Md. Code Regs. 26.04.10.04

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

Section 26.04.10.04 - Disposal

A. Disposal. A person may not dispose of coal combustion byproducts except in accordance with the provisions of this regulation.

B. A person shall dispose of coal combustion byproducts only in a coal combustion byproducts disposal facility or a solid waste acceptance facility that has been authorized by the Department for the disposal of coal combustion byproducts.

C. On or after December 1, 2008, before a new coal combustion byproducts disposal facility may be constructed, a person shall apply for a permit for an industrial waste landfill under Environment Article, § 9-204, Annotated Code of Maryland, and comply with the requirements for industrial waste landfills in COMAR 26.04.07 to the satisfaction of the Department, including but not limited to:

(1) The general requirements in COMAR 26.04.07.19;

(2) The permit requirements in COMAR 26.04.07.20;

(3) The closure requirements in COMAR 26.04.07.21;

(4) The post-closure monitoring and maintenance requirements in COMAR 26.04.07.22; and

(5) Any other requirements the Department considers necessary to protect public health and the environment or to prevent nuisance conditions.

D. A new coal combustion byproducts disposal facility may not be constructed or operated on or after December 1, 2008 unless a permit for an industrial waste landfill has been issued by the Department authorizing the facility.

E. A coal combustion byproducts disposal facility that the Department has authorized for the disposal of coal combustion byproducts before December 1, 2008, may continue to operate under the Department's authorization, except that the Department reserves the right to modify an existing authorization to require additional controls or requirements as it considers necessary to protect public health and the environment or to prevent nuisance conditions.

F. An existing coal combustion byproducts disposal facility that intends or proposes to expand beyond its current authorization or operations shall notify the Department in writing. The Department may impose additional controls or requirements on the expansion of the facility as it considers necessary to protect public health and the environment or to prevent nuisance conditions, including, but not limited to, a requirement that the proposed expansion obtain a refuse disposal permit for a new industrial waste landfill or other solid waste acceptance facility as the Department considers appropriate, in accordance with applicable regulations.

Md. Code Regs. 26.04.10.04