Md. Code Regs. 26.10.02.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.02.03 - General Provisions for UST Systems

A. An owner and an operator of a UST system storing a regulated substance shall comply with the general provisions and specifically prohibited acts under COMAR 26.10.01.04.

B. Person Responsible for a Release.

(1) The following persons shall be responsible for the prompt control, containment, and removal of a regulated substance release:

(a) The responsible party;

(b) The owner of the property where the regulated substance release occurred;

(c) The owner of the regulated substance;

(d) The owner and the operator of the UST system storing the regulated substance;

(e) The person in charge of the facility, vessel, or vehicle involved in the release; and

(d) If a release occurs from an improperly abandoned UST system, the current landowner and any person who owned, leased, or was otherwise responsible for the UST system at the time it was improperly abandoned.

(2) A person shall continue to be responsible for the control, containment, and removal of a regulated substance release until removal of the regulated substance has been accomplished to the satisfaction of the Department.

C. Ban on Receiving a Regulated Substance.

(1) An owner and an operator of a UST system served a written notification provided under §C(2) of this regulation is subject to a ban on receiving a regulated substance until the conditions in §C(3) of this regulation are met.

(2) Upon determining that a UST system is not in compliance with one or more requirements of this chapter or COMAR 26.10.03-26.10.12 and 26.10.16:

(a) The Department may serve a written notification to the owner and the operator of the UST system that specifies the Department's determination, the regulatory provisions violated, and the facts that constitute the violation;

(b) Subsequent to or concurrent with service of the written notification provided in §C(2)(a) of this regulation, the Department may:

(i) Issue the owner and the operator of the UST system an order requiring the performance of corrective actions necessary to bring the UST system into compliance;

(ii) Issue the owner and the operator of the UST system a ban on receiving a regulated substance; and

(iii) Affix a monitoring device, such as a tag, notice, or locking mechanism to the UST system.

(3) The Department may allow an owner and an operator of a UST system subject to a ban on receiving regulated substances to resume receiving regulated substances for the UST system if the following conditions are met:

(a) The owner and the operator of the UST system notify the Department that the corrective actions necessary to bring the UST system into compliance have been performed;

(b) The owner and the operator of the UST system submit to the Department evidence of the corrective actions performed that includes at least the following records:

(i) Receipts;

(ii) Work orders;

(iii) Certificates;

(iv) Testing records; and

(v) Photographs;

(c) The owner and the operator of the UST system have resolved all obligations related to the UST system as directed by the Department or in compliance with an order issued by the Department under §C(2)(b) of this regulation; and

(d) The owner and the operator of the UST system receive written approval from the Department to remove the monitoring device from the UST system.

(4) Contested Case Hearings.

(a) As provided under Environment Article, § 4-412, Annotated Code of Maryland, an owner and an operator of a UST system served an order under §C(2)(b) of this regulation shall have an opportunity for a contested case hearing if the owner and the operator of the UST system files a written request with the Department not later than 10 calendar days from the date the order was served.

(b) The filing of a hearing request made in accordance with §C(4)(a) of this regulation does not stay the:

(i) Department's determination of noncompliance;

(ii) The ban on receiving a regulated substance; or

(iii) The obligation of the owner and the operator of the UST system to comply with §C(3) of this regulation.

(c) The Department shall conduct a contested case hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

D. Work Performed by Certified UST System Individuals.

(1) Except as otherwise provided in §D(3) of this regulation, an owner, an operator, and a person in charge of a UST system shall ensure that the following work is performed by the following individuals certified by the Department under COMAR 26.10.06:

(a) The installation, upgrade, and repair of a UST system is performed by or under the supervision of a certified UST system technician;

(b) The closure or change-in-service of a UST system is performed by or under the supervision of a certified UST system technician or remover; and

(c) Inspections required under COMAR 26.10.03.10 are performed by or under the supervision of a certified UST system inspector.

(2) Except as otherwise provided in §D(3) of this regulation, an owner, an operator, and a person in charge of a storage tank system shall ensure that the following work is performed by the following individuals certified by the Department under COMAR 26.10.06:

(a) The installation, upgrade, and repair of a UST system or the underground piping associated with a storage tank is performed in the continuous on-site presence and under the direction of a certified UST system technician; and

(b) The closure or a change-in-service of a UST system, underground farm tank, underground residential tank, an underground residential heating oil tank, or the underground piping associated with a storage tank is performed in the continuous on-site presence and direction of a certified UST system technician or remover.

(3) An owner, an operator, and a person in charge of a UST system storing heating oil for consumptive use and with a capacity of 2,000 gallons or less may use a heating oil technician that is certified by the Department under COMAR 26.10.06 to install, upgrade, repair, and close the UST system.

E. Installation Requirements for Partially Excluded UST Systems. An owner and an operator of a UST system listed under Regulation .01C of this chapter storing a regulated substance shall install a UST system that meets the following requirements:

(1) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(2) Is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of a stored regulated substance; and

(3) Is constructed or lined with material that is compatible with the stored regulated substance.

Md. Code Regs. 26.10.02.03

Regulations .03 adopted as an emergency provision effective January 26, 2005 (32:4 Md. R. 404); emergency provision extended at 32:15 Md. R. 1315
Regulations .03 adopted effective January 16, 2006 (33:1 Md. R. 37)
Regulation .03B amended effective January 12, 2009 (36:1 Md. R. 25); Regulations .03 adopted as an emergency provision effective January 26, 2005 (32:4 Md. R. 404); emergency provision extended at 32:15 Md. R. 1315
Regulations .03 adopted effective January 16, 2006 (33:1 Md. R. 37)
Regulation .03B amended effective January 12, 2009 (36:1 Md. R. 25); adopted effective 49:12 Md. R. 642, eff. 6/13/2022