Md. Code Regs. 26.10.02.04

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

Section 26.10.02.04 - General UST System Permit by Rule

A. An owner and an operator of a UST system regulated under this chapter are authorized by the Department under a General UST System Permit to operate the UST system provided the conditions specified in this section are met:

(1) The owner and the operator of the UST system shall comply with all of the applicable requirements of this chapter and COMAR 26.10.03-26.10.12 and 26.10.16;

(2) The owner and the operator of the UST system shall remove or properly decommission nonoperational components and appurtenances connected to the UST system in order to:

(a) Ensure proper operation of all spill and overfill, corrosion protection, and release detection equipment; and

(b) Prevent a spill, release, or discharge;

(3) The owner and the operator of the UST system shall:

(a) Make the facility where the UST system is located available for reasonable inspection by the Secretary or the Secretary's authorized representative; and

(b) During an inspection, allow the Secretary or the Secretary's authorized representative to:

(i) Collect air, ground or surface water, soil, and vegetation samples or samples of other materials on-site as determined necessary by the Department; and

(ii) Obtain photographic or videographic documentation or evidence;

(4) The owner and the operator of the UST system shall make all records required under COMAR 26.10 and Environment Article, Annotated Code of Maryland available for inspection and copying by the Secretary or the Secretary's authorized representative; and

(5) The owner and the operator of the UST system shall complete any survey forms or other documents required by the Department in a timely manner.

B. Suspension or Revocation.

(1) The Department may suspend or revoke a permittee's authorization provided under §A of this regulation if the Department determines that:

(a) A violation of a condition specified under §A of this regulation has occurred;

(b) A violation of an applicable federal, State, or local requirement related to the management of a regulated substance has occurred;

(c) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

(d) False or inaccurate information or data was provided in a document required to be submitted under this regulation to the Department;

(e) A permittee's continued operation of a UST system under the General UST System Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

(f) Any other good cause exists for suspending or revoking the authorization.

(2) Once the Department suspends or revokes a permittee's authorization provided under §A of this regulation, the permittee shall cease activities permitted under the suspended or revoked authorization in a manner determined by the Department.

C. Judicial Review. A person aggrieved by a permit issued by the Department may obtain immediate judicial review under the provisions of State Government Article, §§ 10-222 and 10-223, Annotated Code of Maryland and the Maryland Rules.

Md. Code Regs. 26.10.02.04

Regulation .04B amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 37); January 12, 2009 (36:1 Md. R. 25); Regulation .04B amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 37); January 12, 2009 (36:1 Md. R. 25); adopted effective 49:12 Md. R. 642, eff. 6/13/2022