Regulation .01 Reporting of Suspected Spills, Releases, and Discharges.
Regulation .01 Reporting of Suspected Spills, Releases, and Discharges.LinkCopy Citation
A.
An owner and an operator of a storage tank system, a responsible party, and a person conducting a test on a storage tank system shall report to the Department a suspected spill, release, or discharge immediately, but not later than 2 hours after the discovery, and follow the investigation and confirmation procedures in Regulation .03 of this chapter if any of the following circumstances occur:
(1)
There is evidence of a spill, release, or discharge of oil;
(2)
There is evidence of a spill, release, or discharge of a regulated substance from a UST system;
(3)
A storage tank system fails a precision tightness test;
(4)
A storage tank system has two consecutive inconclusive precision tightness test results;
(5)
A storage tank system is determined to have a leak or there is evidence of a spill, release, or discharge of oil at an oil storage facility or oil handling facility, such as the presence of:
(a)
Dissolved product in groundwater;
(b)
Absorbed product in soils;
(c)
Free product in soils, a basement, a sewer or utility line, or waters of the State; or
(d)
Vapors in soils, a basement, a sewer or utility line, or waters of the State;
(6)
There is evidence of a spill, release, or discharge at a regulated substance storage facility or in the surrounding area, such as the presence of:
(a)
Dissolved product in groundwater;
(b)
Absorbed product in soils;
(c)
Free product in soils, a basement, a sewer or utility line, or waters of the State; or
(d)
Vapors in soils, a basement, a sewer or utility line, or waters of the State;
(7)
Unusual operating conditions exist, such as:
(a)
The erratic behavior of product-dispensing equipment;
(b)
The sudden loss of a regulated substance from a storage tank system;
(c)
An unexplained presence of water in a storage tank;
(d)
Liquid in the interstice space of secondarily contained systems; or
(e)
A failed spill prevention equipment or containment sump test for tightness; and
(8)
Monitoring results, including investigation of an alarm, from a release detection method required under COMAR 26.10.05 indicate a spill, release, or discharge may have occurred, unless:
(a)
The monitoring device is found to be defective and immediately repaired, recalibrated or replaced; and
(b)
Additional monitoring does not confirm the initial result.
B.
Additional Reporting Circumstances.
(1)
For the purposes of this section, evidence of a spill, release, or discharge include:
(a)
The visual detection of free product; or
(b)
An analytical laboratory report that shows a detection of a petroleum constituent in a soil, groundwater, drinking water, or soil vapor sample at a concentration equal to or exceeding a cleanup standard or action level published by the Department for the petroleum constituent and media type.
(2)
If evidence of a spill, release, or discharge is discovered during an environmental assessment conducted on a property as part of a due diligence investigation in support of a property transaction or a loan refinancing, the person conducting the environmental assessment and the owner of the property shall report the suspected spill, release, or discharge to the Department:
(a)
Immediately, but not later than 2 hours after the visual detection of free product; or
(b)
Within 48 hours of receiving an analytical laboratory report described under §B(1) of this regulation.
(3)
The person performing an environmental assessment on a property or the owner of the property may not be considered a person responsible for the discharge solely as a result of discovering evidence of a spill, release, or discharge or reporting a suspected spill, release, or discharge to the Department in compliance with §B(1) of this regulation, unless the person performing the environmental assessment or the property owner meets the criteria for a person responsible for the discharge under COMAR 26.10.01.02B.