Md. Code Regs. 26.13.05.13 - Land Treatment
A.
Applicability. This regulation applies to owners and operators of facilities
that treat or dispose of hazardous waste in land treatment units, except as
Regulation .01 of this chapter provides otherwise.
B. Treatment Program.
(1) An owner or operator subject to this
regulation shall establish a land treatment program that is designed to ensure
that hazardous constituents placed in or on the treatment zone are degraded,
transformed, or immobilized within the treatment zone. The Secretary will
specify in the facility permit the elements of the treatment program,
including:
(a) The wastes that are capable of
being treated at the unit based on a demonstration under §C of this
regulation;
(b) Design measures and
operating practices necessary to maximize the success of degradation,
transformation, and immobilization processes in the treatment zone in
accordance with §D(1) of this regulation; and
(c) Unsaturated zone monitoring provisions
meeting the requirements of §I of this regulation.
(2) The Secretary will specify in the
facility permit the hazardous constituents that shall be degraded, transformed,
or immobilized under this regulation. Hazardous constituents are constituents
identified in COMAR
26.13.02.24 that are reasonably
expected to be in, or derived from, waste placed in or on the treatment
zone.
(3) The Secretary will
specify the vertical and horizontal dimensions of the treatment zone in the
facility permit. The treatment zone is the portion of the unsaturated zone
below and including the land surface in which the owner or operator intends to
maintain the conditions necessary for effective degradation, transformation, or
immobilization of hazardous constituents. The maximum depth of the treatment
zone shall be:
(a) Not more than 1.5 meters
(5 feet) from the initial soil surface; and
(b) More than 1 meter (3 feet) above the
seasonal high water table.
C. Treatment Demonstration.
(1) For each waste that will be applied to
the treatment zone, the owner or operator shall demonstrate, before application
of the waste, that hazardous constituents in the waste can be completely
degraded, transformed, or immobilized in the treatment zone.
(2) In making this demonstration, the owner
or operator may use field tests, laboratory analyses, available data, or, in
the case of existing units, operating data. If the owner or operator intends to
conduct field tests or laboratory analyses in order to make the demonstration
required under §C(1), of this regulation, he shall obtain a treatment or
disposal permit under COMAR 26.13.07.02 -.19. The Secretary will specify in
this permit the testing, analytical, design, and operating requirements
(including the duration of the tests and analyses, and, in the case of field
tests, the horizontal and vertical dimensions of the treatment zone, monitoring
procedures, closure and clean-up activities) necessary to meet the requirements
in §C(3) of this regulation.
(3)
Any field test or laboratory analysis conducted in order to make a
demonstration under §C(1) of this regulation shall:
(a) Accurately simulate the characteristics
and operating conditions for the proposed land treatment unit including the:
(i) Characteristics of the waste (including
the presence of constituents in COMAR
26.13.02.24);
(ii) Climate in the area;
(iii) Topography of the surrounding
area;
(iv) Characteristics of the
soil in the treatment zone (including depth); and
(v) Operating practices to be used at the
unit;
(b) Be likely to
show that hazardous constituents in the waste to be tested will be completely
degraded, transformed, or immobilized in the treatment zone of the proposed
land treatment unit; and
(c) Be
conducted in a manner that protects human health and the environment
considering:
(i) The characteristics of the
waste to be tested;
(ii) The
operating and monitoring measures taken during the course of the
test;
(iii) The duration of the
test;
(iv) The volume of waste used
in the test;
(v) In the case of
field tests, the potential for migration of hazardous constituents to ground
water or surface water.
D. Design and Operating Requirements.
(1) The Secretary will specify in the
facility permit how the owner or operator will design, construct, operate, and
maintain the land treatment unit in compliance with this section.
(2) The owner and operator shall design,
construct, operate, and maintain the unit to maximize the degradation,
transformation, and immobilization of hazardous constituents in the treatment
zone. The owner or operator shall design, construct, operate, and maintain the
unit in accord with all design and operating conditions that were used in the
treatment demonstration under §C of this regulation. At a minimum, the
Secretary will specify the following in the facility permit:
(a) The rate and method of waste application
to the treatment zone;
(b) Measures
to control soil pH;
(c) Measures to
enhance microbial or chemical reactions (for example, fertilization, tilling);
and
(d) Measures to control the
moisture content of the treatment zone.
