reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.02 - Initial Certification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be certified as a UST system
				  technician, an individual shall:
(1) Submit a
				  complete application in accordance with Regulation .03 of this
				  chapter;
(2) Meet the following
				  experience requirements:
(a) Have at least 2
				  years of UST system installation experience within the last 36 months with a
				  company or organization that installs UST systems; and
(b) Have direct involvement in a minimum of
				  six separate UST system installation, repair, upgrade, or closure events, where
				  not more than three UST system closure events may be counted towards the six
				  direct involvement events; and
(3) Achieve a score of 90 percent or better
				  on the UST system technician certification test given by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.03 - Application and Testing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application Process.
(1) To apply for an
				  initial or renewal UST system technician, heating oil technician, or UST system
				  remover certification, an individual shall complete an application provided by
				  the Department as follows:
(a) As specified on
				  the application, the individual shall submit verifiable proof of the experience
				  requirements for the particular certification as required under:
(i) Regulation .02A(2), B(2), or C(2) of this
				  chapter for an initial certification; or
(ii) Regulation .04A(2) of this chapter to
				  renew a certification;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.04 - Certification Renewal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  To renew a certification for a UST system technician, a heating oil technician,
				  or a UST system remover, an individual shall:
(1) At least 30 days prior to the expiration
				  of the current certification, submit a complete application in accordance with
				  Regulation .03 of this chapter; and
(2) Meet the following experience
				  requirements:
(a) Attend and complete a UST
				  system course approved by the Department within the last 2 years; and
(b) Have direct involvement in a minimum of
				  six separate UST system installation, repair, upgrade, or closure
				  events.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.05 - Reciprocity Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may issue a reciprocity certification for one of the four categories
				  listed in Regulation .01A of this chapter to an individual who has a valid
				  certification issued by another state if the Department determines that the
				  state has a comparable certification program to the requirements of this
				  chapter.
B. To obtain reciprocity
				  certification, an individual shall:
(1) Submit
				  a valid certification from another state to the Department;
(2) Complete an application provided by the
				  Department in accordance with Regulation .03 of this chapter;
(3) Meet the experience requirements as
				  follows:
(a) An individual applying for a UST
				  system technician, heating oil technician, or UST system remover reciprocity
				  certification shall meet the experience requirements in Regulation .02 of this
				  chapter; and
(b) An individual
				  applying for a UST system inspector reciprocity certification shall meet the
				  following experience requirements:
(i) Perform
				  UST system inspections at a minimum of 10 regulated substance storage
				  facilities within the last 2 years; and
(ii) Attend and complete an inspector
				  orientation course provided by the Department; and
(4) Achieve a score of 90 percent
				  or better on a certification test given by the Department for that
				  certification.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.06 - Standards of Performance

