Md. Code Regs. 26.04.10.03

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

Section 26.04.10.03 - General Restrictions and Specifically Prohibited Acts

A. General Restrictions. A person may not engage in the generation, storage, handling, processing, disposal, recycling, beneficial use, or other use of coal combustion byproducts in a manner that is likely to:

(1) Create a nuisance;

(2) Create air pollution;

(3) Cause a discharge of pollutants to waters of this State except in accordance with a valid permit issued by the Department under Environment Article, § 9-323, Annotated Code of Maryland;

(4) Cause a violation of a ground water quality standard described in COMAR 26.08.02.09C;

(5) Impair the quality of the environment; or

(6) Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department.

B. Specific Prohibited Acts.

(1) Operating an Open Dump. Except as provided in Regulation .04E of this chapter, a person may not:

(a) Dispose of coal combustion byproducts in an open dump; or

(b) Cause, suffer, allow, or permit open dumping of coal combustion byproducts on the person's property.

(2) Accepting Controlled Hazardous Substances. A person may not accept a material that meets the definition of hazardous waste under COMAR 26.13.02 at a coal combustion byproducts disposal facility unless the facility is in compliance with the permit requirements of COMAR 26.13.07.01.

(3) Air Pollution. A person may not engage in the disposal, storage, transportation, processing, handling, or use of coal combustion byproducts without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall include, when appropriate as determined by the Department, those precautions described in COMAR 26.11.06.03C and D.

(4) Transportation. In addition to the requirements of §B(3) of this regulation, a person may not transport coal combustion byproducts without taking reasonable precautions to control fugitive air emissions relating to the transportation. These reasonable precautions shall include, at a minimum, the following:

(a) Vehicles transporting coal combustion byproducts shall be fully enclosed, or fully enclosed on all sides and covered with a firmly secured canvas or other covering, so as to prevent any coal combustion byproducts from blowing off, falling off, or spilling out of the vehicle, or the coal combustion byproducts shall be handled and transported in sealed containers designed for transportation of powdery solids;

(b) Before leaving a site where coal combustion byproducts are loaded or off-loaded, vehicles transporting coal combustion byproducts shall be rendered clean and free of excess material or debris that could blow off, fall off, or spill during transportation;

(c) Coal combustion byproducts being loaded into or off-loaded from a vehicle shall be sufficiently moistened or otherwise conditioned or contained to prevent particulate coal combustion byproducts from becoming airborne or causing fugitive air emissions;

(d) Following loading but prior to any transportation of coal combustion byproducts, the transporter shall inspect each vehicle that contains coal combustion byproducts to ensure that the requirements of §B(4) of this regulation are met;

(e) A transporter of coal combustion byproducts shall maintain an inspection log for each vehicle that shall be maintained in the vehicle at all times during transport of coal combustion byproducts, and for 30 days thereafter that shall certify compliance with the standards in §B(4) of this regulation; and

(f) An inspection log maintained by a transporter of coal combustion byproducts shall consist of an entry for each inspection of a vehicle that has been conducted by the transporter. An inspection entry shall consist of the following information:

(i) The date the inspection occurred;

(ii) The time of day the inspection occurred;

(iii) The name of the person conducting the inspection;

(iv) The condition of the vehicle and any corrective action required to ensure compliance with this subsection, for example, "truck cleaned and covered" for a vehicle that meets the requirements, or "cover OK, right side wheels hosed off again" for a vehicle that was properly covered but which required re-cleaning of wheels on the right side; and

(v) The signature of the individual certifying compliance with §B(4) of this regulation.

Md. Code Regs. 26.04.10.03

Regulation .03B amended effective October 18, 2010 (37:21 Md. R. 1437)