Md. Code Regs. 26.13.07.07 – Schedules of Compliance.

A. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the appropriate Act and regulations.
B. Time for Compliance. Any schedules of compliance under this section shall require compliance as soon as possible.
C. Interim Dates.
1. (1) Except as provided in §E(1)(b), if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
2. (2) The time between interim dates may not exceed 1 year.
3. (3) If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.
D. Reporting. The permit shall be written to require that not later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Secretary in writing of its compliance or noncompliance with the interim or final requirements.
E. Alternate Schedules of Compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving terminal volume of hazardous waste and for treatment and storage HWM facilities, closing pursuant to applicable requirements, and for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:
1. (1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
  1. (a) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities;
  2. (b) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement.
2. (2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements.
3. (3) If the permittee is undecided whether to cease conducting regulated activities, the Secretary may issue or modify a permit to contain two schedules as follows:
  1. (a) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities not later than a date that ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities.
  2. (b) One schedule shall lead to timely compliance with applicable requirements.
  3. (c) The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements.
  4. (d) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under §E(3)(a) it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
4. (4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidence by a firm public commitment satisfactory to the Secretary, such as a resolution of the board of directors of a corporation.

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)