Title 26 — Subtitle 10. Oil Pollution Control and Storage Tank Management

The aboveground or underground storage, dispensing, or transportation of oil;

The underground storage of a hazardous substance;

The removal, storage, treatment, or transportation of oil-contaminated soil, oil sludge, oil refuse, or oil mixed with other waste;

The installation, removal, closure, or maintenance of a storage tank system; or

The management of used oil, including burning used oil as fuel;

The meaning given to the term in a relevant statute; or

If not defined in a relevant statute, the meaning attributed by common use.

“Aboveground storage tank” means a storage tank that:

“Aboveground storage tank” does not include:

“Ancillary equipment” means a device connected to a storage tank system used to distribute, meter, or control the flow of:

“Ancillary equipment” includes, but is not limited to, devices such as piping, fittings, flanges, valves, and pumps.

“Biofuel” means a fuel that is derived from animal or plant byproducts.

“Biofuel” may include oil if the liquid meets the definition of oil under §B(47) of this regulation.

Relieve surges in an oil pipeline system; or

Receive and store oil transported by pipeline for reinjection and continued transportation by pipeline.

“Cargo tank” means any vehicle-mounted tank used for carrying oil that has a liquid capacity greater than 110 gallons.

“Cargo tank” does not include a tank used solely for the purpose of supplying fuel for the propulsion of a vehicle.

Can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and storage tank systems;

Possesses one of the following:

Possesses education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and storage tank systems.

“Containment sump” means a liquid-tight container that protects the environment by containing spills, releases, or discharges of a regulated substance from piping, dispensers, pumps and related components in the containment area.

“Containment sump” may be single-walled or secondarily contained and located at the top of a storage tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

“Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal components of a storage tank system.

“Corrosion expert” includes:

Oil from an AST system; or

A regulated substance from a UST system.

“Dispenser system” means a dispenser and the equipment necessary to connect the dispenser to a UST system.

“Dispenser system” includes a dispenser connected to a UST system using check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the UST system.

That does not meet the definition of a residential heating oil tank under §B(65) of this regulation;

Located on a farm property, including associated residences and improvements, or a tract of land devoted to:

Used solely in farm activities.

“Flow-through process tank” means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process.

“Flow-through process tank” does not include:

No. 1, No. 2, No. 4 – light, No. 4 – heavy, No. 5 – light, No. 5 – heavy, and No. 6 technical grades of fuel oil;

Other residual fuel oils, including Navy Special fuel oil and Bunker C;

Other fuels when used as substitutes for one of the fuel oils described in §B(30)(a) and (b) of this regulation; and

Heating oil as defined under §B(35) of this regulation.

“Hazardous substance” has the meaning stated in §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §9601(14).

“Hazardous substance” does not include a substance that is regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.

Piping assemblages;

Valves;

Pumps;

Shut-off devices;

Overfill sensors; and

Personnel safety devices.

“Marina” means a facility having one or more piers, moorings or bulkheads, and marine motor fuel storage and dispensing systems for boats, vessels, and other marine watercraft used primarily for recreational purposes by the general public.

“Marina” does not include a marine oil facility.

“Marine oil facility” means an on-shore or off-shore oil storage facility or oil handling facility located within waters of the State, including the Chesapeake Bay and its tributaries, used or capable of being used to transfer oil in bulk to or from a tank vessel and includes structures, equipment, and appurtenances.

“Marine oil facility” includes, if the facility is associated with a factory or power plant, only areas of the facility used for transfer of oil to or from a tank vessel.

“Marine oil facility” does not include a tank vessel or a tank barge.

“Motor fuel” means a complex blend of hydrocarbons typically used in the operation of a motor engine or an emergency generator.

“Motor fuel” includes:

“Oil” means oil of any kind and in any liquid form including:

“Oil” does not include:

Hydraulic systems;

Lubricating systems for pumps, compressors and other rotating equipment;

Gear boxes;

Machining coolant systems;

Heat transfer systems;

Transformers;

Circuit breakers;

Electrical switches; and

Other systems containing oil solely to enable the operation of the device.

Delivery of oil by cargo tank;

Transfer of oil;

Management of used oil;

Storage and treatment of oil-contaminated soils; and

Oil sludge, oil refuse, or oil mixed with other waste solidification/stabilization.

“Oil storage facility” means an installation, structure, or premises, including an aboveground or underground storage tank, in which oil has been or is stored.

“Oil storage facility” does not include:

Daily or periodic operation;

Installation, repair, maintenance, and testing of one or more storage tank system; or

Closure.

Owns a storage tank system, oil storage facility, or oil handling facility; or

Owned a storage tank system, oil storage facility, or oil handling facility immediately before the discontinuation of its use.

A person holding a valid Individual Oil Operations Permit issued by the Department;

A person subject to a General Oil Operations Permit authorized by the Department; or

A person subject to a General UST System Permit authorized by the Department under COMAR 26.10.02.04.

An individual;

A receiver, trustee, guardian, executor, administrator, fiduciary, trust, or representative of any kind;

A partnership, firm, joint stock company, association, public or private corporation, joint venture, commercial entity, or consortium;

The United States Government and any federal agency;

The State or a county, municipality, municipal corporation, or other political subdivision of the State, or any of their units;

A commission or any interstate body; or

Any other entity.

An activity or operation at a facility, such as the transfer of oil to or from any points in the facility; or

The repair, installation, maintenance, closure, or testing of a storage tank system.

Public health, safety, or welfare;

Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

Livestock, wild animals, or birds; or

Fish or other aquatic life.

A hazardous substance as defined under §B(34) of this regulation; and

Oil as defined under §B(47) of this regulation.

“Regulated substance storage facility” means an installation, structure, or premises in which a regulated substance has been or is stored in one or more UST systems.

“Regulated substance storage facility” includes an underground oil storage facility

A discharge as defined under §B(22) of this regulation from a storage tank system, transport, truck tank, tank barge, tank car, or pipeline;

The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of a regulated substance from a UST system as defined in COMAR 26.10.02.02B into:

The discharge, escaping, leaching, spilling, leaking, emitting, or disposing of oil from an AST system to a secondary containment dike as defined in COMAR 26.10.17.02B and 26.10.18.02B.

