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26.10.01.00.htm 26.10.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 10 OIL POLLUTION AND TANK MANAGEMENT Chapter 01 Oil Pollution Authority: Environment Article, § 4-401, 4-402, 4-405, 4-407―4-411, and 4-415―4-418, Annotated Code of Maryland
26.10.01.01.htm 26.10.01.01. 01 Definitions.. A. In these regulations, the terms in §B have the meanings indicated. Terms not defined in §B have the meanings given to them in the relevant statutes or, if not defined in statutes, the meanings attributed by common use.B. Terms Defined.. 1) "Administration" means the Waste Management Administration.. 2) "Barge" means any vessel not equipped with a means of self propulsion.. 3) "Cargo level monitor system" means a system of fixed level sensing and w
26.10.01.01-1.htm 26.10.01.01-1. 01-1 Exemption.. The requirements of this chapter, other than Regulations .02, .03, and .04, do not apply to any vessels, facilities, or equipment when used in activities related to the removal of oil within a response area as defined by the State or federal on-scene coordinator.
26.10.01.02.htm 26.10.01.02. 02 Prohibition Against Oil Pollution.. A. A person may not pump, discharge, spill, throw, drain, deposit, or cause to be deposited, oil or other matter containing oil into, near, or in an area likely to pollute, waters of the State.B. A person may not pump, discharge, deposit or cause to be deposited, bilge or ballast water, or water from any receptacle containing oil, in a manner by which oil may escape into, or in an area likely to pollute, waters of C. A person violating the
26.10.01.03.htm 26.10.01.03. 03 Report of Oil Spill or Discharge.. A. A person discharging or permitting the discharge of oil, or who either actively or passively participates in the discharge or spilling of oil, either from a land-based installation, including vehicles in transit, or from any vessel, ship, or boat of any kind, shall report the incident immediately to the Administration. He shall remain available until clearance to leave is given by the appropriate officials designated i
26.10.01.04.htm 26.10.01.04. 04 Procedure for Removal.. A. Responsibility for the prompt control, containment, and removal of any oil discharge or threat of discharge shall be with the person responsible for the discharge as defined in Environment Article, §4-401, Annotated Code of Maryland. For discharges occurring from improperly abandoned storage systems, the current land owners, and any person who owned, leased, or was otherwise responsible for a system at the time it was abandoned shall also be r
26.10.01.05.htm 26.10.01.05. 05 Site Status Letters.. A. The Department may issue notice of compliance, site condition, cleanup suspension, and final closure letters to either a person responsible for a discharge of oil, or any other person associated with a site subject to regulatory requirements under this subtitle.B. A notice of compliance letter shall be issued, upon request, to a person who has received from the Department a notice of a violation of one or more of the regulatory provi
26.10.01.06.htm 26.10.01.06. 06 Oil Transfer License.. A. A person shall obtain a license to transfer oil in the State.. B. A license shall be obtained by completing an application form provided by the Administration.. C. The required license fee shall be as determined by Environment Article, §4-411(c) Annotated Code of Maryland, and shall be paid monthly. The fee shall be paid not later than the last day of each month or postmarked 2 days before the end of each month for the number of bar
26.10.01.07.htm 26.10.01.07. 07 Oil Operations Permit.. A. A person engaging in one or more of the following activities shall obtain an Oil Operations Permit in accordance with Regulations .07―12 and .16 of this chapter, or approval, when provided for, in COMAR 26.10.13:1) Oil storage facilities involving the above-ground storage of oil in quantities of 10,000 U.S. gallons or more (for additional requirements, see Regulations .02, .03, .04, .06, and .12 of this chapter and COMAR 26.10.02―11)
26.10.01.08.htm 26.10.01.08. 08 General Oil Operations Permit.. A. The following oil handling and oil storage facilities are permitted provided the conditions specified in this regulation for these facilities are met:1) Facilities having above-ground storage capacity less than 10,000 gallons shall meet the requirements of Regulations .02, .03, .04, .06, and .12 of this chapter; or2) Truck tanks having storage capacity less than 500 gallons shall meet the requirements of Regulations .02, .03, .04, .06, .
26.10.01.09.htm 26.10.01.09. 09 Facilities Exempt from Oil Operations and General Oil Operations Permits; Specially Permitted Activities.A. Storage facilities at a single family residence and for personal use are exempt from the permit requirements of Regulations .07 and .08 of this chapter, but are subject to the requirements of Regulations .02, .03, and .04 of this chapter.B. Special Permit.. 1) A person shall obtain a special permit for the testing of oil pollution control measures or equipment.
