<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 26.10.01.11" title_num="26" subtitle_num="10" chapter_num="01" heading="Requirements for the Application and Issuance of an Individual Oil Operations Permit.">
  <paragraph num="A.">
    <text>An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to obtain an Individual Oil Operations Permit under Regulation .09A of this chapter shall complete, on forms provided by the Department, and submit to the Department:</text>
    <paragraph num="(1)">
      <text>An application for an Individual Oil Operations Permit; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A plan for notification, containment, and removal of a spill, release, or discharge of oil.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the following additional documentation with the forms required under §A of this regulation to the Department:</text>
    <paragraph num="(1)">
      <text>Satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proof of Workers’ Compensation Insurance or, if not required, a certificate of compliance with the Maryland Workers’ Compensation Act;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the oil storage facility or oil handling facility is used in the operation of a commercial or business entity, certification and proof that:</text>
      <paragraph num="(a)">
        <text>The owner has registered the commercial or business entity with the Maryland Department of Assessments and Taxation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If a marine oil facility, an updated response plan in accordance with Regulation .21A of this chapter when requested by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall include in the plan for notification, containment, and removal required under §A of this regulation the following information to address containment and removal operations for an oil spill, release, or discharge:</text>
    <paragraph num="(1)">
      <text>A list of names and telephone numbers of individuals to be notified in the event of an oil spill, release, or discharge at the facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provisions for quick control of an oil spill, release, or discharge, including personnel assignments, equipment and personnel locations, and procedures necessary to obtain equipment and materials;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A list of contractors, equipment, and disposal facilities that may be used for containment and removal;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Confirmation the facility has an up-to-date federal SPCC Plan; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Additional information as requested by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the documents required in §§A—C of this regulation to the Department not later than 60 days prior to:</text>
    <paragraph num="(1)">
      <text>A new oil storage facility receiving, selling, or dispensing oil; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A new oil handling facility initiating oil operations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Renewal. A permittee shall submit an application for the renewal of an Individual Oil Operations Permit in accordance with §§A—C of this regulation not later than 60 days before the expiration of the Individual Oil Operations Permit.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Registration of an AST System. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required under Regulation .10 of this chapter to register each AST system located at the facility shall comply with the registration requirement by submitting a complete permit application in accordance with §§A—C of this regulation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>When issuing an Individual Oil Operations Permit, the Department shall:</text>
    <paragraph num="(1)">
      <text>Review an application for an Individual Oil Operations Permit submitted by an owner, an operator, and a person in charge of an oil storage facility or oil handling facility completed in accordance §§A—C of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Inspect each oil storage facility or oil handling facility for which the application was submitted, except for:</text>
      <paragraph num="(a)">
        <text>Truck tank and transport facilities having no AST systems; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Out-of-State oil delivery facilities; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Issue an Individual Oil Operations Permit to the applicant if the Department determines that:</text>
      <paragraph num="(a)">
        <text>The applicable requirements of COMAR 26.10 can be met;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A facility is properly and adequately equipped to prevent oil pollution, and to contain and remove oil spills, releases, and discharges;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An owner, an operator, and a person in charge of an oil storage facility or oil handling facility has:</text>
        <paragraph num="(i)">
          <text>No tax liabilities with the Maryland Comptroller’s Office;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Submitted to the Department satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Provided proof that Workers’ Compensation Insurance requirements have been satisfied; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Provided proof that the person is registered with the Maryland Department of Assessments and Taxation and is in good standing with the State.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Permit Effective Period. An Individual Oil Operations Permit issued by the Department has an effective period of 5 years, unless the permit is:</text>
    <paragraph num="(1)">
      <text>Surrendered, suspended, revoked, or otherwise terminated by the Department; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Issued by the Department, with reasons stated, with an effective period of less than 5 years.</text>
    </paragraph>
  </paragraph>
</regulation>