# 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

**Authority:** Environment Article, §§4-401, 4-402, 4-405, 4-407, 4-408, 4-410, 4-411, 4-417, and 7-201 et seq., Annotated Code of Maryland

**Administrative History:** Effective date: February 4, 1991 (18:2 Md. R. 151)

**Administrative History:** Regulations .01—.07 amended and Regulation .08 adopted effective November 4, 1996 (23:22 Md. R. 1498)

**Administrative History:** Regulation .04A amended effective June 29, 1998 (25:13 Md. R. 997)

**Administrative History:** Regulation .05 amended effective February 18, 2002 (29:3 Md. R. 224)

**Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.08 adopted effective June 13, 2022 (49:12 Md. R. 642)

#### Regulation .01 General.

*COMAR 26.10.09.01*

A. In response to a confirmed spill, release, or discharge of a regulated substance from a storage tank system, the following persons shall comply with the requirements of this chapter:

  (1) If a confirmed spill, release, or discharge of a regulated substance from a UST system, the owner and the operator of the UST system and any responsible party; and

  (2) Except as otherwise directed by the Department, if a confirmed spill, release, or discharge of oil from a storage tank system, the owner and the operator of the storage tank system and any responsible party.

B. An owner and an operator of a storage tank system and a responsible party shall continue any required abatement, investigation, removal, remediation, mitigation, monitoring, corrective action, or product recovery activities required under this chapter in response to a spill, release, or discharge of a regulated substance until the required activities are completed to the satisfaction of the Department.

C. Definitions.

  (1) In this section, “discharge” means:

    (a) The addition, introduction, leaking, spilling, or emitting of any pollutant to waters of this State; or

    (b) The placing of a pollutant in a location where the pollutant is likely to pollute.

  (2) In this chapter, “discharge permit” has the following meaning:

    (a) “Discharge permit” means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of the State; and

    (b) “Discharge permit” includes:

      (i) A State discharge permit issued under Environment Article, §9-323, Annotated Code of Maryland; or

      (ii) A National Pollutant Discharge Elimination System permit issued under the Federal Water Pollution Control Act (33 U.S.C. §§1251 et seq.), its amendments, and all regulations and rules adopted under the Act.

  (3) In this chapter, “permitted discharge” means a discharge conducted under a discharge permit and in compliance with the water pollution control requirements and conditions of COMAR 26.08.01—26.08.04.

#### Regulation .02 Initial Response.

*COMAR 26.10.09.02*

Within 2 hours, or another reasonable time period specified by the Department, of confirming a spill, release, or discharge of a regulated substance in accordance with COMAR 26.10.08.03 or after a spill, release, or discharge of a regulated substance from a storage tank system is identified in any other manner, an owner and an operator of a storage tank system and a responsible party shall perform the following initial response actions:

A. Report the spill, release, or discharge of the regulated substance to the Department in accordance with COMAR 26.10.08.04;

B. Take immediate action to prevent any further spilling, releasing, or discharging of the regulated substance into the environment or secondary containment;

C. Identify and mitigate fire, explosion, and vapor hazards; and

D. Perform any other initial response actions required by the Department.

#### Regulation .03 Initial Abatement Measures and Site Check.

*COMAR 26.10.09.03*

A. 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:

  (1) 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;

  (2) 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;

  (3) 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;

  (4) 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:

    (a) 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

    (b) Treating contaminated soils in accordance with a corrective action plan approved by the Department;

  (5) 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:

    (a) Measuring for the presence of the spill, release, or discharge in the area where contamination is most likely to be present; and

    (b) Selecting sample types, sample locations, and measurement methods for identifying the presence and source of the spill, release, or discharge that consider the:

      (i) Nature of the stored substance;

      (ii) Site soil characteristics;

      (iii) Type of backfill;

      (iv) Depth to groundwater; and

      (v) Other relevant factors for identifying the presence and source of the spill, release, or discharge; and

  (6) 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.

B. 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.

#### Regulation .04 Initial Site Characterization.

*COMAR 26.10.09.04*

A. Unless directed to do otherwise by the Department, an owner and an operator of a storage tank system and a responsible party shall assemble information about the site and the nature of the spill, release, or discharge that includes:

  (1) Information gained while confirming the spill, release, or discharge and completing the initial abatement measures required in Regulations .02 and .03 of this chapter;

  (2) Data on the nature and estimated quantity of a spill, release, or discharge;

  (3) Data from available sources or site investigations, or both, concerning the following:

    (a) Surrounding populations;

    (b) Water quality;

    (c) A map showing the use and approximate locations of wells potentially affected by the spill, release, or discharge;

    (d) Subsurface soil conditions;

    (e) Locations of subsurface utilities;

    (f) Climatological conditions; and

    (g) Land use at the site and surrounding area;

  (4) The results of the site check performed in compliance with Regulation .03A(5) of this chapter;

  (5) To determine whether free product must be recovered in accordance with Regulation .05 of this chapter, the results of the free product investigation performed in accordance with Regulation .03A(6) of this chapter; and

  (6) Any other information required by the Department.

B. An owner and an operator of a storage tank system and a responsible party shall:

  (1) Prepare a written site characterization report that:

    (a) Includes all of the information required under §A of this regulation regarding the site and the nature of the spill, release, or discharge; and

    (b) Discusses the applicability, reliability, and validity of the information provided; and

  (2) Submit the site characterization report required under §B(1) of this regulation to the Department within:

    (a) 45 days of confirming the spill, release, or discharge; or

    (b) Another reasonable time period required by the Department.

#### 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.

#### Regulation .06 Investigations of Soil and Groundwater.

*COMAR 26.10.09.06*

A. In order to determine the full extent and location of soils contaminated by a spill, release, or discharge and the presence and concentrations of dissolved product contamination in the groundwater, an owner and an operator of a storage tank system and a responsible party shall conduct investigations of the spill, release, or discharge, the site, and the surrounding area potentially affected by the spill, release, or discharge if one or more of the following conditions exist:

  (1) There is evidence that groundwater wells have been affected by the spill, release, or discharge;

  (2) Free product is present;

  (3) There is evidence that contaminated soils may contaminate groundwater; or

  (4) The Department requests an investigation.

B. An owner and an operator of a storage tank system and a responsible party shall submit the information collected in compliance with §A of this regulation as soon as practicable, but not later than 90 days after confirming a spill, release, or discharge or in accordance with a schedule established by the Department.

#### Regulation .07 Corrective Action Plan.

*COMAR 26.10.09.07*

A. 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:

  (1) Submit additional information related to the requirements of this chapter; or

  (2) 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.

B. 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.

C. 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:

  (1) Ensure the corrective action plan provides for the adequate protection of human health and the environment as determined by the Department; and

  (2) Modify a submitted corrective action plan as necessary to maintain adequate protection of human health and the environment as determined by the Department.

D. 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:

  (1) Ensuring that the implementation of the plan will adequately protect human health, safety, and the environment; and

  (2) Considering the following factors, as appropriate:

    (a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

    (b) The hydrogeologic characteristics of the site and the surrounding area;

    (c) The proximity, quality, and current and future uses of nearby surface water and groundwater;

    (d) The potential effects of residual contamination at the conclusion of the planned corrective action on nearby surface water and groundwater;

    (e) An exposure assessment; and

    (f) Any information assembled in compliance with this chapter.

E. 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:

  (1) Implement the plan, including modifications to the plan made by the Department; and

  (2) Monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the Department.

F. 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:

  (1) Notifies the Department of its intention to begin remediation;

  (2) Complies with any conditions imposed by the Department, including halting remediation or mitigating adverse consequences from remediation activities; and

  (3) Incorporates these self-initiated remediation measures into the corrective action plan that is submitted to the Department for approval.

G. 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.

#### Regulation .08 Public Participation.

*COMAR 26.10.09.08*

A. Notice to Affected Public. For each confirmed spill, release, or discharge that requires a corrective action plan, the Department, in cooperation with an owner and an operator of a storage tank system and a responsible party, shall provide notice:

  (1) To those members of the public directly affected by the spill, release, or discharge and the planned corrective action, as determined by the Department; and

  (2) In a manner designed to reach the affected public that may include, but is not limited to:

    (a) Publication in local newspapers;

    (b) Block advertisements;

    (c) Public service announcements;

    (d) Publication in the Maryland Register;

    (e) Letters to individual property owners; or

    (f) Personal contact by the Department.

B. Before approving a corrective action plan, the Department may hold a public meeting to consider comments on the proposed corrective action plan or for any other reason.

C. If the Department considers terminating the remedial work under a corrective action plan before achievement of any goals set forth in the plan, the Department shall notify the affected public in the manner set forth in §A of this regulation.

D. As required by the Public Information Act, the Department shall ensure that information regarding the site of a spill, release, or discharge and decisions concerning a corrective action plan are made available to the public for inspection upon request.