Md. Code Regs. 26.10.13.04

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

Section 26.10.13.04 - Permit Application Requirements

A. An owner, an operator, and a person in charge of an OCS facility shall obtain an Individual Oil Operations Permit in accordance with the requirements of this regulation and COMAR 26.10.01.09 and .11.

B. A person applying for an Individual Oil Operations Permit to operate an OCS facility shall include on forms provided by the Department all of the following information:

(1) A general description of the proposed OCS facility, including a description of the treatment process, anticipated production volume, and OCS acceptance procedures;

(2) The name, physical address, and mailing address of the owner of the proposed OCS facility;

(3) If different than the owner specified in §B(2) of this regulation, the name, physical address, and mailing address of the owner of the property on which the OCS facility will be located;

(4) The size of property on which the OCS facility will be located;

(5) The name, physical address, and mailing address of each adjoining property owner; and

(6) One copy of each of the following documents:

(a) A map that delineates the property and the surrounding 1/4 mile area, identifying:

(i) The location of all potable wells, wetlands, floodplains, special flood hazard areas, and intermittent and other surface waters; and

(ii) Each property owner identified in §B(5) of this regulation;

(b) A to-scale diagram of the OCS facility that depicts the:

(i) Treatment and storage areas for OCS and post-treatment soil;

(ii) Storm drains and stormwater retention ponds located at the facility;

(iii) Roads located within the property boundaries of the OCS facility; and

(iv) Existing and proposed structures;

(c) A description of the following features and utilities at the facility:

(i) Vehicle weighing facilities;

(ii) Both wired and wireless communications equipment, including telephones and radios;

(iii) Maintenance facilities;

(iv) Equipment storage facilities;

(v) The location of the OCS facility site supply well, if one is present; and

(vi) The location of the sewerage system;

(d) A description of the proposed soil types and sources of OCS to be accepted and rejected by the OCS facility;

(e) A description of how the OCS facility will control dust, petroleum vapors, and odors;

(f) A description of the manner in which OCS and post-treatment soil will be stored at the facility to prevent the contamination of waters of the State while maintaining compliance with the storage requirements of Regulation .07 of this chapter;

(g) The name, physical address, and mailing address of the laboratory to be used to test OCS and post-treatment soil samples, and a description of the sampling and analytical protocols to be used for testing OCS and post-treatment soil;

(h) The maximum and anticipated average quantity of:

(i) OCS to be accepted or stored at the OCS facility at any one time; and

(ii) Post-treatment soil to be stored at the OCS facility at any one time;

(i) The proposed method of controlling unauthorized access to the OCS facility;

(j) The proposed operating procedures, including:

(i) Hours and days of operation;

(ii) The type and number of pieces of equipment to be used;

(iii) The number of employees and description of individual employee duties;

(iv) The provisions for fire prevention and control;

(v) The provisions for wet weather operations;

(vi) The methods for controlling stormwater run-off from the OCS facility and stormwater run-on onto the OCS facility from adjoining areas; and

(vii) The erosion and sediment control provisions approved by the appropriate approving authority;

(k) An operations manual that includes:

(i) Standard operating procedures for the OCS facility;

(ii) OCS acceptance procedures;

(iii) Sample collection, storage, and analytical procedures;

(iv) The names and duties of key personnel;

(v) Facility maintenance procedures; and

(vi) A quality assurance/quality control plan to ensure OCS is properly treated and post-treatment soil meets the requirements of Regulation .10 of this chapter;

(l) Except for an application for a mobile treatment OCS facility, a closure plan for the proposed OCS facility that includes, at a minimum:

(i) The location and installation details of monitoring wells that will allow for the determination of groundwater flow and that are placed in areas that are most likely to detect a spill, release, or discharge from the OCS facility;

(ii) Procedures for the removal of all OCS from the OCS facility;

(iii) Procedures for the removal of post-treatment soil from the OCS facility; and

(iv) Procedures, schedules, and methods for monitoring the waters of the State at the OCS facility for five years after the closure of the facility;

(m) For an application for a mobile treatment OCS facility, a closure plan for the proposed mobile treatment OCS facility that includes, at a minimum:

(i) Procedures for the removal of all OCS not treated by the mobile treatment OCS facility on-site, and

(ii) Procedures for the removal of post-treatment soil stored on-site; and

(n) Written consent from the owner of the property on which the proposed OCS facility is to be located, as identified in §B(3) of this regulation, stating the proposed OCS facility may be located and operated on the property.

C. Upon review of an application completed in accordance with this regulation, the Department shall:

(1) Notify the applicant in writing that the application is not complete and additional information is required to determine whether the proposed OCS facility is consistent with all applicable requirements of this chapter, COMAR 26.10, and other State laws and regulations;

(2) Issue an Individual Oil Operations Permit to the applicant in accordance with COMAR 26.10.01.11G and H; or

(3) Deny the application for an Individual Oil Operations Permit in accordance with COMAR 26.10.01.12.

D. Renewal of an Individual Oil Operations Permit.

(1) An owner, an operator, and a person in charge of an OCS facility shall:

(a) Except as provided in §D(1)(b) of this regulation, apply to renew an Individual Oil Operations Permit in accordance with §§A and B of this regulation and COMAR 26.10.01.11; and

(b) Submit an application for renewal at least 90 days before the expiration of an Individual Oil Operations Permit.

(2) Unless otherwise directed by the Department, an owner, an operator, and a person in charge of an OCS facility is not required to hold an informational meeting in accordance with Regulation .05 of this chapter when renewing an Individual Oil Operations Permit.

Md. Code Regs. 26.10.13.04

Regulations .04 adopted as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); adopted permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .04A amended effective February 18, 2002 (29:3 Md. R. 224); adopted effective 49:12 Md. R. 642, eff. 6/13/2022