Md. Code Regs. 26.13.07.02 - Application for a Permit
A. Any
person who is required to have a permit (including new applicants and
permittees with expiring permits) shall complete, sign and submit an
application to the Secretary as described in this section. Procedures for
application, issuance and administration of research, development, and
demonstration permits are found exclusively in Regulation .19.
B. When a facility or activity is owned by
one person but is operated by another person, it is the operator's duty to
obtain a permit. The owner shall also sign the permit application.
C. Completeness. The Secretary may not issue
a permit before receiving a complete application for a permit. An application
for a permit under a program is complete when the Secretary receives an
application form, and any supplemental information, which is completed to the
Secretary's satisfaction. An application may be deemed by the Secretary as
complete, notwithstanding the failure of the owner or operator to submit the
exposure information described in §D(37) of this regulation. The Secretary
shall judge the completeness of any application for a permit independently of
the status of any other permit application or permit for the same facility or
activity. The Secretary may deny a permit for the active life of a hazardous
waste management unit before receiving a complete application for a
permit.
C-1. Permit
Application-General Requirements.
(1) Persons
submitting a permit application to the Department under this regulation shall
submit a duplicate application at the same time to the Region 3 office of the
U.S. Environmental Protection Agency.
(2) Permit applicants shall assure that
permit applications they are submitting are signed in accordance with
§§A and B of this regulation and Regulation .03 of this
chapter.
D. Permit
Information. All applicants, using an application format acceptable to the
Department, shall provide the following information to the Secretary:
(1) The activities conducted by the applicant
which require it to obtain a permit.
(2) Name, mailing address, and location of
the facility for which the application is submitted.
(3) Up to four SIC codes which best reflect
the principal products or services provided by the facility.
(4) The operator's name, address, telephone
number, ownership status, and status as federal, State, private, public or
other entity.
(5) A listing of all
permits or construction approvals received or applied under any of the
following programs:
(a) Hazardous Waste
Management program under the Resource Conservation and Recovery Act;
(b) Underground Injection Control program
under the Safe Drinking Water Act;
(c) NPDES program under the Clean Water
Act;
(d) Prevention of Significant
Deterioration (PSD) program under the Clean Air Act;
(e) Nonattainment program under the Clean Air
Act;
(f) National Emission
Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the
Clean Air Act;
(g) Ocean dumping
permits under the Marine Protection Research and Sanctuaries Act;
(h) Dredge or fill permits under § 404
of the Clean Water Act;
(i) Other
relevant environmental permits, including State permits.
(6) A topographic map (or other map if a
topographic map is unavailable) extending 1 mile beyond the property boundaries
of the source, depicting the facility and:
(a)
Each of its intake and discharge structures;
(b) Each of its hazardous waste treatment,
storage, or disposal facilities;
(c) Each well where fluids from the facility
are injected underground; and
(d)
Those wells, springs, other surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within 1/4 mile of
the facility property boundary.
(7) A brief description of the nature of
business.
(8) The latitude and
longitude of the facility.
(9) The
name, address, and telephone number of the owner of the facility.
(10) An indication of whether the facility is
new or existing and whether it is a first or revised application.
(11) For existing facilities, a scale drawing
of the facility showing the location of all past, present, and future
treatment, storage, and disposal areas.
(12) For existing facilities, photographs of
the facility clearly delineating all:
(a)
Existing structures;
(b) Existing
treatment, storage, and disposal areas; and
(c) Sites of future treatment, storage, and
disposal areas.
(13) A
description of the processes to be used for treating, storing, and disposing of
hazardous waste, and the design capacity of these items.
(14) A specification of the hazardous wastes
listed or designated in COMAR 26.13.02 to be treated, stored, or disposed at
the facility, an estimate of the quantity of the wastes to be treated, stored,
or disposed of annually, and a general description of the processes to be used
for the wastes.
(15) A general
description of the facility.
(16)
Chemical and physical analyses of the hazardous wastes to be handled at the
facility. At a minimum, these analyses shall contain all the information which
must be known to treat, store, or dispose of the wastes in accordance with
COMAR 26.13.05.
(17) A copy of the
waste analysis plan required by COMAR
26.13.05.02 s D.
(18) A description of the security procedures
and equipment required by COMAR
26.13.05.02 s E.
(19) A copy of the general inspection
schedule required by COMAR
26.13.05.02 s F(2). Include, when
applicable, as part of the inspection schedule, specific requirements in COMAR
26.13.05.09 s E, .10D, .10-4G,
.11F, .12E, .13D, .14C, .16I, .16-1C.
(20) A justification of any request for a
waiver or waivers of the preparedness and prevention requirements of COMAR
26.13.05.03 s.
