Md. Code Regs. 26.10.13.13

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

Section 26.10.13.13 - Closure Requirements

A. Closure Plan Modifications. Subject to the approval of the Department, an owner, an operator, and a person in charge of an OCS facility shall modify a closure plan if:

(1) The operational history of the OCS facility or changes in conditions, such as changes to land use conditions at the site, substantially affect the closure plan in effect;

(2) Before or after closure activities have commenced, unanticipated events necessitate a revision to the closure plan; or

(3) The Department determines a modification of the closure plan is necessary.

B. Initiation of Closure. An owner, an operator, and a person in charge of an OCS facility shall initiate the closure of the OCS facility within 90 days of one of the following occurrences:

(1) An owner, an operator, and a person in charge of an OCS facility determines the OCS facility will no longer be operational;

(2) The OCS facility has suspended OCS treatment activities for greater than six continuous months; or

(3) A condition for closure specified in the Individual Oil Operations Permit occurs.

C. Closure Procedures. An owner, an operator, and a person in charge of an OCS facility shall close the OCS facility in accordance with the closure plan approved by the Department and meet the following requirements:

(1) Remove all OCS from the OCS facility that has not undergone treatment;

(2) Unless otherwise allowed in the Individual Oil Operations Permit, remove all post-treatment soil from the OCS facility;

(3) In accordance with a testing schedule and field and laboratory analytical methods specified by the Department under Regulation .06A of this chapter, monitor the quality of the waters of the State for at least 5 years after completing closure; and

(4) Following the conclusion of the 5-year period for monitoring waters of the State, properly abandon any monitoring wells in accordance with COMAR 26.04.04.

D. Closure of an Individual Oil Operations Permit.

(1) If an Individual Oil Operations Permit only authorizes the operation of an OCS facility, an owner, an operator, and a person in charge of a closed OCS facility may request the Department close the Individual Oil Operations Permit.

(2) Upon the request of an owner, an operator, and a person in charge of an OCS facility, the Department shall close an Individual Oil Operations Permit if the Department determines the closure of the OCS facility was satisfactorily completed in accordance with the closure plan, the Individual Oil Operation Permit, this chapter, and, if applicable, COMAR 26.10.09.

Md. Code Regs. 26.10.13.13

Regulations .13 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); adopted effective 49:12 Md. R. 642, eff. 6/13/2022