a) of
				  this regulation;
(c) The compliance
				  point under Regulation .06-1D of this chapter; and
(d) The compliance period under Regulation
				  .06-1E 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 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.06-7 - Corrective Action for Solid Waste Management Units

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner or operator of a facility
				  seeking a permit for the treatment, storage, or disposal of hazardous waste
				  shall institute corrective action as necessary to protect human health and the
				  environment from all releases of hazardous waste or constituents from any solid
				  waste management unit at the facility, regardless of the time at which waste
				  was placed in the unit.
B.
				  Corrective action shall be specified in the permit. If the corrective action
				  cannot be completed before issuance of the permit, the permit shall contain
				  schedules of compliance for the corrective action and assurances of financial
				  responsibility for completing the corrective action.
C. Except as provided in §D of this
				  regulation, in complying with the requirements of §A of this regulation, the
				  owner or operator shall implement corrective actions beyond the facility
				  property boundary when necessary to protect human health and the
				  environment.
D. The owner or
				  operator is not subject to the requirement of §C of this regulation to
				  implement corrective actions beyond the facility property boundary if the owner
				  or operator is able to demonstrate to the Secretary's satisfaction that,
				  despite the owner's or operator's best efforts, the owner or operator was
				  unable to obtain the necessary permission to undertake the corrective actions.
				  Instead, the owner or operator shall implement on-site measures as determined
				  by the Secretary on a case-by-case basis to address any release that has
				  migrated beyond the facility boundary, and provide assurances of financial
				  responsibility for the corrective action.
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 26.13.05.07 - Closure and Post-Closure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability. Except as Regulation .01 of this chapter otherwise provides:
(1) Sections B-F(1) of this regulation, which
				  concern closure, apply to the owners and operators of all hazardous waste
				  facilities; and
(2) Sections F(2)-J
				  of this regulation, which concern post-closure care, apply to the owners and
				  operators of:
(a) All hazardous waste
				  disposal facilities;
(b) Waste
				  piles and surface impoundments from which the owner or operator intends to
				  remove the waste at closure, to the extent that §§G-J of this regulation are
				  made applicable to the facilities in Regulation .11G or .12I of this
				  chapter;
(c) Tank systems that are
				  required under Regulation .10-7 of this chapter to meet the requirements for
				  landfills;
(d) Containment
				  buildings that are required under Regulation .18-3C of this chapter to meet the
				  requirements for landfills; and
(e)
				  Hazardous waste munitions and explosives storage units that are required under
				  Regulation .21C(3) of this chapter to meet the requirements for
				  landfills.
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 26.13.05.08 - Financial Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as provided in §B of this regulation, the Department adopts as its regulations
				  the federal regulations at 40 CFR §§
											264.140-
				  264.148 and
				  264.151, which are incorporated by
				  reference in COMAR
				  26.13.01.05 o B(1)(a).
B. For purposes of this regulation:
(1) Substitute "Secretary" for "Regional
				  Administrator";
(2) Substitute
				  "Department" for "Environmental Protection Agency" or "Agency";
(3) In establishing the financial assurance
				  for closure required by 40
				  CFR §
												264.143, a person may not use the
				  financial test or corporate guarantee described in
				  40 CFR §
												264.143(f); and
(4) In establishing the financial assurance
				  for post-closure care required by
				  40 CFR §
												264.145, a person may not use the financial
				  test or corporate guarantee described in
				  40 CFR §
												264.145(f) which is
				  incorporated by reference.
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 26.13.05.09 - Use and Management of Containers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation applies to
				  owners and operators of all hazardous waste facilities that store containers of
				  hazardous waste, except as Regulation .01, of this chapter, otherwise
				  provides.
B. Condition of
				  Containers. If a container holding hazardous waste is not in good condition, or
				  if it begins to leak, the owner or operator shall transfer the hazardous waste
				  from this container to a container that is in good condition, or manage the
				  waste in some other way that complies with the requirements of this
				  chapter.
C. Compatibility of Waste
				  with Container. The owner or operator shall use a container made of or lined
				  with materials which do not react with, and are otherwise compatible with, the
				  hazardous waste to be stored, so that the ability of the container to contain
				  the waste is not impaired.
D.
				  Management of Containers. A container holding hazardous waste shall always be
				  closed during storage, except when it is necessary to add or remove waste, and
				  the container may not be opened, handled, or stored in a manner which may
				  rupture the container or cause it to leak.
E. Inspections. The owner or operator shall
				  inspect areas where containers are stored, at least weekly, looking for leaks
				  and for deterioration of containers and the containment system caused by
				  corrosion or other factors.
F.
				  Special Requirements for Ignitable or Reactive Waste. Containers holding
				  ignitable or reactive waste shall be located at least 15 meters (50 feet) from
				  the facility's property line.
G.
				  Special Requirements for Incompatible Wastes.
(1) Incompatible wastes, or incompatible
				  wastes and materials, (see Regulation .24 of this chapter, for examples) may
				  not be placed in the same container, unless Regulation .02H(2), of this
				  chapter, is complied with.
(2)
				  Hazardous waste may not be placed in an unwashed container that previously held
				  an incompatible waste or material (see Regulation .24 for examples).
(3) A storage container holding a hazardous
				  waste that is incompatible with any waste or other materials stored nearby in
				  other containers, piles, open tanks, or surface impoundments shall be separated
				  from the other materials or protected from them by means of a dike, berm, wall,
				  or other device.
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 26.13.05.10 - General Requirements for Hazardous Waste Management in Tank Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) Owners and operators of facilities that
				  use tank systems to treat or store hazardous waste shall comply with the
				  requirements of this regulation and Regulations .10-1-.10-7 of this chapter,
				  except as otherwise provided in §A(2), (3), and (5) of this regulation or in
				  Regulation .01 of this chapter.
(2)
				  Tank systems that are used to store or treat hazardous waste which contains no
				  free liquids and are situated inside a building with an impermeable floor are
				  exempted from the requirements of Regulation .10-4 of this chapter. To
				  determine whether a waste contains free liquids, a person shall use EPA Method
				  9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating
				  Solid Wastes, Physical/Chemical Methods" (EPA Publication SW-846), which is
				  incorporated by reference in COMAR
				  26.13.01.05 o A(4).
(3) Tank systems, including sumps as defined
				  in COMAR 26.13.01.03 o B, that serve as
				  part of a secondary containment system to collect or contain releases of
				  hazardous wastes, are exempted from the requirements of Regulation .10-4A of
				  this chapter.
(4) For the purposes
				  of classifying a tank system as either new or existing, installation of the
				  tank system is considered to have begun if the following criteria are met:
(a) The owner or operator has obtained all
				  federal, State, and local approvals or permits necessary to begin physical
				  construction of the site or installation of the tank system; and
(b) A continuous on-site physical
				  construction or installation program has begun, or the owner or operator has
				  entered into contractual obligations, which cannot be canceled or modified
				  without substantial loss, for either completion of physical construction of the
				  site or installation of the tank system within a reasonable time.
(5) Tanks, sumps, and other
				  collection devices or systems used in conjunction with drip pads as defined in
				  COMAR 26.13.01.03 o B and regulated
				  under Regulations .17-1-.17-4 of this chapter are subject to the requirements
				  of this regulation and Regulations .10-1-.10-7 of this chapter.