Md. Code Regs. 26.13.05.12 - Waste Piles
A.
Applicability.
(1) This regulation applies to
owners and operators of facilities that store or treat hazardous waste in
piles, except as Regulation .01 of this chapter provides otherwise.
(2) The owner or operator of any waste pile
that is inside or under a structure that provides protection from precipitation
so that neither run-off nor leachate is generated is not subject to regulation
under §§B and D of this regulation and Regulations .06-.06-7 of this
chapter, if:
(a) Liquids or materials
containing free liquids are not placed in the pile;
(b) The pile is protected from surface water
run-on by the structure or in some other manner;
(c) The pile is designed and operated to
control dispersal of the waste by wind, when necessary, by means other than
wetting; and
(d) The pile does not
generate leachate through decomposition or other reactions.
B. Design and Operating
Requirements.
(1) A waste pile except for an
existing portion of a waste pile, shall have:
(a) A liner that is designed, constructed,
and installed to prevent any migration of wastes out of the pile into the
adjacent subsurface soil or ground water or surface water at any time during
the active life (including the closure period) of the waste pile. The liner may
be constructed of materials that may allow waste to migrate into the liner
itself (but not into the adjacent subsurface soil or ground water or surface
water) during the active life of the facility. The liner shall be:
(i) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation;
(ii)
Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure
of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
earth likely to be in contact with the waste or leachate.
(b) A leachate collection and removal system
immediately above the liner that is designed, constructed, maintained, and
operated to collect and remove leachate from the pile. The Secretary will
specify design and operating conditions in the permit to ensure that the
leachate depth over the liner does not exceed 30 cm (1 foot). The leachate
collection and removal system shall be:
(i)
Constructed of materials that are chemically resistant to the waste managed in
the pile and the leachate expected to be generated, and of sufficient strength
and thickness to prevent collapse under pressures exerted by overlaying wastes,
waste cover materials, and by any equipment used at the pile; and
(ii) Designed and operated to function
without clogging through the scheduled closure of the waste pile.
(c) A containment system which
complies with §D of this regulation.
(2) The owner or operator will be exempted
from the requirements of §B(1) if the Secretary finds, based on a
demonstration by the owner or operator, that alternate design and operating
practices together with location characteristics, will prevent the migration of
any hazardous constituents (see Regulation .06-1B of this chapter) into the
ground water or surface water at any future time. In deciding whether to grant
an exemption, the Secretary shall consider:
(a) The nature and quantity of the
wastes;
(b) The proposed alternate
design and operation;
(c) The
hydrogeologic setting of the facility, including attenuative capacity and
thickness of the liners and soils present between the pile and ground water or
surface water; and
(d) All other
factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
(3) The owner or operator shall:
(a) Install two or more liners and a leachate
collection and removal system above and between these liners for each:
(i) New waste pile unit;
(ii) Lateral expansion of a waste pile unit;
and
(iii) Replacement of an
existing waste pile unit; and
(b) Ensure that the liners and leachate
collection and removal system meet the requirements of §D of this
regulation.
(4) The owner
or operator shall design, construct, operate, and maintain a run-on control
system capable of preventing flow onto the active portion of the pile during
peak discharge from at least a 25-year storm.
(5) The owner or operator shall design,
construct, operate, and maintain a run-off management system to collect and
control at least the water volume resulting from a 24-hour, 25-year
storm.
(6) Collection and holding
facilities (for example, tanks or basins) associated with run-on and run-off
control systems shall be emptied or otherwise managed expeditiously after
storms to maintain design capacity of the system.
(7) If the pile contains any particulate
matter which may be subject to wind dispersal, the owner or operator shall
cover or otherwise manage the pile to control wind dispersal.
(8) The Secretary shall specify in the
permit all design and operating practices that are necessary to ensure that the
requirements of this section are satisfied.
C. Waste Analysis. In addition to the waste
analysis required by Regulation .02D, of this chapter, the owner or operator
shall analyze a representative sample of waste from each incoming movement
before adding the waste to any existing pile, unless the only wastes the
facility receives which are amenable to piling are compatible with each other,
or the waste received is compatible with the waste in the pile to which it is
to be added. This analysis conducted shall be capable of differentiating
between the types of hazardous waste the owner or operator places in piles, so
that mixing of incompatible waste does not inadvertently occur. The analysis
shall include a visual comparison of color and texture.
D. Containment Systems.
(1) Except as provided in §D(2) and (3)
of this regulation, the owner or operator shall ensure that a waste pile
subject to this regulation includes a containment system that:
(a) Incorporates two or more liners and a
leachate collection and removal system above and between the liners, with the
leachate collection and removal system also serving as a leak detection system;
and
(b) Is designed, constructed,
and operated in accordance with the requirements of
40 CFR §
264.251(c)(1)-(5), except
that, in meeting these requirements, the owner or operator shall substitute
"Secretary" for "Regional Administrator".
