Md. Code Regs. 26.21.04.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.04.03 - Authorization of Use and General Requirements

A. Authorization of Use.

(1) Coal combustion byproducts may be used in the reclamation of a permitted noncoal surface mine only when approved by the Department.

(2) The Department shall review and approve the use as part of a permit review or permit modification in accordance with this chapter and in accordance with the applicable provisions of Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and COMAR 26.21.

B. General Requirements.

(1) Flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods that are generated by the combustion of coal may not be used in the reclamation of a noncoal surface mine.

(2) The use of coal combustion byproducts in the reclamation of a noncoal surface mine shall be designed to prevent the degradation of water quality.

(3) Coal combustion byproducts containing a constituent at a level exceeding the TCLP toxicity limits defined in 40 CFR § 261.24 may not be used in the reclamation of a noncoal surface mine.

(4) To minimize leachate generation, coal combustion byproducts used in noncoal surface mine reclamation shall be placed in layers and compacted to at least 90 percent of its maximum dry density based on ASTM D698 (Standard Proctor), or to a permeability of less than 10-5 centimeters/second. Thickness of each layer may not be greater than 12 inches.

(5) Final grade of a site after reclamation may not exceed approximate pre-mining contours at the site, except where post-mining land use requires minimal variation and is approved by the Department.

(6) Coal combustion byproducts may not be placed in ground or surface waters and may not be placed within 3 feet of the maximum expected ground water elevation at the site, unless the Department approves otherwise upon a demonstration that ground water contamination will not occur.

(7) The area of exposed coal combustion byproducts at a site shall be minimized and may not exceed 5 acres unless approved by the Department.

(8) Coal combustion byproducts at a site shall be immediately placed and compacted and may not be stockpiled.

(9) If placement of coal combustion byproducts is halted for more than 15 days, the coal combustion byproducts shall be covered to prevent infiltration of ground or surface water.

(10) Adequate measures shall be taken to minimize dust at a site as follows:

(a) A person shall control dust by moisture-conditioning the coal combustion byproducts before they leave the coal combustion byproducts generating facility, or by handling them in sealed containers designed for transportation of powdery solids and moisture-conditioning them prior to off-loading them to the ground;

(b) A person shall control dust by spreading and compacting the coal combustion byproducts upon arrival at a site;

(c) A person may not store uncompacted coal combustion byproducts at a site;

(d) A water truck shall be available to add water at a site as needed for fugitive dust control; and

(e) The Department may require other measures it considers necessary to protect public health and the environment.

(11) Only coal combustion byproducts obtained from sources approved by the Department may be used at a site.

(12) Coal combustion byproducts may not be placed within 200 feet of any lands not owned by the permittee or owner.

(13) A permittee shall implement an erosion and sediment control plan that satisfies the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.17.01.

(14) A permittee shall provide a minimum of two upgradient and two downgradient monitoring wells at a site. The Department may require additional monitoring wells based upon site conditions. Monitoring wells shall be constructed and installed by a State-licensed well driller in accordance with COMAR 26.04.04. The well screen or slotted casing shall extend from the seasonally high water table downward a minimum of 15 feet.

(15) A permittee shall comply with all other permits and approvals required by the Department.

Md. Code Regs. 26.21.04.03