(3) The owner or operator shall design,
construct, operate, and maintain the treatment zone to minimize run-off of
hazardous constituents during the active life of the land treatment
unit.
(4) The owner or operator
shall design, construct, operate, and maintain a run-on control system capable
of preventing flow onto the treatment zone 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 the design capacity of the
system.
(7) If the treatment zone
contains particulate matter which may be subject to wind dispersal, the owner
or operator shall manage the unit to control wind dispersal.
(8) The owner or operator shall inspect the
unit weekly and after storms to detect evidence of:
(a) Deterioration, malfunctions, or improper
operation of run-on and run-off control systems; and
(b) Improper functioning of wind dispersal
control measures.
E.-F. Reserved.
G. Food-Chain Crops.
(1) The Secretary may allow the growth of
food-chain crops in or on the treatment zone only if the owner or operator
satisfies the condition of this section. The Secretary will specify in the
facility permit the specific food-chain crops which may be grown.
(2) The owner or operator shall demonstrate
that there is no substantial risk to human health caused by the growth of these
crops in or on the treatment zone by demonstrating, before the planting of the
crops, that hazardous constituents other than cadmium will not:
(a) Be transferred to the food or feed
portions of the crop by plant uptake or direct contact, and will not otherwise
be ingested by food-chain animals (for example, by grazing); or
(b) Occur in greater concentrations in or on
the food or feed portions of crops grown on the treatment zone than in or on
identical portions of the same crops grown on untreated soils under similar
conditions in the same region.
(3) The owner or operator shall make the
demonstration required under §G(2) of this regulation before the planting of
crops at the facility for all constituents identified in COMAR
26.13.02.24 that are reasonably
expected to be in, or derived from, waste placed in or on the treatment
zone.
(4) In making a demonstration
under §G(2), of this regulation, the owner or operator may use field tests,
greenhouse studies available data, or, in the case of existing units, operating
data, and shall:
(a) Base the demonstration on
conditions similar to those present in the treatment zone, including soil
characteristics (for example, pH, cation exchange capacity), specific wastes,
application rates, application methods, and crops to be grown; and
(b) Describe the procedures used in
conducting any tests, including the sample selection criteria, sample size,
analytical methods, and statistical procedures.
(5) If the owner or operator intends to
conduct field tests or greenhouse studies in order to make the demonstration
required under §G(2), of this regulation, he shall obtain a permit for
conducting these activities.
(6)
The owner or operator shall comply with the following conditions if cadmium is
contained in wastes applied to the treatment zone:
(a) The pH of the waste and soil mixture
shall be 6.5 or greater at the time of each waste application, except for waste
containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(b) The annual application of cadmium from
waste may not exceed 0.5 kilograms per hectare (kg/ha) on land used for
production of tobacco, leafy vegetables, or root crops grown for human
consumption; for other food-chain crops, the annual cadmium application rate
may not exceed:
Time Period | Annual Cd Application Rate (kg/ha) |
Present to June 30, 1984 | 2.0 |
July 1, 1984 to § 31, 1986 | 1.25 |
Beginning Jan. 1, 1987 | 0.5 |
(c)
The cumulative application of cadmium from waste may not exceed 5 kg/ha if the
waste and soil mixture has a pH of less than 6.5; and
(d) If the waste and soil mixture has a pH of
6.5 or greater or is maintained at a pH of 6.5 or greater during crop growth,
the cumulative application of cadmium from waste may not exceed:
(i) 5 kg/ha if soil cation exchange capacity
(CEC) is less than 5 meg/100g;
(ii)
10 kg/ha if soil CEC is 5-15 meg/100g; and
(iii) 20 kg/ha if soil CEC is greater than 15
meg/100g; or
(e) Animal
feed shall be the only food-chain crop produced:
(i) The pH of the waste and soil mixture
shall be 6.5 or greater at the time of waste application or at the time the
crop is planted, whichever occurs later, and this pH level shall be maintained
whenever food-chain crops are grown.
