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26.27.01.00.htm 26.27.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 27 HAZARDOUS MATERIAL SECURITY Chapter 01 Hazardous Material Security Authority: Environment Article, §7-701―7-709, Annotated Code of Maryland
26.27.01.01.htm 26.27.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Facility.. a) "Facility" means a location in the State in which a hazardous material is stored, dispensed, used, or handled.b) Facility does not include:. i) A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or. ii) A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer in
26.27.01.02.htm 26.27.01.02. 02 Scope.. A. This chapter applies to any person who owns, operates, maintains, or causes to operate or maintain a facility in this State.B. This chapter does not apply in any local jurisdictions that adopt hazardous material security standards that are at least as stringent as the requirements of Regulation .05A of this chapter.C. This chapter does not apply to any facility subject to any comprehensive federal site security program.
26.27.01.03.htm 26.27.01.03. 03 General Provisions.. A. On or before October 1, 2005 and at least every 5 years thereafter, persons referenced under Regulation .02 of this chapter shall:1) Analyze the security of the facility in accordance with the hazardous material security standards adopted by the Department under Regulation .05 of this chapter;2) Submit to the Department the analysis required under §A(1) of this regulation, addressing potential security threats, vulnerabilities, and conseque
26.27.01.04.htm 26.27.01.04. 04 Confidentiality.. A. Analyses, documents, and their supporting documents, submissions required under this chapter, and any documents obtained by the Department or the Department of State Police in the course of conducting audits under Regulation .03C(2) of this chapter, are confidential and are not public documents that may be disclosed without prior written permission of the person subject to this chapter in accordance with State Government Article, Title 10, Sub
26.27.01.05.htm 26.27.01.05. 05 Hazardous Material Security Standards.. A. The following requirements shall be complied with to satisfy Regulation .03A(1) and (2) of this chapter:1) Preparation of a document prioritizing and analyzing potential security threats, vulnerabilities, and consequences;2) Development and implementation of security measures commensurate with risks;. 3) Documentation of security management programs, processes, and procedures;. 4) Training, drills, and guidance for employees, c
26.27.01.06.htm 26.27.01.06. 06 Internal Audits.. A. Each facility shall conduct an annual audit of compliance with the facility's security plans and procedures.B. The internal audit shall:. 1) Assess relevant security programs and processes; and. 2) Provide schedules for the implementation of any required corrective measures.. C. If corrective measures are required, a list of those measures with the schedule shall be submitted to the Department.
26.27.01.07.htm 26.27.01.07. 07 Third-Party Verification.. A. The facility shall certify to the Department that a third-party has verified that the physical security measures that have been identified under the required periodic analysis of potential security threats, vulnerabilities, and consequences have been implemented.B. There shall be no direct or indirect familial relationship between the third-party verifiers and the facility owners or operators unless the relationship is fully disclosed
26.27.01.08.htm 26.27.01.08. 08 Documentation.. A. Every facility shall maintain paper and electronic supporting materials necessary to document the most recently conducted analysis submitted under Regulation .03A of this chapter.B. This documentation shall be available with 24 hours advance notice for inspection by the Department or the State Police.
26.27.01.09.htm 26.27.01.09. 09 Audit.. A. The Department, in consultation with the Department of State Police, shall audit a facility, through an inspection or other investigation, to verify the analysis submitted in accordance with Regulation .03 of this chapter.B. A person may not knowingly submit false information under this chapter..
26.27.01.10.htm 26.27.01.10. 10 Enforcement.. A. If the Department, through an audit or otherwise, finds that the facility is not in compliance with the hazardous material security standards of this subtitle, the Department shall refer the violation to the Department of State Police for enforcement.B. The Department of State Police, in consultation with the Department, shall adopt a regulation or part of a regulation to enforce compliance by a facility with the hazardous material security standa
26.27.01.11.htm 26.27.01.11. 11 Penalties.. A. A person who violates this subtitle or any regulation adopted under this subtitle is subject to a civil penalty not exceeding $1,000 per violation.B. Each day that a violation continues is a separate violation..
26.27.01.12.htm 26.27.01.12. 12 Other Requirements Not Affected.. This chapter does not relieve any facility from any requirement under any federal, State, or local law or ordinance to report to units of federal, State, or local government.
26.27.01.9999.htm 26.27.01.9999. Administrative History Effective date: January 2, 2006 (32:26 Md. R. 1998).
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