In response to a spill, release, or discharge, the act of abatement, containment, response, or the taking of other corrective actions as may be necessary to minimize or mitigate damage to the public health, safety, or welfare from a discharge or release or the threat of a discharge or release, including, but not limited to, public and private lands, waters of the State, and natural resources, both living and inert; and

The act of extracting a UST, underground piping, and any other components of a UST system.

For a discharge of oil, the person responsible for the discharge; and

For a release of a regulated substance from a UST system:

Prevents a release to the environment by containing a regulated substance released from the primary storage tank or piping until the regulated substance is detected and removed; and

Detects a release by meeting the requirements of COMAR 26.10.05.05G.

“Spill catchment basin” means a liquid tight container, which may be single-walled or double-walled, that has a minimum capacity of 5 gallons and is installed on the fill pipe riser, remote fill pipe, and Stage I vapor recovery connections.

“Spill catchment basin” includes a spill bucket.

Designed to contain an accumulation of oil either aboveground or underground, or an accumulation of hazardous substances underground; and

Constructed of nonearthen materials such as concrete, steel, fiberglass, and plastic, that provide structural support.

“Tank vessel” means a vessel constructed or adapted to carry oil, or that carries oil in bulk as cargo, in a quantity of 300 gallons or more and does not carry the oil for self-propulsion.

“Tank vessel” does not include any vessel dedicated to, and engaged only in, oil removal-related activities, including training or drills.

Both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State;

The Chesapeake Bay and its tributaries;

All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

The floodplain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.

A person may not cause a release of a hazardous substance.

A person violating §D(1)(a) of this regulation is subject to:

A person may not pump, spill, release, discharge, throw, drain, deposit, or cause to be deposited oil or other matter containing oil into, near, or in an area likely to pollute waters of the State.

A person may not pump, spill, release, discharge, deposit or cause to be deposited bilge or ballast water or water from any receptacle containing oil in a manner by which oil may escape into, or in an area likely to pollute, waters of the State.

A person violating §D(2)(a) or (b) of this regulation is subject to:

The Department may exempt a person from §D(2)(a) and (b) of this regulation if:

A special flood hazard area;

A tidal or nontidal wetland;

A nontidal wetland buffer; or

A 100-year floodplain of free-flowing waters, as described under Regulation .02B(96)(d) of this chapter.

The applicable authorizations issued under Environment Article, Title 5 or 16, Annotated Code of Maryland and COMAR 23.02.04, 26.17.04, 26.23.02, 26.23.03, 26.24.02, or 26.24.03; and

If required under 33 U.S.C §1341(a), a Water Quality Certification issued by the Department in accordance with 33 U.S.C §1341, 40 CFR Part 121, and COMAR 26.08.02.10.

5 gallons or more of oil was spilled, released, or discharged;

Oil was discharged to waters of the State, regardless of the amount of oil spilled, released, or discharged; or

Directed by the Department to submit a written report of the occurrence.

Date, time, and place of the spill, release, or discharge;

Amount and type of oil spilled, released, or discharged;

A complete description of circumstances contributing to the spill, release, or discharge;

A complete description of the containment and removal operations performed, including disposal sites to which oil refuse was transported;

Procedures, methods, and precautions instituted to prevent recurrence of an oil spill, release, or discharge from the facility involved;

Any other information considered necessary or required by the Department for a complete description of the incident; and

A certification that the information provided is true and correct to the knowledge of the person signing the report.

State and federal plans and regulations to control pollution related to oil, petroleum products, and their byproducts; and

A plan for the abatement of pollution related to oil, petroleum products, and their byproducts when a spill, release, or discharge occurs;

First Quarter (July, August, September) — October 31;

Second Quarter (October, November, December) — January 31;

Third Quarter (January, February, March) — April 30; and

Fourth Quarter (April, May, June) — July 31.

Alcohols denatured with oil; and

Ethanol that is intended to be used as a motor fuel or fuel source;

Biofuels; or

Processed or re-refined used oil;

The licensee liable for the oil transfer fee payment requests a hearing in accordance with §K(2) of this regulation; or

The Department, on its own, redetermines the oil transfer fee amount owed by the licensee liable for the oil transfer fee payment.

An oil storage facility or oil handling facility having an aggregate storage capacity of 10,000 gallons or greater;

A marina with an AST system that is part of a motor fuel dispensing facility;

An oil storage facility or oil handling facility involved in the handling, reuse, processing, re-refining, or disposal of used oil that has an aggregate storage capacity of 1,000 gallons or greater of used oil;

An oil storage facility or oil handling facility involved in the delivery or transfer of oil:

An oil storage facility or oil handling facility with a loading/unloading rack or transfer area used in the transfer of oil to or from a truck tank, transport, or tank car;

An oil storage facility or oil handling facility otherwise permitted under §B of this regulation that delivers, transfers, or stores oil if the Department determines the delivery, transfer, or storage of oil poses a water pollution hazard due to the facility’s size, nature, or location;

An oil-contaminated soil facility as defined in COMAR 26.10.13.02B; and

An oil storage facility or oil handling facility whose operations involve the solidification/stabilization of oil sludge, oil refuse, or oil mixed with other waste.

Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;

Regulations .03, .04, .10—.12, .19, and .24 of this chapter;

For an aboveground oil storage facility:

If the facility conducts deliveries or transfers of oil using a truck tank or transport, Regulations .16 and .17 of this chapter;

The oil transfer requirements in Regulation .18 of this chapter;

For an oil-contaminated soil facility, COMAR 26.10.13; and

For an oil solidification/stabilization facility, Regulation .15 of this chapter.

An oil storage facility or oil handling facility with an aggregate storage capacity of less than 10,000 gallons;

An oil storage facility or oil handling facility involved in the handling, reuse, processing, re-refining, or disposal of used oil with an aggregate storage capacity of less than 1,000 gallons of used oil; and

An oil storage facility or oil handling facility involved in the delivery or transfer of oil:

Regulations .04—.06 of this chapter and COMAR 26.10.08 and 26.10.09 when a suspected or confirmed spill, release, or discharge occurs;

Regulations .03, .04, .10, .12, .19, and .24 of this chapter;

If the facility has underground piping connected to an AST, COMAR 26.10.03.02 and 26.10.05.02D;

If the facility has shop-fabricated ASTs, COMAR 26.10.17;

If the facility has field-erected ASTs, COMAR 26.10.18;

If the facility manages used oil, COMAR 26.10.15; and

If the facility conducts oil deliveries or transfers using a truck tank or transport, Regulations .16 and .17 of this chapter.

