Md. Code Regs. 26.04.07.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.07.06 - Sanitary Landfills - Municipal Landfills - Phase I Report

A. Phase I Report Required. Twelve copies of a preliminary (Phase I) report shall be prepared and submitted along with the request for a permit.

B. Contents of Phase I Report. At a minimum, the Phase I report shall include a:

(1) Completed and signed application form referenced in Regulation .05B of this chapter;

(2) Current U.S.G.S. 7.5 minute quadrangle map with the proposed site outlined;

(3) Current topographic map, which is an accurate depiction of the site at the time of application, at a scale not smaller than 1 inch equals 200 feet, which depicts the property boundaries, on-site buildings and structures, and pertinent surficial features including but not limited to:

(a) Springs,

(b) Seeps,

(c) Streams,

(d) Rock outcrops,

(e) Sink holes,

(f) Surface impoundments,

(g) Water wells,

(h) Forested areas, and

(i) The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the property;

(4) Map which depicts the surrounding zoning and land use within 1/2 mile of the site boundaries;

(5) Map showing the distribution of the soils at the site;

(6) Narrative description of the soils at the site;

(7) Map showing the geology at the site based on available data;

(8) Narrative description of the geology at the site based on available data;

(9) Description of the proposed activity including:

(a) Type of facility;

(b) Area served;

(c) Capacity; and

(d) Types of waste accepted.

C. Phase I Report Review.

(1) Following receipt of the specified number of copies of the required information, the Department shall distribute one copy to each of the following:

(a) Chief executive officer or the governing body, or both, of a county or municipality in which the activity is proposed;

(b) Local operating agency responsible for solid waste management;

(c) Local health official;

(d) Secretary, Department of Natural Resources;

(e) Director, Water Resources Administration;

(f) Director, Maryland Geologic Survey;

(g) U.S. Geological Survey;

(h) Federal Aviation Administration;

(i) Appropriate Soil Conservation District;

(j) U.S. Army Corp of Engineers; and

(k) State Highway Administration.

(2) A person receiving a copy of the application and supporting information shall be invited to inspect the proposed site and requested to submit comments to the Department within 20 days of receipt of the report.

(3) The Department shall set a date, time, and place for a joint site inspection meeting with interested agencies and the applicant.

(4) When practicable, within 60 days of receipt of a complete Phase I report, the Department shall:

(a) Review the Phase I report for completeness. The Department shall notify the applicant that the Phase I report is complete.

(b) Make a determination with respect to the site. If the Department determines that the site is not suitable for the intended use, the Department shall deny the application. The applicant shall be notified in writing by the Approving Authority, informed of the basis for the denial, and the appeal process. Otherwise the Approving Authority shall advise the applicant in writing of any limitations which the preliminary investigation revealed concerning the use of the site, and of any general recommendations. The applicant shall be advised to proceed with the preparation of a geologic report.

(5) If the Department is unable to complete the review within the established 60-day time schedule, the Department shall notify the applicant in writing within 30 days of receipt of the information and inform the applicant of the anticipated time required to complete the review.

Md. Code Regs. 26.04.07.06

Regulations .06, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)