(2) The Secretary may approve alternative
designs and operating practices to those specified in §D(1) of this
regulation if the owner or operator demonstrates to the Secretary that the
proposed designs and operating practices, together with location
characteristics, will:
(a) Prevent the
migration of any hazardous constituent into the ground water or surface water
at least as effectively as the liners and leachate collection and removal
systems specified in §D(1) of this regulation; and
(b) Allow detection of leaks of hazardous
constituents through the top liner at least as effectively as the design and
operating practices specified in §D(1) of this
regulation.
(3) The
requirements of §D(1)(a) of this regulation do not apply to a monofil that
has been granted a waiver by the Secretary in accordance with Regulation
.11D(6) of this chapter.
D-1. Action Leakage Rate.
(1) This section establishes requirements
concerning the maximum design flow rate that the leak detection system required
by §D(1)(a) of this regulation can remove without the fluid head on the
bottom liner exceeding 1 foot.
(2)
For the purposes of this section, "action leakage rate" means the maximum
design flow rate described in §D-1(1) of this regulation.
(3) The owner or operator shall provide the
Department with the information that the Department considers necessary for the
specification of a valid action leakage rate that incorporates an adequate
margin of safety to allow for uncertainties, as specified in §D-1(4) of
this regulation.
(4) For a waste
pile subject to §D(1) of this regulation, the Department shall specify an
action leakage rate that:
(a) Includes an
adequate safety margin, considering:
(i)
Uncertainties in the design, construction, operation, and location of the leak
detection system;
(ii) The
characteristics of the waste and leachate;
(iii) The likelihood that other sources may
contribute to liquids in the leak detection system, and the amounts of these
liquids; and
(iv) Proposed response
actions; and
(b) If
exceeded, obligates the owner or operator to respond as specified in §D-2
of this regulation.
(5)
To determine if the action leakage rate has been exceeded, the owner or
operator shall:
(a) Convert the weekly flow
rate from the monitoring data obtained in accordance with §E(3) of this
regulation to an average daily flow rate in gallons per acre per day for each
sump; and
(b) Unless the Department
approves a different calculation, calculate the average daily flow rate for
each sump on a weekly basis during the active life and closure period for the
unit.
D-2.
Response Action Plan.
(1) Before managing
hazardous waste in a waste pile that is subject to §D(1) or (2) of this
regulation, the owner or operator shall:
(a)
Develop a response action plan that meets the requirements of §D-2(2) of
this regulation; and
(b) Obtain the
approval of the Department for the response action plan.
(2) The owner or operator shall ensure that
the response action plan:
(a) At a minimum
describes the actions specified in
40 CFR §
264.253(b), except that, in
complying with 40 CFR §
264.253(b), the owner or
operator shall substitute "Department" for "Regional Administrator";
and
(b) Incorporates the procedures
specified in 40 CFR §
264.253(c).
(3) If the action leakage rate specified
under §D-2 of this regulation is exceeded, then the owner or operator
shall respond as specified in the approved response action plan.
E. Inspections and Testing.
(1) Except in the case of an existing portion
of a waste pile exempt from the requirements of §B(1) of this regulation,
the owner or operator shall, during construction and immediately after
installation, inspect:
(a) Liner systems and
covers for uniformity, damage, and imperfections such as holes, cracks, thin
spots, and foreign materials;
(b)
Manufactured liner materials and covers, such as membranes, sheets, and
coatings, to ensure tight seams and joints and the absence of tears or
blisters; and
(c) Soil-based and
admixed liners and covers for imperfections including lenses, cracks, channels,
root holes, or other structural non-uniformities that may cause an increase in
the permeability of the liner or cover.
(2) While a waste pile is in operation, the owner or
operator shall inspect the pile weekly and after storms to detect evidence of
any of the following:
(a) Deterioration,
malfunctions, or improper operation of run-on and run-off control
systems;
(b) The presence of
liquids in leak detection systems, if installed;
(c) Proper functioning of wind dispersal
control systems, if present; and
(d) The presence of leachate in and proper
functioning of leachate collection and removal systems, if present.
(3) For a waste pile required to
have a leak detection system under §D(1) of this regulation, the owner or
operator shall record the amount of liquid removed from each leak detection
sump at least once each week during the active life and closure period of the
waste pile.
F.
Containment System Repairs, Contingency Plans.
(1) Whenever there is an indication of a
possible failure of the containment system, the system shall be inspected in
accordance with the provisions of the containment system evaluation and repair
plan required by §F(4) of this regulation. Indications of possible failure
of the containment system include liquid detected in the leachate detection
system (when applicable), evidence of leakage or the potential for leakage in
the base, erosion of the base, or apparent or potential deterioration of the
liner and liners based on observation or test samples of the liner
materials.
(2) Whenever there is a
positive indication of a failure of the containment system, the waste pile
shall be removed from service. Indications of positive failure of containment
system include waste detected in the leachate detection system (when
applicable), or a breach (for example, a hole, tear, crack, or separation) in
the base.