Current through Register Vol. 51, No. 14, July 12, 2024
An individual certified by the Department under this
					 chapter shall:
A. Maintain knowledge of
				  COMAR 26.10.01-26.10.12 and 26.10.16 and all documents incorporated by
				  reference;
B. Adhere to equipment
				  manufacturers' instructions, accepted industry standards, and applicable
				  industry codes of practice when performing UST system installation, repair,
				  upgrade, closure, change-in-service, precision tightness testing, other
				  tightness testing, or inspection activities;
C. Perform work so that there is no spill,
				  release, or discharge of regulated substances or contamination of soil, surface
				  water, or groundwater caused by regulated substances from a UST system or
				  regulated substance storage facility;
D. Certify to an owner or an operator of a
				  UST system that a UST system installation, upgrade, repair, closure,
				  change-in-service, or inspection is complete only when the activity conducted
				  by the individual complies with COMAR 26.10.01-26.10.12 and 26.10.16;
E. Complete and submit to the Department a
				  form provided by the Department that certifies a UST system installation,
				  closure, change-inservice, or inspection activity conducted by the individual
				  meets the requirements of COMAR 26.10.01-26.10.12 and 26.10.16;
F. Place the individual's signature and
				  Department issued certification number on documentation concerning an
				  installation, upgrade, repair, closure, change-in-service, or inspection of a
				  UST system or component of a UST system only if:
(1) The certified individual directly
				  completed the work or the work was completed under the certified individual's
				  direct, on-site supervision and control; and
(2) The individual had a valid certification
				  issued by the Department to conduct the specific work at the time the work was
				  performed;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.07 - Conflict of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certified
				  UST system inspector may not perform, and an owner and an operator of a UST
				  system may not allow, a UST system inspector to perform an inspection on a UST
				  system for compliance with COMAR
				  26.10.03.10 if the UST system
				  inspector is also:
(1) The owner or the
				  operator of the UST system to be inspected;
(2) An employee of the owner or the operator
				  of the UST system to be inspected; or
(3) The certified UST system technician who
				  completed the installation, replacement, or upgrade work on the UST system to
				  be inspected.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.08 - Denial, Suspension, or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may deny an application for
				  certification if an individual has not complied with the application and
				  experience requirements in Regulations .02-.04 of this chapter or has
				  demonstrated a history of noncompliance with the provisions of COMAR 26.10,
				  including the reasons listed in §B(1) of this regulation.
B. Suspension or Revocation.
(1) The Department may suspend or revoke a
				  certification of an individual if the Department determines that the individual
				  has done one or more of the following:
(a)
				  Demonstrated a willful or negligent disregard or repeated violations of the
				  regulations in this subtitle;
(b)
				  Willfully or negligently submitted false information to the
				  Department;
(c) Violated the
				  requirements of Regulation .06 or .07 of this chapter; or
(d) After a prior suspension or revocation of
				  a certification under this chapter, committed an act in violation of COMAR
				  26.10.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.09 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual
				  whose certification has been revoked may not apply for a new certification for
				  2 years from the date of revocation.
B. An individual is subject to the sanctions
				  set forth in Environment Article, Title 4, Subtitle 4 and Title 7, Subtitle 2,
				  Part VIII, Annotated Code of Maryland if that individual:
(1) Violates any provision of this chapter;
				  or
(2) Does not install, upgrade,
				  repair, close, perform a change-in-service of, or inspect a UST system in
				  accordance with the provisions of COMAR 26.10.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.10 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.11 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.06 - UST System Technician, Remover, and Inspector Certification › Section 26.10.06.12 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) The requirements of this chapter apply
				  only to the following oil storage facilities:
(a) An oil storage facility with a new or
				  existing gasoline UST system located in a high risk groundwater use area
				  (HRGUA) or well head protection area (WHPA); and
(b) An oil storage facility that meets the
				  definition of a high risk underground oil storage facility under Regulation
				  .07A of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter:
(1) A term in §B of this regulation has the
				  meaning indicated; and
(2) A term
				  not defined in §B of this regulation has:
(a)
				  The meaning given to the term in a relevant statute or in COMAR 26.10.01 or
				  26.10.02; or
(b) If not defined in
				  a relevant statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by
				  common use.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.03 - New Gasoline UST System

