Md. Code Regs. 26.10.04.05

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

Section 26.10.04.05 - Access, Reporting, and Recordkeeping

A. Access. An owner, an operator, and a person in charge of a UST system shall:

(1) Make available for inspection by the Secretary or the Secretary 's authorized representative:

(a) The regulated substance storage facility where the UST system is located; and

(b) An alternative site where records regarding the operation of the UST system are maintained;

(2) Allow the Department to:

(a) Make copies of data, records, and information pertaining to the UST system;

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

(c) Obtain photographic or videographic documentation or evidence; and

(3) Following a spill, release, or discharge, allow a responsible party access to the site to conduct remedial activities.

B. Reporting. An owner and an operator of a UST system shall submit the following documentation to the Department:

(1) A registration form for the UST system following certain events, as required under COMAR 26.10.03.09;

(2) A notification regarding the planned storage of a certain regulated substance in the UST system required under COMAR 26.10.03.07C;

(3) A report of a spill, release, or discharge or an overfill required under COMAR 26.10.01.05 and 26.10.08 and any other applicable provision under COMAR 26.10;

(4) A report of corrective actions planned or taken required under Environment Article, §§ 4-412 and 7-259, Annotated Code of Maryland and any applicable provision of COMAR 26.10, including COMAR 26.10.09.03-.07; and

(5) A notification of a planned permanent closure or change-in-service of the UST system required under COMAR 26.10.10.02.

C. Recordkeeping. An owner and an operator of a UST system shall maintain and make available to the Department, the following records:

(1) If the UST system was installed after January 1, 2006, an as-built diagram of the UST system that includes a layout of the USTs and piping of the UST system;

(2) Documentation supporting an alternative method of corrosion protection for the construction of a UST or piping, such as an analysis of the site corrosion potential from a corrosion expert, pursuant to COMAR 26.10.03.01B(1)(d) or .02B(1)(c);

(3) Records of the installation of a previously installed UST, pursuant to COMAR 26.10.03.01D;

(4) Records that demonstrate compliance with the requirements for installing, operating, and testing spill and overfill prevention equipment and containment sumps in COMAR 26.10.03.03;

(5) Records of the compatibility of the UST system with a stored regulated substance, pursuant to COMAR 26.10.03.07;

(6) Records of upgrades made to the existing UST system, pursuant to COMAR 26.10.03.08;

(7) Records of certified inspections conducted pursuant to COMAR 26.10.03.10;

(8) The liquid level measurement and inventory reconciliation records required under Regulation .01C of this chapter;

(9) Records of the operation and maintenance of corrosion protection equipment, pursuant to Regulation .02 of this chapter;

(10) Records of the periodic operation and maintenance walkthrough inspections conducted pursuant to Regulation .03 of this chapter;

(11) Records of repairs performed on the UST system, pursuant to Regulation .04 of this chapter;

(12) Records that demonstrate compliance with the release detection requirements under COMAR 26.10.05, pursuant to COMAR 26.10.05.06;

(13) Records that demonstrate compliance with the release detection requirements under COMAR 26.10.12, pursuant to COMAR 26.10.12.07;

(14) Documentation regarding certified Class A, Class B, and Class C operators designated for the regulated substance storage facility and the operator training and certification, pursuant to COMAR 26.10.16.09; and

(15) Records documenting the UST system being take out-of-service through a closure or change-in-service, including the results of an investigation conducted at the site where the UST system underwent a temporary or permanent closure or a change-in-service, pursuant to COMAR 26.10.10.05.

D. Availability and Maintenance of Records.

(1) Unless otherwise required in this chapter or COMAR 26.10.03, 26.10.05, 26.10.10, 26.10.12, and 26.10.16, an owner and an operator of a UST system shall keep the records required under §C of this regulation for the operational life of the UST system at:

(a) The regulated substance storage facility where the UST system is located; or

(b) A readily available alternative site under the control of the UST system owner.

(2) If a UST system underwent permanent closure and the records required under COMAR 26.10.10.05 cannot be maintained at one of the locations specified in §D(1) of this regulation, the owner and the operator of the UST system shall submit the permanent closure records to the Department.

Md. Code Regs. 26.10.04.05

Regulation .05C amended effective January 16, 2006 (33:1 Md. R. 39)
Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 224); adopted effective 49:12 Md. R. 642, eff. 6/13/2022