Md. Code Regs. 26.10.14.03

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

Section 26.10.14.03 - Definitions

A. In this chapter:

(1) The terms in §B of this regulation have the meanings indicated; and

(2) A term not defined in §B of this regulation has the meaning given to it in the relevant statutes and in COMAR 26.10.01.02 or, if not defined there, the meaning in the ordinary dictionary definition of the term.

B. Terms Defined.

(1) "Approved application" means an application that has been submitted by a qualified residential owner in accordance with Regulation .06 of this chapter and has been approved by the Department for a reimbursement allocation.

(2) "Department" means the Maryland Department of the Environment.

(3) "Fund" means the Oil Contaminated Site Environmental Cleanup Fund.

(4) "Occurrence" means the existence of contamination resulting from a spill, release, or discharge of oil from one or more residential heating oil tank systems at a site.

(5) "Oil" has the meaning stated in COMAR 26.10.01.02B.

(6) "Reimbursement allocation" means an amount of money from the Fund set aside for an approved application to reimburse a residential owner for site rehabilitation costs incurred, or to be incurred, during the remediation of the site approved on the application as allowed under this chapter.

(7) "Residential heating oil tank" means an aboveground or underground heating oil tank that meets the criteria under Environment Article, § 4-401(e), Annotated Code of Maryland that is used to store heating oil for use as a fuel in heating a single-family residential property.

(8) "Residential heating oil tank system" means a residential heating oil tank and all associated piping, including, but not limited to, fill, vent, dispensing, and return line pipes.

(9) "SDAT" means the State Department of Assessments and Taxation.

(10) "Site" means a single-family residential property where a person owns one or more residential heating oil tank systems that is the source of a spill, release, or discharge of oil, including any soil, groundwater, or surface water at the single-family residential property or a neighboring property affected by the spill, release, or discharge of oil.

(11) Site Rehabilitation.

(a) "Site rehabilitation" means cleanup actions taken in response to a spill, release, or discharge of oil from a residential heating oil tank system.

(b) "Site rehabilitation" includes investigation, evaluation, planning, design, engineering, construction, or other services undertaken and expenses incurred to investigate or clean up affected soils, groundwater, or surface water.

(12) "Supervisor" has the meaning stated in Tax-Property Article, § 1-101(mm), Annotated Code of Maryland.

(13) "Value" has the meaning stated in Tax-Property Article, § 1-101(qq), Annotated Code of Maryland, as determined by the most recent SDAT assessment in accordance with Tax-Property Article, §§ 8-101-8 -104, Annotated Code of Maryland.

Md. Code Regs. 26.10.14.03

Regulations .03 adopted as an emergency provision effective November 18, 1993 (20:25 Md. R. 1937); adopted permanently effective May 19, 1994 (21:9 Md. R. 753)
Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 621); adopted effective 49:12 Md. R. 642, eff. 6/13/2022