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<regulation prefix="Regulation" num=".20" citation="COMAR 26.10.01.20" title_num="26" subtitle_num="10" chapter_num="01" heading="Requirements for Motor Fuel Dispensing Facilities.">
  <paragraph num="A.">
    <text>The requirements of this regulation apply to an owner, an operator, and a person in charge of a motor fuel dispensing facility.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An owner, an operator, and a person in charge of a motor fuel dispensing facility shall install and operate a storage tank system in accordance with the requirements of COMAR 26.10 as follows:</text>
    <paragraph num="(1)">
      <text>Install and operate a UST system in accordance with:</text>
      <paragraph num="(a)">
        <text>The requirements of this chapter, COMAR 26.10.02—26.10.12, and 26.10.16; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The applicable documents incorporated by reference under Regulation .03 of this chapter;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Install and operate an AST system in accordance with:</text>
      <paragraph num="(a)">
        <text>The requirements of this chapter and COMAR 26.10.17 and 26.10.18; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The applicable documents incorporated by reference under Regulation .03 of this chapter; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the motor fuel dispensing facility is located at a marina, comply with the requirements of Regulation .14 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An owner, an operator, and a person in charge of a motor fuel dispensing facility may not allow the dispensing of motor fuel at the facility unless:</text>
    <paragraph num="(1)">
      <text>The location is attended;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The owner, the operator, and the person in charge has received prior written approval from the Department to operate the location as an unattended motor fuel dispensing facility; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The location is a commercial, industrial, governmental, or manufacturing property where motor fuels are dispensed into the fuel tanks of motor vehicles or vessels that are:</text>
      <paragraph num="(a)">
        <text>Owned or controlled by the owner, the operator, and the person in charge of the facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Used in connection with the business or operation of that property by persons within the employ of such business or operation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Department may not provide written approval to an owner, an operator, and a person in charge of a marina with a motor fuel dispensing facility to operate the motor fuel dispensing facility unattended.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Pursuant to §C(2) of this regulation, the Department may provide written approval to an owner, an operator, and a person in charge of a motor fuel dispensing facility to operate the location unattended if the owner, the operator, and the person in charge of the facility:</text>
    <paragraph num="(1)">
      <text>Provide each customer with a unique means of authorization, such as a key card, membership card, or other method that identifies the specific customer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure the dispensers at the facility require a customer to input the unique authorization required under §E(1) of this regulation in order for motor fuel to be dispensed;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Install an emergency shut-off device or electrical disconnect that is readily accessible to customers for each group of dispensers on an individual dispenser island;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Confirm with the State Fire Marshall or local fire department whether the owner, the operator, and the person in charge of the motor fuel dispensing facility needs to employ additional fire protections such as:</text>
      <paragraph num="(a)">
        <text>Installing fixed suppression systems, automatic fire detection systems, or manual fire alarm stations;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Transmitting alarms to an off-site supervising fire alarm station located at the oil storage facility or another off-site location; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Limiting the quantity of motor fuel dispensed per transaction;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Provide the Department with documentation that confirms the installation of any additional fire protection methods at the facility under the direction of the State Fire Marshall or local fire department, as required under §E(4) of this regulation;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Conspicuously post operating instructions, warning signs, and emergency instructions in the dispensing area in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Provide on-site in a readily accessible location a telephone or other approved clearly identifiable means to notify the fire department in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>On a sign visible from the dispensing area that is not less than 8 x 10 inches in size with lettering not less than 1-inch high, conspicuously post emergency telephone numbers for contacting the following persons in the event of a suspected or confirmed spill, release or discharge, unusual operating conditions, emergency, or equipment failure:</text>
      <paragraph num="(a)">
        <text>Emergency response authorities;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A person in charge at the facility; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Department;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Provide at least one readily available spill containment kit clearly labeled and stored on-site to contain spills, releases, or discharges of less than 20 gallons; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>If the facility is a regulated substance storage facility, comply with the operator training requirements for designated Class A operators, Class B operators, and Class C operators of unattended facilities in accordance with COMAR 26.10.16.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If the Department determines that an owner, an operator, and a person in charge of an approved unattended motor fuel dispensing facility is not maintaining the operations of the facility in accordance with §E of this regulation, the Department may:</text>
    <paragraph num="(1)">
      <text>For a UST system, issue a notice of a delivery ban in accordance with COMAR 26.10.02.03C; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For an AST system, suspend or revoke an Individual or General Oil Operations Permit in accordance with Regulation .12 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>An owner, an operator, and a person in charge of a motor fuel dispensing facility with a sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility shall:</text>
    <paragraph num="(1)">
      <text>Comply with one of the following requirements:</text>
      <paragraph num="(a)">
        <text>If oil-bearing waste or wastewater enters a publicly-owned wastewater treatment system, obtain and operate under a Pretreatment Permit issued by:</text>
        <paragraph num="(i)">
          <text>The local municipal wastewater treatment utility with delegated authority by the Department to administer a Pretreatment Program in accordance with COMAR 26.08.08; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Department if the local municipal wastewater treatment utility does not have delegated authority to administer a Pretreatment Program; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If oil-bearing waste or wastewater enter into a storm drain system, install an oil/water separating system that is properly:</text>
        <paragraph num="(i)">
          <text>Designed to accommodate a worst case incident of a spill, release, or discharge;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Operated by a person in charge of the motor fuel dispensing facility;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Maintained to manufacturer specifications;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Inspected monthly; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Pumped out when oil has accumulated to greater than 1 inch in the retention chamber; and</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Obtain all the required permits for the sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility in accordance with federal, State and local laws and regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>A person in charge of a motor fuel dispensing facility shall dispose of used oil generated at the motor fuel dispensing facility:</text>
    <paragraph num="(1)">
      <text>In accordance with COMAR 26.10.15;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In a manner that prevents a spill, release, or discharge; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Using disposal methods required under applicable federal, State and local laws and regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>An owner, an operator, and a person in charge of a motor fuel dispenser facility may not install or use a dispenser hose that is greater than 18 feet in length.</text>
  </paragraph>
</regulation>