The oil storage facility is a single-family residential property;

The oil storage facility or oil handling facility has an aggregate storage capacity of 2,500 gallons or less and operates under a General Oil Operations Permit, as required under Regulation .09B of this chapter; or

The AST system stores oil for less than six consecutive months.

Shall register, and maintain current registration of, each AST system located at the facility with the Department; and

May not allow the receipt of oil to, or selling or dispensing of oil from, an AST system not registered with the Department.

Inform the purchaser or transferee of the registration requirements under this regulation; and

If an oil storage facility or oil handling facility described under §D of this regulation, provide the purchaser or transferee with a copy of the current registration form.

Shall register or amend the registration for each AST system located at the facility using a registration form provided by the Department;

May use one registration form to register multiple AST systems at a single facility;

May not use one registration form to register multiple AST systems located at more than one facility;

Shall provide all of the required information on the registration form, including information unchanged since the last registration form was submitted to the Department for the AST system; and

Shall sign and date each registration form submitted to the Department.

Register an AST system with the Department in accordance with the following schedule:

Submit an amended registration form to the Department within 30 days of one or more of the following changes to an AST system or an oil storage facility or oil handling facility:

Maintain a copy of each complete AST system registration form at the oil storage facility or oil handling facility; and

Make a copy of a complete AST system registration form available upon request by the Department.

The owner has registered the commercial or business entity with the Maryland Department of Assessments and Taxation; and

The commercial or business entity is in good standing with the State at the time the application for an Individual Oil Operations Permit is submitted; and

Truck tank and transport facilities having no AST systems; and

Out-of-State oil delivery facilities; and

The applicable requirements of COMAR 26.10 can be met;

A facility is properly and adequately equipped to prevent oil pollution, and to contain and remove oil spills, releases, and discharges;

A person in charge of a facility has the capability to handle the oil in accordance with the applicable requirements of COMAR 26.10; and

An owner, an operator, and a person in charge of an oil storage facility or oil handling facility has:

A violation of a provision of the Oil Transfer License or other applicable federal, State, or local requirements related to oil pollution has occurred;

A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

False or inaccurate information or data was provided in:

A licensee has failed to submit to the Department an oil transfer fee payment or accompanying report on the barrels of oil transferred for one or more quarters;

Issuance of an Oil Transfer License would pose a risk of harm to public health, safety, or welfare or the environment; or

Any other good cause exists for denying, suspending, or revoking an Oil Transfer License.

The Department may deny a person’s application for an Individual Oil Operations Permit or suspend or revoke a permittee’s Individual Oil Operations Permit if the Department determines that:

Once the Department denies a person’s application to renew an Individual Oil Operations Permit or suspends or revokes a person’s Individual Oil Operations Permit, the person shall cease activities authorized under the permit in a manner determined by the Department.

The Department may modify an Individual Oil Operations Permit as necessary to carry out the intent and purpose of COMAR 26.10 and a permittee may submit to the Department a request to modify an Individual Oil Operations Permit to implement a substantial change listed in §B(2)(b) of this regulation.

Before implementing a change, a permittee shall submit a request to the Department to modify an Individual Oil Operations Permit for one or more of the following substantial changes in either the size or scope of the permitted oil operation or in the information provided to the Department in the permit application:

A permittee requesting a modification of an Individual Oil Operational Permit shall submit to the Department a request in writing on company letterhead and signed by the permittee.

The Department may deny a permittee’s request to modify an Individual Oil Operations Permit for the reasons provided under §B(1) of this regulation.

A violation of a condition specified under Regulation .09B of this chapter under which the permittee is required to comply with in the operation an oil storage facility or oil handling facility has occurred;

A violation of an applicable federal, State, or local requirement related to oil pollution has occurred;

A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

False or inaccurate information or data was provided in a document required to be submitted to the Department under Regulation .09B of this chapter;

A permittee’s continued operation of an oil storage facility or oil handling facility under the General Oil Operations Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

Any other good cause exists for suspending or revoking the authorization provided under Regulation .09B of this chapter.

To deliver heating oil to residential heating oil tanks; and

To employ persons to deliver heating oil to residential heating oil tanks.

A functioning vent whistle with proper vent sizing;

A functioning visual or audible overfill alarm; or

A person confirming there is sufficient ullage in the residential heating oil tank for the planned delivery volume.

The Department in accordance with Regulation .05 of this chapter;

An individual living at the property; and

The owner of the residential heating oil tank.

A homeowner may deliver heating oil to a residential heating oil tank owned by the homeowner.

A homeowner delivering heating oil to a residential heating oil tank owned by the homeowner shall:

NFPA 30 “Flammable and Combustible Liquids Code”; and

NFPA 31 “Standard for the Installation of Oil-Burning Equipment”;

UL listed for aboveground use or a storage tank designed and constructed for aboveground use in accordance with a Department-approved industry standard; and

Placed on a foundation designed to minimize:

The residential heating oil tank from floating; and

A spill, release or discharge of heating oil from the residential heating oil tank; and

UL listed for underground use or a storage tank designed and constructed for underground use in accordance with a Department-approved industry standard;

Constructed of corrosion protected steel or fiberglass reinforced plastic; and

Protected from corrosion in accordance with:

Remove all flammable or combustible liquids from the storage tank and piping;

Dispose of all flammable and combustible liquids in accordance with federal, State, and local laws;

Remove the residential heating oil tank from the property;

Remove all piping and piping connections used for supplying heating oil between the storage tank and the heating system; and

Remove all fill and vent pipes or fill the pipes with cement to prevent accidental filling.

NFPA 30 “Flammable and Combustible Liquids Code”;

NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”; and

PEI/RP1000-14 “Recommended Practices for the Installation of Marina Fueling Systems”; and

A professional engineer;

An individual certified as a UST system technician in accordance with COMAR 26.10.06;

A certified inspector, as defined in COMAR 26.10.17.02B; or

An authorized inspector, as defined in COMAR 26.10.18.02B.

