# COMAR Title 26 — Department of the Environment

## Subtitle 10 — Oil Pollution Control and Storage Tank Management

### Chapter 09 — Spill, Release, and Discharge Response and Corrective Action

#### Regulation .05 Free Product Removal.

*COMAR 26.10.09.05*

A. At sites where free product is present or an investigation performed in compliance with Regulation .03A(6) of this chapter indicates the presence of free product, an owner and an operator of a storage tank system and a responsible party shall remove free product to the maximum extent practicable as determined by the Department while:

  (1) Continuing, as necessary, to perform any initial corrective action measures initiated under Regulations .02—.04 of this chapter; or

  (2) Preparing to perform the corrective action measures required under Regulations .06 and .07 of this chapter.

B. In meeting the requirements of this regulation, an owner and an operator of a storage tank system and a responsible party shall:

  (1) Before beginning free product removal:

    (a) Provide notification to the Department regarding the proposed free product recovery method to be used; and

    (b) In accordance with the permitting requirements in COMAR 26.08.04, obtain the necessary discharge permit for the proposed free product recovery method;

  (2) Conduct free product removal in a manner that:

    (a) Prevents the spread of contamination from entering previously uncontaminated areas by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site; and

    (b) Properly treats, disposes, or conducts permitted discharges of recovery byproducts in compliance with applicable federal, State, and local laws;

  (3) Use abatement of free product migration as a minimum initial objective for the design of the free product removal system;

  (4) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

  (5) Unless directed to do otherwise by the Department, within 45 days after confirming a spill, release, or discharge, prepare and submit to the Department a free product removal report that provides at least the following information:

    (a) The name, address, and phone number of the person or persons responsible for implementing the free product removal measures;

    (b) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

    (c) The type of free product recovery system to be used;

    (d) A description of any permitted discharge to take place on-site or off-site during the free product recovery operation including:

      (i) The location of each permitted discharge outfall;

      (ii) The type of treatment applied to the permitted discharge;

      (iii) The effluent quality achieved from the treatment applied to the permitted discharge; and

      (iv) An assessment of compliance with the discharge permit required under §B(1)(b) of this regulation; and

    (e) The disposition of the recovered free product.