Md. Code Regs. 26.10.11.04

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

Section 26.10.11.04 - Reporting Requirements

A. An owner of a UST system shall provide evidence of financial responsibility for one or more USTs to the Department as follows:

(1) Submit evidence of financial responsibility in an electronic format determined by the Department according to the following schedule:

(a) Annually, but not later than 90 days following the initiation of coverage under a financial mechanism or the anniversary date of existing coverage under a financial mechanism; and

(b) Upon the request of the Department; and

(2) Submit as evidence of financial responsibility any applicable forms listed in 40 CFR § 280.111(b) or any other information relevant to compliance with the provisions of this chapter.

B. Unless otherwise directed by the Department, an owner of a UST system shall:

(1) Comply with all of the applicable notification provisions of 40 CFR §§ 280.90 - 280.116, including any accompanying reporting and recordkeeping requirements; and

(2) Provide notification to the Department that demonstrates that the financial assurance mechanism is valid.

C. In accordance with the UST system registration requirements in COMAR 26.10.03.09, an owner of a UST system shall:

(1) Certify compliance with the financial responsibility requirements of this chapter when registering a newly installed or acquired UST system; and

(2) Amend the registration for a registered UST system if:

(a) The owner of the UST system is released from the requirement to maintain financial responsibility for the UST system, as provided under 40 CFR § 280.113; or

(b) The owner of the UST system obtains an alternate mechanism of financial responsibility, if required under 40 CFR § 280.114.

D. In addition to the requirements in §§A and B of this regulation, an owner of a UST system that uses an insurance policy or risk retention group coverage to demonstrate financial responsibility for one or more USTs shall provide to the Department on an annual basis:

(1) An endorsement or certificate of insurance;

(2) Any amendments to the insurance policy or risk retention group coverage, including amendments for additional insured; and

(3) A UST schedule that includes, at a minimum, the following information:

(a) The Department issued regulated substance storage facility identification number;

(b) The registered UST system owner's name and address as insured;

(c) The installation date of the UST system;

(d) The UST system capacity in gallons;

(e) A statement that the UST construction is single-walled or double-walled; and

(f) The type of regulated substance stored in the UST system.

Md. Code Regs. 26.10.11.04

Regulation .04 adopted effective 49:12 Md. R. 642, eff. 6/13/2022