Located on-shore and near to the approach to the fueling pier;

Located outside of any secondary containment area;

Grouped in one location;

In a waterproof containment sump that is not locked or bolted closed; and

Identified by a sign stating “EMERGENCY FUEL SHUTOFF VALVE” in 2-inch minimum red capital letters;

Are installed in accordance with NFPA 70 “National Electrical Code”; and

Include emergency shut-off switches:

Is UL listed or approved for the fuel being dispensed;

Is compatible with the product piping;

Has a containment sump that does not leak; and

Has a UL listed shear valve placed and properly anchored at the dispenser in accordance with manufacturer requirements;

Between an AST and the bulkhead complies with COMAR 26.10.03.02 and 26.10.05.01 and .02; and

May be used between the bulkhead and the dispenser only if the underground piping has UL listed flexible double-walled construction:

Includes:

Connects to the floating pier piping in a leak-proof containment sump with:

Be familiar with the dispensing systems and emergency shutoff controls;

Prevent the dispensing of oil into improper portable containers;

Ensure vessels are properly moored and all fueling connections are made;

Be within 15 feet of the dispensing controls during a fueling operation; and

Maintain a direct, clear, and unobstructed view of both the vessel fuel filler neck and the emergency pump shutoff; and

Stores a sufficient quantity of sorbent materials that can float on water to contain a minimum of 25 gallons of oil; and

The person in charge of the marina inspects monthly to ensure supplies of sorbent materials are maintained.

A to-scale site diagram that identifies the:

A detailed description of:

Notify the applicant in writing that the application is not complete and additional information is required to determine whether the proposed oil solidification/stabilization operation is consistent with all applicable requirements of this chapter, COMAR 26.10, and other State laws and regulations;

Issue an Individual Oil Operations Permit to the applicant in accordance with Regulation .11G and H of this chapter; or

Deny the application for an Individual Oil Operations Permit in accordance with Regulation .12 of this chapter.

Deny an application for an Individual Oil Operations Permit for a proposed oil solidification/stabilization operation; or

Suspend or revoke an Individual Oil Operations Permit under which an oil solidification/stabilization operation is permitted.

A hazardous substance; or

Sludge, refuse, or other mixed waste from a gasoline storage tank system;

Included in the solidification/stabilization process;

Managed under a State discharge permit or National Pollutant Discharge Elimination System permit; or

Disposed of at a facility permitted for the treatment of oily water;

Clean the area surrounding the solidification/stabilization area of all oily substances; and

Cover and secure the solidification/stabilization process area so that the contents are not exposed to stormwater;

Certification by a generator of oil sludge, oil refuse, or oil mixed with other waste that the material is in compliance with §C(1) of this regulation;

Analytical data demonstrating the oil sludge, oil refuse, or oil mixed with other waste accepted at the oil storage facility or oil handling facility is in compliance with §C(1) of this regulation; and

A copy of each approval from the receiving facility where the oil solidification/stabilization end product was accepted and disposed, including analytical data; and

The Maryland Department of Transportation requirements for transportation of hazardous materials under COMAR 11.16.01 and motor carrier safety under COMAR 11.21.01; and

NFPA 385 “Standard for Tank Vehicles for Flammable and Combustible Liquids”.

Truck tank, transport, and oil delivery operations;

The oil pollution control and storage tank system provisions in COMAR 26.10.01—26.10.04, 26.10.17, and 26.10.18;

The requirement for the reporting, containment, and removal of an oil spill, release, or discharge; and

The conditions of the permittee’s Individual Oil Operations Permit;

Materials to be used for the prompt containment and removal of an oil spill, release, or discharge; and

One portable fire extinguisher that has a minimum rating of 4-A:40-B:C, or at least two portable fire extinguishers with a rating of 2-A:20-B:C;

U.S. Department of Transportation number for each interstate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil; and

Maryland State Highway Administration identification number for each intrastate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil;

In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill; or

Visibly spilling or releasing oil;

In poor or damaged condition; or

In an unstable condition.

Maintains sufficient spill containment materials for a spill, release, or discharge of, at a minimum, 100 gallons of oil on land or in waters of the State; and

Locates the spill containment materials in an easily identifiable area near to where fueling operations occur.

In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill;

Proper hoses and fittings will be used in the delivery of oil;

The transfer hoses are not damaged; and

All transfer hose connections are tight; and

Gauge the storage tank and record ullage and amount of oil delivered;

Use a functioning vent whistle or other overfill device;

Verify with the facility’s person in charge:

Use another method approved by the Department.

Pave the loading/unloading rack or transfer area with a material that has a permeability of 10^-7 centimeters/second or less and is resistant to oil;

Maintain the pavement installed in accordance with §B(1)(a) of this regulation to prevent cracking and holes;

Design the loading/unloading rack or transfer area to prevent the entrance of stormwater or wastewater runoff into the loading/unloading rack or transfer area;

Cover the loading/unloading rack or transfer area with a roof;

Include a containment system that prevents oil or stormwater containing oil from discharging to waters of the State by:

Install one or more of the following to prevent a spill, release, or discharge of oil:

Report the spill, release, or discharge immediately to the Department in accordance with Regulation .05 of this chapter;

Immediately begin the removal of oil; and

Handle the oil and all removal debris in accordance with all State, federal, and local requirements.

That are appropriate for:

For use in the containment and removal of spilled, released, or discharged oil.

Make copies of data, records, and information pertaining to the facility and the operation of the facility;

Collect air, surface or groundwater, soil, and vegetation samples or samples of other materials on-site as determined necessary by the Department; and

Obtain photographic or videographic documentation or evidence.

The requirements of this chapter, COMAR 26.10.02—26.10.12, and 26.10.16; and

The applicable documents incorporated by reference under Regulation .03 of this chapter;

The requirements of this chapter and COMAR 26.10.17 and 26.10.18; and

The applicable documents incorporated by reference under Regulation .03 of this chapter; and

Owned or controlled by the owner, the operator, and the person in charge of the facility; and

Used in connection with the business or operation of that property by persons within the employ of such business or operation.

