Md. Code Regs. 26.10.01.17

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

Section 26.10.01.17 - Requirements for Drivers of Truck Tanks and Transports

A. A driver operating a truck tank or a transport shall:

(1) Comply with NFPA 385 "Standard for Tank Vehicles for Flammable and Combustible Liquids";

(2) Be 21 years old or older as required under Transportation Article, § 25-111, Annotated Code of Maryland; and

(3) Complete annual safety training provided in accordance with Regulation .16B of this chapter.

B. A driver shall load and unload a truck tank or transport only in an approved location.

C. A driver may not deliver to a storage tank, including a residential heating oil tank, when any of the following conditions are observed:

(1) The Department has:

(a) In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

(b) Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill;

(2) The storage tank system is visibly spilling or releasing oil; or

(3) An AST system is in poor, unstable, or damaged condition.

D. Before a transfer of oil begins, the driver shall:

(1) Verify that:

(a) Proper hoses and fittings will be used in the delivery of oil;

(b) The transfer hoses are not damaged; and

(c) All transfer hose connections are tight; and

(2) Confirm, for direct or remote filling operations, the storage tank has sufficient ullage available to hold the amount of oil being delivered by implementing one or more of the following methods:

(a) Gauge the storage tank and record ullage and amount of oil delivered;

(b) Use a functioning vent whistle or other overfill device;

(c) Verify with the facility's person in charge:

(i) The size of the storage tank being delivered to and the quantity of oil to be delivered;

(ii) That the storage tank has an approved and functional overfill alarm; or

(iii) For remote filling, that a representative from the facility will actively participate in the filling operation; or

(d) Use another method approved by the Department.

E. During a transfer of oil, the driver shall:

(1) Be alert and outside the vehicle;

(2) Remain within 10 feet and in full and immediate control of the nozzle, shut-off valves, pumps, and emergency operating mechanism for the discharge control valve; and

(3) Have the fill pipe opening in full view at all times.

F. If a driver leaves the equipment unattended for any reason, the driver shall turn off or return to the closed position all nozzles, shut-off valves, pumps, and discharge control valves of the truck tank or transport and the receiving facility.

G. A driver may not drain oil or empty hoses into a spill catchment basin.

H. A driver shall immediately report to the delivery company any unusual conditions observed during a transfer operation including, but not limited to:

(1) A spill, release, or discharge;

(2) A discrepancy between the quantity of oil delivered and the quantity of oil received;

(3) Equipment defects on the delivery vehicle or at a transfer location; and

(4) Unsafe delivery conditions.

I. A driver, permittee, and person in charge of a delivery company shall report a spill, release, or discharge made during an oil delivery in accordance with Regulation .05 of this chapter.

Md. Code Regs. 26.10.01.17

Regulations .17A, C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .17 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .17 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .17 amended effective February 18, 2002 (29:3 Md. R. 223)
Regulation .17A amended effective September 18, 1989 (16:18 Md. R. 2025); Regulations .17A, C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .17 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .17 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .17 amended effective February 18, 2002 (29:3 Md. R. 223)
Regulation .17A amended effective September 18, 1989 (16:18 Md. R. 2025); adopted effective 49:12 Md. R. 642, eff. 6/13/2022