(ii) There shall be an operating plan which
demonstrates how the animal feed will be distributed to preclude ingestion by
humans. The operating plan shall describe the measures to be taken to safeguard
against possible health hazards from cadmium entering the food-chain, which may
result from alternative land uses.
(iii) Future property owners shall be
notified by a stipulation in the land record or property deed which states that
the property has received waste at high cadmium application rates and that
food-chain crops may not be grown except in compliance with §G(5)(e) of this
regulation.
H. Reserved.
I. Unsaturated Zone Monitoring. An owner or
operator subject to this regulation shall establish an unsaturated zone
monitoring program to discharge the following responsibilities:
(1) Monitoring.
(a) The owner or operator shall monitor the
soil and soil-pore liquid to determine whether hazardous constituents migrate
out of the treatment zone.
(b) The
Secretary will specify the hazardous constituents to be monitored in the
facility permit. The hazardous constituents to be monitored are those specified
under §B(2) of this regulation.
(c)
The Secretary may require monitoring for principal hazardous constituents
(PHCs) instead of the constituents specified under §B(2) of this regulation.
PHCs are hazardous constituents contained in the wastes to be applied at the
unit that are the most difficult to treat, considering the combined effects of
degradation, transformation, and immobilization. The Secretary will establish
PHCs if he finds, based on waste analyses, treatment demonstrations, or other
data, that effective degradation, transformation, or immobilization of the PHCs
will assure treatment at, at least, equivalent levels for the other hazardous
constituents in the wastes.
(2) Installation of System. The owner or
operator shall install an unsaturated zone monitoring system that includes soil
monitoring using soil cores and soil-pore liquid monitoring using devices such
as lysimeters. The unsaturated zone monitoring system shall consist of a
sufficient number of sampling points at appropriate locations and depths to
yield samples that:
(a) Represent the quality
of background soil-pore liquid quality and the chemical make-up of soil that
has not been affected by leakage from the treatment zone; and
(b) Indicate the quality of soil-pore liquid
and the chemical make-up of the soil below the treatment zone.
(3) Establishment of Background
Value.
(a) The owner or operator shall
establish a background value for each hazardous constituent to be monitored
under §I(1) of this regulation. The permit will specify the background values
for each constituent or specify the procedures to be used to calculate the
background values.
(b) Background
soil values may be based on a one-time sampling at a background plot having
characteristics similar to those of the treatment zone.
(c) Background soil-pore liquid values shall
be based on at least quarterly sampling for 1 year at a background plot having
characteristics similar to those of the treatment zone.
(d) The owner or operator shall express all
background values in a form necessary for the determination of statistically
significant increases under §I(6).
(e) In taking samples used in the
determination of all background values, the owner or operator shall use an
unsaturated zone monitoring system that complies with §I(2)(a) of this
regulation.
(4) The owner
or operator shall conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The Secretary will specify the frequency
and timing of soil and soil-pore liquid monitoring in the facility permit after
considering the frequency, timing, and rate of waste application, and the soil
permeability. The owner or operator shall express the results of soil and
soil-pore liquid monitoring in a form necessary for the determination of
statistically significant increases under §I(6).
(5) The owner or operator shall use
consistent sampling and analysis procedures that are designed to ensure
sampling results that provide a reliable indication of soil-pore liquid quality
and the chemical make-up of the soil below the treatment zone. At a minimum,
the owner or operator shall implement procedures and techniques for:
(a) Sample collection;
(b) Sample preservation and
shipment;
(c) Analytical
procedures; and
(d) Chain of
custody control.
(6)
Background Values.
(a) The owner or operator
shall determine whether there is a statistically significant change over
background values for any hazardous constituent to be monitored under §I(1) of
this regulation, below the treatment zone each time he conducts soil monitoring
and soil-pore liquid monitoring under §I(4) of this regulation.