Installing fixed suppression systems, automatic fire detection systems, or manual fire alarm stations;

Transmitting alarms to an off-site supervising fire alarm station located at the oil storage facility or another off-site location; or

Limiting the quantity of motor fuel dispensed per transaction;

Emergency response authorities;

A person in charge at the facility; and

The Department;

If oil-bearing waste or wastewater enters a publicly-owned wastewater treatment system, obtain and operate under a Pretreatment Permit issued by:

If oil-bearing waste or wastewater enter into a storm drain system, install an oil/water separating system that is properly:

Training elements;

Oil spill, release, or discharge contingency elements;

Removal equipment elements; and

All of the elements required to be included in a response plan under 33 CFR Part 154, Subpart F.

A new Individual Oil Operations Permit; and

A renewal of an Individual Oil Operations Permit.

Maintain an approved response plan at the marine oil facility; and

Make the approved response plan available for review upon request by the Department.

During an oil transfer operation; and

In the event of an overfill of a storage tank.

Prior to commencing an oil transfer operation, an owner, an operator, and a person in charge of the marine oil facility confirms that the volume available in the receiving storage tank is greater than the volume of oil to be transferred;

The continuous monitoring of an oil transfer operation by manual or automatic means until the transfer of oil is complete;

A storage tank fill valve not in use during an oil transfer operation is closed and secured; and

The transfer of oil only occurs into a storage tank designated to receive the oil.

Storage tanks receiving asphalt (CAS8052424) from a tank vessel are exempt from the requirements of §B(3) of this regulation.

An owner and an operator of a marine oil facility shall:

If an AST is equipped with a high level alarm in accordance with §B(3)(b)(ii) of this regulation, an owner and an operator of a marine oil facility shall install a high level alarm that:

Monthly; or

Before a receipt of oil.

Maintain records of testing at the marine oil facility; and

Make the records of testing available for review by a representative of the Department upon request.

Training elements;

Oil spill, release, or discharge contingency elements;

Removal equipment elements; and

All of the elements required to be included in a response plan under 33 CFR Part 155, Subpart D.

The requirements of §B(1) and (2) of this regulation do not apply to a public vessel.

An owner and an operator of a tank vessel shall ensure that a tank vessel transporting oil in the State is accompanied by an all-weather escort vessel.

The crew on an escort vessel shall continuously check for any evidence of an oil spill, release, or discharge from the escorted tank vessel.

A vessel supplying propulsion to the tank vessel does not fulfill the requirement for an all-weather escort vessel.

Equip the tank vessel with a cargo level monitoring system;

Ensure the tank vessel’s double hulls are designed in compliance with 33 CFR §157.10(d); or

Have a Department approved plan prepared by the owner and the operator of the tank vessel that provides for visual or another method of inspection of load lines or draft markings for the tank vessel that will determine the existence of an oil spill, release, or discharge from the tank vessel.

Maintain the cargo level monitoring system of the tank vessel in full working order; and

Correct a malfunction of equipment before getting the tank vessel underway.

The tank vessel is carrying oil removed from:

The tank vessel is not owned or operated by the person responsible for the discharge resulting in the need for removal of oil from waters of the State.

Two out of the three following ratios:

Net working capital and tangible net worth that are individually at least six times the bond amount required under §C(1) of this regulation;

Tangible net worth of at least $10,000,000; and

Assets located in the United States amounting to at least:

A current rating for the most recent bond issuance of:

A parent corporation that meets the requirements of §D(1)(b)—(d) of this regulation; and

An absolute guaranty by the parent corporation of the owner and the operator of the tank vessel.

The costs incurred by the Department to eliminate the residue of the oil spill, release, or discharge;

Damage caused to the natural and recreational resources of the State; and

Any uncollectible penalty levied against the owner and the operator of the tank vessel; and

To an alleged violator of a provision of Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland or of any oil pollution control and storage tank management provision of COMAR 26.10; and

That specifies the following information:

An order requiring the alleged violator take necessary corrective action within the time prescribed in the order;

A notice requiring an alleged violator file a written report with the Department regarding the alleged violation;

A notice requiring the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or

A notice requiring the alleged violator file a written report with the Department regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint; and

May not issue an order to the alleged violator that requires corrective action be taken as a result of the alleged violation before expiration of the time set for filing a written report and for holding a hearing required under §A(2)(b)—(d) of this regulation; and

May issue an order requiring corrective action be taken within the time prescribed in the order, after the expiration of the time set for filing the written report and holding the hearing required under §A(2)(b)—(d) of this regulation.

An order from the Department requiring a corrective action issued under §A(2)(a) of this regulation; or

A notice from the Department requiring the person to file a written report regarding an alleged violation issued under §A(2)(b) of this regulation.

A hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act; or

A mixture of a hazardous waste, as described under §B(1)(a) of this regulation, and other regulated substances;

A wastewater treatment tank system not covered under §B(2) of this regulation;

An AST associated with:

A UST system containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. §§2011—2296b-7); and

A UST system that is part of an emergency generator system at a nuclear power generation facility licensed by the Nuclear Regulatory Commission and subject to the Nuclear Regulatory Commission’s requirements regarding design and quality criteria including, but not limited to, 10 CFR Part 50.

A relevant statute;

COMAR 26.10.01; or

If not defined in a relevant statute or COMAR 26.10.01, the meaning attributed by common use.

“Aboveground release” means a spill, release, or discharge to the surface of the land or to surface water.

“Aboveground release” includes, but is not limited to:

“Belowground release” means a spill, release, or discharge to the subsurface of the land, groundwater, or both.

“Belowground release” includes, but is not limited to:

“Bulk oil storage” means the storage of oil in a UST system that is not excluded under Regulation .01B of this chapter; and

“Bulk oil storage” does not include the storage of oil in a UST system for consumptive use.

“Connected piping” means all underground piping, including valves, elbows, joints, flanges, and flexible connectors, attached to a UST system through which a regulated substance or petroleum vapor flows.

“Connected piping” includes, for the purpose of determining how much piping is connected to an individual UST system, the piping that joins two UST systems with the piping allocated equally between the UST systems.

“Consumptive use” means heating oil consumed on the premises.

“Consumptive use” does not include the use of fuel oil in an emergency generator.

“Excavation zone” means the volume containing one or more UST systems and backfill material bounded by the ground surface, walls, and floor of a pit and trenches into which a UST system is placed at the time of installation.

“Excavation zone” includes a storage tank field.

A storage tank constructed of concrete that is poured in the field; or

A steel or fiberglass storage tank primarily fabricated in the field.