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a new gasoline UST system, except for a new
					 gasoline UST system in a HRGUA located in Anne Arundel County, shall:
A. Comply with the following release
				  prevention and detection requirements for a newly installed UST system:
(1) If installing Stage II vapor recovery
				  piping, install the Stage II vapor recovery piping in accordance with COMAR
				  26.10.03.02;
(2) Install and utilize an interstitial
				  release detection system for the UST system piping approved by the National
				  Work Group on Leak Detection Evaluations;
(3) If the UST system has a storage capacity
				  of greater than 2,000 gallons or there are multiple USTs installed in a shared
				  excavation zone:
(a) Install four monitoring
				  pipes in accordance with the specifications in COMAR
				  26.10.03.04B,
				  with one monitoring pipe located in each corner of the excavation zone;
				  and
(b) In conjunction with the
				  monitoring pipes required under §A(3)(a) of this regulation, install a piping
				  system that is designed to allow for active ventilation of the excavation zone;
				  and
(4) Select and, upon
				  receipt of Department approval, install one of the following systems to detect
				  a spill, release, or discharge of gasoline liquid and vapors from the UST
				  system:
(a) A minimum of three monitoring
				  wells that are:
(i) Constructed in accordance
				  with COMAR 26.04.04 and Department specifications;
(ii) Located outside of the excavation
				  zone;
(iii) In locations that will
				  allow for the determination of groundwater flow; and
(iv) Placed in areas that are most likely to
				  detect a spill, release, or discharge from the UST system;
(b) A pressure control system that:
(i) Is continuously operated;
(ii) Continuously monitors storage tank
				  pressure;
(iii) Maintains storage
				  tank pressure at an average negative pressure; and
(iv) Prevents the release of gasoline vapors
				  to the environment;
(c)
				  If the UST system excavation zone meets the conditions of §A(3) of this
				  regulation by either having a storage capacity of greater than 2,000 gallons or
				  multiple USTs installed in a shared excavation zone, a soil vapor extraction
				  system that is:
(i) Connected to the
				  monitoring pipes and piping system required under §A(3) of this regulation;
				  and
(ii) Operated continuously to
				  maintain active ventilation of the excavation zone; or
(d) An alternative method that will detect a
				  spill, release, or discharge of gasoline liquid and vapors from the UST
				  system;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.04 - Existing Gasoline UST System

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An owner of an existing gasoline UST system in a HRGUA, except for an existing
				  gasoline UST system located in Anne Arundel County, shall:
(1) Not later than July 25, 2005, implement
				  the following release detection methods:
(a)
				  Sample each site supply well and any existing groundwater monitoring wells
				  located on the oil storage facility;
(b) Install a minimum of three groundwater
				  monitoring wells that are:
(i) Constructed in
				  accordance with COMAR 26.04.04 and Department specifications;
(ii) Outside of the excavation
				  zone;
(iii) In locations that will
				  allow for the determination of groundwater flow; and
(iv) Placed in areas that are most likely to
				  detect a spill, release, or discharge from the UST system;
(c) Sample each groundwater monitoring well
				  installed pursuant to §A(1)(b) of this regulation; and
(d) Analyze each water sample collected
				  pursuant to §A(1)(a) and (c) of this regulation in accordance with Regulation
				  .05 of this chapter;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.05 - Analytical Testing Methods-New or Existing Gasoline UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a new or existing gasoline UST system shall
					 conduct an analysis for full suite volatile organic compounds, including
					 naphthalene and fuel oxygenates, for each water sample collected from:
A. A groundwater monitoring well in
				  accordance with USEPA Test Method 8260 or another method approved by the
				  Department; and
B. A site supply
				  well in accordance with USEPA Test Method 524.2 or another method approved by
				  the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.06 - Detection of Levels of Concern

Current through Register Vol. 51, No. 14, July 12, 2024
If the concentration of benzene, toluene, ethylbenzene,
					 total xylenes, or MTBE is detected at equal to or greater than the levels of
					 concern defined in Regulation .02B of this chapter in a groundwater sample
					 collected and analyzed in accordance with Regulations .03-.05 of this chapter,
					 an owner of a new or existing gasoline UST system shall:
A. Within 24 hours of receiving an analytical
				  laboratory report that shows the detection, report the sampling results to the
				  Department;
B. Within 48 hours of
				  receiving an analytical laboratory report that shows the detection, initiate an
				  investigation both on-site and off-site of the oil storage facility in
				  accordance with COMAR 26.10.08.02-.04; and
C. In accordance with COMAR
				  26.10.09.07, develop a corrective
				  action plan under the direction of the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.07 - High Risk Underground Oil Storage Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Defining a High Risk Underground Oil
				  Storage Facility.
(1) An oil storage facility
				  is defined as a high risk underground oil storage facility under this chapter
				  if the facility has:
(a) An underground
				  storage capacity that includes:
(i) One or
				  more UST systems constructed with a single-walled UST or single-walled product
				  piping; and
(ii) A total
				  underground oil storage capacity of 80,000 gallons or greater, not including
				  underground oil storage capacity used to store heating oil for onsite
				  consumptive use; or
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.07 - High Risk Oil Storage Facilities › Section 26.10.07.08 - Recordkeeping