(b) In determining whether a statistically
significant increase has occurred, the owner or operator shall compare the
value of each constituent, as determined under §I(4), of this regulation, to
the background value for that constituent according to the statistical
procedure specified in the facility permit under this paragraph.
(c) The owner or operator shall determine
whether there has been a statistically significant increase below the treatment
zone within a reasonable time period after completion of sampling. The
Secretary will specify that time period in the facility permit after
considering the complexity of the statistical test and the availability of
laboratory facilities to perform the analysis of soil and soil-pore liquid
samples.
(d) The owner or operator
shall determine whether there is a statistically significant increase below the
treatment zone using a statistical procedure that provides reasonable
confidence that migration from the treatment zone will be identified. The
Secretary will specify a statistical procedure in the facility permit that he
finds:
(i) Is appropriate for the
distribution of the data used to establish background values; and
(ii) Provides a reasonable balance between
the probability of falsely identifying migration from the treatment zone and
the probability of failing to identify real migration from the treatment
zone.
(7) If
the owner or operator determines, pursuant to §I(6), of this regulation, that
there is a statistically significant increase of hazardous constituents below
the treatment zone, he shall:
(a) Notify the
Secretary of this finding in writing within 7 days. The notification shall
indicate what constituents have shown statistically significant
increases.
(b) Within 90 days,
submit to the Secretary an application for a permit modification to modify the
operating practices at the facility in order to maximize the success of
degradation, transformation, or immobilization processes in the treatment
zone.
(8) If the owner or
operator determines, pursuant to §I(6), that there is a statistically
significant increase of hazardous constituents below the treatment zone, he may
demonstrate that a source other than regulated units caused the increase or
that the increase resulted from an error in sampling, analysis, or evaluation.
While the owner or operator may make a demonstration under this subsection in
addition to, or instead of, submitting a permit modification application under
§I(7)(b), of this regulation, he is not relieved of the requirement to submit a
permit modification application within the time specified in §I(7)(b) unless
the demonstration made under this subsection successfully shows that a source
other than the regulated units caused the increase or that the increase
resulted from an error in sampling, analysis, or evaluation. In making a
demonstration under this subsection, the owner or operator shall:
(a) Notify the Secretary in writing within 7
days of determining a statistically significant increase below the treatment
zone that he intends to make a determination under this subsection;
(b) Within 90 days, submit a report to the
Secretary demonstrating that a source other than the regulated units caused the
increase or that the increase resulted from error in sampling, analysis, or
evaluation;
(c) Within 90 days,
submit to the Secretary an application for a permit modification to make any
appropriate changes to the unsaturated zone monitoring program at the facility;
and
(d) Continue to monitor in
accord with the unsaturated zone monitoring program established under this
section.
J.
Recordkeeping. The owner or operator shall include hazardous waste application
dates and rates in the operating record required under Regulation .05D of this
chapter.
K. Closure and
Post-Closure Care.
(1) During the closure
period the owner or operator shall:
(a)
Continue all operations (including pH control) necessary to maximize
degradation, transformation, or immobilization of hazardous constituents within
the treatment zone as required under §D(1), of this regulation, except to the
extent these measures are inconsistent with §K(1)(h) of this
regulation;
(b) Continue all
operations in the treatment zone to minimize run-off of hazardous constituents
as required under §D(2) of this regulation;
(c) Maintain the run-on control system
required under §D(3) of this regulation;
(d) Maintain the run-off management system
required under §D(4) of this regulation;
(e) Control wind dispersal of hazardous waste
required under §D(6) of this regulation;
(f) Continue to comply with any prohibition
or conditions concerning growth of food-chain crops under §G of this
regulation;
(g) Continue
unsaturated zone monitoring in compliance with §I, of this regulation, except
that soil-pore liquid monitoring may be terminated 90 days after the last
application of waste to the treatment zone; and
(h) Establish a vegetative cover on the
portion of the facility being closed at such time that the cover does not
substantially impede degradation, transformation, or immobilization of
hazardous constituents in the treatment zone. The vegetative cover shall be
capable of maintaining growth without extensive maintenance.
