Md. Code Regs. 26.13.05.02 - General Facility Standards
A. Applicability. This regulation applies to
owners and operators of all hazardous waste facilities, except as Regulation
.01A provides otherwise.
B.
Identification Number. Every facility owner or operator shall apply to the
State for an EPA identification number.
C. Required Notices.
(1) The owner or operator of a facility that
is arranging or has arranged to receive hazardous waste subject to 40 CFR Part
262, Subpart H, from a foreign source shall:
(a) Submit the notices required in
40 CFR §
264.12(a); and
(b) In complying with
40 CFR §
264.12(a), comply with
provisions in the Code of Federal Regulations as referenced rather than
analogous provisions in COMAR.
(2) Before transferring ownership or
operation of a facility during its operating life, or of a disposal facility
during the post-closure period, the owner or operator shall notify the new
owner or operator in writing of the requirements of this chapter and COMAR
26.13.07.
(3) The owner or operator
of a facility that receives hazardous waste from an off-site source, unless the
owner or operator is also the generator, shall inform the generator in writing
that the appropriate permit or permits for the facility have been obtained, or
that the facility has qualified for interim status, and that the waste the
generator is shipping will be accepted. The owner or operator shall keep a copy
of this written notice as part of the operating record.
(4) Hazardous Waste Received at a Recovery
Facility from a Foreign Source.
(a) For the
purposes of this subsection:
(i) "Competent
authorities" has the meaning stated in
40 CFR §
262.81(a);
(ii) "Concerned countries" has the meaning
stated in 40 CFR §
262.81(b);
(iii) "Notifier" has the meaning stated in
40 CFR §
262.81(g);
(iv) "Recovery facility" has the meaning
stated in 40 CFR §
262.81(j); and
(v) "Tracking document" means a document that
meets the requirements of 40
CFR §
262.84, which is incorporated by
reference in COMAR
26.13.01.05 o
B(1)(d).
(b) The owner or
operator of a recovery facility that has arranged to receive hazardous waste
subject to COMAR
26.13.03.07-5, which deals with
international agreements concerning shipments of hazardous waste, shall provide
a copy of the tracking document bearing all required signatures, within 3
working days of receipt of the shipment to:
(i) The notifier;
(ii) The U.S. EPA at the address given in
40 CFR §
264.12(a)(2); and
(iii) The competent authorities of all other
concerned countries.
(c)
A person required to distribute copies of a tracking document under
§C(4)(b) of this regulation shall maintain the original of the signed
tracking document at the facility for at least 3
years.
D.
General Waste Analysis.
(1) Chemical and
Physical Analysis.
(a) Before an owner or
operator treats, stores, or disposes of any hazardous waste, or non-hazardous
waste if applicable under Regulation .07D(6) of this chapter, the owner or
operator shall obtain a detailed chemical and physical analysis of a
representative sample of the waste. At a minimum, this analysis shall contain
all the information which is needed to treat, store, or dispose of the waste in
accordance with the:
(i) Requirements of this
chapter and COMAR 26.13.09; or
(ii)
Conditions of a permit issued pursuant to COMAR 26.13.07.
(b) The analysis may include data developed
under COMAR 26.13.02, existing published or documented data on the hazardous
waste or on waste generated from similar processes.
(c) The owner or operator shall repeat the
analysis required by §D(1)(a) of this regulation to ensure that it is
accurate and up to date, and, in doing so, repeat the analysis at a minimum:
(i) When the owner or operator is notified,
or has reason to believe, that the process or operation generating the
hazardous waste, or non-hazardous waste if applicable under Regulation .07D(6)
of this chapter, has changed; and
(ii) For off-site facilities, when the
results of the inspection required in §D(1)(d), of this regulation,
indicate that the hazardous waste received at the facility does not match the
waste designated on the accompanying manifest or shipping paper.
(d) The owner or operator of an
off-site facility shall inspect and, if necessary, analyze each hazardous waste
movement received at the facility to determine whether it matches the identity
of the waste specified on the accompanying manifest or shipping
paper.
(2) Written
Analysis. The owner or operator shall:
(a)
Develop and follow a written waste analysis plan which describes the procedures
which the owner or operator will carry out to comply with §D(1) of this
regulation.