(21) A copy of the contingency plan required
by COMAR 26.13.05.04 s.
(22) A description of procedures, structures,
or equipment used at the facility to:
(a)
Prevent hazardous discharge in unloading operations (for example, ramps,
special forklifts);
(b) Prevent
runoff from hazardous waste handling areas to other areas of the facility or
environment, or to prevent flooding (for example, berms, dikes,
trenches);
(c) Prevent
contamination of water supplies;
(d) Mitigate effects of equipment failure and
power outages;
(e) Prevent undue
exposure of personnel to hazardous waste (for example, protective
clothing).
(23) Traffic
pattern, volume, and control (for example, show turns across traffic lanes, and
stacking lanes if appropriate, provide access road surfacing and load bearing
capacity, show traffic control signals, provide estimates of traffic volume
(number of types of vehicles)).
(24) A description of precautions to prevent
accidental ignition or reaction of ignitable, reactive, or incompatible wastes
as required to demonstrate compliance with COMAR
26.13.05.02 s H including
documentation demonstrating compliance with COMAR
26.13.05.02 s H(3).
(25) The political jurisdiction in which the
facility is proposed to be located.
(26) Flood Map.
(a) Owners and operators of all facilities
shall provide an identification of whether the facility is located within a
100-year flood plain. This identification shall indicate the source of data for
the determination and include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used, or the calculations and maps used if a
FIA map is not available. Information shall also be provided identifying the
100-year flood level and any other special flooding factors (for example, wave
action) which shall be considered in designing, constructing, operating, or
maintaining the facility to withstand washout from a 100-year flood.
(b) If maps for the National Flood Insurance
Program produced by the Federal Emergency Management Agency are available, they
will normally be determinative whether a facility is located within or outside
of the 100-year flood plain. However, if the FIA map excludes an area (usually
areas of the flood plain less than 200 feet in width), these areas shall be
considered and a determination made as to whether they are in the 100-year
flood plain.
(c) If FIA maps are
not available for a proposed facility location, the owner or operator shall use
equivalent mapping techniques to determine whether the facility is within the
100-year flood plain, and if so located, what the 100-year flood elevation
would be.
(27) Owners
and operators of facilities located in the 100-year flood plain shall provide
the following information:
(a) Engineering
analysis to indicate the various hydrodynamic and hydrostatic forces expected
to result at the site as a consequence of a 100-year flood.
(b) Structural or other engineering studies
showing the design of operational units (for example, tanks, incinerators) and
flood protection devices (for example, floodwalls, dikes) at the facility, and
how these will prevent washout.
(c)
If applicable, and instead of the information required by §D(27)(a) and
(b) of this regulation, a detailed description of procedures to be followed to
remove hazardous waste safely before the facility is flooded, including:
(i) The timing of movement relative to flood
levels, including estimated time to move the waste, to show that this movement
can be completed before flood waters reach the facility;
(ii) A description of the location or
locations to which the waste will be moved and a demonstration that those
facilities will be eligible to receive hazardous waste in accordance with COMAR
26.13.01-26.13.09;
(iii) The
planned procedures, equipment, and personnel to be used and the means to ensure
that the resources will be available in time for use; and
(iv) The potential for accidental discharges
of the waste during movement.
(d) For an existing facility not in
compliance with the requirements of COMAR
26.13.05.02 s -1B(2), a plan
showing how the facility will be brought into compliance and a schedule for
compliance.
(28) An
outline of both the introductory and continuing training programs by owners or
operators to prepare persons to operate or maintain the HWM facility in a safe
manner as required to demonstrate compliance with COMAR
26.13.05.02 s G. A brief
description of how training will be designed to meet actual job tasks in
accordance with requirements in COMAR
26.13.05.02 s G(1)(c).
(29) A copy of the closure plan and, when
applicable, the post-closure plan required by COMAR
26.13.05.07 s C and H. An owner or
operator shall include, when applicable, as part of the plan, specific
requirements in COMAR
26.13.05.09 s I, .10-7, .11G,
.12I, .13K, .14J, .16L, and .16-1B and D.
(30) For hazardous waste disposal units that
have been closed, documentation that notices required under COMAR
26.13.05.07 s I have been
filed.
(31) The most recent closure
cost estimate for the facility prepared in accordance with
40 CFR §
264.142, as incorporated by reference in
COMAR 26.13.05.08 s, and a copy of the
documentation required to demonstrate financial assurance under
40 CFR §
264.143, as incorporated by reference in
COMAR 26.13.05.08 s. For a new facility,
a copy of the required documentation may be submitted 60 days before the
initial receipt of hazardous wastes, if that is later than the submission of
the permit application.
