1. A. Public Hearing. Before issuing a refuse disposal permit for a municipal landfill, the Department shall hold a public hearing on the permit application, as required by Environment Article, §9-209, Annotated Code of Maryland. At the time of the public hearing the applicant shall establish that the applicant has met all the provisions of Environment Article, §§9-204, 9-209, 9-210, and 9-211, Annotated Code of Maryland, and the regulations adopted under these statutes.
2. B. Deed Amendment. Before issuing a refuse disposal permit, the applicant shall submit proof that the deed pertaining to the site in question has been amended to stipulate, upon close-out of this operation, construction or excavation on this site may not begin without first obtaining written authorization from the Approving Authority.
3. C. Bond. Before issuance of the permit, the applicant shall provide proof of the bonding as required by Environment Article, §9-211(c), Annotated Code of Maryland.

4. D. Consistency with the County Solid Waste Management Plan. Before issuance of the permit the applicant shall provide:

   1. (1) A statement from the appropriate local governmental agency concerning the consistency of the proposed facility with the approved county comprehensive solid waste management plan. If the local government fails to provide a response within 60 days of receipt of a request for a statement, a copy of the certified letter to the county requesting a statement shall be deemed to satisfy this requirement.
   2. (2) Proof that the facility is consistent with the approved county comprehensive solid waste management plan.

5. E. Hydrogeologic Siting Criteria. As a general requirement, a landfill shall be located in a hydrologic setting which is compatible with land disposal of solid waste as determined by the Approving Authority. For sites which are deemed less suitable for landfill siting due to site specific features, the Approving Authority may impose more stringent design or operational constraints, or both, to compensate for the deficiencies. Compatibility criteria shall include, but are not limited to the following:

   1. (1) Hydraulic conductivity of the in-situ soils;
   2. (2) Thickness, quality and classification of the in-situ soils;
   3. (3) Depth to the water table and aquifer use within 1,000 feet of the landfill boundary;
   4. (4) Potential for subsurface migration of contaminants in rock fractures or highly permeable zones in bedrock or in in-situ soil overburden.

6. F. Additional Monitoring Requirements. If the Department determines that contamination of waters of this State has occurred or is liable to occur as a result of operation of the landfill, the Approving Authority may require the permit holder to periodically collect and analyze ground water or surface water at the permitted site and to submit the results to the Approving Authority. The Approving Authority may furthermore specify the following:

   1. (1) Number and location of the sampling stations;
   2. (2) Frequency of the analyses;
   3. (3) Sampling and analyses procedures;
   4. (4) Pollutants to be monitored; and
   5. (5) Reporting period.

Authority: Environment Article, §§9-204, 9-252, and 9-314, Annotated Code of Maryland

Effective date: July 25, 1980 (7:15 Md. R. 1423)

Regulation .04B amended effective June 21, 1982 (9:12 Md. R. 1224)

Chapter, Installation and Operation of Systems of Refuse Disposal for Public Use, repealed effective March 7, 1988 (15:5 Md. R. 618)

Regulations .01—.27, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)

COMAR 10.17.11 recodified to COMAR 26.04.07

Regulation .02B amended effective September 22, 1997 (24:19 Md. R. 1342); December 1, 2008 (35:24 Md. R. 2080); June 18, 2018 (45:12 Md. R. 619)

Regulation .04C amended effective December 1, 2008 (35:24 Md. R. 2080)

Regulation .13B amended effective September 22, 1997 (24:19 Md. R. 1342)

Regulation .15 amended effective September 22, 1997 (24:19 Md. R. 1342)

Regulation .16 amended effective September 22, 1997 (24:19 Md. R. 1342)

Regulation .17 amended effective September 22, 1997 (24:19 Md. R. 1342)

Regulation .18 amended effective September 22, 1997 (24:19 Md. R. 1342)