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<regulation prefix="Regulation" num=".03" citation="COMAR 26.10.08.03" title_num="26" subtitle_num="10" chapter_num="08" heading="Investigation and Confirmation Steps.">
  <paragraph num="A.">
    <text>Unless corrective action is initiated in accordance with COMAR 26.10.09, an owner and an operator of a storage tank system and a responsible party shall use the steps described in §§B and C of this regulation, or other procedures required by the Department to:</text>
    <paragraph num="(1)">
      <text>Immediately but not later than 48 hours from the time a suspected spill, release, or discharge is discovered under Regulation .01 of this chapter or from the time an owner and an operator of a storage tank system and a responsible party is directed by the Department under Regulation .02 of this chapter, investigate a suspected spill, release, or discharge of a regulated substance; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 7 days of beginning the investigation, or another time period specified by the Department, confirm:</text>
      <paragraph num="(a)">
        <text>All suspected spills, releases, and discharges of regulated substances requiring reporting under Regulation .01 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The source of off-site impacts if directed by the Department, as required under Regulation .02 of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>System Test.</text>
    <paragraph num="(1)">
      <text>An owner and an operator of a storage tank system and a responsible party shall conduct a system test to determine whether a leak exists in the storage tank, the piping, the secondary containment, or another component of the storage tank system by conducting:</text>
      <paragraph num="(a)">
        <text>Precision tightness testing in accordance with COMAR 26.10.03.05;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>As appropriate, secondary containment testing in accordance with COMAR 26.10.04.04D; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A testing procedure required by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When a storage tank system fails a system test required by §B(1) of this regulation or another test for tightness, an owner and an operator of a storage tank system and a responsible party shall take the following steps:</text>
      <paragraph num="(a)">
        <text>Immediately discontinue use of the storage tank system and notify the Department;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 48 hours, begin an investigation to determine whether the leak is occurring in the storage tank, the piping, the secondary containment, or another component of the storage tank system;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the storage tank is determined to be leaking, immediately remove the regulated substance from the storage tank;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the piping system is determined to be leaking, immediately drain and discontinue the use of the piping system;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>If the system test confirms a release into the interstice or a spill, release, or discharge to the environment:</text>
        <paragraph num="(i)">
          <text>Repair the storage tank system in accordance with COMAR 26.10.04.04;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Replace or upgrade the storage tank system in accordance with COMAR 26.10.03; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Close the storage tank system in accordance with COMAR 26.10.10;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>If another component of the storage tank system is determined to be leaking, perform the necessary repairs to the storage tank system in accordance with COMAR 26.10.04.04 within a time period approved by the Department; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>After repairing or replacing the storage tank system and before placing the storage tank system back in service, conduct a system test on the storage tank system in accordance with §B(1) of this regulation to verify that the condition that caused the original test failure has been corrected.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>In addition to complying with the steps in §B(2) of this regulation, an owner and an operator of a storage tank system and a responsible party shall begin corrective action in accordance with COMAR 26.10.09 if the system test results for the storage tank system, storage tank, or piping indicate the existence of a spill, release, or discharge to the environment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An owner and an operator of a storage tank system and a responsible party are not required to conduct further investigation if the system test results for the storage tank system, storage tank, and piping do not indicate the existence of a spill, release, or discharge and environmental contamination was not the basis for suspecting a spill, release, or discharge.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An owner and an operator of a storage tank system and a responsible party shall conduct a site check as described in §C of this regulation if the system test results for the storage tank system, storage tank, and piping do not indicate the existence of a spill, release, or discharge, but environmental contamination was the basis for suspecting a spill, release, or discharge.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Site Check.</text>
    <paragraph num="(1)">
      <text>An owner and an operator of a storage tank system and a responsible party shall measure for the presence of a spill, release, or discharge where contamination is most likely to be present.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In selecting sample types, sample locations, and measurement methods, an owner and an operator of a storage tank system and a responsible party shall consider:</text>
      <paragraph num="(a)">
        <text>The nature of the stored substance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The type of initial alarm or cause for suspicion;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The type of backfill;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The depth to groundwater; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other factors appropriate for identifying the presence and source of a spill, release, or discharge.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the test results for the excavation zone or the site indicate that a spill, release, or discharge has occurred, an owner and an operator of a storage tank system and a responsible party shall begin corrective action in accordance with COMAR 26.10.09.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the test results for the excavation zone or the site do not indicate that a spill, release, or discharge has occurred, the Department will determine if further investigation is required.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If required by the Department, an owner and an operator of a storage tank system and a responsible party shall construct observation, monitoring, and recovery wells:</text>
      <paragraph num="(a)">
        <text>In compliance with COMAR 26.04.04;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Of polyvinylchloride or another material approved by the Department;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>With a proper grout seal and locking cap; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>As required in an approved corrective action plan developed in accordance with COMAR 26.10.09.07.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>