Md. Code Regs. 26.13.06.12

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.06.12 - Post-Closure

A. Applicability. This regulation and Regulations .13 -.15 of this chapter apply to the owners and operators of:

(1) All hazardous waste disposal facilities;

(2) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the extent that these regulations are made applicable to these facilities in Regulation .19B(4) or .20B(6) of this chapter;

(3) Tank systems that are required under Regulation .18D of this chapter to meet, under COMAR 26.13.05.10 s -7C, the requirements for landfills;

(4) Hazardous waste munitions and explosives storage units that are required under Regulation .28 of this chapter to meet, under COMAR 26.13.05.21 s C(3), the requirements for landfills; and

(5) Containment buildings that are required under Regulation .29 of this chapter to meet, under COMAR 26.13.05.18 s -3C, the requirements for landfills.

B. Survey Plat.

(1) Not later than the date of submission of the certification of closure of each hazardous waste disposal unit, an owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks.

(2) The survey plat shall be prepared and certified by a professional land surveyor.

(3) The survey plat filed with the local zoning authority or the authority with jurisdiction over local land use, as required in §B(1) of this regulation, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable requirements of Regulations .07-.15 of this chapter.

C. Post-Closure Care and Use of Property.

(1) Post-closure care for each hazardous waste management unit subject to the requirements of this section and Regulations .13-.15 of this chapter shall begin after completion of closure of the unit and continue for 30 years after that date.

(2) Post-closure care required in §C(1) of this regulation shall consist of at least the following:

(a) Monitoring and reporting in accordance with the requirements of Regulations .06 and .19-.22 of this chapter; and

(b) Maintenance and monitoring of waste containment systems in accordance with the requirements of Regulations .06 and .19-.22 of this chapter.

(3) The Secretary may, in accordance with §C(4) or (5) of this regulation, either shorten or lengthen the post-closure care period applicable to a hazardous waste management unit or facility:

(a) At any time preceding closure of a hazardous waste unit or facility that is subject to post-closure care requirements or final closure; or

(b) At any time during the post-closure period for a particular hazardous waste disposal unit.

(4) The Secretary may shorten the post-closure care period applicable to a hazardous waste management unit or facility if:

(a) All disposal units have been closed; and

(b) The Secretary finds that the reduced period is sufficient to protect human health and the environment, for example, by determining that leachate or ground water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicate that the hazardous waste management unit or facility is secure.

(5) The Secretary may extend the post-closure care period applicable to a hazardous waste management unit or facility if the Secretary finds that the extended period is necessary to protect human health and the environment. For example, the post-closure care period may be extended if leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment.

(6) The Secretary may require, at partial and final closure, continuation of any of the security requirements of Regulation .02 of this chapter during part or all of the post-closure period when:

(a) Hazardous wastes may remain exposed after completion of partial or final closure; or

(b) Access by the public or domestic livestock may pose a hazard to human health.

(7) If hazardous waste remains on or in a property after partial or final closure, a person may not engage in any post-closure use of the property which would disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the Secretary finds that the disturbance:

(a) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

(b) Is necessary to reduce a threat to human health or the environment.

(8) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in Regulation .13 of this chapter.

Md. Code Regs. 26.13.06.12

Regulations .12 under new chapter COMAR 26.13.06, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, adopted effective October 16, 2000 (27:20 Md. R. 1843)
Regulation .12A amended effective May 1, 2008 (35:8 Md. R. 809)