Md. Code Regs. 26.13.07.07 - Schedules of Compliance
A. The
permit may, when appropriate, specify a schedule of compliance leading to
compliance with the appropriate Act and regulations.
B. Time for Compliance. Any schedules of
compliance under this section shall require compliance as soon as
possible.
C. Interim Dates.
(1) Except as provided in §E(1)(b), if a
permit establishes a schedule of compliance which exceeds 1 year from the date
of permit issuance, the schedule shall set forth interim requirements and the
dates for their achievement.
(2)
The time between interim dates may not exceed 1 year.
(3) If the time necessary for completion of
any interim requirement (such as the construction of a control facility) is
more than 1 year and is not readily divisible into stages for completion, the
permit shall specify interim dates for the submission of reports of progress
toward completion of the interim requirements and indicate a projected
completion date.
D.
Reporting. The permit shall be written to require that not later than 14 days
following each interim date and the final date of compliance, the permittee
shall notify the Secretary in writing of its compliance or noncompliance with
the interim or final requirements.
E. Alternate Schedules of Compliance. A
permit applicant or permittee may cease conducting regulated activities (by
receiving terminal volume of hazardous waste and for treatment and storage HWM
facilities, closing pursuant to applicable requirements, and for disposal HWM
facilities, closing and conducting post-closure care pursuant to applicable
requirements) rather than continue to operate and meet permit requirements as
follows:
(1) If the permittee decides to cease
conducting regulated activities at a given time within the term of a permit
which has already been issued:
(a) The permit
may be modified to contain a new or additional schedule leading to timely
cessation of activities;
(b) The
permittee shall cease conducting permitted activities before noncompliance with
any interim or final compliance schedule requirement.
(2) If the decision to cease conducting
regulated activities is made before issuance of a permit whose term will
include the termination date, the permit shall contain a schedule leading to
termination which will ensure timely compliance with applicable
requirements.
(3) If the permittee
is undecided whether to cease conducting regulated activities, the Secretary
may issue or modify a permit to contain two schedules as follows:
(a) Both schedules shall contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities not later than a date that ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities.
(b) One schedule shall lead to timely
compliance with applicable requirements.
(c) The second schedule shall lead to
cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements.
(d)
Each permit containing two schedules shall include a requirement that after the
permittee has made a final decision under §E(3)(a) it shall follow the
schedule leading to compliance if the decision is to continue conducting
regulated activities, and follow the schedule leading to termination if the
decision is to cease conducting regulated activities.
(4) The applicant's or permittee's decision
to cease conducting regulated activities shall be evidence by a firm public
commitment satisfactory to the Secretary, such as a resolution of the board of
directors of a corporation.
Notes
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