<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 26.10.01.06" title_num="26" subtitle_num="10" chapter_num="01" heading="Removal of an Oil Spill, Release, or Discharge.">
  <paragraph num="A.">
    <text>Responsibility for Performing a Removal.</text>
    <paragraph num="(1)">
      <text>The responsibility for the prompt control and removal of any oil spill, release, or discharge or threat of a spill, release, or discharge shall be with the person responsible for the discharge.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For spills, releases, or discharges occurring from an improperly abandoned storage tank system, the current landowners and any other person who owned, operated, leased, or was otherwise responsible for the storage tank system at the time it was abandoned shall also be responsible for the oil removal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A person’s responsibility under §A of this regulation shall continue until removal of the spill, release, or discharge or threat of a spill, release, or discharge has been accomplished to the satisfaction of the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A person shall accomplish the removal of oil by physical or mechanical means such as the use of skimming devices or vacuum systems, by the use of inert sorbent material, or by any other method specifically approved by the Department.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If sorbent material is employed, a person shall remove and dispose of the sorbent material in accordance with all federal, State, and local requirements.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A person may not use collecting agents, dispersants, or sinking agents except when authorized in writing by the Department.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Unless the appropriate federal official is directing the removal, the Department shall assume control of any spill, release, or discharge incident when the Department determines that a person responsible for the discharge is:</text>
    <paragraph num="(1)">
      <text>Not acting promptly to perform the removal of the spill, release, or discharge; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Not completing the removal in a manner that controls or rectifies the conditions constituting an emergency or hazard.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A person shall perform removal activities that are:</text>
    <paragraph num="(1)">
      <text>Consistent with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Not prohibited under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, the National Contingency Plan, or the directions of a Departmental or federal on-scene coordinator.</text>
    </paragraph>
  </paragraph>
</regulation>