Md. Code Regs. 26.21.04.04

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

Section 26.21.04.04 - Application for Use

A. Before using coal combustion byproducts in the reclamation of a noncoal surface mine, a permittee shall submit to the Department for review and approval an application and comprehensive plans for the reclamation project, including, but not limited to, plans for the development and implementation of a leachate control and collection system.

B. The Department shall review and, if acceptable, approve the application and plans before the use of the coal combustion byproducts.

C. The plans shall contain the following at a minimum:

(1) A completed and signed application on a form provided by the Department;

(2) A comprehensive physical and chemical description of the coal combustion byproducts to be used for reclamation at the site, including:

(a) Identification of the source of the coal combustion byproducts;

(b) The amounts of coal combustion byproducts proposed to be used in the reclamation; and

(c) The characterization report required by Regulation .05 of this chapter;

(3) A topographic map which is an accurate depiction of the site at the time the application is filed, prepared to a scale not smaller than 1 inch equals 100 feet, which depicts the property boundaries, on-site buildings and structures, and obvious surficial features, including but not limited to:

(a) Current and proposed affected lands;

(b) Springs and seeps;

(c) Streams, whether intermittent or perennial;

(d) Rock outcrops;

(e) Sink holes;

(f) Surface impoundments;

(g) Existing wells within 1,250 feet of the boundaries of the site;

(h) 100-year flood plain and any nontidal wetlands;

(i) Forested or other vegetated areas; and

(j) The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the site;

(4) A discussion of the geologic formations directly underlying and in close proximity to the site;

(5) Ground water elevation data from the site and a prediction of the maximum expected ground water elevation at the site, including an explanation of how the ground water elevation estimates were derived;

(6) Geologic cross sections of the site in sufficient detail and orientation to clearly identify subsurface conditions;

(7) Representative background ground water quality data from monitoring wells identified by the Department for the parameters set forth in Table I in Regulation 07A of this regulation, or other parameters required by the Department;

(8) Test boring logs, well completion reports, piezometric measurements, chemical or physical soil analyses, or both, and accompanying geotechnical analyses;

(9) A description of how coal combustion byproducts will be placed, including a detailed description of fill construction and phasing;

(10) A map or drawing depicting the initial and final grades of the site after completion of coal combustion byproduct placement;

(11) A discussion of the projected future use of the site;

(12) The volume and type of available cover material to be used;

(13) Means of controlling access to the site;

(14) Proposed operating procedures, including:

(a) Hours of operation;

(b) Necessary equipment to handle materials delivered to the site;

(c) Means to control dust and wind erosion;

(c) Means to control dust and wind erosion; and

(d) Procedures to be followed upon delivery of the coal combustion byproducts;

(15) Methods of controlling runoff or run-on to the site and a detailed description of the sediment and erosion control system to be implemented, which shall satisfy the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.09.01;

(16) A description of proposed methods of covering and stabilizing completed areas;

(17) A description, including flow diagrams, of the processes generating leachate, including raw materials, intermediate byproducts, final products, and process streams;

(18) A description of the design features and systems intended to protect ground water from leachate, including a detailed description of the proposed liner and leachate collection system;

(19) A discussion as to how leachate will be collected, removed from the site, and ultimately disposed of;

(20) A description of quality assurance/quality control protocols;

(21) A monitoring plan as described in Regulation .07 of this chapter; and

(22) Other information as may be required by the Department.

Md. Code Regs. 26.21.04.04