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 warning devices used to gauge levels and to warn of change in levels of liquid cargo during the transport by tank vessel or any other system that gauges levels and warns of changes in levels of liquid cargo that is approved by the USCG under 33 CFR 157.

(4) "Collecting agents" means chemical or other agents that can gel, congeal, herd, entrap, fix, or make an oil mass more rigid or viscous to facilitate its removal from the water surface.

(5) "Control" means the possession of the power to direct or cause the direction of the actions of a person.

(6) "Department" means the Maryland Department of the Environment.

(7) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, dumping, addition of, introduction of any pollutant into waters of the State, or the placing of any pollutant in a location where it is likely to pollute.

(8) "Dispersants" means those chemical agents or compounds which emulsify, disperse, or solubilize oil or which act to further the surface spreading of oil slicks in order to facilitate dispersal of oil.

(9) "General Oil Operations Permit" means the authorization established by Regulation .08 of this chapter for certain categories of facilities to operate within an individual Oil Operations Permit including:

(a) Service stations, garages, marinas, and other similar oil handling facilities under 10,000 gallons storage;

(b) Apartment buildings under 10,000 gallons storage capacity; or

(c) Any other facilities under 10,000 gallons storage except as otherwise provided in Regulation .07 of this chapter.

(10) "Licensee" means any person who is licensed to transfer oil in the State.

(11) "Marine facility operator" or "operator of a marine facility" means a person who owns, operates, or is responsible for the operation of a marine oil facility.

(12) Marine Oil Facility.

(a) "Marine oil facility" means an on-shore or off-shore facility located within waters of the State, including the Chesapeake Bay and its tributaries, used or capable of being used to transfer oil in bulk to or from a tank vessel and includes, but is not limited to, structures, equipment, and appurtenances. In the case of a marine oil facility associated with a factory or power plant, the marine oil facility is limited to those areas used for transfer of oil from a tank vessel.

(b) "Marine oil facility" does not include a vessel.

(13) "Oil Operations Permit" means an individual written authority issued by the Administration pursuant to pertinent law and regulations and describing required performance for specific activities and operations of an oil storage or oil handling facility or vehicle.

(14) "Oil, petroleum products, and their by-products" means oil of any kind and in any liquid form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other waste, crude oils, and every other nonedible liquid hydrocarbon regardless of specific gravity. Oil includes aviation fuel, gasoline, kerosene, light and heavy fuel oils, diesel motor fuels, asphalt, and crude oils, but does not include liquified petroleum gases, such as liquified propane, or any edible oils.

(15) "Oil storage facility" means any facility, above or below ground, in which oil is stored, other than a private residence which stores oil for personal use.

(16) "Operator" means any person owning or operating an oil terminal facility whether by lease, contract, or any other form of agreement.

(17) "Other security" means a trust fund, letter of credit, insurance, or other form of financial responsibility approved by the Department.

(18) "Permittee" means the person holding a valid Oil Operations Permit or subject to a General Oil Operations Permit issued by the Administration.

(19) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(20) "Person in charge" means the owner or person designated by the owner, an operator, or permittee as the one with direct supervisory responsibility for an activity or operation at a facility, such as the transfer of oil to or from any points in the facility.

(21) "Pollution" means every contamination or alteration of the physical, chemical, or biological properties of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organism, liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds, fish, or other aquatic life.

(22) "Precision test" means a test conducted in accordance with the standards set forth in the "NFPA 329 Underground Leakage of Flammable and Combustible Liquids (1987 Edition)", which is incorporated by reference. For commercial names of tests approved by the Administration, see Regulation .23 of this chapter.

(23) "Public vessel" means a vessel, not engaged in commerce, that is operated by the Government of the United States or a state or political subdivision or a foreign nation.

(24) "Removal" means the act of abatement, containment, cleanup, response, or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare from a discharge or threat of a discharge, including, but not limited to, public and private lands, waters of the State, and natural resources, both living and inert.

(25) "Similar oil handling facility" means any facility that stores and dispenses oil for use as a motor fuel.

(26) "Sinking agents" means those chemicals or other agents that can physically sink oil below the water surface.

(27) "Sorbent" means any substance that takes up and holds oil by either adsorption or absorption.

(28) "Spill (spilling)" means any release of oil.

(29) "State" means the State of Maryland.

(30) "Storage system" means a storage tank and all associated piping including fill, vents, dispensing, and return line.

(31) "Tank barge" means a tank vessel not equipped with a means of self propulsion.

(32) "Tank vessel" means a vessel constructed or adapted to carry, or that carries oil in bulk as cargo in a quantity of 300 gallons or more. Tank vessel does not include any vessel dedicated to, and engaged only in, removal-related activities, including training or drills.

(33) "Tank vessel operator" or "operator of a tank vessel" means a person including, but not limited to, the owner, the person who charters the vessel by demise, or the person responsible for the operation of the vessel.

(34) "Transfer" means the loading or unloading of oil in the State into or from a tank vessel, transport, truck tank, tank railcar, pipeline, or any other means used for transporting oil.

(35) "Transport" means a tractor-trailer vehicular unit.

(36) "Transporting" means the movement of oil or storage of oil by tank vessel, transport, truck tank, tank railcar, or pileline, or any other means used for transporting oil, and includes the transfer of oil.

(37) "Truck tank" means a self-contained vehicular unit with a capacity of over 500 gallons, in which the automotive power and the hauling capacity are contained in one complete unit.

(38) "USCG" means the United States Coast Guard.

(39) "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities.

(40) "Vessel" means every watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the State.

(41) "Waters of the State" includes both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage. The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency is included as waters of the State.