“Groundwater drain system” means a permanent installation of a horizontal pipe or gravel trench intercepting the excavation zone of a UST for the purpose of removing, directing, or relieving groundwater accumulation to an alternative location.

“Groundwater drain system” does not include a temporary sump pump or temporary well point dewatering system.

“Hazardous substance UST system” means a UST system that contains a hazardous substance or any mixture of a hazardous substance and petroleum.

“Hazardous substance UST system” does not include a petroleum UST system or a hazardous waste tank regulated under Subtitle C of the Resource Conservation and Recovery Act.

Obtained all federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the UST system; and

Either:

Collecting oil, water, and other liquids;

Temporarily collecting liquids for subsequent disposition or reinjection into a production or pipeline stream; or

Collecting and separating liquids from a gas stream.

“Petroleum UST system” means a UST system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances.

“Petroleum UST system” includes a UST system that may contain motor fuel, jet fuel, distillate fuel oil, residual fuel oil, heating oil, lubricant, petroleum solvent, or used oil.

For UST system tightness approved by the Department;

Conducted in accordance with the manufacturer’s test procedure, a test method with third party approval, or standards approved by the Department; and

Capable of detecting a 0.1 gallon per hour leak rate from any portion of a UST system, while accounting for the effects of:

From a UST system into the environment;

Into the interstitial space between a UST system and the secondary barrier of the UST system; or

Into the secondary containment around a UST system.

Caused a release of a regulated substance from the UST system;

Failed to function properly; or

Been rendered inoperable in any way.

A UST; or

40 percent or more of piping connected to a single UST, including each independent piping run connected to a UST with multiple piping runs.

“Stormwater or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of:

“Stormwater or wastewater collection system” does not include the treatment of stormwater or wastewater, except where treatment is incidental to conveyance of stormwater or wastewater.

Designed to prevent a spill, release, or discharge from the dispenser and piping within or above the under-dispenser containment from reaching soil or groundwater;

Liquid-tight on the sides, bottom, and at any penetration of the containment;

Compatible with the regulated substance conveyed by the piping;

Tested in accordance with COMAR 26.10.03.03; and

Allows for visual inspection and access to the components in the containment, or the periodic monitoring of the containment for leaks from the dispenser system.

The addition or retrofit of a system designed to prevent the spill, release, or discharge of product from a UST system, such as an interior lining, cathodic protection, or spill and overfill controls; or

The replacement of any underground piping connected to a storage tank system.

“UST” means one storage tank or a combination of storage tanks, including underground pipes connected to the storage tank, in which the volume of the storage tank and connected underground pipes is 10 percent or more beneath the surface of the ground.

“UST” does not include:

The responsible party;

The owner of the property where the regulated substance release occurred;

The owner of the regulated substance;

The owner and the operator of the UST system storing the regulated substance;

The person in charge of the facility, vessel, or vehicle involved in the release; and

If a release occurs from an improperly abandoned UST system, the current landowner and any person who owned, leased, or was otherwise responsible for the UST system at the time it was improperly abandoned.

The Department may serve a written notification to the owner and the operator of the UST system that specifies the Department’s determination, the regulatory provisions violated, and the facts that constitute the violation;

Subsequent to or concurrent with service of the written notification provided in §C(2)(a) of this regulation, the Department may:

The owner and the operator of the UST system notify the Department that the corrective actions necessary to bring the UST system into compliance have been performed;

The owner and the operator of the UST system submit to the Department evidence of the corrective actions performed that includes at least the following records:

The owner and the operator of the UST system have resolved all obligations related to the UST system as directed by the Department or in compliance with an order issued by the Department under §C(2)(b) of this regulation; and

The owner and the operator of the UST system receive written approval from the Department to remove the monitoring device from the UST system.

As provided under Environment Article, §4-412, Annotated Code of Maryland, an owner and an operator of a UST system served an order under §C(2)(b) of this regulation shall have an opportunity for a contested case hearing if the owner and the operator of the UST system files a written request with the Department not later than 10 calendar days from the date the order was served.

The filing of a hearing request made in accordance with §C(4)(a) of this regulation does not stay the:

The Department shall conduct a contested case hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

The installation, upgrade, and repair of a UST system is performed by or under the supervision of a certified UST system technician;

The closure or change-in-service of a UST system is performed by or under the supervision of a certified UST system technician or remover; and

Inspections required under COMAR 26.10.03.10 are performed by or under the supervision of a certified UST system inspector.

The installation, upgrade, and repair of a UST system or the underground piping associated with a storage tank is performed in the continuous on-site presence and under the direction of a certified UST system technician; and

The closure or a change-in-service of a UST system, underground farm tank, underground residential tank, an underground residential heating oil tank, or the underground piping associated with a storage tank is performed in the continuous on-site presence and direction of a certified UST system technician or remover.

Ensure proper operation of all spill and overfill, corrosion protection, and release detection equipment; and

Prevent a spill, release, or discharge;

Make the facility where the UST system is located available for reasonable inspection by the Secretary or the Secretary’s authorized representative; and

During an inspection, allow the Secretary or the Secretary’s authorized representative to:

A violation of a condition specified under §A of this regulation has occurred;

A violation of an applicable federal, State, or local requirement related to the management of a regulated substance has occurred;

A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

False or inaccurate information or data was provided in a document required to be submitted under this regulation to the Department;

A permittee’s continued operation of a UST system under the General UST System Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

Any other good cause exists for suspending or revoking the authorization.

Have the contested case hearing rights provided under COMAR 26.10.01.24B and Environment Article, §4-412, Annotated Code of Maryland; and

In the case of a release of a hazardous substance from a UST system, have the contested case hearing rights provided under Environment Article, §7-261, Annotated Code of Maryland.

The UST is constructed of UL listed fiberglass-reinforced plastic;

The UST is constructed of steel, is coated with a suitable dielectric material, and has one of the following cathodic protection systems:

The UST is constructed of steel and clad or jacketed with a non-corrodible material that is UL listed or approved by STI; or

Subject to the approval of the Department, the UST is constructed and protected from corrosion by an alternative installation method that is designed to prevent a spill, release, or discharge or a threatened spill, release, or discharge of a stored regulated substance in a manner determined by the Department to be as protective of public health, safety, and welfare and the environment as the USTs described in §B(1)(a)—(c) of this regulation.

