Md. Code Regs. 26.13.06.14

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

Section 26.13.06.14 - Post-Closure Notices

A. Not later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of the owner or operator's knowledge and in accordance with any records that the owner or operator has kept.

B. Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:

(1) Record a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:

(a) The land has been used to manage hazardous wastes,

(b) Its use is restricted under this regulation and Regulations .07-.15 of this chapter, and

(c) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by Regulation .12B of this chapter and §A of this regulation have been filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the Secretary; and

(2) Submit to the Secretary:

(a) A certification signed by the owner or operator that the owner or operator has recorded the notation specified in Regulation .14B(1) of this chapter; and

(b) A copy of the document in which the notation has been placed.

C. If the owner, operator, or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and soils, the owner or operator shall:

(1) Request a modification to the approved post-closure plan in accordance with the requirements of Regulation .13N-U of this chapter;

(2) Demonstrate that the removal of hazardous wastes will satisfy the criteria of Regulation .12C(7) of this chapter; and

(3) Manage any hazardous waste generated in these removal activities in accordance with all applicable requirements of this subtitle.

D. If the owner or operator is granted approval to conduct the removal activities, the owner or operator may request that the Secretary approve either:

(1) The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

Md. Code Regs. 26.13.06.14

Regulations .14 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)