Chapter 14. Residential Heating Oil Tank System Site Rehabilitation Reimbursement Program

As altering the rights, responsibilities, or liabilities of a person responsible for the discharge; or

As entitling a residential owner to reimbursement of site rehabilitation costs.

Residential heating oil tank system closures in place, upgrades, or replacements; or

Retrofitting of a residential heating oil tank or associated piping;

The terms in §B of this regulation have the meanings indicated; and

A term not defined in §B of this regulation has the meaning given to it in the relevant statutes and in COMAR 26.10.01.02 or, if not defined there, the meaning in the ordinary dictionary definition of the term.

“Approved application” means an application that has been submitted by a qualified residential owner in accordance with Regulation .06 of this chapter and has been approved by the Department for a reimbursement allocation.

“Department” means the Maryland Department of the Environment.

“Fund” means the Oil Contaminated Site Environmental Cleanup Fund.

“Occurrence” means the existence of contamination resulting from a spill, release, or discharge of oil from one or more residential heating oil tank systems at a site.

“Oil” has the meaning stated in COMAR 26.10.01.02B.

“Reimbursement allocation” means an amount of money from the Fund set aside for an approved application to reimburse a residential owner for site rehabilitation costs incurred, or to be incurred, during the remediation of the site approved on the application as allowed under this chapter.

“Residential heating oil tank” means an aboveground or underground heating oil tank that meets the criteria under Environment Article, §4-401(e), Annotated Code of Maryland that is used to store heating oil for use as a fuel in heating a single-family residential property.

“Residential heating oil tank system” means a residential heating oil tank and all associated piping, including, but not limited to, fill, vent, dispensing, and return line pipes.

“SDAT” means the State Department of Assessments and Taxation.

“Site” means a single-family residential property where a person owns one or more residential heating oil tank systems that is the source of a spill, release, or discharge of oil, including any soil, groundwater, or surface water at the single-family residential property or a neighboring property affected by the spill, release, or discharge of oil.

Site Rehabilitation.

“Supervisor” has the meaning stated in Tax-Property Article, §1-101(mm), Annotated Code of Maryland.

“Value” has the meaning stated in Tax-Property Article, §1-101(qq), Annotated Code of Maryland, as determined by the most recent SDAT assessment in accordance with Tax-Property Article, §§8-101—8-104, Annotated Code of Maryland.

Make all final decisions regarding reimbursement matters; and

Adjust reimbursement allocations if substantial need is demonstrated.

Soil treatment, including:

Procurement and installation of groundwater remediation equipment, including soil vapor extraction equipment;

Subsurface investigation, well bailing, recovery system design, operation, monitoring, or a combination of these activities;

Private supply well replacement;

Odor abatement activities, such as forced venting and oil saturated material removal and proper disposal, replacement, or restoration to a degree as determined by the Department to return a residence to a habitable condition;

Closure of a heating oil tank by removal, if the Department determines removal of the heating oil tank is necessary to accomplish soil treatment as described in §A(1)(a) of this regulation; and

Other site rehabilitation activities performed by a residential owner under the direction and approval of the Department to remediate a spill, release, or discharge of oil from a residential heating oil tank system.

Closure in place of an underground residential heating oil tank;

Installation of a new or replacement residential heating oil tank;

Third-party contractor mobilization or demobilization of equipment, materials, and personnel at a site;

Preparation of a complete application, including preparing or obtaining support documentation; and

Performance of activities that are not related to remediation of oil-contaminated soil, groundwater, or surface water at a site so as to mitigate threats to public health, safety, and welfare or the environment, as determined by the Department.

Until the date established by Environment Article, §4-705(b), Annotated Code of Maryland;

Not later than 6 months after the completion of site rehabilitation;

Only for eligible site rehabilitation costs listed in Regulation .05 of this chapter that were incurred on or after October 1, 2000;

Once for the entire period of ownership of the single-family residential property where the residential heating oil tank system is located; and

Once per State fiscal year if the residential heating oil tank system is not located at the primary residence of the residential owner.

A complete and accurate application on a form supplied by the Department;

A current W-9 Identification Number and Certification Form from the federal Department of the Treasury, Internal Revenue Service;

On a form supplied by the Department, a description of the incurred site rehabilitation costs eligible for reimbursement under Regulation .05 of this chapter, including copies of actual invoices and other proofs of payment for site rehabilitation costs; and

If submitting an application on or after July 1, 2022, a copy of:

Following the approval of the application by the Department; and

Not later than 6 months after the completion of site rehabilitation.

Certify to the Department that the spill, release, or discharge of oil resulted from a residential heating oil tank system;

Submit to the Department for its approval:

Certify to the Department that the spill, release, or discharge of oil is not the result of a willful or deliberate act;

As determined by the Department, be in substantial compliance with the applicable requirements under Environment Article, §4-420, Annotated Code of Maryland, COMAR 26.10, and all Maryland laws and regulations applicable to residential heating oil tank systems; and

Certify to the Department that the site rehabilitation costs submitted for reimbursement are:

The Department shall assign each application a numerical rank based on the date the complete application was received by the Department, so that the earliest complete application receives the highest rank.

Subject to the availability of revenues within the Fund, the Department shall approve reimbursement allocations for approved applications in order of their numerical ranking.

The Department shall provide written notification to the residential owner that the application was denied; and

The residential owner may submit an application for another site for consideration within that State fiscal year.

May not exceed a total of $20,000 per occurrence; and

Is subject to a deductible of $500 per occurrence.

If the value of the residential property is less than or equal to $300,000, the reimbursement allocation is:

If the value of the residential property is greater than $300,000 and less than or equal to $600,000, the reimbursement allocation is:

If the value of the residential property is greater than $600,000, the reimbursement allocation is:

The Department shall make a reimbursement allocation in accordance with:

Upon the approval of a complete application, the Department shall reserve a reimbursement allocation within the Fund in accordance with §A of this regulation to pay for a reimbursement of site rehabilitation costs that are otherwise eligible under this chapter.

Subject to §B(2) and (3) of this regulation, the Department may issue a reimbursement payment to a residential owner for eligible site rehabilitation costs from allocated funds.

In order to issue a reimbursement payment from allocated funds, the Department may request that a residential owner provide a recent W-9 Identification Number and Certification Form from the federal Department of the Treasury, Internal Revenue Service.

The Department reserves the right to deny a reimbursement payment in whole or in part if the Department determines that:

6 months of completing the site rehabilitation; or

3 years of receiving the final payment from the reimbursement allocation.

Receiving the final payment from the reimbursement allocation; or

Completion of the site rehabilitation.