Operate and maintain the cathodic protection system in accordance with COMAR 26.10.04.02; and

If the UST cathodic protection system is an impressed current system, ensure the impressed current system is designed to allow for the determination of the current operating status as required in COMAR 26.10.04.02.

The owner and the operator submit to the Department a written certification from the UST manufacturer that states the previously installed UST is suitable for service; and

The Department has provided the owner and the operator written approval to install the previously installed UST;

Contains the petroleum vapor or regulated substance released from the primary piping until the petroleum vapor or regulated substance is detected and removed;

Prevents a spill, release, or discharge of petroleum vapor or a regulated substance to the environment; and

With the exception of the vent riser, beginning June 13, 2022, terminates or connects in a liquid tight containment sump with a sump sensor:

The piping and connectors are constructed of fiberglass-reinforced plastic or flexible piping that is UL listed as appropriate piping for the regulated substance stored and for use in a UST system;

The piping is constructed of steel, is coated with a suitable dielectric material, and has a cathodic protection system designed by a corrosion expert; or

Subject to the approval of the Department, the piping is constructed and protected from corrosion by an alternative installation method that is designed to prevent a spill, release, or discharge or a threatened spill, release, or discharge of a stored regulated substance in a manner determined by the Department to be as protective of public health, safety, and welfare and the environment as the types of piping described in §B(1)(a) and (b) of this regulation.

Operate and maintain the piping cathodic protection system in accordance with COMAR 26.10.04.02; and

If the piping cathodic protection system is an impressed current system, ensure the impressed current system is designed to allow for the determination of the current operating status as required in COMAR 26.10.04.02.

Install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST;

Beginning November 4, 1996, install a spill catchment basin with a minimum capacity of 5 gallons at the fill pipe of a new, replacement, or upgraded UST system that receives used oil;

Beginning July 1, 1998, install a spill catchment basin with a minimum capacity of 5 gallons at the Stage I vapor recovery connection on a new or replacement UST system that utilizes Stage I vapor recovery; and

Test spill prevention equipment for tightness using a method approved by the Department at the following frequency:

Shall ensure overfill prevention equipment:

May not install or replace a flow restrictor in a vent line to comply with §A(2)(a) of this regulation after June 13, 2022;

Shall have a UST system inspector or technician certified under COMAR 26.10.06 or a precision tightness tester certified by a test method recognized by the Department conduct an inspection and functional test of overfill prevention equipment as follows:

Shall conduct inspections and functional tests of overfill prevention equipment in accordance with the procedures in §A(2)(c) of this regulation at the following frequency:

Ensure a containment sump prevents the release of a regulated substance into the environment;

Use a containment sump for all connections of piping to or from a UST and to or from a dispenser; and

Test a containment sump for tightness using a method approved by the Department at the following frequency:

Maintain test records that include at least the following information:

Keep the test records on file at the regulated substance storage facility or at a location designated by and under the control of the owner and the operator of the UST system for as long as the UST system is used to store a regulated substance; and

Make the records available to the Department upon request.

Vertically and in opposing corners of a new or replacement UST system excavation zone;

That extend to a minimum depth of 2 feet below the bottom of the UST in the excavation zone;

Constructed of schedule 40 polyvinyl chloride (PVC);

That are a minimum of 4 inches in diameter;

Constructed with PVC screened pipe from the bottom to within 2 feet of the top of a monitoring pipe, with the remaining 2 feet being constructed of solid PVC; and

That have a minimum slot size of 0.020 inches and maximum slot size of 0.025 inches with not less than 30 slots per foot; and

Backfilling around the outside of the monitoring pipes with fine pea gravel or wrapping the monitoring pipes in an appropriate filter cloth to prevent clogging;

Sealing around the top 8 inches to ground surface with a bentonite clay and concrete mixture or by other means to prevent the entrance of surface water runoff;

Capping the monitoring pipes with a liquid-tight threaded cap or removable liquid-tight plug;

Protecting the monitoring pipes from traffic with a manhole and cover;

Locking or bolting closed the monitoring pipes;

Identifying the monitoring pipes to avoid confusion with product fill lines; and

Having a key or locking tool for the monitoring pipes kept at the regulated substance storage facility.

Pea gravel not larger than 3/4 of an inch; or

Crushed stone not larger than 1/2 of an inch;

The commercial name of the test equipment;

The name of the testing company;

The name of the individual conducting the test;

The date of the test;

The data accumulated by the test; and

The results of the precision tightness test.

The UST system is protected against corrosion in accordance with the requirements of this chapter;

The UST system is installed in accordance with the requirements of this chapter; and

The owner and the operator of the UST system conduct monthly release detection monitoring of the UST system in accordance with COMAR 26.10.05.

Conduct a precision tightness test on the UST system:

Conduct a precision tightness test on the UST system immediately upon receipt of a notice from the Department to conduct a precision tightness test.

Greater than 10 percent ethanol;

Greater than 20 percent biodiesel; or

Any other regulated substance identified by the Department; and

The closure requirements under COMAR 26.10.10; and

The reporting and corrective action requirements under COMAR 26.10.08 and 26.10.09.

Upon installation, the existing UST system was installed in accordance with the performance standards under Regulations .01B, .02B, .03A(1)(a) and (2)(a), and .07A of this chapter; or

The existing UST system was upgraded on or before December 22, 1998 in accordance with the requirements under §§D—F of this regulation.

Internally inspect and assess the UST to ensure the storage tank is structurally sound and free of corrosion holes;

Demonstrate the UST was not installed before December 22, 1988, and the UST has been monitored monthly for releases in accordance with COMAR 26.10.05.05E—H;

Demonstrate the UST was not installed before December 22, 1988, and the UST has been assessed by conducting two precision tightness tests meeting requirements of Regulation .05A—C of this chapter and the following testing schedule:

Demonstrate that the UST was assessed for corrosion holes using a method determined by the Department to prevent spills, releases, and discharges in a manner that is not less protective of public health, safety, and welfare and the environment than the methods specified under §D(2)(a)—(c) of this regulation.

