1. A. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses or is proposed to use land treatment to dispose of hazardous waste shall provide the Secretary with the specific information required by §§B—D of this regulation.

2. B. For facilities that use land treatment to dispose of hazardous waste, except as otherwise provided in COMAR 26.13.05.01, the permit applicant shall provide the following information:

   1. (1) A description of plans to conduct a treatment demonstration as required under COMAR 26.13.05.13C that includes the following information:

      1. (a) The wastes for which the demonstration will be made and the potential hazardous constituents in the wastes;
      2. (b) The data sources to be used to make the treatment demonstration such as scientific literature, laboratory data, field data, or operating data; and

      3. (c) A description of any specific laboratory or field test that will be conducted, including:

         1. (i) The type of test, such as column leaching or degradation;
         2. (ii) Materials and methods, including analytical procedures;
         3. (iii) Expected time for completion;
         4. (iv) Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices;

   2. (2) A description of a land treatment program as required under COMAR 26.13.05.13B, which shall:

      1. (a) Be submitted with the plan for the treatment demonstration;
      2. (b) Be updated following the treatment demonstration; and

      3. (c) Address the following items:

         1. (i) The wastes to be land treated;
         2. (ii) Design measures and operating practices necessary to maximize treatment in accordance with COMAR 26.13.05.13D(1);
         3. (iii) Waste application method and rate;
         4. (iv) Measures to control soil pH;
         5. (v) Enhancement of microbial or chemical reactions;
         6. (vi) Control of moisture content;
         7. (vii) Provisions for unsaturated zone monitoring, including: sampling equipment, procedures, frequency, procedures for selecting sampling locations, analytical procedures, chain of custody control, procedures for establishing background values, statistical methods for interpreting results;
         8. (viii) The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for the selection in COMAR 26.13.05.13I(1);
         9. (ix) A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed in accordance with COMAR 26.13.05.02D; and
         10. (x) The proposed dimensions of the treatment zone;

   3. (3) A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of COMAR 26.13.05.13D that addresses the following items:

      1. (a) Control of run-on;
      2. (b) Collection and control of run-off;
      3. (c) Minimization of run-off of hazardous constituents from the treatment zone;
      4. (d) Management of collection and holding facilities associated with run-on and run-off control systems;
      5. (e) Periodic inspection of the unit, as part of the inspection plan submitted under Regulation .02D(19) of this chapter; and
      6. (f) Control of wind dispersal of particulate matter, if applicable;
   4. (4) A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining the cover during the post-closure care period, as required under COMAR 26.13.05.13K(1)(h) and (3)(b), as part of the closure plan and, if applicable, the post-closure care plan submitted under Regulation .02D(29) of this chapter;
   5. (5) If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of COMAR 26.13.05.13L will be complied with;
   6. (6) If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how COMAR 26.13.05.13M will be complied with;

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

      1. (a) Describes how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.13N; 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;
   8. (8) A list of the hazardous wastes to be land treated.

3. C. If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, the permit applicant shall provide a description of how the demonstration required under COMAR 26.13.05.13G was conducted including:

   1. (1) Characteristics of the food-chain crop for which the demonstration will be made;
   2. (2) Characteristics of the waste, treatment zone, and waste application method and rate to be used in the demonstration;
   3. (3) Procedures for crop growth, sample collection, sample analysis, and data evaluation; and
   4. (4) Characteristics of the comparison crop, including the location and conditions under which it was or will be grown.
4. D. If food-chain crops are to be grown, and cadmium is present in the land treated waste, the permit applicant shall provide a description of how the requirements of COMAR 26.13.05.13G(6) will be complied with.

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)