(b) Keep the waste
analysis plan required by §D(2)(a) of this regulation at the
facility;
(c) Assure that the plan
required by §D(2) of this regulation specifies, at a minimum:
(i) The parameters for which each hazardous
waste, or non-hazardous waste if applicable under Regulation .07D(6) of this
chapter, will be analyzed and the rationale for the selection of these
parameters, explaining how analysis for these parameters will provide
sufficient information on the waste's properties to comply with §D(1) of
this regulation;
(ii) The test
methods which will be used to test for these parameters;
(iii) The sampling method which will be used
to obtain a representative sample of the waste to be analyzed, which may be
either one of the sampling methods described in COMAR
26.13.02.20 or an equivalent
sampling method;
(iv) The frequency
with which the initial analysis of the waste will be reviewed or repeated to
ensure that the analysis is accurate and up to date;
(v) For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply; and
(vi) When applicable, the methods which will
be used to meet the additional waste analysis requirements for specific waste
management methods as specified in §H of this regulation, Regulations .14N
and .16D of this chapter, and COMAR 26.13.09; and
(d) Assure that, for off-site facilities, the
waste analysis plan required in §D(2)(a) of this regulation at a minimum:
(i) Specifies the procedures which will be
used to inspect and, if necessary, analyze each movement of hazardous waste
received at the facility to ensure that it matches the identity of the waste
designated on the accompanying manifest or shipping paper;
(ii) Describes the procedures which will be
used to determine the identity of each movement of waste managed at the
facility; and
(iii) Describes the
sampling method which will be used to obtain a representative sample of the
waste to be identified, if the identification method includes
sampling.
(3)
Special Requirements for Surface Impoundments. The owner or operator of a
surface impoundment exempted from land disposal restrictions under
40 CFR §
268.4(a) shall ensure that
the waste analysis plan required by §D(2) of this regulation includes the
procedures and schedules for the:
(a)
Sampling of impoundment contents;
(b) Analysis of test data; and
(c) Annual removal of residues specified in
§D(4) of this regulation.
(4) The requirement of §D(3)(c) of this
regulation applies to surface impoundment residues that are regulated as
hazardous waste because they exhibit a characteristic of hazardous waste or
they have not been delisted under COMAR
26.13.01.04B-1,
and either:
(a) Do not meet the applicable
treatment standards of 40 CFR Part 268, Subpart D; or
E. Security.
(1) The owner or operator shall prevent the
unknowing entry, and minimize the possibility for the unauthorized entry, of
persons or livestock onto the active portion of his facility, unless it can be
demonstrated to the Secretary that:
(a)
Physical contact with the waste, structures, or equipment within the active
portion of the facility does not injure unknowing or unauthorized persons or
livestock which may enter the active portion of a facility; and
(b) Disturbance of the waste or equipment, by
the unknowing or unauthorized entry of persons or livestock onto the active
portion of a facility, does not cause a violation of the requirements of this
chapter.
(2) Unless
exempt under §E(1)(a) and (b), of this regulation, a facility shall have:
(a) A 24-hour surveillance system (for
example, television monitoring or surveillance by guards or facility personnel)
which continuously monitors and controls entry onto the active portion of the
facility; or
(b) An artificial or
natural barrier (for example, a fence in good repair or a fence combined with a
cliff), which completely surrounds the active portion of the facility;
and
(c) A means to control entry,
at all times, through the gates or other entrances to the active portion of the
facility (for example, an attendant, television monitors, locked entrance, or
controlled roadway access to the facility).
(3) Unless exempt under §E(1)(a) and
(b), of this regulation, a sign with the legend "Danger-Unauthorized Personnel
Keep Out", shall be posted at every entrance to the active portion of a
facility, and at other locations, in sufficient numbers to be seen from any
approach to this active portion. The legend shall be written in English and in
any other language predominant in the area surrounding the facility and must be
legible from a distance of at least 25 feet. Existing signs with a legend other
than "Danger-Unauthorized Personnel Keep Out" may be used if the legend on the
sign indicates that only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion can be dangerous.
F. General Inspection
Requirements.
(1) The owner or operator shall
inspect his facility for malfunctions and deterioration, operator errors, and
discharges which may be causing, or may lead to, a release of hazardous waste
constituents to the environment or may be causing, or may lead to, a threat to
human health. The owner or operator shall conduct these inspections often
enough to identify problems in time to correct them before they harm human
health or the environment.
(2)
Development of Written Schedule.
(a) The owner
or operator shall develop and follow a written schedule for inspecting all
monitoring equipment, safety and emergency equipment, security devices, and
operating and structural equipment (such as dikes and sump pumps) that are
important to preventing, detecting, or responding to environmental or human
health hazards.
(b) The owner shall
keep this schedule at the facility.
(c) The schedule shall identify the types of
problems (for example, malfunctions or deterioration) which are to be looked
for during the inspection (for example, inoperative sump pump, leaking fitting,
eroding dike, etc.).
(d) The owner
or operator:
(i) May develop an inspection
schedule on which the frequency of inspection for the items on the schedule
varies;
(ii) Shall base the
frequency of inspection on the rate of possible deterioration of the equipment
and the probability of an environmental or human health incident if the
deterioration or malfunction or any operator error goes undetected between
inspections;
(iii) Shall inspect
areas subject to spills, such as loading and unloading areas, daily when in
use; and
(iv) Shall include in the
inspection schedule, at a minimum, the items and frequencies called for in
Regulations .09E, .10D, .10-4G, .11F, .12E, .13D, .14C, .16I, and .16-1C of
this chapter.