Current through Register Vol. 51, No. 14, July 12, 2024
An owner of a new or existing gasoline UST system and an
					 owner of a high risk underground oil storage facility shall:
A. Maintain records of all testing required
				  by this chapter for one year at the oil storage facility and for five years at
				  a location designated by the owner; and
B. Make the records maintained pursuant to §A
				  of this regulation available to the Department upon request or as required
				  under this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.08 - Spill, Release, and Discharge Reporting, Investigation, and Confirmation › Section 26.10.08.01 - Reporting of Suspected Spills, Releases, and Discharges

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a storage tank
				  system, a responsible party, and a person conducting a test on a storage tank
				  system shall report to the Department a suspected spill, release, or discharge
				  immediately, but not later than 2 hours after the discovery, and follow the
				  investigation and confirmation procedures in Regulation .03 of this chapter if
				  any of the following circumstances occur:
(1)
				  There is evidence of a spill, release, or discharge of oil;
(2) There is evidence of a spill, release, or
				  discharge of a regulated substance from a UST system;
(3) A storage tank system fails a precision
				  tightness test;
(4) A storage tank
				  system has two consecutive inconclusive precision tightness test
				  results;
(5) A storage tank system
				  is determined to have a leak or there is evidence of a spill, release, or
				  discharge of oil at an oil storage facility or oil handling facility, such as
				  the presence of:
(a) Dissolved product in
				  groundwater;
(b) Absorbed product
				  in soils;
(c) Free product in
				  soils, a basement, a sewer or utility line, or waters of the State;
				  or
(d) Vapors in soils, a basement,
				  a sewer or utility line, or waters of the State;
(6) There is evidence of a spill, release, or
				  discharge at a regulated substance storage facility or in the surrounding area,
				  such as the presence of:
(a) Dissolved product
				  in groundwater;
(b) Absorbed
				  product in soils;
(c) Free product
				  in soils, a basement, a sewer or utility line, or waters of the State;
				  or
(d) Vapors in soils, a basement,
				  a sewer or utility line, or waters of the State;
(7) Unusual operating conditions exist, such
				  as:
(a) The erratic behavior of
				  product-dispensing equipment;
(b)
				  The sudden loss of a regulated substance from a storage tank system;
(c) An unexplained presence of water in a
				  storage tank;
(d) Liquid in the
				  interstice space of secondarily contained systems; or
(e) A failed spill prevention equipment or
				  containment sump test for tightness; and
(8) Monitoring results, including
				  investigation of an alarm, from a release detection method required under COMAR
				  26.10.05 indicate a spill, release, or discharge may have occurred, unless:
(a) The monitoring device is found to be
				  defective and immediately repaired, recalibrated or replaced; and
(b) Additional monitoring does not confirm
				  the initial result.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.08 - Spill, Release, and Discharge Reporting, Investigation, and Confirmation › Section 26.10.08.02 - Investigation Due to Off-Site Impacts

Current through Register Vol. 51, No. 14, July 12, 2024
A. When directed by the Department, an owner
				  and an operator of a storage tank system and a responsible party shall follow
				  the investigation and confirmation procedures in Regulation .03 of this chapter
				  to determine if the storage tank system or another source under the control of
				  the owner and the operator of the storage tank system or the responsible party
				  is the source of off-site impacts that have been:
(1) Observed by the Department; or
(2) Brought to the Department's attention by
				  another party.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.08 - Spill, Release, and Discharge Reporting, Investigation, and Confirmation › Section 26.10.08.03 - Investigation and Confirmation Steps

