Sec. 26.13.05.02-1. Site Selection for CHS Facilities

A. A facility may not be located in an active fault zone.

B. Flood Plains.

(1) Definitions. The following definitions are used in §B(2), of this regulation:

(a) "100-year flood" means a flood that has a 1 percent chance of being equaled or exceeded in any given year.

(b) "100-year flood plain" means any land area which is subject to a 1 percent or greater chance of a flooding in any given year from any source.

(c) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(2) A facility located in a 100-year flood plain shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator demonstrates to the Secretary that procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters.

C. A facility may not be located in a wetland, unless the operator obtains a discharge permit under COMAR 26.10.01 and a wetlands permit under COMAR 08.05.07.

D. A facility may not be located so as to be likely to jeopardize the continued existence of endangered and threatened species, or result in the destruction or adverse modification of their critical habitat. (Reference: COMAR 08.03.08 and Natural Resources Article, §§10-2A-01-2A-09, Annotated Code of Maryland.)

E. A facility may not be located in the recharge zone of a sole source aquifer unless it can be demonstrated that the facility is designed, constructed, operated, and maintained to prevent any endangerment of the aquifer.

F. Salt Dome Formations, Salt Bed Formations, Underground Mines, and Caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited.