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<regulation prefix="Regulation" num=".07" citation="COMAR 26.10.09.07" title_num="26" subtitle_num="10" chapter_num="09" heading="Corrective Action Plan.">
  <paragraph num="A.">
    <text>At any point after reviewing the information submitted in compliance with Regulations .02—.04 of this chapter, the Department may require an owner and an operator of a storage tank system and a responsible party to:</text>
    <paragraph num="(1)">
      <text>Submit additional information related to the requirements of this chapter; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Develop and submit a corrective action plan for remediating contaminated soil and groundwater, and submit the corrective action plan according to a schedule and in a format established by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>After fulfilling the requirements of Regulations .02—.04 of this chapter, an owner and an operator of a storage tank system and a responsible party may choose to submit a corrective action plan for remediating contaminated soil and groundwater.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a corrective action plan is submitted under a scenario described in §A or B of this regulation, an owner and an operator of a storage tank system and a responsible party shall:</text>
    <paragraph num="(1)">
      <text>Ensure the corrective action plan provides for the adequate protection of human health and the environment as determined by the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Modify a submitted corrective action plan as necessary to maintain adequate protection of human health and the environment as determined by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Department may approve a corrective action plan submitted by an owner and an operator of a storage tank system and a responsible party only after:</text>
    <paragraph num="(1)">
      <text>Ensuring that the implementation of the plan will adequately protect human health, safety, and the environment; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Considering the following factors, as appropriate:</text>
      <paragraph num="(a)">
        <text>The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The hydrogeologic characteristics of the site and the surrounding area;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The proximity, quality, and current and future uses of nearby surface water and groundwater;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The potential effects of residual contamination at the conclusion of the planned corrective action on nearby surface water and groundwater;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>An exposure assessment; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Any information assembled in compliance with this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Upon approval of a corrective action plan or as directed by the Department, an owner and an operator of a storage tank system and a responsible party shall:</text>
    <paragraph num="(1)">
      <text>Implement the plan, including modifications to the plan made by the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>In the interest of minimizing environmental contamination and promoting more effective remediation, an owner and an operator of a storage tank system and a responsible party may begin remediation of soil and groundwater before the corrective action plan is approved, if the owner and the operator of the storage tank system and the responsible party:</text>
    <paragraph num="(1)">
      <text>Notifies the Department of its intention to begin remediation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complies with any conditions imposed by the Department, including halting remediation or mitigating adverse consequences from remediation activities; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Incorporates these self-initiated remediation measures into the corrective action plan that is submitted to the Department for approval.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>In accordance with Regulation .01B of this chapter, an owner and an operator of a storage tank system and a responsible party shall continue remediation activities until removal of the spilled, released, or discharged regulated substance is accomplished to the satisfaction of the Department.</text>
  </paragraph>
</regulation>