(32) If
applicable, the most recent post-closure cost estimate for the facility
prepared in accordance with 40 CFR §
264.144, as
incorporated by reference in COMAR
26.13.05.08 s, plus a copy of the
documentation required to demonstrate financial assurance under
40 CFR §
264.145, as incorporated by reference in
COMAR 26.13.05.08 s. For a new facility,
a copy of the required documentation may be submitted 60 days before the
initial receipt of hazardous wastes, if that is later than the submission of
the permit application.
(33) When
applicable, a copy of the insurance policy or other documentation which
comprises compliance with the requirements of
40 CFR §
264.147. For a new facility, documentation
showing the amount of insurance meeting the specification of
40 CFR §
264.147(a) and, if
applicable, 40 CFR §
264.147(b), that the owner
or operator plans to have in effect before initial receipt of hazardous waste
for treatment, storage, or disposal. A request for a variance in the amount of
required coverage, for a new or existing facility, may be submitted as
specified in 40 CFR §
264.147(c).
(34) When appropriate, proof of coverage by a
State financial mechanism in compliance with
40 CFR §§
264.149-
264.150.
(35) A topographic map showing a distance of
1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to
not more than 61.0 meters (200 feet). Contours shall be shown on the map. The
contour interval shall be sufficient to clearly show the pattern of surface
water flow in the vicinity of and from each operational unit of the facility.
For example, contours with an interval of 1.5 meters (5 feet), if relief is
greater than 6.1 meters (20 feet), or an interval of 0.6 meter (2 feet), if
relief is less than 6.1 meters (20 feet). Owners and operators of hazardous
waste management facilities located in mountainous areas should use larger
contour intervals to adequately show topographic profiles of facilities. The
map shall clearly show the following:
(a) Map
scale and date;
(b) 100-year flood
plain area;
(c) Surface waters
including intermittent streams;
(d)
Surrounding land uses (residential, commercial, agricultural,
recreational);
(e) A wind rose (for
example, prevailing windspeed and direction);
(f) Orientation of the map (north
arrow);
(g) Legal boundaries of the
hazardous waste management facility site;
(h) Access control (fences, gates);
(i) Injection and withdrawal wells both
on-site and off-site;
(j) Building,
treatment, storage, or disposal operations, or other structures (recreation
areas, runoff control systems, access and internal roads, storm, sanitary, and
process sewerage systems, loading and unloading areas, fire control facilities,
etc.);
(k) Barriers for drainage or
flood control;
(l) Location of
operational units within the hazardous waste management facility site, where
hazardous waste is (or will be) treated, stored, or disposed (include equipment
cleanup areas).
(36)
Applicants may be required to submit such information as may be necessary to
enable the Secretary to carry out his duties.
(37) Exposure Information.
(a) After August 8, 1985, any permit
application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment or a landfill
shall be accompanied by information, reasonably ascertainable by the owner or
operator, on the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit.
(b) The owner or operator shall assure that
information submitted in accordance with §D(37)(a) of this regulation
includes, at a minimum:
(i) Reasonably
foreseeable potential releases from both normal operations and accidents at the
unit, including releases associated with transportation to or from the
unit;
(ii) The potential pathways
for human exposure to hazardous wastes of constituents resulting from the
releases described under §D(37)(a); and
(iii) The potential magnitude and nature of
the human exposure resulting from these releases.
(c) The owner or operator of a landfill or a
surface impoundment who has already submitted a part B permit application shall
submit the exposure information required in §D(37)(a) and (b) of this
regulation by August 8, 1985.
(38) A copy of the contingency plan required
by COMAR 26.13.05.04 s, including, when
applicable, as part of the contingency plan, specific requirements in COMAR
26.13.05.11 s H.
(39) For each preapplication public meeting
held in accordance with Regulation .19-1B of this chapter, the following
information as required by Regulation .19-1B(2) of this chapter:
(a) A summary of the meeting;
(b) A list of persons who attended the
meeting and the addresses provided by these persons; and
(c) Copies of any written comments or
materials submitted at the meeting.
E. Any facility with an effective permit
shall submit to the Secretary a new application at least 180 days before the
expiration date of the effective permit, unless permission for a later date has
been granted by the Secretary. The later date may not be after the expiration
date of the effective permit.
Notes
Regulations .02A_F, and new .02A_O adopted effective January 31, 1983 (10:2 Md. R. 110)
Regulations .02, F, J, L, M, N, amended effective February 13, 1984 (11:3 Md. R. 202)
Regulations .02A, C, J, amended and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)
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)
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