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless corrective action is initiated in
				  accordance with COMAR 26.10.09, an owner and an operator of a storage tank
				  system and a responsible party shall use the steps described in §§B and C of
				  this regulation, or other procedures required by the Department to:
(1) Immediately but not later than 48 hours
				  from the time a suspected spill, release, or discharge is discovered under
				  Regulation .01 of this chapter or from the time an owner and an operator of a
				  storage tank system and a responsible party is directed by the Department under
				  Regulation .02 of this chapter, investigate a suspected spill, release, or
				  discharge of a regulated substance; and
(2) Within 7 days of beginning the
				  investigation, or another time period specified by the Department, confirm:
(a) All suspected spills, releases, and
				  discharges of regulated substances requiring reporting under Regulation .01 of
				  this chapter; and
(b) The source of
				  off-site impacts if directed by the Department, as required under Regulation
				  .02 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.08 - Spill, Release, and Discharge Reporting, Investigation, and Confirmation › Section 26.10.08.04 - Reporting and Remediating Spills, Releases, Discharges, and Overfills

Current through Register Vol. 51, No. 14, July 12, 2024
Upon detecting or confirming a spill, release, or discharge
					 or an overfill of a regulated substance, an owner and an operator of a storage
					 tank system and a responsible party shall:
A. Not later than 2 hours after detecting or
				  confirming the spill, release, discharge or the overfill, or within another
				  reasonable time period specified by the Department:
(1) Contain and immediately remediate the
				  spill, release, or discharge or the overfill of a regulated substance and begin
				  corrective action in accordance with COMAR 26.10.09; and
(2) Report the spill, release, or discharge
				  or the overfill as follows:
(a) Report a
				  spill, release, or discharge or an overfill of oil to the Department in
				  accordance with COMAR
				  26.10.01.05; and
(b) Report a spill or release, or an overfill
				  that results in a spill or release, of a hazardous substance equal to or
				  greater than its reportable quantity under 40 CFR Part 302 to the Department
				  and the National Response Center in accordance with
				  40 CFR §§
													302.6 and
				  355.40;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. In response to a
				  confirmed spill, release, or discharge of a regulated substance from a storage
				  tank system, the following persons shall comply with the requirements of this
				  chapter:
(1) If a confirmed spill, release,
				  or discharge of a regulated substance from a UST system, the owner and the
				  operator of the UST system and any responsible party; and
(2) Except as otherwise directed by the
				  Department, if a confirmed spill, release, or discharge of oil from a storage
				  tank system, the owner and the operator of the storage tank system and any
				  responsible party.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.02 - Initial Response

