Md. Code Regs. 26.11.42.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.11.42.01 - Applicability and Exemptions

A. This chapter applies to a person who owns or operates a municipal solid waste (MSW) landfill that has accepted waste after November 8, 1987.

B. This chapter does not apply to:

(1) Landfills that are permitted to accept controlled hazardous substances (CHS) as defined in COMAR 26.13.01.03B or are currently regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Chapter 103;

(2) Landfills that receive only construction and demolition wastes, inert waste, or non-decomposable wastes;

(3) Closed or inactive MSW landfills with:

(a) Less than 450,000 tons of waste-in-place; or

(b) A design capacity of less than 2,750,000 tons (2.5 million megagrams) and 3,260,000 cubic yards (2.5 million cubic meters) that last accepted waste before December 31, 1993; or

(4) Closed or inactive MSW landfills, or closed or inactive areas of an active MSW landfill, that have commenced installation of solar panels or arrays on or before January 1, 2024 and which meet the following requirements:

(a) The landfill, or inactive area of an active landfill, was closed or last accepted waste on or before July 17, 2014;

(b) The landfill, including all active and/or inactive areas combined, has less than 2,750,000 tons (2.5 million megagrams) or 3,260,000 cubic yards (2.5 million cubic meters) of MSW; and

(c) The request to install solar panels or arrays is approved by the Department in writing based on project specifications and impacts to other requirements under this chapter.

C. Title V Operating Permits.

(1) The owner or operator of a MSW landfill which is subject to the provisions of this chapter and that has a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW shall obtain an operating permit for the landfill in accordance with COMAR 26.11.03.

(2) When a MSW landfill subject to this section is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under COMAR 26.11.03 for the landfill if the landfill is not otherwise subject to the requirements of COMAR 26.11.03 and if either of the following conditions are met:

(a) The landfill was never subject to the requirement to install and operate a gas collection and control system under Regulation .04 of this chapter; or

(b) The landfill meets the conditions for control system removal specified in Regulation .06A of this chapter.

Md. Code Regs. 26.11.42.01

Regulation .01 adopted effective 50:11 Md. R. 446, eff. 6/12/2023