Md. Code Regs. 26.13.05.06 - Ground Water Protection - General
A. Applicability.
(1) Except as provided in §A(3) of this
regulation, Regulations .06-.06-7 of this chapter apply to owners or operators
of facilities that treat, store, or dispose of hazardous waste. The owner or
operator shall satisfy the requirements identified in §A(2) of this regulation
for all wastes or their constituents, contained in solid waste management units
at the facility, regardless of the time at which waste was placed in those
units.
(2) Owners or operators
shall ensure that:
(a) Solid waste management
units comply with the requirements of Regulation .06-7 of this
chapter;
(b) A surface impoundment,
waste pile, and land treatment unit or landfill that receives a hazardous waste
after July 26, 1982, referred to after this as a "regulated unit", complies
with the requirements of §B of this regulation and Regulations .06-1-.06-6 of
this chapter instead of Regulation .06-7 of this chapter for purposes of
detecting, characterizing, and responding to releases to the uppermost
aquifer;
(c) Regulated units are
operated in compliance with the financial responsibility requirements of
Regulation .06-7 of this chapter.
(3) The owner or operator's regulated unit or
units are not subject to regulation for releases into the uppermost aquifer
under this regulation if one of the following apply:
(a) The owner or operator is exempted under
Regulation .01 of this chapter.
(b)
The owner or operator operates a unit which the Secretary finds:
(i) Is an engineered structure;
(ii) Does not receive or contain liquid waste
or waste containing free liquids;
(iii) Is designed and operated to exclude
liquid, precipitation, and other run-on and run-off;
(iv) Has both inner and outer layers of
containment enclosing the waste;
(v) Has a leak detection system built into
each containment layer;
(vi) Will
have continuing operation and maintenance of these leak detection systems
during the active life of the unit and the closure and post-closure care
periods; and
(vii) To a reasonable
degree of certainty, does not allow hazardous constituents to migrate beyond
the outer containment layer before the end of the post-closure care
period.
(c) The
Secretary finds, under Regulation .13K of this chapter, that the treatment zone
of a land treatment unit that qualifies as a regulated unit does not contain
levels of hazardous constituents that are above background levels of those
constituents by an amount that is statistically significant, and if an
unsaturated zone monitoring program meeting the requirements of Regulation .13I
of this chapter has not shown a statistically significant increase in hazardous
constituents below the treatment zone during the operating life of the unit. An
exemption under this paragraph can only relieve an owner or operator of
responsibility to meet the requirements of this regulation during the
post-closure care period.
(d) The
owner or operator demonstrates to the Secretary's satisfaction that there is no
potential for migration of liquid from a regulated unit to the uppermost
aquifer during the active life of the regulated unit, including the closure
period, and the post-closure care specified under Regulation .07G of this
chapter. The owner or operator shall have this demonstration certified by a
qualified geologist or geotechnical engineer. In order to provide an adequate
margin of safety in the prediction of potential migration of liquid, the owner
or operator shall base any predictions made under this paragraph on assumptions
that maximize the rate of liquid migration.
(e) The owner or operator designs and
operates a waste pile in compliance with Regulation .12A of this
chapter.
(4)
Requirements for Disposal Units that Received Last Volume of Waste before July
26, 1982.
(a) An owner or operator of a
hazardous waste landfill, land treatment facility, surface impoundment, or
waste pile who received the last volume of hazardous waste before July 26,
1982, shall comply with all applicable requirements of COMAR
26.13.06.06 o -.15, and
.19-.22.
(b) The Department may add
additional requirements under this regulation if the Secretary determines that
these requirements are necessary to protect public health and the
environment.
(5) This
regulation and Regulations .06-1-.06-7 of this chapter may apply to
miscellaneous units when necessary to comply with Regulation .16-1B-D of this
chapter.
(6) This regulation and
Regulations .06-1-.06-7 of this chapter apply during the:
(a) Active life of the regulated unit,
including the closure period;
(b)
Post-closure care period under Regulation .07G of this chapter if the owner or
operator is conducting a detection monitoring program under Regulation .06-4 of
this chapter; and
(c) Compliance
period under Regulation .06-1E of this chapter if the owner or operator is
conducting a compliance monitoring program under Regulation .06-5 of this
chapter or a corrective action program under Regulation .06-6 of this
chapter.
(7) This
regulation and Regulations .06-1-.06-7 of this chapter do not apply if all
waste, waste residues, contaminated containment system components, and
contaminated subsoils are removed or decontaminated at closure.
B. Required Program.
(1) Compliance Monitoring, Corrective Action,
and Detection Monitoring.
(a) Compliance
Monitoring.
(i) The owner or operator shall
institute a compliance monitoring program approved by the Secretary under
Regulation .06-5 of this chapter whenever hazardous constituents from a
regulated unit are detected at the compliance point.
(ii) The hazardous constituents to which
§B(1)(a)(i) of this regulation applies are determined under Regulation .06-1B
of this chapter.
(iii) The
compliance point is set under Regulation .06-1D of this chapter.
(iv) Hazardous constituents are considered to
have been detected if there is statistically significant evidence of
contamination as described in Regulation .06-4G of this chapter.
(b) Corrective Action.
(i) The owner or operator shall institute a
corrective action program approved by the Secretary under Regulation .06-6 of
this chapter whenever the ground water protection standard under Regulation
.06-1A of this chapter is exceeded. The ground water protection standard is
considered to have been exceeded if there is statistically significant evidence
of contamination as described in Regulation .06-5A(5) of this
chapter.
(ii) The owner or operator
shall institute a corrective action program approved by the Secretary under
Regulation .06-6 of this chapter whenever hazardous constituents from a
regulated unit exceed concentration limits in ground water between the
compliance point and the down gradient property boundary. The compliance point
is set under Regulation .06-1D of this chapter. Concentration limits are
established under Regulation .06-1C of this chapter. The hazardous constituents
to which this requirement applies are established under Regulation .06-1B of
this chapter.
(c)
Detection Monitoring. In all cases other than those covered by §B(1)(a) or (b)
of this regulation, the owner or operator shall institute a detection
monitoring program approved by the Secretary under Regulation .06-4 of this
chapter.
(2) Monitoring
and Response Program.
(a) The owner or
operator of a facility subject to this regulation shall comply with the
specific elements of the monitoring and response program specified by the
Secretary in the facility permit.
(b) The Secretary may include one or more of
the programs identified in §B(1) of this regulation in the facility permit as
may be necessary to protect human health and the environment and will specify
the circumstances under which each of the programs will be required. In
deciding whether to require the owner or operator to be prepared to institute a
particular program, the Secretary shall consider the potential adverse effects
on human health and the environment that might occur before final
administrative action on a permit modification application to incorporate such
a program could be taken.
Notes
Regulations .06 amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .06A, I amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .06A amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .06L adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .06A amended effective April 1, 1991 (18:6 Md. R. 690)
Regulation .06K amended effective December 23, 1991 (18:25 Md. R. 2759)
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