Md. Code Regs. 26.13.02.04-6

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.02.04-6 - Dredged Material That Is Not a Hazardous Waste

A. Dredged material, as defined in §B of this regulation, is not a hazardous waste if the dredged material:

(1) Is subject to the requirements of a permit issued by:

(a) The U.S. Army Corps of Engineers or an approved state under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. § 1344); or

(b) The U.S Army Corps of Engineers under Section 103 of Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. § 1413); or

(2) Is:

(a) Generated in connection with a U.S. Army Corps of Engineers civil works project; and

(b) Subject to the administrative equivalent of the permits referred to in §A(1) of this regulation, as provided for in the regulations of the U.S. Army Corps of Engineers, such as 33 CFR § 336.1, 33 CFR § 336.2 and 33 CFR § 337.6

B. For the purposes of this regulation:

(1) "Dredged material" means material that is excavated or dredged from waters of the United States; and

(2) "Waters of the United States" has the meaning given in 40 CFR § 232.2.

Md. Code Regs. 26.13.02.04-6

Regulation .04-6 adopted effective 43:1 Md. R. 13, eff.1/18/2016