(3) If the waste pile
must be removed from service as required by §F(2), of this regulation, the
owner or operator shall:
(a) Immediately stop
adding wastes to the pile;
(b)
Immediately contain any leakage which has or is occurring;
(c) Immediately cause the leak to be stopped;
and
(d) If the leak cannot be
stopped by another means, remove the waste from the base.
(4) As a part of the contingency plan
required in Regulation .04, of this chapter, the owner or operator shall
specify:
(a) A procedure for complying with
the requirements of §F(3) of this regulation; and
(b) A containment system evaluation and
repair plan describing:
(i) Testing and
monitoring techniques;
(ii)
Procedures to be followed to evaluate the integrity of the containment system
in the event of a possible failure;
(iii) A schedule of actions to be taken in
the event of a possible failure; and
(iv) A description of the repair techniques
to be used in the event of leakage due to containment system failure or
deterioration which does not require the waste pile to be removed from
service.
(5) A
waste pile that has been removed from service in accordance with §F(2), of
this regulation, may not be restored to service unless the containment system
has been:
(a) Repaired; and
(b) Certified by a qualified engineer as
meeting the design specifications approved in the permit.
(6) A waste pile that has been removed from
service in accordance with §F(2), of this regulation, and that is not
being repaired shall be closed in accordance with §I, of this
regulation.
G. Special
Requirements for Ignitable or Reactive Waste. A person may not place ignitable
or reactive waste in a pile unless the waste and waste pile satisfy all
applicable requirements of 40 CFR Part 268, and:
(1) The waste is treated, rendered, or mixed
before or immediately after placement in the pile so that:
(a) The resulting waste, mixture, or
dissolution of materials no longer meets the definition of ignitable or
reactive waste under COMAR
26.13.02.11 and .13, and
(b) Regulation .02H of this chapter is
complied with; or
(2) The
waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
H. Special Requirements for Incompatible
Wastes.
(1) Incompatible wastes, or
incompatible wastes and materials, (see Regulation .24, of this chapter, for
examples) may not be placed in the same pile, unless Regulation .02H(2) is
complied with.
(2) A pile of
hazardous waste that is incompatible with any waste or other material stored
nearby in other containers, piles, open tanks, or surface impoundments shall be
separated from the other materials, or protected from them by means of a dike,
berm, wall, or other device.
(3)
Hazardous waste may not be piled on the same area where incompatible wastes or
materials were previously piled, unless the area has been decontaminated
sufficiently to ensure compliance with Regulation .02H(2) of this
chapter.
I. Closure and
Post-Closure Care.
(1) At closure, the owner
or operator shall remove or decontaminate all waste residues, contaminated
containment system components (liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them
as hazardous waste unless COMAR
26.13.02.03D
applies.
(2) If, after removing or
decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures,
and equipment as required in §I(1), of this regulation, the owner or
operator finds that not all contaminated subsoils can be practicably removed or
decontaminated, he shall close the facility and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to
landfills.
(3) The owner or
operator of a waste pile that does not comply with the liner requirements of
§B(1)(a), of this regulation, and is not exempt from them in accordance
with §A(2) or B(2), of this regulation, shall:
(a) Include in the closure plan for the pile
under Regulation .07C, of this chapter, both a plan for complying with
§I(1), of this regulation, and a contingency plan for complying with
§I(2), of this regulation, if not all contaminated subsoils can be
practicably removed at closure; and
(b) Prepare a contingency post-closure plan
under Regulation .07H, of this chapter, for complying with §I(2), of this
regulation, if not all contaminated subsoils can be practicably removed at
closure.
(4) The cost
estimates calculated under Regulation .08 for closure and post-closure care of
a pile subject to §I(3), of this regulation, shall include the cost of
complying with the contingent closure plan and the contingency post-closure
plan, but are not required to include the cost of expected closure under
§I(1), of this regulation.
J. Special Requirements for Hazardous Wastes
F020, F021, F022, F023, F026, and F027.
(1)
Hazardous Waste F020, F021, F022, F023, F026, and F027 may not be placed in
waste piles that are not enclosed as defined in §A(2), of this regulation,
unless the owner or operator operates the waste pile in accordance with a
management plan for these wastes that is approved by the Secretary under the
standards set out in this section, and in accord with all other applicable
requirements of this chapter. The factors to be considered are:
(a) The volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(b) The attenuative properties of underlying
and surrounding soils or other materials;
(c) The mobilizing properties of other
materials co-disposed with these wastes; and
(d) The effectiveness of additional
treatment, design, or monitoring techniques.
(2) The Secretary may determine that
additional design, operating, and monitoring requirements are necessary for
piles managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order
to reduce the possibility of migration of these wastes to ground water, surface
water, or air so as to protect human health and the environment.
Notes
Regulations .12A, B, D, D-1, E, G, amended, effective February 13, 1984 (11:3 Md. R. 202)
Regulations .12D-1 amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .12B, D-1 amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulations .12 amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .12D-1 amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .12H adopted effective April 18, 1988 (15:8 Md. R. 1009); amended effective 49:1 Md. R. 14, eff.
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