Md. Code Regs. 26.13.06.22

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

Section 26.13.06.22 - Landfills

A. Applicability.

(1) This regulation applies to facilities that dispose of hazardous waste in landfills, except as Regulation .01 of this chapter otherwise provides.

(2) This regulation also applies to a waste pile used as a disposal facility. A waste pile used as a disposal facility is considered to be a landfill.

B. An owner or operator of a landfill subject to this regulation shall comply with the following:

(1) COMAR 26.13.05.14B(6)-(9), concerning control of run-on, run-off, and wind dispersal of particulate matter;

(2) COMAR 26.13.05.14I, concerning surveying and record keeping;

(3) COMAR 26.13.05.14J, concerning closure and post-closure care, except that:

(a) For the purposes of compliance with COMAR 26.13.05.14J(2), the owner or operator shall comply with the requirements of Regulations .12-.15 of this chapter instead of the requirements of COMAR 26.13.05.07G-J; and

(b) For the purposes of compliance with COMAR 26.13.05.14J(2)(c), the owner or operator shall comply with the groundwater monitoring requirements contained in Regulation .06 of this chapter instead of the requirements of COMAR 26.13.05.06 -.06-7;

(4) COMAR 26.13.05.14L, concerning special requirements for ignitable or reactive waste, except that ignitable waste in a container may be landfilled without meeting the requirements of COMAR 26.13.05.14L if:

(a) Neither the container nor the waste contains free liquids;

(b) The waste is disposed of in such a way that it is protected from any materials or conditions which may cause it to ignite;

(c) At a minimum, the owner or operator assures that:

(i) The waste is disposed of in nonleaking containers,

(ii) The container in which the waste is packaged is carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition which might cause ignition of the waste,

(iii) The waste is covered daily with soil or other noncombustible material to minimize the potential for ignition of the waste, and

(iv) The waste is not disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste;

(5) COMAR 26.13.05.14M, concerning special requirements for incompatible wastes; and

(6) COMAR 26.13.05.14O, concerning special requirements for containers.

C. Design Requirements.

(1) This section applies to each new landfill unit, replacement of an existing landfill unit, or lateral expansion of an existing landfill unit that is within the area identified in the part A permit application, which receives hazardous waste on or after May 8, 1985.

(2) The owner or operator of a unit identified in §C(1) of this regulation shall:

(a) Install two or more liners and a leachate collection and removal system above and between the liners; and

(b) Ensure that the installation of the liners and the installation and operation of the leachate collection and removal system are conducted in accordance with the requirements of COMAR 26.13.05.14B(3)-(5).

D. Notification.

(1) The owner or operator of each unit referred to in §C(1) of this regulation shall notify the Secretary at least 60 days before receiving waste into the unit.

(2) Persons submitting notice under §D(1) of this regulation shall file a part B application with the Department within 6 months of the date that the Secretary receives the notice.

E. Liner and Leachate Collection System-Requirements for Initial Permits.

(1) Except as provided in §E(2) of this regulation, the Secretary, when issuing the first permit to a facility for a unit subject to this regulation, may not require the installation of a liner or leachate collection system different from that which was installed under §C(2) of this regulation if the owner or operator performed the installation in good faith compliance with:

(a) The requirements of §C(2) of this regulation; and

(b) Guidance documents governing liners and leachate collection systems under §C(2) of this regulation that have been issued by the Department or the U.S. Environmental Protection Agency, and which were the latest guidance at the time of installation of the system.

(2) The Secretary may require the installation of a new liner if the Secretary has reason to believe that a liner installed in response to the requirements of §C(2) of this regulation is leaking.

E-1. Action Leakage Rate and Response Actions.

(1) This section applies to the owner or operator of a landfill identified in 40 CFR § 265.301(a).

(2) The owner or operator shall:

(a) Comply with the requirements of 40 CFR § 265.302 and 40 CFR § 265.303, subject to §E-1(2)(b) of this regulation; and

(b) In complying with 40 CFR § 265.302 and 40 CFR § 265.303, substitute "Secretary" for "Regional Administrator".

E-2. Monitoring and Inspection. The owner or operator of a landfill that is subject to §E-1 of this regulation shall:

(1) Comply with the requirements of 40 CFR § 265.304, subject to §E-2(2) of this regulation; and

(2) In complying with 40 CFR § 265.304, substitute "Secretary" for "Regional Administrator".

F. Special Requirements for Liquid Wastes and Containers.

(1) Except as provided in §F(3) of this regulation, a person may not place waste containing free liquids in a landfill, including bulk waste, noncontainerized waste, or waste in containers.

(2) To demonstrate the absence or presence of free liquids for the purposes of §F(1) of this regulation, a person shall use Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in COMAR 26.13.01.05A(4).

(3) A person may place in a landfill small containers of hazardous waste in overpacked drums, referred to as "lab packs", if the person assures that the following requirements are met:

(a) The lab pack does not hold any waste that contains free liquids;

(b) The hazardous waste is packaged in nonleaking inside containers which:

(i) Will not react dangerously with the waste the inside containers contain,

(ii) Will not be decomposed by the waste the inside containers contain,

(iii) Will not be ignited by the waste the inside containers contain,

(iv) Are tightly and securely sealed, and

(v) Are of the type specified in the U.S. Department of Transportation hazardous materials regulations ( 49 CFR 173, 178, and 179) if those regulations specify a particular inside-container for the waste;

(c) The inside containers are:

(i) Overpacked in an open head DOT-specification metal shipping container, as described in 49 CFR 178 and 179, which has a capacity of 416 liters (110 gallons) or less, and

(ii) Surrounded by absorbent material such that the metal outer container is full after packing with inside containers and absorbent material;

(d) The absorbent material required by §F(3)(c)(ii) of this regulation is not capable of reacting dangerously with, being decomposed by, or being ignited by, the contents of the inside containers;

(e) Incompatible wastes are not placed in the same outside container; and

(f) Reactive waste is treated or rendered nonreactive before it is packaged in accordance with §F(3)(a)-(e) of this regulation, except that cyanide-bearing or sulfide-bearing waste as described in COMAR 26.13.02.13A(5) may be packaged in accordance with §F(3)(a)-(e) of this regulation without first being treated or rendered nonreactive.

Md. Code Regs. 26.13.06.22

Regulations .22 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); amended effective 49:1 Md. R. 14, eff. 1/13/2022