Md. Code Regs. 26.13.10.27 - Military Munitions
A.
Applicability.
(1) This regulation and
Regulations .28-.31 of this chapter specify the:
(a) Circumstances under which military
munitions become a solid waste; and
(b) Management standards that apply if a
military munition is a hazardous waste under this regulation, Regulations
.28-.31 of this chapter, or COMAR 26.13.02.
(2) Unless otherwise specified in this
regulation or Regulations .28-.31 of this chapter, all applicable requirements
in COMAR 26.13.01-26.13.07 and
26.13.10.01 s -.04 apply to waste
military munitions.
B.
Definition of Military Munitions as Solid Waste.
(1) A military munition is not a solid waste
when:
(a) Used for its intended purpose,
including:
(i) Use in training military
personnel or explosives and munitions emergency response specialists, including
training in proper destruction of unused propellant or other
munitions;
(ii) Use in research,
development, testing, and evaluation of military munitions, weapons, or weapons
systems; or
(iii) Recovery,
collection, and on-range destruction of conventional unexploded ordnance,
munitions, and munitions fragments during range clearance activities at active
or inactive ranges; or
(b) An unused munition, or component of it,
is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or
otherwise subjected to material recovery activities, and none of these
activities involve:
(i) Disposal as defined in
COMAR 26.13.02.02 s C(1); or
(ii) Burning for energy recovery as defined
in COMAR 26.13.02.02 s C(2).
(2) For the purposes of
§B(1)(a) of this regulation, "used for its intended purpose" does not
include the on-range disposal or burial of unexploded ordnance and contaminants
when the burial is not a result of product use.
(3) An unused military munition is a solid
waste when any of the following occurs:
(a)
The munition is abandoned by being:
(i)
Disposed of;
(ii) Burned;
(iii) Detonated, except during intended use
as specified in §B(1) of this regulation;
(iv) Incinerated;
(v) Treated; or
(vi) Treated before disposal;
(b) The munition is removed from
storage in a military magazine or other storage area for the purpose of being:
(i) Disposed of;
(ii) Burned or incinerated;
(iii) Treated; or
(iv) Treated before disposal;
(c) The integrity of the munition
is compromised by cracks, leaks, or other damage or the munition is otherwise
deteriorated or damaged, to the point that the munition cannot be:
(i) Put into serviceable condition;
or
(ii) Reasonably recycled or used
for other purposes; or
(d) The munition has been declared a solid
waste by an authorized military official.
(4) A used or fired military munition is a
solid waste:
(a) When transported off-range,
or from the site of use where the site of use is not a range, for the purposes
of:
(i) Disposal;
(ii) Reclamation;
(iii) Storage;
(iv) Treatment; or
(v) Treatment before disposal; or
(b) If recovered, collected, and
disposed of by burial or landfilling either on-range or off-range.
(5) Used or Fired Military
Munitions Landing Off-Range.
(a) For the
purposes of RCRA § 1004(27), a used or fired military munition is a solid
waste, and, therefore, if the munition lands off-range and is not promptly
rendered safe, retrieved, or both, is potentially subject to:
(i) RCRA corrective action authorities under
RCRA §§ 3004(u) and (v) and 3008(h) and analogous State authorities;
or
(ii) Imminent and substantial
endangerment authorities under RCRA § 7003, or analogous State
authorities.
(b) A
person who is responsible for causing a used or fired military munition to land
off-range shall address any imminent and substantial threats associated with
any remaining material from the munition.
(c) If remedial action to address threats
associated with the landing of a used or fired military munition off-range is
infeasible, the operator of the range shall:
(i) Maintain a record of the event for at
least as long as any threat remains; and
(ii) Include as part of the record of the
event specific information on the type of munition and the location of the
munition, to the extent the location is known.
Notes
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