Md. Code Regs. 26.13.07.19

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

Section 26.13.07.19 - Research, Development, and Demonstration Permits

A. The Secretary may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for the experimental activity have not been adopted in COMAR 26.13.05. The permit shall include those terms and conditions that assure protection of human health and the environment. The permit shall:

(1) Provide for the construction of the facilities as necessary, and for operation of the facility for not longer than 1 year unless renewed as provided in Regulation .19D;

(2) Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Secretary considers necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of the technology or process on human health and the environment; and

(3) Include such requirements as the Secretary considers necessary to protect human health and the environment including requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and such requirements as the Secretary considers necessary regarding testing and providing of information to the Secretary with respect to the operation of the facility.

B. For the purpose of expediting review and issuance of permits under this section, the Secretary may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in this subtitle except that there may be no modification or waiver of regulations regarding financial responsibility, including insurance, or of procedures regarding public participation, or other requirements that by law may not be waived.

C. The Secretary may order an immediate termination, in accordance with the provisions of the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, of all operations at the facility at any time the Secretary determines that termination is necessary to protect human health and the environment.

D. Any permit issued under this section may be renewed not more than three times. Each renewal shall be for a period of not more than 1 year.

Md. Code Regs. 26.13.07.19