Md. Code Regs. 26.13.07.02-1

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.02-1 - Additional Information Requirements - Ground Water Protection

A. Applicability. This regulation applies to persons seeking or required to obtain a controlled hazardous substances (CHS) facility permit to manage hazardous waste in a regulated unit, as defined in COMAR 26.13.05.06 s A(2)(b).

B. Except as otherwise provided in COMAR 26.13.05.06 s A(3), a person subject to this regulation shall provide the following additional information regarding protection of ground water as a part of the permit application:

(1) A summary of the ground water monitoring data obtained from the requirements of COMAR 26.13.05.06 s A-E, when applicable;

(2) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground water flow direction and rate, and the basis for the identification, such as the information obtained from hydrogeologic investigation of the facility area;

(3) On the topographic map required under Regulation .02D(6) of this chapter, a delineation of the waste management area, the property boundary, the proposed point of compliance as defined under COMAR 26.13.05.06 s -1D, the proposed location of ground water monitoring wells as required under COMAR 26.13.05.06 s -2 and, to the extent possible, the information required in §B(2) of this regulation;

(4) A description of any plume of contamination that has entered the ground water from a regulated unit at the time the application is submitted that:

(a) Delineates the extent of the plume on the topographic map required under Regulation .02D(6)(b) of this chapter; and

(b) Identifies the concentration of each constituent from Appendix IX Ground Water Monitoring List of 40 CFR Part 264, which is incorporated by reference in COMAR 26.13.01.05 s B(1)(c), throughout the plume, or identifies the maximum concentrations of each constituent in the plume;

(5) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of COMAR 26.13.05.06 s -2;

(6) If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of COMAR 26.13.05.06 s -4, including:

(a) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;

(b) A proposed ground water monitoring system;

(c) Background values for each proposed monitoring parameter or constituent, or procedures to calculate these values; and

(d) A description of proposed sampling analysis and statistical comparison procedures to be used in evaluating ground water monitoring data;

(7) The following information if the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of permit application:

(a) Sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of COMAR 26.13.05.06 s -5;

(b) An engineering feasibility plan for a corrective action program necessary to meet the requirements of COMAR 26.13.05.06 s -6, except as provided by COMAR 26.13.05.06 s -4H(5), unless the permit applicant obtains written authorization in advance from the Secretary to submit a proposed permit schedule for submittal of the plan; and

(c) The following items to demonstrate compliance with COMAR 26.13.05.06 s -5:

(i) A description of the wastes previously handled at the facility;

(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with COMAR 26.13.05.06 s -2 and .06-5;

(iv) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in COMAR 26.13.05.06 s -1C, including a justification for establishing any alternate concentration limits;

(v) Detailed plans and an engineering report describing the proposed ground water monitoring system, in accordance with the requirements of COMAR 26.13.05.06 s -2; and

(vi) A description of proposed sampling, analysis, and statistical comparison procedures to be used in evaluating ground water monitoring data.

C. Information Concerning a Corrective Action Program.

(1) Under the circumstances described in §C(2) of this regulation, a person identified in §A of this regulation shall either:

(a) Provide, as part of a CHS facility permit application, sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of COMAR 26.13.05.06 s -6; or

(b) Comply with the following requirements:

(i) Demonstrate to the Secretary that alternate concentration limits will protect human health and the environment after considering the criteria listed in COMAR 26.13.05.06 s -1C(2); and

(ii) Provide as part of a CHS facility permit application, sufficient information to establish a compliance monitoring program which meets the requirements of §B of this regulation and COMAR 26.13.05.06 s -5.

(2) The requirements of §C(1) of this regulation apply if:

(a) Hazardous constituents have been measured in the ground water at levels which exceed the concentration limits established under COMAR 26.13.05.06 s -1C, Table 1; or

(b) Ground water monitoring conducted at the time of permit application under COMAR 26.13.05.06 s -1 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations.

(3) A person required by §C(1) of this regulation to submit information concerning a corrective action program under COMAR 26.13.05.06 s -6 shall address, at a minimum, the following items:

(a) A characterization of the contaminated ground water, including concentration of hazardous constituents;

(b) The concentration limit for each hazardous constituent found in the ground water as set forth in COMAR 26.13.05.06 s -1C;

(c) Detailed plans and an engineering report describing the corrective action to be taken; and

(d) A description of how the ground water monitoring program will assess the adequacy of the corrective action.

D. The Secretary may issue a permit containing a schedule for submittal of the information required in §C(3)(c)-(d) of this regulation if the permit applicant obtains written authorization from the Secretary before submittal of the complete permit application.

Md. Code Regs. 26.13.07.02-1