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<regulation prefix="Regulation" num=".05" citation="COMAR 26.10.01.05" title_num="26" subtitle_num="10" chapter_num="01" heading="Reporting an Oil Spill, Release, or Discharge.">
  <paragraph num="A.">
    <text>A person spilling, releasing, or discharging oil or allowing the spill, release, or discharge of oil, or who either actively or passively participates in a spill, release, or discharge of oil, either from a land-based installation, including vehicles in transit, or from any vessel, including a ship or boat of any kind, shall:</text>
    <paragraph num="(1)">
      <text>Report the incident to the Department immediately, but not later than 2 hours after detection of the spill, release, or discharge, in accordance with §B of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Remain available until clearance to leave the scene of the incident is given by the appropriate official as designated under §C of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A person reporting an oil spill, release, or discharge to the Department shall include in the report all of the following information:</text>
    <paragraph num="(1)">
      <text>Time and date of the spill, release, or discharge;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Location and cause of the spill, release, or discharge;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Mode of transportation or type of facility involved;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Type and quantity of oil spilled, released, or discharged;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Assistance required;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Name, address, and telephone number of the person making the report; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Any other pertinent information requested by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The authority to grant a person responsible for the discharge clearance to leave the scene of a spill, release, or discharge is designated as follows:</text>
    <paragraph num="(1)">
      <text>A representative of the Department may grant any person responsible for the discharge clearance to leave the scene either by telephone or in-person at the scene;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Without first giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of less than 250 gallons; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of more than 250 gallons.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Before granting a person responsible for the discharge clearance to leave the scene, the designated official shall obtain the person’s name, address, and telephone number as well as information on how the spill, release, or discharge occurred.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Written Report of the Occurrence.</text>
    <paragraph num="(1)">
      <text>A person responsible for the discharge shall submit a written report of the occurrence in accordance with the requirements of this section if:</text>
      <paragraph num="(a)">
        <text>5 gallons or more of oil was spilled, released, or discharged;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Oil was discharged to waters of the State, regardless of the amount of oil spilled, released, or discharged; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Directed by the Department to submit a written report of the occurrence.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within ten working days, or as directed by the Department, after completion of removal work required under Regulation .06 of this chapter, a person responsible for the discharge shall prepare a written report of the occurrence and promptly submit the report to the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person responsible for the discharge shall prepare the written report of the occurrence on company letterhead and include all of the following information:</text>
      <paragraph num="(a)">
        <text>Date, time, and place of the spill, release, or discharge;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Amount and type of oil spilled, released, or discharged;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A complete description of circumstances contributing to the spill, release, or discharge;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A complete description of the containment and removal operations performed, including disposal sites to which oil refuse was transported;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Procedures, methods, and precautions instituted to prevent recurrence of an oil spill, release, or discharge from the facility involved;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Any other information considered necessary or required by the Department for a complete description of the incident; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A certification that the information provided is true and correct to the knowledge of the person signing the report.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>