Md. Code Regs. 26.21.04.09

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

Section 26.21.04.09 - Post-Closure Monitoring and Maintenance

A. A permittee shall conduct post-closure monitoring and maintenance of a permitted site as specified in this regulation for a period of time not less than 5 years after the complete installation of the closure cap under Regulation .08 of this chapter. This time period may be extended by the Department if the Department determines an extension is necessary under §F of this regulation.

B. A permittee shall conduct all leachate management activities necessary to insure that no discharge of leachate to the ground water or unauthorized discharge to surface water occurs during the post-closure period.

C. Inspections. A permittee or a permittee's authorized representative shall inspect a closed site at least twice a year. The inspection shall include:

(1) Observation of the cover at the site;

(2) Notation of any drainage irregularities or signs of erosion of the cover;

(3) Notation of any surface expressions of leachate at the site; and

(4) Checking the status of the monitoring wells.

D. Maintenance. A permittee shall correct irregularities or problems noted during an inspection within 30 days of their observance unless otherwise directed by the Department.

E. Reporting and Record Keeping. A permittee shall record and report to the Department within 60 days of an inspection the results of the inspection. A permittee of a site shall maintain copies of the results of inspections on file at an accessible location for a period of 5 years following closure of the site.

F. Environmental Monitoring.

(1) A permittee shall conduct ground water and surface water monitoring in accordance with the monitoring plan under Regulation .07 of this chapter for a period of at least 5 years following closure of a site.

(2) The time period specified under §F(1) of this regulation may be extended by the Department:

(a) If results of monitoring indicate that a possible impact on water quality caused by the surface mine reclamation is or may be occurring;

(b) If the ground water flow regime and disposition of the monitoring system is such that the monitoring system may not yet have detected any changes if they have occurred;

(c) If significant maintenance situations occur at a site during the 5 year period after closure; or

(d) For other good cause.

G. If post-reclamation land use includes development of a site, a permittee shall submit to the Department for review and approval an operations plan for disturbance of the closure cap and to verify the integrity of the liner and leachate collection system.

H. The Department may retain the full surface mine bond required under Environment Article, § 15-823, Annotated Code of Maryland, until the Department is satisfied that no offsite impacts from the coal combustion byproducts will occur. In making this determination, the Department shall consider the monitoring and post-closure monitoring results reported by the permittee pursuant to Regulations .07 and .09 of this chapter.

Md. Code Regs. 26.21.04.09