.04 Sanitary Landfills — General.

A. Permits Required. Unless excepted under the provisions of §C, a person may not construct or operate a sanitary landfill, or materially alter or extend one, without obtaining a permit from the Approving Authority before any work, including site preparation, is begun. This requirement applies to all the following types of sanitary landfills:

(1) Municipal landfills, Regulations .05—.10 of this chapter;

(2) Land clearing debris landfills, Regulations .11 and .12 of this chapter;

(3) Rubble landfills, Regulations .13—.18 of this chapter; and

(4) Industrial waste landfills, Regulations .19 and .20 of this chapter.

B. Renewal of Permits. Permits for municipal landfills issued under the Environment Article, §9-204, Annotated Code of Maryland, in accordance with the provisions of this regulation, are valid for a period of up to 5 years from the date of issue unless suspended or revoked by the Approving Authority. Permits are automatically renewed every 5 years upon written approval from the Approving Authority, provided that the permit holder is in compliance with Environment Article, §9-204, Annotated Code of Maryland.

C. Exceptions. Permits issued under these regulations are not required for the following:

(1) Land disposal areas for solid waste generated from single-family residences within the property limits of these residences when this disposal is not in violation of State or local laws.

(2) Land disposal areas which are not part of a system of refuse disposal for public use.

(3) Land disposal of agricultural waste on agricultural land.

(4) Land disposal of overburden resulting from mining operations.

(5) Filling operations which consist solely of the importation of clean earthen fill containing rock, concrete, non-refractory brick, and asphalt created as a result of construction excavation activities, mining, or regrading projects provided that:

(a) If warranted, a county grading permit is obtained; and

(b) The filling, grading, and site stabilization is carried out in accordance with the provisions of Environment Article, Title 4, Subtitle 1, and COMAR 26.09.01.

(6) Facilities or systems regulated by the Department under the State pretreatment program, hazardous waste management program, or other regulatory program under the Environment Article, Annotated Code of Maryland. These facilities are required to comply with those portions of the regulations dealing with the design, construction, and operation of industrial waste acceptance facilities.

(7) The use of pozzolan, if the use is in accordance with Environment Article, §15-407, Annotated Code of Maryland, and COMAR 26.04.10.

(8) The use of coal combustion byproducts, as defined in COMAR 26.04.10, if the use is in accordance with COMAR 26.04.10.