Md. Code Regs. 26.13.06.09

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

Section 26.13.06.09 - Closure - Time Allowed for Closure

A. Before the later of the following two dates, the owner or operator shall treat, remove from the hazardous waste management unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan:

(1) 90 days after receiving the final volume of:

(a) Hazardous wastes; or

(b) Non-hazardous wastes if the requirements of §§H-O of this regulation are met; or

(2) 90 days after approval of the closure plan.

B. Subject to the requirements of §§C and G(1) of this regulation, the Secretary may approve a longer period for closure than that specified in §A of this regulation if the owner or operator demonstrates that:

(1) The activities required to comply with §A of this regulation will, of necessity, take longer than 90 days to complete; or

(2) The following conditions are met:

(a) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with §§H-O of this regulation;

(b) There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or facility within 1 year; and

(c) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.

C. In addition to the requirements of §B of this regulation, the owner or operator requesting a longer time for closure shall demonstrate that all steps necessary to prevent threats to human health and the environment have been taken and will continue to be taken, including compliance with all applicable interim status requirements.

D. The owner or operator shall complete partial and final closure activities:

(1) In accordance with the approved closure plan; and

(2) Before the later of the following two dates:

(a) 180 days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with the requirements of §§H - O of this regulation; or

(b) 180 days after approval of the closure plan.

E. Subject to the requirements of §F of this regulation, the Secretary may approve an extension to the closure period specified in §D of this regulation if the owner or operator demonstrates that:

(1) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or

(2) The following conditions are met:

(a) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous waste if the facility owner or operator complies with the requirements of §§H-O of this regulation;

(b) There is reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or facility within 1 year; and

(c) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.

F. In addition to the requirements of §E of this regulation, the owner or operator requesting a longer closure period shall demonstrate that all steps necessary to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility have been taken and will continue to be taken, including compliance with all applicable interim status requirements.

G. The owner or operator shall make the demonstration referred to in:

(1) §B of this regulation at least 30 days before the expiration of the 90-day period specified in §A of this regulation; and

(2) §E of this regulation at least 30 days before the expiration of the 180-day period specified in §D of this regulation, unless the owner or operator is otherwise subject to the deadlines in §H of this regulation.

H. The Secretary may allow an owner or operator to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at the unit if the owner or operator:

(1) Submits an amended part B CHS permit application, or a part B CHS permit application, if not previously required;

(2) Demonstrates that:

(a) The unit has the existing design capacity as indicated on the part A CHS permit application to receive non-hazardous wastes;

(b) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within 1 year after the final receipt of hazardous wastes;

(c) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design and operating requirements of the unit or facility under this chapter;

(d) Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and

(e) The owner or operator is operating and will continue to operate in compliance with all applicable interim status requirements;

(3) Includes, in the part B CHS permit application:

(a) An amended waste analysis plan;

(b) A ground water monitoring and response program;

(c) The human exposure assessment required under RCRA § 3019; and

(d) Closure and post-closure plans;

(4) Includes, in the part B CHS permit application, updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate to reflect any:

(a) Changes due to the presence of hazardous constituents in the non-hazardous wastes; and

(b) Changes in closure activities, including the expected year of closure if applicable under Regulation .08C(10) of this chapter, as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes;

(5) Amends the part B CHS permit application, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes;

(6) Submits the part B CHS permit application and the demonstrations referred to in §H(1)-(4) of this regulation to the Secretary by the later of the following two dates:

(a) 180 days before the date on which the owner or operator of the facility receives the known final volume of hazardous wastes; or

(b) 90 days after October 16, 2000;

(7) Complies with the requirements of §I of this regulation if the owner or operator is seeking to receive additional non-hazardous wastes in a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements of:

(a) § 3004(o)(1) of RCRA, except as otherwise provided in § 3004(o)(2) or (3) of RCRA; and

(b) § 3005(j)(1) of RCRA, except as otherwise provided in § 3005(j)(2), (3), (4), or (13) of RCRA; and

(8) Complies with the applicable requirements to obtain permits under:

(a) COMAR 26.04.07; and

(b) COMAR 26.11.19.20 s.

I. In addition to the requirements in §H of this regulation, an owner or operator of a hazardous waste surface impoundment identified in §H(7) of this regulation shall:

(1) Submit with the part B CHS permit application:

(a) A contingent corrective measures plan; and

(b) A plan for removing hazardous wastes in compliance with §I(2) of this regulation;

(2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner or liners, if any;

(3) Complete removal of hazardous wastes not later than 90 days after the final receipt of hazardous wastes, unless the Secretary approves an extension to this deadline based upon a demonstration by the owner or operator that:

(a) The removal of hazardous wastes will, of necessity, take longer than the allotted period of time to complete; and

(b) An extension will not pose a threat to human health and the environment;

(4) Comply with the following requirements if a release that is a statistically significant increase over background levels, or decrease in the case of pH, in hazardous constituents is detected in accordance with the requirements of Regulation .06 of this chapter:

(a) Implement corrective measures in accordance with the approved contingent corrective measures plan required by §I(1) of this regulation not later than 1 year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;

(b) Elect to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and

(c) Implement corrective measures in less than 1 year, or cease receipt of wastes until corrective measures have been implemented if required to do so by the Secretary, based on a determination by the Secretary that the corrective measures are necessary to protect human health and the environment; and

(5) Perform the following activities during the period of corrective action:

(a) Provide semiannual reports to the Secretary which describe the progress of the corrective action program;

(b) Compile all ground water monitoring data; and

(c) Evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.

J. The Secretary may require the owner or operator of a surface impoundment unit regulated under §I of this regulation to commence closure of the unit if the owner or operator:

(1) Fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within 1 year as required in §I(4) of this regulation; or

(2) Fails to make substantial progress in implementing corrective action and achieving the facility's background levels.

K. If the owner or operator fails to implement corrective measures as required in §I(4) of this regulation, or if the Secretary determines that substantial progress has not been made under §J of this regulation, the Secretary shall:

(1) Notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in §§A-F of this regulation;

(2) Provide the owner or operator with a detailed statement of reasons for the Secretary's determination; and

(3) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the Secretary's decision not later than 20 days after the date of the notice.

L. If the Secretary does not receive any written comments in response to the determination in §K(1) of this regulation that the owner or operator shall begin closure, then:

(1) The Secretary's decision described in §K(1) of this regulation becomes final 5 days after the close of the comment period; and

(2) The Secretary shall notify the owner or operator that:

(a) The decision is final;

(b) A revised closure plan, if necessary, shall be submitted by the owner or operator to the Secretary within 15 days of the final notice; and

(c) Closure is required to begin in accordance with the deadlines in §§A-F of this regulation.

M. If the Secretary receives written comments in response to the determination in §K(1) of this regulation, the Secretary shall:

(1) Make a final decision within 30 days after the end of the comment period; and

(2) Provide the owner or operator in writing, and the public through a newspaper notice, a detailed statement of reasons for the final decision.

N. If the Secretary determines under §J(2) of this regulation that the owner or operator has not made substantial progress in implementing corrective action and achieving the facility's background levels, then the owner or operator shall begin closure in accordance with the deadlines in §§A-F of this regulation.

O. The final determinations made by the Secretary under §§L and M of this regulation are not subject to administrative appeal.

Md. Code Regs. 26.13.06.09

Regulations .09 under new chapter COMAR 26.13.06, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, adopted effective October 16, 2000 (27:20 Md. R. 1843)