Md. Code Regs. 26.10.09.01

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

Section 26.10.09.01 - General

A. In response to a confirmed spill, release, or discharge of a regulated substance from a storage tank system, the following persons shall comply with the requirements of this chapter:

(1) If a confirmed spill, release, or discharge of a regulated substance from a UST system, the owner and the operator of the UST system and any responsible party; and

(2) Except as otherwise directed by the Department, if a confirmed spill, release, or discharge of oil from a storage tank system, the owner and the operator of the storage tank system and any responsible party.

B. An owner and an operator of a storage tank system and a responsible party shall continue any required abatement, investigation, removal, remediation, mitigation, monitoring, corrective action, or product recovery activities required under this chapter in response to a spill, release, or discharge of a regulated substance until the required activities are completed to the satisfaction of the Department.

C. Definitions.

(1) In this section, "discharge" means:

(a) The addition, introduction, leaking, spilling, or emitting of any pollutant to waters of this State; or

(b) The placing of a pollutant in a location where the pollutant is likely to pollute.

(2) In this chapter, "discharge permit" has the following meaning:

(a) "Discharge permit" means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of the State; and

(b) "Discharge permit" includes:

(i) A State discharge permit issued under Environment Article, § 9-323, Annotated Code of Maryland; or

(ii) A National Pollutant Discharge Elimination System permit issued under the Federal Water Pollution Control Act ( 33 U.S.C. §§ 1251 et seq.), its amendments, and all regulations and rules adopted under the Act.

(3) In this chapter, "permitted discharge" means a discharge conducted under a discharge permit and in compliance with the water pollution control requirements and conditions of COMAR 26.08.01-26.08.04.

Md. Code Regs. 26.10.09.01

Regulations .01 amended and Regulation .08 adopted effective November 4, 1996 (23:22 Md. R. 1498); adopted effective 49:12 Md. R. 642, eff. 6/13/2022