Md. Code Regs. 26.13.07.02-1 - Additional Information Requirements - Ground Water Protection
A. Applicability.
This regulation applies to persons seeking or required to obtain a controlled
hazardous substances (CHS) facility permit to manage hazardous waste in a
regulated unit, as defined in COMAR
26.13.05.06 s A(2)(b).
B. Except as otherwise provided in COMAR
26.13.05.06 s A(3), a person
subject to this regulation shall provide the following additional information
regarding protection of ground water as a part of the permit application:
(1) A summary of the ground water monitoring
data obtained from the requirements of COMAR
26.13.05.06 s A-E, when
applicable;
(2) Identification of
the uppermost aquifer and aquifers hydraulically interconnected beneath the
facility property, including ground water flow direction and rate, and the
basis for the identification, such as the information obtained from
hydrogeologic investigation of the facility area;
(3) On the topographic map required under
Regulation .02D(6) of this chapter, a delineation of the waste management area,
the property boundary, the proposed point of compliance as defined under COMAR
26.13.05.06 s -1D, the proposed
location of ground water monitoring wells as required under COMAR
26.13.05.06 s -2 and, to the
extent possible, the information required in §B(2) of this
regulation;
(4) A description of
any plume of contamination that has entered the ground water from a regulated
unit at the time the application is submitted that:
(a) Delineates the extent of the plume on the
topographic map required under Regulation .02D(6)(b) of this chapter;
and
(b) Identifies the
concentration of each constituent from Appendix IX Ground Water Monitoring List
of 40 CFR Part 264, which is incorporated by reference in COMAR
26.13.01.05 s B(1)(c), throughout
the plume, or identifies the maximum concentrations of each constituent in the
plume;
(5) Detailed
plans and an engineering report describing the proposed ground water monitoring
program to be implemented to meet the requirements of COMAR
26.13.05.06 s -2;
(6) If the presence of hazardous constituents
has not been detected in the ground water at the time of permit application,
sufficient information, supporting data, and analyses to establish a detection
monitoring program which meets the requirements of COMAR
26.13.05.06 s -4, including:
(a) A proposed list of indicator parameters,
waste constituents, or reaction products that can provide a reliable indication
of the presence of hazardous constituents in the ground water;
(b) A proposed ground water monitoring
system;
(c) Background values for
each proposed monitoring parameter or constituent, or procedures to calculate
these values; and
(d) A description
of proposed sampling analysis and statistical comparison procedures to be used
in evaluating ground water monitoring data;
(7) The following information if the presence
of hazardous constituents has been detected in the ground water at the point of
compliance at the time of permit application:
(a) Sufficient information, supporting data,
and analyses to establish a compliance monitoring program which meets the
requirements of COMAR
26.13.05.06 s -5;
(b) An engineering feasibility plan for a
corrective action program necessary to meet the requirements of COMAR
26.13.05.06 s -6, except as
provided by COMAR
26.13.05.06 s -4H(5), unless the
permit applicant obtains written authorization in advance from the Secretary to
submit a proposed permit schedule for submittal of the plan; and
(c) The following items to demonstrate
compliance with COMAR
26.13.05.06 s -5:
(i) A description of the wastes previously
handled at the facility;
(ii) A
characterization of the contaminated ground water, including concentrations of
hazardous constituents;
(iii) A
list of hazardous constituents for which compliance monitoring will be
undertaken in accordance with COMAR
26.13.05.06 s -2 and
.06-5;
(iv) Proposed concentration
limits for each hazardous constituent, based on the criteria set forth in COMAR
26.13.05.06 s -1C, including a
justification for establishing any alternate concentration limits;
(v) Detailed plans and an engineering report
describing the proposed ground water monitoring system, in accordance with the
requirements of COMAR
26.13.05.06 s -2; and
(vi) A description of proposed sampling,
analysis, and statistical comparison procedures to be used in evaluating ground
water monitoring data.
C. Information Concerning a Corrective Action
Program.
(1) Under the circumstances described
in §C(2) of this regulation, a person identified in §A of this regulation shall
either:
(a) Provide, as part of a CHS
facility permit application, sufficient information, supporting data, and
analyses to establish a corrective action program which meets the requirements
of COMAR 26.13.05.06 s -6; or
(b) Comply with the following requirements:
(i) Demonstrate to the Secretary that
alternate concentration limits will protect human health and the environment
after considering the criteria listed in COMAR
26.13.05.06 s -1C(2);
and
(ii) Provide as part of a CHS
facility permit application, sufficient information to establish a compliance
monitoring program which meets the requirements of §B of this regulation and
COMAR 26.13.05.06 s -5.
(2) The requirements of
§C(1) of this regulation apply if:
(a)
Hazardous constituents have been measured in the ground water at levels which
exceed the concentration limits established under COMAR
26.13.05.06 s -1C, Table 1;
or
(b) Ground water monitoring
conducted at the time of permit application under COMAR
26.13.05.06 s -1 at the waste
boundary indicates the presence of hazardous constituents from the facility in
ground water over background concentrations.
(3) A person required by §C(1) of this
regulation to submit information concerning a corrective action program under
COMAR 26.13.05.06 s -6 shall address, at
a minimum, the following items:
(a) A
characterization of the contaminated ground water, including concentration of
hazardous constituents;
(b) The
concentration limit for each hazardous constituent found in the ground water as
set forth in COMAR
26.13.05.06 s -1C;
(c) Detailed plans and an engineering report
describing the corrective action to be taken; and
(d) A description of how the ground water
monitoring program will assess the adequacy of the corrective action.
D. The Secretary may
issue a permit containing a schedule for submittal of the information required
in §C(3)(c)-(d) of this regulation if the permit applicant obtains written
authorization from the Secretary before submittal of the complete permit
application.
Notes
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.