Md. Code Regs. 26.13.05.02-2

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

Section 26.13.05.02-2 - Construction Quality Assurance Program

A. This regulation applies to the owner or operator of a:

(1) Surface impoundment that is subject to the requirements of Regulation .11D(4) or (5) of this chapter;

(2) Waste pile that is subject to the requirements of Regulation .12D(1) or (2) of this chapter; or

(3) Landfill unit that is subject to the requirements of Regulation .14B(3) or (4) of this chapter.

B. The owner or operator of a land disposal unit identified in §A of this regulation shall:

(1) Incorporate into facility operations a construction quality assurance program that:

(a) Ensures that the constructed unit meets or exceeds all design criteria and specifications in the facility permit; and

(b) Has been developed and implemented under the direction of a construction quality assurance officer who is a registered professional engineer; and

(2) As qualified by §C of this regulation, ensure that the construction quality assurance program meets the requirements of 40 CFR § 264.19(a)(2), (b), and (c).

C. In complying with the requirements of 40 CFR § 264.19, the owner or operator shall:

(1) Substitute "Secretary" for "Regional Administrator"; and

(2) Substitute the corresponding regulation or regulations identified in COMAR 26.13.01.05B(2) for the provisions in other sections of the Code of Federal Regulations that are cited within 40 CFR § 264.19.

D. Certification. The owner or operator of a unit identified in §A if this regulation:

(1) May not accept waste into the unit until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the construction quality assurance officer that the:

(a) Approved construction quality assurance plan has been successfully carried out;

(b) Unit meets the requirements of:

(i) Regulation .11D(4) or (5) of this chapter;

(ii) Regulation .12D(1) or (2) of this chapter; or

(iii) Regulation . 14B(3) or (4) of this chapter; and

(c) Procedure of COMAR 26.13.07.15C(2) and (3) regarding inspection by the Department has been carried out; and

(2) Shall furnish documentation supporting the construction quality assurance officer's certification to the Department upon request.

Md. Code Regs. 26.13.05.02-2

Regulation .02-2 adopted effective 49:1 Md. R. 14, eff. 1/13/2022