Md. Code Regs. 26.10.09.07

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

Section 26.10.09.07 - Corrective Action Plan

A. At any point after reviewing the information submitted in compliance with Regulations .02-.04 of this chapter, the Department may require an owner and an operator of a storage tank system and a responsible party to:

(1) Submit additional information related to the requirements of this chapter; or

(2) Develop and submit a corrective action plan for remediating contaminated soil and groundwater, and submit the corrective action plan according to a schedule and in a format established by the Department.

B. After fulfilling the requirements of Regulations .02-.04 of this chapter, an owner and an operator of a storage tank system and a responsible party may choose to submit a corrective action plan for remediating contaminated soil and groundwater.

C. If a corrective action plan is submitted under a scenario described in §A or B of this regulation, an owner and an operator of a storage tank system and a responsible party shall:

(1) Ensure the corrective action plan provides for the adequate protection of human health and the environment as determined by the Department; and

(2) Modify a submitted corrective action plan as necessary to maintain adequate protection of human health and the environment as determined by the Department.

D. The Department may approve a corrective action plan submitted by an owner and an operator of a storage tank system and a responsible party only after:

(1) Ensuring that the implementation of the plan will adequately protect human health, safety, and the environment; and

(2) Considering the following factors, as appropriate:

(a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(b) The hydrogeologic characteristics of the site and the surrounding area;

(c) The proximity, quality, and current and future uses of nearby surface water and groundwater;

(d) The potential effects of residual contamination at the conclusion of the planned corrective action on nearby surface water and groundwater;

(e) An exposure assessment; and

(f) Any information assembled in compliance with this chapter.

E. Upon approval of a corrective action plan or as directed by the Department, an owner and an operator of a storage tank system and a responsible party shall:

(1) Implement the plan, including modifications to the plan made by the Department; and

(2) Monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the Department.

F. In the interest of minimizing environmental contamination and promoting more effective remediation, an owner and an operator of a storage tank system and a responsible party may begin remediation of soil and groundwater before the corrective action plan is approved, if the owner and the operator of the storage tank system and the responsible party:

(1) Notifies the Department of its intention to begin remediation;

(2) Complies with any conditions imposed by the Department, including halting remediation or mitigating adverse consequences from remediation activities; and

(3) Incorporates these self-initiated remediation measures into the corrective action plan that is submitted to the Department for approval.

G. In accordance with Regulation .01B of this chapter, an owner and an operator of a storage tank system and a responsible party shall continue remediation activities until removal of the spilled, released, or discharged regulated substance is accomplished to the satisfaction of the Department.

Md. Code Regs. 26.10.09.07

Regulations .07 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