Md. Code Regs. 26.14.01.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.14.01.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "County" means Baltimore City and any county within the State.

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

(3) "Federal act" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.

(4) "Ground water" means water below the land surface in a zone of saturation.

(5) "Hazardous substance" means any substance:

(a) Defined as a hazardous substance under the federal act; or

(b) Identified as a controlled hazardous substance by the Department in the Code of Maryland Regulations.

(6) "National Contingency Plan (NCP)" means the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR 300.

(7) "Oil" means oil as defined in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland.

(8) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation including a government corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

(9) "Release" means the addition, introduction, leaking, spilling, emitting, discharge as defined in Environment Article, Titles 4 and 7, escaping, or leaching of any hazardous substance or oil into the environment.

(10) "Remedy" or "remedial action" means those actions consistent with a permanent remedy taken instead of, or in addition to, removal action in the event of a release or threatened release of a hazardous substance or oil into the environment, to prevent or minimize the release of hazardous substances so that the substances do not migrate to cause substantial danger to present or future public health, welfare, or the environment. This term includes, but is not limited to, the remedies described in the federal act.

(11) "Removal" or "remove" means the cleanup or removal of released hazardous substances or oil from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances or oil into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances or oil, the disposal of removed material, or the taking of other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release. The terms include, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, containment of hazardous substances or oil, and other appropriate actions in response to emergencies.

(12) "Response" or "respond" means remove, removal, remedy, and remedial action. All these terms, including the terms "removal" and "remedial action", include any related enforcement activities.

(13) "Responsible person" means a responsible person as defined in Environment Article, Title 7, Subtitle 2, or a person responsible for the discharge as defined in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland.

(14) "Secretary" means the Secretary of the Environment.

(15) "Site" means:

(a) A building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

(b) An area where a hazardous substance or oil has been deposited, stored, disposed of, or placed, or has otherwise come to be located.

Md. Code Regs. 26.14.01.02