Current through Register Vol. 51, No. 14, July 12, 2024
Within 2 hours, or another reasonable time period specified
					 by the Department, of confirming a spill, release, or discharge of a regulated
					 substance in accordance with COMAR
					 26.10.08.03 or after a spill,
					 release, or discharge of a regulated substance from a storage tank system is
					 identified in any other manner, an owner and an operator of a storage tank
					 system and a responsible party shall perform the following initial response
					 actions:
A. Report the spill, release,
				  or discharge of the regulated substance to the Department in accordance with
				  COMAR 26.10.08.04;
B. Take immediate action to prevent any
				  further spilling, releasing, or discharging of the regulated substance into the
				  environment or secondary containment;
C. Identify and mitigate fire, explosion, and
				  vapor hazards; and
D. Perform any
				  other initial response actions required by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.03 - Initial Abatement Measures and Site Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless directed to do otherwise by the
				  Department, an owner and an operator of a storage tank system and a responsible
				  party shall perform each of the following abatement measures:
(1) Remove as much of the regulated substance
				  from the storage tank system as is necessary to prevent further spilling,
				  releasing, or discharging of the regulated substance to the
				  environment;
(2) Visually inspect
				  any aboveground spills, releases, or discharges or exposed belowground spills,
				  releases, or discharges and prevent further migration of the spilled, released,
				  or discharged regulated substance into surrounding soils, surface water, and
				  groundwater;
(3) Continue to
				  monitor and mitigate any fire and safety hazards posed by vapors or free
				  product that have migrated from a UST excavation zone or a storage tank system
				  site and entered into subsurface structures, such as sewers or
				  basements;
(4) Remedy hazards posed
				  by contaminated soils that are excavated or exposed as a result of a spill,
				  release, or discharge confirmation, site investigation, abatement, or
				  corrective action activity by:
(a) Removing
				  contaminated soils from the site within 50 days of excavation for treatment or
				  disposal in compliance with applicable federal, State, and local laws;
				  or
(b) Treating contaminated soils
				  in accordance with a corrective action plan approved by the
				  Department;
(5) Unless
				  the location, extent, and source of a spill, release, or discharge were
				  confirmed during a site check conducted in accordance with COMAR
				  26.10.08.03C or a
				  closure site assessment conducted in accordance with COMAR
				  26.10.10.03A,
				  perform a site check to determine the location and extent of a spill, release,
				  or discharge by:
(a) Measuring for the
				  presence of the spill, release, or discharge in the area where contamination is
				  most likely to be present; and
(b)
				  Selecting sample types, sample locations, and measurement methods for
				  identifying the presence and source of the spill, release, or discharge that
				  consider the:
(i) Nature of the stored
				  substance;
(ii) Site soil
				  characteristics;
(iii) Type of
				  backfill;
(iv) Depth to
				  groundwater; and
(v) Other relevant
				  factors for identifying the presence and source of the spill, release, or
				  discharge; and
(6) Investigate to determine the possible
				  presence of free product and begin free product removal as soon as practicable
				  in accordance with Regulation .05 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.04 - Initial Site Characterization

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Unless directed to do otherwise by the Department, an owner and an operator of
				  a storage tank system and a responsible party shall assemble information about
				  the site and the nature of the spill, release, or discharge that includes:
(1) Information gained while confirming the
				  spill, release, or discharge and completing the initial abatement measures
				  required in Regulations .02 and .03 of this chapter;
(2) Data on the nature and estimated quantity
				  of a spill, release, or discharge;
(3) Data from available sources or site
				  investigations, or both, concerning the following:
(a) Surrounding populations;
(b) Water quality;
(c) A map showing the use and approximate
				  locations of wells potentially affected by the spill, release, or
				  discharge;
(d) Subsurface soil
				  conditions;
(e) Locations of
				  subsurface utilities;
(f)
				  Climatological conditions; and
(g)
				  Land use at the site and surrounding area;
(4) The results of the site check performed
				  in compliance with Regulation .03A(5) of this chapter;
(5) To determine whether free product must be
				  recovered in accordance with Regulation .05 of this chapter, the results of the
				  free product investigation performed in accordance with Regulation .03A(6) of
				  this chapter; and
(6) Any other
				  information required by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.05 - Free Product Removal

Current through Register Vol. 51, No. 14, July 12, 2024
A. At sites
				  where free product is present or an investigation performed in compliance with
				  Regulation .03A(6) of this chapter indicates the presence of free product, an
				  owner and an operator of a storage tank system and a responsible party shall
				  remove free product to the maximum extent practicable as determined by the
				  Department while:
(1) Continuing, as
				  necessary, to perform any initial corrective action measures initiated under
				  Regulations .02-.04 of this chapter; or
(2) Preparing to perform the corrective
				  action measures required under Regulations .06 and .07 of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.06 - Investigations of Soil and Groundwater

