1. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to use a surface impoundment to store, dispose, or treat hazardous waste shall provide the Secretary with the specific information required by §B of this regulation.

2. B. For facilities that store, dispose of, or treat hazardous waste in surface impoundments, except as otherwise provided in COMAR 26.13.05.11, the permit applicant shall submit detailed plans and specifications accompanied by an engineering report which shall collectively include the following information:

   1. (1) A statement of the minimum freeboard to be maintained at the facility and the basis of the design to demonstrate compliance with freeboard requirements of COMAR 26.13.05.11B(1) and C(1) and (2), including, for flow-through facilities a hydraulic profile;
   2. (2) Detailed drawings of the structure which is or will be provided to immediately stop flow into the impoundment to comply with COMAR 26.13.05.11B(2), or, if no structure is needed to comply with COMAR 26.13.05.11H(3)(a), a description of the means by which waste additions will be stopped;
   3. (3) Detailed drawings of any dikes which exist or will be constructed;

   4. (4) For any dike associated with the surface impoundment:

      1. (a) A basis of design and design analysis of the dike to comply with COMAR 26.13.05.11B(4) and I(1); and
      2. (b) A demonstration, through the design analysis, that the dike will meet the requirements of COMAR 26.13.05.11F(3)(a);
   5. (5) Detailed design drawings and specifications of liner or liners and the leachate detection, collection, and removal system and the basis of design and design analysis to comply with COMAR 26.13.05.11B(3)—(5), and D(2)—(5);
   6. (6) Liner installation instructions to comply with the requirements of COMAR 26.13.05.11F(1), and for existing facilities if owner or operator proposes to rely on existing liners, a description of the installation procedures used;
   7. (7) Design details of the leachate removal system, the basis of design, and a description of the operating procedures to be used to ensure free flow from the collection system in accordance with COMAR 26.13.05.11C(4);
   8. (8) Design plans and specifications and basis of design of any structures needed to comply with COMAR 26.13.05.11C(5);
   9. (9) A description of the maintenance and repair procedures proposed to comply with COMAR 26.13.05.11C(4) and Regulation .07C of this chapter;
   10. (10) A description of the operating procedures that will ensure compliance with COMAR 26.13.05.11I and J;
   11. (11) A certification by a qualified engineer which complies with COMAR 26.13.05.11F(3) or, for a new facility, a statement by a qualified engineer that the engineer will provide this certification upon completion of construction in accordance with the plans and specifications;
   12. (12) A description of the procedure to be used for removing a surface impoundment from service, as required under COMAR 26.13.05.11H(2) and (3), as part of the contingency plan submitted under Regulation .02D(21) of this chapter;

   13. (13) As part of the closure plan, and, if applicable, the post-closure plan submitted under Regulation .02D(29) of this chapter:

       1. (a) A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under COMAR 26.13.05.11G(1)(a); and
       2. (b) For any wastes not to be removed from the unit upon closure, detailed plans and an engineering report describing how COMAR 26.13.05.11G(1)(b)—(d) and (2) will be complied with;
   14. (14) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how COMAR 26.13.05.11I will be complied with;
   15. (15) If incompatible wastes and materials will be placed in a surface impoundment, an explanation of how COMAR 26.13.05.11J will be complied with;
   16. (16) A description of the liner system or, if an exemption from the requirement for a liner is sought as provided by COMAR 26.13.05.11B(6), detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

   17. (17) A waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that:

       1. (a) Describes how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.11K; and

       2. (b) Addresses the:

          1. (i) Volume, physical characteristics, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
          2. (ii) Attenuative properties of underlying and surrounding soils or other materials;
          3. (iii) Mobilizing properties of other materials co-disposed with these wastes; and
          4. (iv) Effectiveness of additional treatment, design, or monitoring techniques;
   18. (18) A list of the hazardous wastes placed or to be placed in each surface impoundment;
   19. (19) If the leak detection system is located in a saturated zone, detailed plans and an engineering report explaining the leak detection system's design and operation, and the location of the saturated zone in relation to the leak detection system;
   20. (20) The construction quality assurance plan required by COMAR 26.13.05.02-2;
   21. (21) If required under COMAR 26.13.05.11D-2, a proposed action leakage rate with rationale and supporting information; and
   22. (22) If required under COMAR 26.13.05.11D-3, a response action plan.

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.05 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)

Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20)

Regulation .02A—F repealed, and new .02A—O adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective February 13, 1984 (11:3 Md. R. 202)

Regulations .02A, C, J, .03I amended and .01D, E, and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)

Regulation .03A—E repealed, and new .03A—M adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulation .05 repealed effective January 31, 1983 (10:2 Md. R. 110)

Chapter recodified from COMAR 10.51.07 to COMAR 26.13.07

Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01F amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .02A—D, J—L, and P amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .02D and E amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)

Regulation .02F amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533)

Regulation .02I adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .02R adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .05B amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533)

Regulation .13 amended and recodified as Regulations .13 and .13-1—.13-3 adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .13-1C adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .13-2A amended effective April 11, 1994 (21:7 Md. R. 533)

Regulation .15E amended effective May 5, 1997 (24:9 Md. R. 659)

Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515)

Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759)

Chapter revised effective September 10, 1997 (24:5 Md. R. 413)

Chapter revised effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647)

Chapter revised effective May 1, 2008 (35:8 Md. R. 809)

Regulation .01F repealed effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02D amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-4B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-5B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-6C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-8B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .13-2A amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .17B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-1 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-2 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-3C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-4 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-5 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-6 amended effective October 1, 2025 (52:17 Md. R. 876)