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 waste pile 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 or treat hazardous waste in waste piles, except as otherwise provided in COMAR 26.13.05.12, the permit applicant shall provide the following information:

   1. (1) A description of practices to control wind dispersal (for example, cover or frequent wetting) of hazardous waste in piles so that the Secretary, when necessary, can specify appropriate control measures;

   2. (2) Detailed plans and an engineering report which:

      1. (a) Demonstrate that the design of the waste pile meets the requirements of COMAR 26.13.05.12B and D;
      2. (b) Demonstrate how the waste pile will be constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.12B and D;

      3. (c) Include the following information:

         1. (i) A description of measures to divert run-on away from the pile;
         2. (ii) A description of the leachate and run-off collection and control system;
         3. (iii) A description of the foundation supporting the base;
         4. (iv) Design specifications of the pile base and liner or liners, including the estimated containment life of the base and the permeability of the liner or liners;
         5. (v) Estimated life of the hazardous waste pile; and
         6. (vi) If applicable under COMAR 26.13.05.12D(1)(a)(ii), a description of the leachate detection, collection, and removal system including the system's relation to the water table and a description of any efforts to control the water table;

   3. (3) A detailed description of the facility operating procedures which demonstrates compliance with COMAR 26.13.05.12D, G, and H, including:

      1. (a) A description of efforts to protect the containment system from plant growth which could puncture any component of the system;
      2. (b) A description of design and operating procedures to properly manage and dispose of any leachate that is a hazardous waste;
      3. (c) A description and listing of all equipment and procedures used to place the waste in or on the pile or to clean and expose the liner surface; and
      4. (d) A description of efforts to separate hazardous waste that is incompatible with any waste or material stored nearby, including the design specifications of any dike, berm, wall, or other device used to separate the materials;
   4. (4) If applicable under COMAR 26.13.05.12, a description of the leachate detection, collection, and removal system, including the system's relation to the water table and a description of any efforts to control the water table;
   5. (5) As part of the inspection plan submitted under Regulation .02D(19) of this chapter, a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of COMAR 26.13.05.12D and E;
   6. (6) If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quantity of the residuals;
   7. (7) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how an owner or operator will comply with the requirements of COMAR 26.13.05.12G;
   8. (8) If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how an owner or operator will comply with the requirements of COMAR 26.13.05.12H;

   9. (9) 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 waste pile upon closure; and
      2. (b) Detailed plans and an engineering report describing how the owner or operator will comply with COMAR 26.13.05.12I;

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

       1. (a) Describes how a waste pile that is not enclosed, as defined in COMAR 26.13.05.12A, is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.12J; and

       2. (b) Addresses the:

          1. (i) Volume, physical characteristics, and chemical characteristics of the wastes to be disposed of in the waste pile, 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;
   11. (11) A list of the hazardous wastes placed, or to be placed, in each waste pile;
   12. (12) If the permit applicant seeks an exemption from the requirements of COMAR 26.13.05.12B and D, and .06—.06-7, as provided by COMAR 26.13.05.12A(2) or .06A(3)(b), an explanation of how the standards of COMAR 26.13.05.12A(2) will be complied with or detailed plans and an engineering report describing how the requirements of COMAR 26.13.05.06A(3)(b) will be met;
   13. (13) 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;
   14. (14) The construction quality assurance plan required by COMAR 26.13.05.02-2;
   15. (15) If required under COMAR 26.13.05.12D-1, a proposed action leakage rate with rationale and supporting information; and
   16. (16) If required under COMAR 26.13.05.11D-2, 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)