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26.10.14.00.htm 26.10.14.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 10 OIL POLLUTION AND TANK MANAGEMENT Chapter 14 Underground Storage Tank Site Cleanup Reimbursement Authority: Environment Article, §4-401, 4-402, 4-405, 4-407, 4-408, 4-409, 4-410, 4-411, 4-411.1, 4-411.2, 4-415, 4-415.1, 4-417, 4-701 et seq. and 7-201 et seq. Annotated Code of Maryland
26.10.14.01.htm 26.10.14.01. 01 Scope.. A. This chapter provides the mechanisms for reimbursing an owner or operator of a registered underground oil storage tank system, including one storing heating oil for non-residential use, for certain oil-contaminated site environmental cleanup costs. This chapter also provides the mechanisms for reimbursing an owner of a residential heating oil tank.B. This chapter may not be construed:. 1) To provide evidence of financial responsibility for owners and operators
26.10.14.02.htm 26.10.14.02. 02 Exclusions.. This chapter does not provide reimbursements for:. A. Environmental cleanup costs incurred before October 1, 1993;. B. Environmental cleanup costs for heating oil tanks incurred before October 1, 2000;. C. Environmental cleanup costs that result from the spill or discharge of oil not originating from a registered underground oil storage tank system or a heating oil tank;D. Costs resulting from underground storage tank or heating oil tank system
26.10.14.03.htm 26.10.14.03. 03 Definitions.. A. Terms not defined in this regulation have the meanings given to them in the relevant statutes and in COMAR 26.10.02.04 or, if not defined there, the meanings attributed by common use.B. Terms Defined.. 1) "Approved application" means an application that has been submitted by a qualified applicant in accordance with Regulation .06 of this chapter and has been approved by the Department for a reimbursement allocation.
26.10.14.04.htm 26.10.14.04. 04 Reimbursement Process.. A. An owner or operator seeking reimbursement from the Fund may apply to the Department in accordance with the application requirements in Regulation .06 of this chapter.B. The Department shall reimburse applicants with approved applications to the extent there are available revenues in the Fund and in accordance with this chapter.C. The Secretary of the Environment or a designee shall:. 1) Make all final decisions regarding reimbursement matters; and.
26.10.14.05.htm 26.10.14.05. 05 Eligible Site Rehabilitation Costs.. A. Applications Approved before July 1, 1996. The Department shall reimburse an applicant up to the stated limits for the following site rehabilitation costs, if they are cost effective, reasonable, and consistent with an application approved before July 1, 1996:1) Soil handling, including excavation, transportation, and proper disposal―up to $20 per ton up to 100 tons per site;2) Soil treatment―up to:. a) $30,000 per installation;.
26.10.14.06.htm 26.10.14.06. 06 Application Requirements.. A. An owner or operator of an underground oil storage tank as identified in Environment Article, §4-704(b)1)i) Annotated Code of Maryland, may apply to the Department until June 30, 2005 for reimbursement from the Fund, only for site rehabilitation costs incurred on or after October 1, 1993.B. An owner or operator of an underground oil storage tank as authorized in Environment Article, §4-704(b)1)ii) Annotated Code of Maryland, including
26.10.14.07.htm 26.10.14.07. 07 Reimbursement Limit for Each Site.. A. Applications Approved before July 1, 1996. Before receiving reimbursement from the Fund, an applicant shall submit to the Department proof that the minimum deductible has been paid for eligible site rehabilitation costs. The deductible for each site application approved before July 1, 1996, is, for a person owning or operating in Maryland, a total of:1) More than 30 underground storage tanks―40,000;.
26.10.14.08.htm 26.10.14.08. 08 Reimbursement Approval.. A. The Department shall approve qualifying applications for reimbursement allocations under the Fund that meet the environmental and public health criteria in §B of this regulation.B. Criteria.. 1) Applications for sites presenting an immediate or substantial threat to human health or the environment, as determined by the Department, may be approved.2) Sites presenting the threat referred to in §B(1) of this regulation include, but are not limited
26.10.14.09.htm 26.10.14.09. 09 Reimbursement Allocations.. A. Once an application is approved for a reimbursement allocation, that amount shall be reserved within the Fund to pay for reimbursements that are otherwise eligible under this chapter. Any reimbursement allocation left unpaid will be released for other Fund uses.B. An applicant may receive reimbursements from the allocated funds as set forth in Regulation .10 of this chapter.C. The Department reserves the right to revoke a reimbursement allocation i
26.10.14.10.htm 26.10.14.10. 10 Payment Process.. A. After receiving notice of a reimbursement allocation from the Department, an applicant shall submit expenditures eligible for reimbursement under this chapter, on a form supplied by the Department, along with copies of actual invoices or proof of payments, or both. Eligible expenditures shall be submitted at least every 90 days.B. An applicant shall certify that the expenditures submitted are not excluded under Regulation .02E of this chapter.
26.10.14.11.htm 26.10.14.11. 11 Auditing.. A. Upon request of the Department, an applicant shall submit, within 6 months of completing the site rehabilitation or receiving the final payment from the reimbursement allocation, a detailed accounting performed by an independent certified public accountant of all costs incurred and monies reimbursed to date for the site rehabilitation.B. The Department reserves the right to audit all costs, expenses, or files associated with the Fund.C. An applicant shall mai
26.10.14.9999.htm 26.10.14.9999. Administrative History Effective date:. Regulations .01―11 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)Chapter revised effective February 24, 1997 (24:4 Md. R. 295) ―. Chapter revised effective July 23, 2001 (28:14 Md. R. 1324). Regulation .02D amended effective January 12, 2009 (36:1 Md. R. 25). Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 621).
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