(3) The owner or operator shall remedy any
deterioration or malfunction of equipment or structures which the inspection
reveals on a schedule which ensures that the problem does not lead to an
environmental or human health hazard. When a hazard is imminent or has already
occurred, remedial action shall be taken immediately.
(4) The owner or operator shall record
inspections in an inspection log or summary. He shall keep these records for at
least 3 years from the date of inspection. At a minimum, these records shall
include the date and time of the inspection, the name of the inspector, a
notation of the observations made, and the date and nature of any repairs or
other remedial actions.
G. Personnel Training.
(1) Program of Instruction or Training.
(a) Facility personnel shall successfully
complete a program of classroom instruction or on-the-job training that teaches
them to perform their duties in a way that ensures the facility's compliance
with the requirements of this chapter. The owner or operator shall ensure that
this program includes all the elements described in the document required under
§G(4)(c), of this regulation.
(b) This program shall be directed by a
person trained in hazardous waste management procedures, and shall include
instruction which teaches facility personnel hazardous waste management
procedures (including contingency plan implementation) relevant to the
positions in which they are employed.
(c) At a minimum the training program shall
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including, when applicable:
(i) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
cutoff systems;
(iii)
Communications or alarm systems;
(iv) Response to fires or
explosions;
(v) Response to ground
water contamination incidents; and
(vi) Shutdown of operations.
(2) Facility personnel
shall successfully complete the program required in §G(1), of this
regulation, within 6 months after the effective date of these regulations or 6
months after the date of their employment or assignment to a facility, or to a
new position at a facility, whichever is later. Employees hired after the
effective date of these regulations may not work in unsupervised positions
until they have completed the training requirements of §G(1), of this
regulation.
(3) Facility personnel
shall take part in an annual review of the initial training required in
§G(1), of this regulation.
(4)
The owner or operator shall maintain the following documents and records at the
facility:
(a) The job title for each position
at the facility related to hazardous waste management, and the name of the
employee filling each job.
(b) A
written job description for each position listed under §G(4)(a), of this
regulation. This description may be consistent in its degree of specificity
with descriptions for other similar positions in the same company location or
bargaining unit, but shall include the requisite skill, education, or other
qualifications, and duties of employees assigned to each position.
(c) A written description of the type and
amount of both introductory and continuing training that will be given to each
person filling a position listed under §G(4)(a), of this
regulation.
(d) Records that
document that the training or job experience required under §G(1), (2),
and (3) of this regulation, has been given to, and completed by, facility
personnel.
(5) Training
records on current personnel shall be kept until closure of the facility.
Training records on former employees shall be kept for at least 3 years from
the date the employee last worked at the facility. Personnel training records
may accompany personnel transferred within the same company.
H. General Requirements for
Ignitable, Reactive, or Incompatible Wastes.
(1) The owner or operator shall take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste shall be separated and protected from the sources of ignition
or reaction including, but not limited to open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electric, or
mechanical), spontaneous ignition (for example, from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator shall confine smoking and open flame to
specially designated locations. "No smoking" signs shall be conspicuously
placed wherever there is a hazard from ignitable or reactive waste.
(2) When specifically required by this
subtitle, the treatment, storage, or disposal of ignitable or reactive waste,
and the mixture or commingling of incompatible wastes, or incompatible wastes
and materials, shall be conducted so that it does not:
(a) Generate extreme heat or pressure, fire
or explosion, or violent reaction;
(b) Produce uncontrolled toxic mists, fumes,
dusts, or gasses in sufficient quantities to threaten human health or the
environment;
(c) Produce
uncontrolled flammable fumes or gasses in sufficient quantities to pose a risk
of fire or explosions;
(d) Damage
the structural integrity of the device or facility containing the waste;
or
(e) Through other like means
threaten human health or the environment.
(3) When required to comply with §H(1)
or (2), of this regulation, the owner or operator shall document that
compliance. This documentation may be based on references to published
scientific or engineering literature, data from trial tests (for example, bench
scale or pilot scale tests), waste analysis according to §D of this
regulation, or the results of the treatment of similar wastes by similar
treatment processes and under similar operating conditions.
I. Aisle Space.
(1) The facility owner or operator shall
provide sufficient aisle space to allow for:
(a) Inspections by the Department;
(b) Inspections under §F of this
regulation; and
(c) Compliance with
Regulation .03F of this regulation.
(2) At a minimum, the aisle space shall be no
less than 2 feet in width.
J. Transportation Certification.
(1) Unless §J(2), of this regulation,
applies, a facility shall only accept CHS from a certified hauler who has the
following:
(a) The CHS hauler
certification;
(b) His or her CHS
driver certification; and
(c) The
vehicle certification.
(2) A facility shall only accept CHS from a
hauler without a certification upon approval from the Department.
Notes
Regulations .02 amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .02D, F amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .02I, J adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .02D amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .02F amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)
Regulation .02C amended effective November 1, 2002 (29:21 Md. R. 1647); amended effective 49:1 Md. R. 14, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.