Sec. 26.13.05.16-1. Miscellaneous Units

A. Applicability. The requirements in this regulation apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as Regulation .01 of this chapter provides otherwise.

B. Environmental Performance Standards.

(1) A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment.

(2) Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate:

(a) Design and operating requirements;

(b) Detection and monitoring requirements;

(c) Requirements for responses to releases of hazardous waste or hazardous constituents from the unit; and

(d) All applicable requirements of Regulations .09 - .14 and .16 of this chapter, and COMAR 26.13.07 that are appropriate for the miscellaneous unit being permitted.

(3) For the purposes of §B(2), of this regulation, protection of human health and the environment includes, but is not limited to, prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in:

(a) The ground water or subsurface environment, considering the:

(i) Volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;

(ii) Hydrologic and geologic characteristics of the unit and the surrounding area;

(iii) Existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;

(iv) Quantity and direction of ground water flow;

(v) Proximity to and withdrawal rates of current and potential ground water users;

(vi) Patterns of land use in the region;

(vii) Potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;

(viii) Potential for health risks caused by human exposure to waste constituents; and

(ix) Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(b) Surface water, wetlands, or on the soil surface, considering the:

(i) Volume and physical and chemical characteristics of the waste in the unit;

(ii) Effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;

(iii) Hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;

(iv) Patterns of precipitation in the region;

(v) Quantity, quality, and direction of ground water flow;

(vi) Proximity of the unit to surface waters;

(vii) Current and potential uses of nearby surface waters and any water quality standards established for those surface waters;

(viii) Existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils;

(ix) Patterns of land use in the region;

(x) Potential for health risks caused by human exposure to waste constituents; and

(xi) Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(c) The air, considering the:

(i) Volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;

(ii) Effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;

(iii) Operating characteristics of the unit;

(iv) Atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;

(v) Existing quality of the air, including other sources of contamination and their cumulative impact on the air;

(vi) Potential for health risks caused by human exposure to waste constituents; and

(vii) Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

C. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action. Monitoring, testing, analytical data, inspection, response, and reporting procedures and frequencies shall ensure compliance with Regulations .02F, .03D, .05F-H, .06-7, and .16-1B of this chapter, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

D. Post-Closure Care. A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with §B of this regulation during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of §B of this regulation during post-closure care. The post-closure plan under Regulation .07H of this chapter shall specify the procedures that will be used to satisfy this requirement.