Md. Code Regs. 26.10.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.10.01.04 - General Provisions and Specifically Prohibited Acts

A. The requirements of this chapter do not relieve a person from the duty to comply with any other federal, State, or local government statute, regulation, or authorization applicable to an activity, operation, or authorization regulated under this subtitle.

B. The Department, at its discretion, may modify a testing requirement of this subtitle for an owner, an operator, and a person in charge of a storage tank system, vehicle, vessel, or equipment subject to the provisions of this subtitle if:

(1) The modification does not violate a general restriction or specifically prohibited act under §§C and D of this regulation;

(2) The modification is not prohibited under a State statute or a federal statute, rule, or regulation; and

(3) The modification is as protective of public health and the environment as the testing requirement modified.

C. General Restrictions. A person subject to the requirements of this chapter, as defined in Regulation .01B of this chapter, may not engage in an activity or operation in a manner likely to:

(1) Create a nuisance;

(2) Create air pollution;

(3) Cause a discharge of pollutants to waters of this State, except in accordance with a valid permit issued by the Department under Environment Article, § 9-323, Annotated Code of Maryland;

(4) Impair the quality of the environment; or

(5) Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department.

D. Specifically Prohibited Acts.

(1) Prohibition Against Hazardous Substance Releases.

(a) A person may not cause a release of a hazardous substance.

(b) A person violating §D(1)(a) of this regulation is subject to:

(i) Any applicable sanctions under Environment Article, Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland;

(ii) The modification, suspension, or revocation of a permit issued under the provisions of COMAR 26.10.02.04; and

(iii) The Hazardous Substance Response Action Plan requirements under Environment Article, § 7-222, Annotated Code of Maryland and COMAR 26.14.01 and 26.14.02.

(2) Prohibition Against Oil Pollution.

(a) A person may not pump, spill, release, discharge, throw, drain, deposit, or cause to be deposited oil or other matter containing oil into, near, or in an area likely to pollute waters of the State.

(b) A person may not pump, spill, release, discharge, deposit or cause to be deposited bilge or ballast water or water from any receptacle containing oil in a manner by which oil may escape into, or in an area likely to pollute, waters of the State.

(c) A person violating §D(2)(a) or (b) of this regulation is subject to:

(i) Sanctions under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland;

(ii) The modification, suspension, or revocation of a license or permit issued under the provisions of this subtitle; and

(iii) Any other sanctions provided under law.

(d) The Department may exempt a person from §D(2)(a) and (b) of this regulation if:

(i) There is an emergency imperiling life or property, an unavoidable accident, a collision, or stranding; or

(ii) The person is authorized by the Department to remove an oil discharge from waters of the State.

(3) False Statements. A person may not knowingly make a false statement, representation, or certification to the Department in any application, record, report, plan, or other document filed or required to be maintained under this subtitle.

(4) Tampering with Monitoring Devices. A person may not falsify, tamper with, or knowingly render inaccurate a monitoring device or method required to be maintained under this subtitle.

E. Wetlands and Waterways.

(1) A person may not install, construct, or extend a storage tank, storage tank system, oil storage facility, oil handling facility, or regulated substance storage facility in the following locations unless the person obtains all of the applicable authorizations listed in §E(2) of this regulation:

(a) A special flood hazard area;

(b) A tidal or nontidal wetland;

(c) A nontidal wetland buffer; or

(d) A 100-year floodplain of free-flowing waters, as described under Regulation .02B(96)(d) of this chapter.

(2) A person installing, constructing, or extending a storage tank, storage tank system, oil storage facility, oil handling facility, or regulated substance storage facility in one of the areas listed in §E(1) of this regulation shall first obtain:

(a) The applicable authorizations issued under Environment Article, Title 5 or 16, Annotated Code of Maryland and COMAR 23.02.04, 26.17.04, 26.23.02, 26.23.03, 26.24.02, or 26.24.03; and

(b) If required under 33 U.S.C § 1341(a), a Water Quality Certification issued by the Department in accordance with 33 U.S.C § 1341, 40 CFR Part 121, and COMAR 26.08.02.10.

Md. Code Regs. 26.10.01.04

Regulations .04A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .04 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .04 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .04A amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulation .04 amended effective January 1, 1996 (22:26 Md. R. 2031)
Regulation .04A amended effective April 5, 2010 (37:7 Md. R. 575); Regulations .04A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .04 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .04 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .04A amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulation .04 amended effective January 1, 1996 (22:26 Md. R. 2031)
Regulation .04A amended effective April 5, 2010 (37:7 Md. R. 575); adopted effective 49:12 Md. R. 642, eff. 6/13/2022