Md. Code Regs. 26.04.10.05

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

Section 26.04.10.05 - Storage

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

B. A person may not store coal combustion byproducts directly on the surface of the ground or in an unlined surface impoundment, pit, pond, or lagoon without the authorization of the Department.

C. A person shall store coal combustion byproducts in a manner that prevents contact with waters of this State and that is designed either to minimize contact with precipitation or to collect leachate that may result from contact with precipitation.

D. A person may not use a storage system for coal combustion byproducts unless the storage system is:

(1) Designed, constructed, and installed to contain coal combustion byproducts and contaminants in the coal combustion byproducts and prevent them from being released to the environment; and

(2) Provided with a roof or other protections to prevent nuisance, air pollution, and unlawful discharges of contaminated stormwater or leachate to the waters of this State.

E. A person may not store coal combustion byproducts in an area likely to pollute the waters of this State.

F. Responsibility for the prompt control, containment, and removal of any released coal combustion byproducts or for placing coal combustion byproducts in a position likely to pollute the waters of this State shall be with the person responsible for the release, and with the owner and operator of the facility, site, or storage system where the release occurred. This responsibility shall continue until removal or clean up of any contamination or pollution from the release has been accomplished to the satisfaction of the Department.

G. The Department may impose specific requirements for the storage of coal combustion byproducts upon a determination that storage of coal combustion byproducts has caused or is likely to cause a discharge to the waters of the State, is a nuisance, or otherwise poses a threat to public health or the environment.

H. The owner and operator of a facility, site, or storage system shall ensure that:

(1) A release of coal combustion byproducts during storage operations due to spilling or overflowing does not occur;

(2) Adequate storage space is available to handle the volume of coal combustion byproducts generated and to be stored; and

(3) Transfer, handling, and storage operations are performed in a manner that shall prevent, contain, and clean up spills of coal combustion byproducts.

Md. Code Regs. 26.04.10.05