<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 26.10.01.07" title_num="26" subtitle_num="10" chapter_num="01" heading="Site Status Letters.">
  <paragraph num="A.">
    <text>The Department may issue notice of compliance, site condition, removal suspension, and final closure letters to either a person responsible for the discharge or any other person associated with a site subject to regulatory requirements under this subtitle.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Notice of Compliance Letter. The Department shall issue, upon request, a notice of compliance letter to a person who has received from the Department a notice of a violation of one or more of the regulatory provisions of this subtitle after the violation is corrected to the satisfaction of the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Site Condition Letter. The Department shall issue, upon request, a site condition letter stating whether:</text>
    <paragraph num="(1)">
      <text>The Department requires corrective action at a site; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A site is in compliance with the regulations of this subtitle.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Removal Suspension Letter.</text>
    <paragraph num="(1)">
      <text>Unless otherwise provided under §F of this regulation, the Department shall issue, upon request, a removal suspension letter if the Department determines that no further treatment of soil, groundwater or surface water is required for a specific spill, release, or discharge undergoing corrective action in accordance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After receiving a removal suspension letter, a person responsible for the discharge or a person performing a removal shall continue to monitor a site as may be required by the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a removal suspension letter is issued, the letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Final Closure Letter.</text>
    <paragraph num="(1)">
      <text>Unless otherwise provided under §F of this regulation, the Department shall issue a final closure letter after the Department determines that a site where a spill, release, or discharge of oil occurred is in compliance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall state in a final closure letter that a person responsible for the discharge or a person performing a removal is released from any additional corrective action under this subtitle regarding a spill, release, or discharge, except in those circumstances described under §F of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A final closure letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The Department may require a person responsible for the discharge or a person performing a removal to take further remedial action at a site subject to a letter issued under §§B—E of this regulation if the Department determines that:</text>
    <paragraph num="(1)">
      <text>There is a threat to public health, safety, or welfare or the environment;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A spill, release, or discharge recurs as free phase oil product;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A letter issued under §D or E of this regulation was obtained through fraud or misrepresentation; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A new or previously undiscovered spill, release, or discharge of oil requires a corrective action under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland or the provisions of COMAR 26.10.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A purchaser of an oil-contaminated property may not be considered a person responsible for the discharge solely as a result of the purchase of the property, unless the purchaser meets the criteria for a person responsible for the discharge under Regulation .02B of this chapter.</text>
  </paragraph>
</regulation>