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to determine the full extent and
				  location of soils contaminated by a spill, release, or discharge and the
				  presence and concentrations of dissolved product contamination in the
				  groundwater, an owner and an operator of a storage tank system and a
				  responsible party shall conduct investigations of the spill, release, or
				  discharge, the site, and the surrounding area potentially affected by the
				  spill, release, or discharge if one or more of the following conditions exist:
(1) There is evidence that groundwater wells
				  have been affected by the spill, release, or discharge;
(2) Free product is present;
(3) There is evidence that contaminated soils
				  may contaminate groundwater; or
(4)
				  The Department requests an investigation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.07 - Corrective Action Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any
				  point after reviewing the information submitted in compliance with Regulations
				  .02-.04 of this chapter, the Department may require an owner and an operator of
				  a storage tank system and a responsible party to:
(1) Submit additional information related to
				  the requirements of this chapter; or
(2) Develop and submit a corrective action
				  plan for remediating contaminated soil and groundwater, and submit the
				  corrective action plan according to a schedule and in a format established by
				  the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.09 - Spill, Release, and Discharge Response and Corrective Action › Section 26.10.09.08 - Public Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Notice to Affected Public. For each confirmed spill, release, or discharge that
				  requires a corrective action plan, the Department, in cooperation with an owner
				  and an operator of a storage tank system and a responsible party, shall provide
				  notice:
(1) To those members of the public
				  directly affected by the spill, release, or discharge and the planned
				  corrective action, as determined by the Department; and
(2) In a manner designed to reach the
				  affected public that may include, but is not limited to:
(a) Publication in local
				  newspapers;
(b) Block
				  advertisements;
(c) Public service
				  announcements;
(d) Publication in
				  the Maryland Register;
(e) Letters
				  to individual property owners; or
(f) Personal contact by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.10 - Out-of-Service UST Systems and Closure › Section 26.10.10.01 - Temporary Closure

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a UST
				  system is temporarily closed, an owner and an operator of a UST system shall:
(1) If a metal UST system, continue operation
				  and maintenance of corrosion protection in accordance with COMAR
				  26.10.04.02;
(2) Except as provided in §B(3) of this
				  regulation, maintain a method of release detection in accordance with COMAR
				  26.10.05 and, if the UST system has a field-constructed tank or is an airport
				  hydrant system, COMAR 26.10.12;
(3)
				  If a spill, release, or discharge is suspected or confirmed, comply with the
				  reporting, investigation, and corrective action requirements in COMAR 26.10.08
				  and 26.10.09;
(4) In accordance
				  with COMAR
				  26.10.03.09, amend the
				  registration for the UST system not later than 30 days following the temporary
				  closure of the UST system; and
(5)
				  If a motor fuel, bulk oil storage, used oil, or hazardous substance UST system,
				  perform the UST system inspections required in COMAR 26.10.03.10.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.10 - Out-of-Service UST Systems and Closure › Section 26.10.10.02 - Permanent Closure and Changes-in-Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and an operator of a UST system,
				  an underground farm tank, an underground residential tank, and an underground
				  residential heating oil tank shall have a permanent closure or
				  change-in-service of a storage tank system performed by or under the
				  supervision of a certified UST system technician or remover.
B. An owner, an operator, and a person in
				  charge of a UST system shall conduct a permanent closure or change-in-service
				  of a storage tank system in accordance with the following documents:
(1) API Recommended Practice 1604 "Closure of
				  Underground Petroleum Storage Tanks"; and
(2) PEI/RP 1700 "Recommended Practices for
				  the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage
				  Tank Systems".
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.10 - Out-of-Service UST Systems and Closure › Section 26.10.10.03 - Assessing the Site at Closure or Change-in-Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before applying for an extension for
				  temporary closure or completing a permanent closure or change-in-service of a
				  UST system, an owner and an operator of a UST system shall:
(1) Perform a site assessment to determine if
				  there is evidence of a spill, release, or discharge where contamination would
				  most likely be present; and
(2) In
				  selecting sample types, sample locations, and measurement methods consider:
(a) The method of closure;
(b) The nature of the stored regulated
				  substance;
(c) The type of
				  backfill;
(d) The depth to
				  groundwater; and
(e) Other factors
				  appropriate for identifying the presence of a spill, release, or
				  discharge.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.10 - Out-of-Service UST Systems and Closure › Section 26.10.10.04 - Applicability to Previously Closed UST Systems