(2) For the purpose of complying
with Regulation .07F, when closure is completed the owner or operator may
submit to the Secretary certification by an independent qualified soil
scientist, instead of an independent registered professional engineer, that the
facility has been closed in accordance with the specifications in the approved
closure plan.
(3) During the
post-closure care period the owner or operator shall:
(a) Continue all operations, including pH
control, necessary to enhance degradation and transformation and sustain
immobilization of hazardous constituents in the treatment zone to the extent
that these measures are consistent with other post-closure care
activities;
(b) Maintain a
vegetative cover over closed portions of the facility;
(c) Maintain the run-on control system
required under §D(3) of this regulation;
(d) Maintain the run-off management system
required under §D(4) of this regulation;
(e) Control wind dispersal of hazardous waste
if required under §D(6) of this regulation;
(f) Continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under §G of this
regulation; and
(g) Continue
unsaturated zone monitoring in compliance with §I of this regulation, except
that soil-pore liquid monitoring may be terminated 90 days after the last
application of waste to the treatment zone.
(4) The owner or operator is not subject to
regulation under §K(1)(h) and (3) of this regulation, if the Secretary finds
that the level of hazardous constituents in the treatment zone soil does not
exceed the background value of those constituents by an amount that is
statistically significant when using the test specified in §K(4)(c) of this
regulation. The owner or operator may submit a demonstration to the Secretary
at any time during the closure or post-closure periods. For the purposes of
this subsection:
(a) The owner or operator
shall establish background soil values and determine whether there is a
statistically significant increase over those values for all hazardous
constituents specified in the facility permit under §B(2). This includes the
following:
(i) Background soil values may be
based on a one-time sampling of a background plot having characteristics
similar to those of the treatment zone;
(ii) The owner or operator shall express
background values and values for hazardous constituents in the treatment zone
in a form necessary for the determination of statistically significant
increases under §K(4)(c) of this regulation.
(b) In taking samples used in the
determination of background and treatment zone values, the owner or operator
shall take samples at a sufficient number of sampling points and at appropriate
locations and depths to yield samples that represent the chemical make-up of
soil that has not been affected by leakage from the treatment zone and the soil
within the treatment zone, respectively.
(c) In determining whether a statistically
significant increase has occurred, the owner or operator shall compare the
value of each constituent in the treatment zone to the background value for
that constituent using a statistical procedure that provides reasonable
confidence that constituent presence in the treatment zone will be identified.
The owner or operator shall use a statistical procedure that:
(i) Is appropriate for the distribution of
the data used to establish background values; and
(ii) Provides a reasonable balance between
the probability of falsely identifying hazardous constituent presence in the
treatment zone and the probability of failing to identify real presence in the
treatment zone.
(5) The owner or operator is not subject to
regulation under Regulations .06-.06-7 of this chapter if the Secretary finds
that the owner or operator satisfied §K(4) of this regulation and if
unsaturated zone monitoring under §I of this regulation indicates that
hazardous constituents have not migrated beyond the treatment zone during the
active life of the land treatment unit.
L. Special Requirements for Ignitable or
Reactive Waste. The owner or operator may not apply ignitable or reactive waste
to the treatment zone unless the waste and the treatment zone meet all
applicable requirements of 40 CFR Part 268, and the waste is:
(1) Immediately incorporated into the soil so
that:
(a) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under COMAR
26.13.02.11 or .13, and
(b) Regulation .02H(2) of this chapter is
complied with; or
(2)
Managed in such a way that it is protected from any material or conditions
which may cause it to ignite or react.
M. Special Requirements for Incompatible
Wastes. The owner or operator may not place incompatible wastes, or
incompatible wastes and materials (see Regulation .24, of this chapter, for
examples), in or on the same treatment zone, unless Regulation .02H(2) of this
regulation is complied with.
N.
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027.
(1) Hazardous Wastes F020, F021, F022,
F023, F026, and F027 may not be placed in a land treatment unit unless the
owner or operator operates the facility 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
land treatment facilities 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 .13, amended, effective February 13, 1984 (11:3 Md. R. 202)
Regulation .13N adopted effective April 18, 1988 (15:8 Md. R. 1009); 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.