Md. Code Regs. 26.13.07.18 - Permits for Land Treatment Demonstrations Using Field Test or Laboratory Analyses
A. General.
(1) For the purpose of allowing an owner or
operator to meet the treatment demonstration requirements of COMAR
26.13.05.13 s C, the Secretary may
issue a treatment demonstration permit. The permit shall contain only those
requirements necessary to meet the standards in COMAR
26.13.05.13 s C(3). The permit may
be issued either as a treatment or disposal permit covering only the field test
or laboratory analyses, or as a two-phase facility permit covering the field
tests, or laboratory analyses, and design, construction, operation, and
maintenance of the land treatment unit.
(2) The Secretary may issue a two-phase
facility permit if the Secretary finds that, based on information submitted in
the application, substantial although incomplete or inconclusive information
already exists upon which to base the issuance of a facility permit.
(3) If the Secretary finds that not enough
information exists upon which the Secretary can establish permit conditions to
attempt to provide for compliance with all of the requirements of COMAR
26.13.05.13 s, the Secretary shall
issue a treatment demonstration permit covering the field test or laboratory
analyses.
B. Phased
Permit.
(1) If the Secretary finds that a
phased permit may be issued, the Secretary will establish, as requirements in
the first phase of the facility permit, conditions for conducting the field
tests or laboratory analyses. These permit conditions will include design and
operating parameters (including the duration of the tests or analyses and, in
the case of field tests, the horizontal and vertical dimensions of the
treatment zone), monitoring procedures, post-demonstration cleanup activities,
and any other conditions which the Secretary finds may be necessary under COMAR
26.13.05.13 s C(3). The Secretary
will include conditions in the second phase of the facility permit to attempt
to meet all COMAR
26.13.05.13 s requirements
pertaining to unit design, construction, operation, and maintenance. The
Secretary will establish these conditions in the second phase of the permit
based upon the substantial but incomplete or inconclusive information contained
in the application.
(2) The first
phase of the permit will be effective as provided in Regulation .20-6C of this
chapter.
(3) The second phase of
the permit will be effective as provided in §D of this regulation.
C. Certification. When the owner
or operator who has been issued a two-phase permit has completed the treatment
demonstration, the owner or the operator shall submit to the Secretary a
certification, signed by a person authorized to sign a permit application or
report under Regulation .03A of this chapter, that the field tests or
laboratory analyses have been carried out in accordance with the conditions
specified in phase one of the permit for conducting the tests or analyses. The
owner or operator shall also submit all data collected during the field tests
or laboratory analyses within 90 days of completion of those tests or analyses
unless the Secretary approves a later date.
D. Modifications.
(1) If the Secretary determines that the
results of the field tests or laboratory analyses meet the requirements of
COMAR 26.13.05.13 s, the Secretary will
modify the second phase of the permit to incorporate any requirements necessary
for operation of the facility in compliance with COMAR
26.13.05.13 s, based upon the
results of the field tests or laboratory analyses.
(2) This permit modification may proceed as a
minor modification under Regulation .13 of this chapter provided any change is
minor, or otherwise will proceed as a modification under Regulation .11 of this
chapter.
(3) If no modifications of
the second phase of the permit are necessary, or if only minor modifications
are necessary and have been made, the Secretary will give notice of the final
decision to the permit applicant and to each person who submitted written
comments on the phased permit or who requested notice of the final decision on
the second phase of the permit. The second phase of the permit then will become
effective as specified in Regulation .20-6C of this chapter.
(4) If modifications under Regulation .11 of
this chapter are necessary, the second phase of the permit will become
effective only after those modifications have been made.
Notes
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