Md. Code Regs. 26.04.10.02

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

Section 26.04.10.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Air pollution" has the meaning stated in Environment Article, § 2-101(b), Annotated Code of Maryland.

(2) Beneficial Use.

(a) "Beneficial use" means the use of coal combustion byproducts in a manufacturing process to make a product, or as a substitute for a raw material or commercial product, which, in either case, does not create an unreasonable risk to public health or the environment as determined by the Department.

(b) "Beneficial use" does not include the use of coal combustion byproducts in a mining operation or in mine reclamation activities.

(3) Coal Combustion Byproducts.

(a) "Coal combustion byproducts" means the residue generated by or resulting from the burning of coal.

(b) "Coal combustion byproducts" includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal burning furnaces and boilers, including flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods.

(4) "Coal combustion byproducts disposal facility" means a facility or site where coal combustion byproducts are or will be disposed of, and includes the entirety of any lot or parcel and all contiguous land and structures, other appurtenances, and improvements on the land, which are owned, leased, or used by, or under the control of, the owner or operator.

(5) "Department" means the Department of the Environment.

(6) "Discharge" has the meaning stated in Environment Article, § 9-101, Annotated Code of Maryland.

(7) "Disposal" means the discarding or abandonment of coal combustion byproducts so that they are not recycled or used, as determined by the Department.

(8) "Dispose" means any action that results in a disposal.

(9) Generator.

(a) "Generator" means a person whose operations, activities, processes, or actions create coal combustion byproducts.

(b) "Generator" does not include a person who only generates coal combustion byproducts by burning coal at a private residence.

(10) "Leachate" means liquid that:

(a) Has percolated through, has drained from, or has been generated by coal combustion byproducts; and

(b) Has extracted dissolved material, miscible material, suspended material, or all of these from the coal combustion byproducts.

(11) "Open dump" means a land disposal site which:

(a) Is not designed or operated in accordance with the requirements for a sanitary landfill under COMAR 26.04.07; or

(b) Is in violation of the Resource Conservation and Recovery Act, § 4005, and 40 CFR § 257.

(12) "Open dumping" means any action that results in the creation of an open dump.

(13) "Operator" means a person responsible for the overall operation of a facility, site, or storage system.

(14) "Owner" means a person who owns all or part of a facility, site, or storage system.

(15) "Person" means an individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, or other entity, or a federal, State, or local government or governmental unit, or any political subdivision of this State or any of its agencies or instrumentalities.

(16) "Pozzolan" has the meaning stated in Environment Article, § 15-407, Annotated Code of Maryland.

(17) "Sludge" means any solid, semi-solid, or liquid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, including sewage sludge but exclusive of the treated effluent from a wastewater treatment plant.

(18) "Solid waste" means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities, including coal combustion byproducts that are not recycled or used, as determined by the Department.

(19) "Solid waste acceptance facility" has the meaning stated in COMAR 26.04.07.02.

(20) "State" means the State of Maryland.

(21) "Storage system" means a storage tank, silo, bunker, impoundment, or other containment structure used for the storage of coal combustion byproducts before their disposal, use, or transport.

(22) "Surface impoundment" has the meaning stated in COMAR 26.10.02.04.

(23) "Waters of this State" has the meaning stated in Environment Article, § 9-101, Annotated Code of Maryland.

Md. Code Regs. 26.04.10.02