Current through Register Vol. 51, No. 14, July 12, 2024
When directed by the Department, an owner and an operator
					 of a UST system that was permanently closed before December 22, 1988 shall
					 assess the excavation zone and close the UST system in accordance with this
					 chapter if a spill, release, or discharge from the UST system may, in the
					 judgment of the Department, pose a current or potential threat to human health
					 and the environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.10 - Out-of-Service UST Systems and Closure › Section 26.10.10.05 - Closure Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner and
				  an operator of a UST system shall maintain records in accordance with COMAR
				  26.10.04.05 that demonstrate
				  compliance with closure requirements under this chapter.
B. The owner and the operator of a UST system
				  that took the UST system out-of-service or the current owner and operator of a
				  property where the UST system was taken out-of-service shall:
(1) Maintain the closure report required in
				  §C of this regulation and the results of the site assessment required in
				  Regulation .03 of this chapter for at least 5 years after completion of a
				  permanent closure or change-in-service; and
(2) Maintain the records specified in §B(1)
				  of this regulation by:
(a) Storing the records
				  at the property; or
(b) If the
				  records cannot be stored at the property, submitting the records to the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.11 - UST Financial Responsibility › Section 26.10.11.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Owners of UST
				  systems described in 40 CFR
				  §
											280.90, including local governments that
				  own UST systems, shall demonstrate financial responsibility for one or more
				  USTs in accordance with the requirements of this chapter and
				  40 CFR §§
											280.90 -
				  280.116.
B. The requirements for the "owner or
				  operator" or "owners or operators" of a UST system contained in
				  40 CFR §§
											280.90 -
				  280.116 are to be assumed solely
				  by the "owner" of a UST system.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.11 - UST Financial Responsibility › Section 26.10.11.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. As
				  qualified by §§B and C of this regulation,
				  40 CFR §§
											280.90 -
				  280.116 (October 13, 2015) is
				  incorporated by reference.
B. For
				  the purposes of this chapter, a person shall make the following substitutions:
(1) Wherever the words "Director", "Director
				  of the Implementing Agency", "EPA Regional Administrator", or "Director of the
				  EPA" appear, substitute "Secretary of the Environment"; and
(2) Wherever the words "a state implementing
				  agency" or "implementing agency" appear, substitute "the Maryland Department of
				  the Environment", "the Department", or "MDE".
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.11 - UST Financial Responsibility › Section 26.10.11.03 - Additional Mechanism for Local Governments to Demonstrate Financial Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to the mechanisms for demonstrating financial responsibility listed in
				  40 CFR §§
											280.95 -
				  280.107, a local government may
				  use the mechanism described in §§B-D of this regulation to demonstrate
				  financial responsibility for one or more USTs.
B. A local government may obtain
				  environmental liability coverage from an insurance pool that:
(1) Is established under Insurance Article,
				  §§
											19-602 and
				  19-603, Annotated Code of
				  Maryland;
(2) The Secretary of the
				  Environment has determined to be financially sound and at least as equivalent
				  to one or more of the financial assurance mechanisms provided in
				  40 CFR §§
												280.95 -
				  280.107; and
(3) On an annual basis, provides any
				  information to the Department considered necessary to assess whether the
				  insurance pool remains financially sound.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 10 - OIL POLLUTION CONTROL AND STORAGE TANK MANAGEMENT › Chapter 26.10.11 - UST Financial Responsibility › Section 26.10.11.04 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner
				  of a UST system shall provide evidence of financial responsibility for one or
				  more USTs to the Department as follows:
(1)
				  Submit evidence of financial responsibility in an electronic format determined
				  by the Department according to the following schedule:
(a) Annually, but not later than 90 days
				  following the initiation of coverage under a financial mechanism or the
				  anniversary date of existing coverage under a financial mechanism;
				  and
(b) Upon the request of the
				  Department; and