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26.10.13.00.htm 26.10.13.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 10 OIL POLLUTION AND TANK MANAGEMENT Chapter 13 Oil-Contaminated Soil Authority: Environment Article, §4-401, 4-402, 4-405, 4-407―4-411, and 4-415―4-418, Annotated Code of Maryland
26.10.13.01.htm 26.10.13.01. 01 Scope.. A. These regulations apply to those persons who own or operate an oil-contaminated soil facility.. B. These regulations are not intended to and do not relieve owners and operators of oil-contaminated soil facilities of the duty to comply with all other regulations.C. These regulations are not intended to and do not affect the Department's authority to direct corrective action in response to a release from an underground storage system under COMAR 26.10.09 and 26.10.10.
26.10.13.02.htm 26.10.13.02. 02 Definitions.. A. Terms not defined in this regulation 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) "Approval" means written permission, other than an Oil Operations Permit, from the Department granted to an applicant to perform certain activities in accordance with the regulations in this chapter.
26.10.13.03.htm 26.10.13.03. 03 Permits, Approvals, and Prohibitions.. A. A person may only store oil-contaminated soil at a permitted oil-contaminated soil facility.. B. A person who treats oil-contaminated soil at an oil-contaminated soil facility, including treatment by a mobile treatment oil-contaminated soil facility or a land-farming oil-contaminated soil facility, shall obtain an Oil Operations Permit.C. A person who treats oil-contaminated soil using a pilot project shall obtain an approval..
26.10.13.04.htm 26.10.13.04. 04 Application Requirements.. A. To obtain an Oil Operations Permit or an approval required in Regulation .03 of this chapter, an applicant shall submit an application containing a description of the proposed activity and facility, on a form supplied by the Department. The application shall contain the following information:1) Name and address of the owner of the oil-contaminated soil facility;. 2) Name and address of the owner of property on which the oil-contaminated
26.10.13.05.htm 26.10.13.05. 05 Permit Requirements.. A. Except as provided in §D of this regulation, an Oil Operations Permit shall specify the following requirements:1) Maximum quantities of oil-contaminated soil and post-treatment soil to be stored at the facility at any one time;2) Method to be used for storage of untreated and post-treatment soil;. 3) Method of stormwater run-on/run-off control;. 4) Maintenance of sampling and testing records for accepted oil-contaminated soil;.
26.10.13.06.htm 26.10.13.06. 06 Storage Requirements.. A. Owner's or Operator's Responsibilities.. 1) The owner or operator of an oil-contaminated soil facility shall meet the storage requirements in §A(2) and (3) of this regulation.2) All oil-contaminated soil shall be stored on an impermeable base meeting a maximum permeability of 10-7 centimeters per second and under a shelter. If the owner or operator demonstrates to the satisfaction of the Department that the oil is physically and chemically bound
26.10.13.07.htm 26.10.13.07. 07 Acceptance Requirements.. A. The owner or operator of an oil-contaminated soil facility may not accept oil-contaminated soil that contains a controlled hazardous substance as defined in Environment Article, Title 7, Annotated Code of Maryland.B. Before acceptance by an oil-contaminated soil facility, oil-contaminated soil shall be analyzed for TPH by an EPA-approved laboratory test method or other equivalent method that is appropriate as determined by the Departme
26.10.13.08.htm 26.10.13.08. 08 Refusal Criteria.. A. The owner or operator of an oil-contaminated soil facility shall refuse for acceptance at the facility all oil-contaminated soil not meeting the criteria specified in the Oil Operations Permit. If, after acceptance of oil-contaminated soil, a sample shows that the oil-contaminated soil does not meet the permit criteria or that the oil-contaminated soil contains free liquid oil, the owner or operator of a facility shallkeep that oil-contaminate
26.10.13.09.htm 26.10.13.09. 09 Post-Treatment Requirements.. A. All post-treatment soil shall contain a TPH concentration of 10 parts per million or less unless otherwise approved as specified in §B of this regulation. The owner or operator of a facility shall immediately reprocess or remove oil-contaminated soil that contains a TPH concentration greater than 10 parts per million to a permitted or authorized facility. For purpose of Regulation .06 of this chapter, soil required by this section to be immedi
26.10.13.10.htm 26.10.13.10. 10 Quality Control, Sample Collection, and Analysis.. A. An owner or operator of an oil-contaminated soil facility shall maintain a quality control program approved by the Department that establishes an adequate tracking mechanism and verification for oil-contaminated soil received by the facility.B. An owner or operator of an oil-contaminated soil facility shall collect a grab sample for each incoming truckload of oil-contaminated soil, and combine not more than three
26.10.13.11.htm 26.10.13.11. 11 Post-Treatment Use of Oil-Contaminated Soils.. There is no restriction on the use of oil-contaminated soil that has been treated and:. A. Contains a TPH concentration of 10 parts per million or less;. B. Documentation is maintained which demonstrates that during the treatment process, the equipment is operating at a level that assures the treated oil-contaminated soil contains a TPH concentration of 10 parts per million or less; orC. The owner or operator
26.10.13.12.htm 26.10.13.12. 12 Closure Requirements.. A. An applicant for an Oil Operations Permit or an approval shall submit a closure plan for the proposed oil-contaminated soil facility to the Department. The closure plan shall be amended as required by the Department following review of the document for compliance with this regulation. Following satisfactory amendment, if any, of the closure plan, the Department shall approve the plan if the Department determines that the plan protects the publ
26.10.13.13.htm 26.10.13.13. 13 Right of Entry.. An applicant shall agree, as a prerequisite to the issuance of an Oil Operations Permit or approval, to allow the Secretary, at reasonable times and upon presentation of credentials, to enter a facility to:A. Inspect or copy records required to be kept by the conditions of the Oil Operations Permit or approval, or by regulation;B. Inspect monitoring equipment and methods, treatment systems, pollution management systems, control systems and devices, an
26.10.13.14.htm 26.10.13.14. 14 Permit and Approval Suspension, Revocation, Modification, and Renewal.. A. An Oil Operations Permit or approval may be suspended, revoked, extended, modified, or renewed in accordance with the provisions of §B―D of this regulation.B. Suspension or Revocation.. 1) If the Department determines that a violation of any provisions of the Oil Operations Permit or approval, or other applicable federal, State, or local requirements related to oil pollution has occu
26.10.13.15.htm 26.10.13.15. 15 Informational Meeting.. A. Before issuing an Oil Operations Permit,an informational meeting shall be conducted. This informational meeting may be consolidated with other Departmental informational meetings.B. An applicant for an Oil Operations Permit is responsible for providing an approved meeting location, and for properly advertising a notice of the informational meeting in a newspaper of general circulation in the local area of the proposed facility. The notice shall appea
26.10.13.9999.htm 26.10.13.9999. Administrative History Effective date:. Regulations .01―15 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 .03D amended effective February 18, 2002 (29:3 Md. R. 224). Regulation .04A amended effective February 18, 2002 (29:3 Md. R. 224).
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