Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.10-6 - Leaks, Spills, and Disposition of Leaking or Unfit-for-Use Tank Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner or
				  operator of a tank system or secondary containment system from which there has
				  been a leak or spill, or which is unfit for use, shall:
(1) Immediately remove the tank system from
				  service;
(2) Immediately stop the
				  flow of hazardous waste into the tank system or secondary containment
				  system;
(3) Inspect the system to
				  determine the cause of the release;
(4) Remove waste from the tank system or
				  secondary containment system in accordance with the following:
(a) If the release was from the tank system,
				  remove all waste within 24 hours after detection of the leak or, if the owner
				  or operator demonstrates that doing so is not possible, remove at the earliest
				  practicable time as much of the waste as is necessary to prevent further
				  release of hazardous waste to the environment and to allow inspection and
				  repair of the tank system; and
(b)
				  If the material was released to a secondary containment system, remove all
				  released materials within 24 hours or in as timely a manner as is possible to
				  prevent harm to human health and the environment;
(5) Contain visible releases to the
				  environment by immediately conducting a visual inspection of the release and,
				  based upon the inspection:
(a) Act to prevent
				  further migration of the leak or spill to soils or surface water; and
(b) Remove, and properly dispose of, any
				  visible contamination of the soil or surface water;
(6) Unless the quantity of the leak or spill
				  is 1 pound or less and the leak or spill is immediately contained and cleaned
				  up, file notifications and reports of the incident in accordance with the
				  following:
(a) Report to the Secretary any
				  release to the environment within 24 hours of the release's detection;
				  and
(b) Submit to the Secretary
				  within 30 days of detection of a release to the environment, a report
				  containing the following information:
(i)
				  Likely route of migration of the release;
(ii) Characteristics of the surrounding soil,
				  such as soil composition, geology, and hydrogeology;
(iii) Results of any monitoring or sampling
				  conducted in connection with the release, except that if sampling or monitoring
				  data relating to the release are not available within 30 days, the owner or
				  operator shall submit these data to the Secretary as soon as they become
				  available;
(iv) Proximity to
				  downgradient drinking water, surface water, and populated areas; and
(v) A description of response actions taken
				  or planned;
(7) Close, repair, or provide secondary
				  containment for the tank system in accordance with the following:
(a) Close the tank system in accordance with
				  Regulation .10-7 of this chapter unless the owner or operator satisfies the
				  requirements of §A(7)(b)-(d) of this regulation;
(b) If the cause of the release was a spill
				  that has not damaged the integrity of the system, the owner or operator may
				  return the system to service as soon as the released waste is removed, and
				  repairs, if necessary, have been made;
(c) If the cause of the release was a leak
				  from the primary tank system into the secondary containment system, the owner
				  or operator shall repair the tank system before returning it to
				  service;
(d) If the source of the
				  release was a leak to the environment from a component of a tank system without
				  secondary containment, the owner or operator:
(i) Shall provide the component of the system
				  from which the leak occurred with secondary containment that satisfies the
				  requirements of Regulation .10-4 of this chapter before it is returned to
				  service, unless the source of the leak is an above-ground portion of a tank
				  system that can be inspected visually;
(ii) May, if the source is an above-ground
				  component that can be inspected visually, return the component to service
				  without secondary containment as long as the component is repaired and the
				  requirements of §A(8) and (9) of this regulation are satisfied;
(iii) Shall ensure that, if a component is
				  replaced to comply with the requirements of §A(7) of this regulation, the
				  component satisfies the requirements for new tank systems or components in
				  Regulations .10-3 and .10-4 of this chapter; and
(iv) Shall, if a leak has occurred in any
				  portion of a tank system component that is not readily accessible for visual
				  inspection, such as the bottom of an in-ground or on-ground tank, provide the
				  entire component with secondary containment in accordance with Regulation .10-4
				  of this chapter before returning the tank system to use;
(8) Before returning to service a
				  tank system that has been repaired in accordance with §A(7) of this regulation
				  and for which the repair has been extensive, such as installation of an
				  internal liner or repair of a ruptured primary containment or secondary
				  containment vessel, obtain a certification by an independent, qualified,
				  registered professional engineer in accordance with COMAR
				  26.13.07.03 o D that the repaired
				  system is capable of handling hazardous wastes without release for the intended
				  life of the system;
(9) Submit the
				  certification required in §A(8) of this regulation to the Secretary not later
				  than 5 days before the tank system is returned to use.