26.10.01.10.htm 26.10.01.10. 10 Requirements for Application for an Oil Operations Permit (Not Applicable to General Oil Operations Permit)A. The person in charge of each facility shall submit a written application for a permit, accompanied by a copy of the facility's comprehensive contingency plan, including a containment and clean-up plan.B. The plan for containment and clean-up shall include the following information:. 1) List of persons, including names, addresses, and telephone numbers to be
26.10.01.11.htm 26.10.01.11. 11 Conditions for Issuance of a Permit (Not Applicable to General Oil Operations Permit). A. After reviewing the oil handling procedures and practices involved and inspecting the facility, if necessary, the Administration shall issue the permit if it determines that the:1) Requirements of this chapter can be met;. 2) Facility is properly and adequately equipped to prevent oil pollution and control oil spills; and. 3) Person in charge of the facility has the capabi
26.10.01.12.htm 26.10.01.12. 12 Requirements for Above-Ground Oil Storage Facilities.. A. Standards Incorporated by Reference.. 1) Storage tanks, venting, piping, and metering devices installed shall be in accordance with the appropriate standards of the National Fire Protection Association, the American Petroleum Institute, and the Petroleum Equipment Institute. Any underground piping associated with above-ground oil systems shall be installed in accordance with the requirements of COMAR 26.10.03.02.
26.10.01.13.htm 26.10.01.13. 13 Repealed..
26.10.01.14.htm 26.10.01.14. 14 Repealed..
26.10.01.15.htm 26.10.01.15. 15 Repealed..
26.10.01.16.htm 26.10.01.16. 16 Requirements for Oil Delivery by Truck Tank or by Transport.. A. Transfer hose and fittings shall be of a grade suitable for the type of oil product transferred and for the type of delivery.B. Transfer hoses shall be designed to withstand pressure of the shut-off head of the cargo pump or pump relief valve setting.C. Any vehicle used in the transport or transfer of oil shall be in compliance with COMAR 11.16.01 and COMAR 11.21.01 and NFPA Standard 385, "Standard
26.10.01.17.htm 26.10.01.17. 17 Requirements of Drivers of Truck Tanks and Transports.. A. A driver operating a truck tank or transport shall comply with the following requirements:. 1) A driver shall operate a truck tank or transport in accordance with NFPA Standard 385 "Tank Vehicles for Flammable and Combustible Liquids" 2000, which is incorporated by reference;2) A driver shall be 21 years old or older as required by Transportation Article, §25-111, Annotated Code of Maryland.B. A driver shall remain
26.10.01.18.htm 26.10.01.18. 18 Requirements for Oil Transfer Facilities.. A. This regulation is applicable only to those facilities with loading racks.. B. Requirements for Spill Control.. 1) The area of the loading rack in which a spill can occur shall be paved.. 2) Containment curbs, trenching, or other reasonable spill control systems shall be used for rail tank car, truck tank, and transport transfer areas.3) Oil spilled within the containment area shall be removed immediately and disposed of in a manner
26.10.01.19.htm 26.10.01.19. 19 Repealed..
26.10.01.20.htm 26.10.01.20. 20 Requirements for Garages, Service Stations, Marinas, and Similar Oil-Handling Facilities.. A. Storage systems shall be installed and operated in accordance with the requirements of this subtitle.B. The oil distribution company shall be responsible for monitoring inventory control of the storage system when the facility operates under the meter marketing plan.C. All sewers and drains serving these facilities, and receiving oil-bearing wastes or wastewaters f
26.10.01.21.htm 26.10.01.21. 21 Effect on Other Government Regulations.. These regulations are not intended to and do not relieve the permittee of the duty to comply with all other valid governmental regulations governing activities regulated under these regulations.
26.10.01.22.htm 26.10.01.22. 22 Requirements for Marine Oil Facilities.. A. Required Response Plan.. 1) The operator of a marine facility that is required to have an approved response plan under 33 CFR Part 154, Subpart F, may not operate the marine facility in this State unless the operator and facility are in full compliance with federal requirements for the response plan.2) The response plan shall include, at a minimum, training, discharge contingency, and removal equipment elements.3) The marine facility op
26.10.01.23.htm 26.10.01.23. 23 Requirements for Tank Vessels.. A. Required Tank Vessel Response Plan.. 1) Tank vessel operators shall comply with the requirements of §A(2)4) of this regulation.. 2) The operator of each tank vessel required to have an approved response plan under 33 CFR Part 155, Subpart D, may not operate the tank vessel in this State unless the operator and tank vessel are in full compliance with federal requirements for the response plans.3) The response plan shall include, at a minimum,
26.10.01.24.htm 26.10.01.24. 24 Bonding Requirements for Tank Vessels.. A. The operator of a tank vessel, other than a public vessel, upon entering waters of the State to transfer greater than 25 barrels of oil in bulk as cargo shall post a bond, or other security as set forth in §F of this regulation, of $500 per gross ton of vessel. The bond or other security shall be in a form approved by the Department and shall be obtained by the tank vessel operator.
26.10.01.9999.htm 26.10.01.9999. Administrative History Effective date: September 1, 1974 (1:1 Md. R. 33). Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593). Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607). Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134). Regulations .01―06 and .08―13 transferred to COMAR 10.50.01 effective July 1, 1980 ―. Regulations .01―21 adopted effective January 28, 1985 (12:2 Md. R. 134). Regulations .01A, B, .02C
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