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<regulation prefix="Regulation" num=".03" citation="COMAR 26.10.09.03" title_num="26" subtitle_num="10" chapter_num="09" heading="Initial Abatement Measures and Site Check.">
  <paragraph num="A.">
    <text>Unless directed to do otherwise by the Department, an owner and an operator of a storage tank system and a responsible party shall perform each of the following abatement measures:</text>
    <paragraph num="(1)">
      <text>Remove as much of the regulated substance from the storage tank system as is necessary to prevent further spilling, releasing, or discharging of the regulated substance to the environment;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Visually inspect any aboveground spills, releases, or discharges or exposed belowground spills, releases, or discharges and prevent further migration of the spilled, released, or discharged regulated substance into surrounding soils, surface water, and groundwater;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Continue to monitor and mitigate any fire and safety hazards posed by vapors or free product that have migrated from a UST excavation zone or a storage tank system site and entered into subsurface structures, such as sewers or basements;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Remedy hazards posed by contaminated soils that are excavated or exposed as a result of a spill, release, or discharge confirmation, site investigation, abatement, or corrective action activity by:</text>
      <paragraph num="(a)">
        <text>Removing contaminated soils from the site within 50 days of excavation for treatment or disposal in compliance with applicable federal, State, and local laws; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Treating contaminated soils in accordance with a corrective action plan approved by the Department;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Unless the location, extent, and source of a spill, release, or discharge were confirmed during a site check conducted in accordance with COMAR 26.10.08.03C or a closure site assessment conducted in accordance with COMAR 26.10.10.03A, perform a site check to determine the location and extent of a spill, release, or discharge by:</text>
      <paragraph num="(a)">
        <text>Measuring for the presence of the spill, release, or discharge in the area where contamination is most likely to be present; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Selecting sample types, sample locations, and measurement methods for identifying the presence and source of the spill, release, or discharge that consider the:</text>
        <paragraph num="(i)">
          <text>Nature of the stored substance;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Site soil characteristics;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Type of backfill;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Depth to groundwater; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Other relevant factors for identifying the presence and source of the spill, release, or discharge; and</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Investigate to determine the possible presence of free product and begin free product removal as soon as practicable in accordance with Regulation .05 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Within 20 days of confirming a spill, release, or discharge, or within another reasonable time period required by the Department, an owner and an operator of a storage tank system and a responsible party shall submit a report to the Department summarizing the initial abatement steps taken in compliance with §A of this regulation and any resulting information or data.</text>
  </paragraph>
</regulation>