Before applying the interior lining, determine if there is evidence of a spill, release, or discharge from the UST system where a spill, release, or discharge is most likely to be present;

Apply the interior lining:

Install a cathodic protection system that meets the performance standards for cathodic protection under Regulation .01B(1)(b)(i) and (3);

Conduct a precision tightness test on the UST system in accordance with Regulation .05A—C of this chapter before placing the UST system back into service;

Maintain, and make available for inspection by the Department upon request, a written certification from the contractors that performed the work required under §D(3)(a)—(d) of this regulation that states all work was performed in accordance with the requirements of this regulation; and

Internally inspect the lined UST within the first 10 years after applying the lining and at least every 5 years thereafter, with the results of each inspection finding that the lining is structurally sound and performing in accordance with the original design specifications.

Installation of a new or replacement UST system; or

Acquisition of a new or replacement UST system;

The return of a temporarily closed UST system to in-service status;

A change in the regulated substance stored;

A change-in-service to store a non-regulated substance in a UST system;

An upgrade of an existing UST system;

The temporary closure or permanent closure of a UST system; or

If applicable, an owner of UST system being released from the requirement to maintain financial responsibility or obtaining coverage under an alternate mechanism of financial responsibility; and

If amending the registration for a registered UST system, information remaining unchanged since the last registration form was submitted for the UST system;

A certification of the UST system owner’s compliance with the:

If the UST system is used in the operation of a commercial or business entity, certification and proof that:

A certification from a certified UST system technician that the methods used to install the UST system comply with the requirements in COMAR 26.10.02—26.10.12 and 26.10.16.

If the UST system was installed before January 16, 2006, within 30 days of receiving a notification from the Department to complete an inspection; and

If the UST system was installed on or after January 16, 2006, within 6 months of the UST system installation;

At least once every 3 years following the most recent inspection;

Within 30 days of receiving a notification from the Department to complete an inspection; and

If the ownership of the UST system changes, within 3 months of the change in ownership.

Within 30 days of the deadline to complete an inspection established under §B or C of this regulation;

Completed by a certified UST system inspector;

Signed by the certified UST system inspector that conducted the inspection; and

Signed by the owner, the operator, and the person in charge of the UST system; and

Correct all of the deficiencies identified during the inspection in accordance with the UST system requirements under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16; and

Submit to the Department proof of corrective actions performed to correct the deficiencies.

A spill, release, or discharge of a regulated substance does not occur due to overfilling the UST or spilling a regulated substance during the transfer; and

The delivery or transfer operation is constantly monitored to prevent overfilling of the UST and spilling of a regulated substance;

Each day of operation, measure the liquid level of the UST using a gauging stick or an electronic method and reconcile the results with:

Perform inventory in accordance with “USEPA Doing Inventory Control Right for Underground Storage Tanks”; and

Review reconciled inventory records in accordance with the inventory control requirements in COMAR 26.10.05.04.

For 5 years at the regulated substance storage facility where the UST system is located, or another location designated by the owner of the UST system; and

In accordance with Regulation .05 of this chapter.

A UST system that stores a flammable substance; or

A UST system with a capacity greater than 1,100 gallons that stores a combustible substance;

Install a permanent tag or sign immediately adjacent to the fill pipe that states the size of the UST and the specific type of regulated substance being stored; or

Use a color code that conforms to the following requirements:

Test a field-installed cathodic protection system within 6 months of installation, and at least annually thereafter; and

Test a factory-installed cathodic protection system within 6 months of installation, and at least once every 3 years thereafter;

Notify the Department of the failed test in compliance with the suspected spill, release, or discharge reporting requirements in COMAR 26.10.08.01; and

Repair the cathodic protection system in accordance with a NACE or STI code of practice within 60 days of the failed test; and

Inspect the UST system at least every 60 days to ensure that the impressed current system is functioning properly; and

Have a complete assessment of the impressed current system performed by a corrosion expert:

The results of the last three inspections and the last assessment of an impressed current system conducted in accordance with §B(4) of this regulation; and

The results of testing from the last two inspections of a cathodic protection system conducted in accordance with §B(2) of this regulation.

On a monthly basis or, if the UST system receives deliveries at intervals greater than 30 days, prior to each delivery; and

By completing the following tasks:

The equipment is operating with no alarms or other unusual operating conditions present; and

The records of release detection testing are reviewed and are current;

Visually checking the containment sumps for damage;

Checking for a release in the containment area and a spill, release, or discharge to the environment;

Removing liquid and debris from the containment sumps; and

For double-walled containment sumps with interstitial monitoring, checking for a release in the interstitial area; and

A list of each area checked during the inspection;

Whether an area inspected was acceptable or needed action taken;

If an action was taken to correct an issue, a description of the action taken; and

Delivery records if the spill prevention equipment is checked prior to a delivery because deliveries occur at intervals greater than 30 days.

By an authorized representative of the UST manufacturer; or

In accordance with a code of practice developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03;

A spill, release, or discharge of a regulated substance; or

An imminent threat of a spill, release, or discharge of a regulated substance, as determined by the Department;

The manufacturer’s instructions;

A code of practice developed by a nationally recognized association incorporated by reference under COMAR 26.10.01.03; or

Requirements established by the Department; and

To ensure the cathodic protection system is operating properly; and

In accordance with Regulation .02B of this chapter.

The regulated substance storage facility where the UST system is located; and

An alternative site where records regarding the operation of the UST system are maintained;

Make copies of data, records, and information pertaining to the UST system;

Collect air, ground or surface water, soil, and vegetation samples or samples of other materials on-site as determined necessary by the Department; and

Obtain photographic or videographic documentation or evidence; and

The regulated substance storage facility where the UST system is located; or

A readily available alternative site under the control of the UST system owner.

The manufacturer’s instructions;

A code of practice incorporated by reference under COMAR 26.10.01.03; or

Requirements determined by the Department to be not less protective of human health and the environment than §A(3)(a) or (b) of this regulation;

The manufacturer’s instructions;

A code of practice incorporated by reference under COMAR 26.10.01.03; or

Requirements determined by the Department to be not less protective of human health and the environment than §C(1)(a) or (b) of this regulation;

For the automatic tank gauge and other controllers:

For the probes and sensors:

Test the operation of the automatic line leak detector to meet the criteria in Regulation .02D(2) of this chapter by simulating a leak;

Ensure the proper communication of the vacuum pumps and pressure gauges with the sensors and controller; and

Ensure the proper operation of the hand-held electronic sampling equipment associated with groundwater monitoring;