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 responsible. This responsibility shall continue until removal of the discharge or threat of discharge has been accomplished to the satisfaction of the Department or designee specified under Regulation .03C of this chapter.

B. Removal of oil shall be accomplished by physical or mechanical means such as the use of skimming devices or vacuum systems or by the use of inert sorbent material, or by any other method specifically approved by the Department.

C. If sorbent material is employed, the material shall be removed and disposed of in accordance with all State, local, and federal requirements.

D. Collecting agents, dispersants, or sinking agents may not be used except when authorized by the Department.

E. The Department shall assume control, unless the appropriate federal official is directing removal, of any spill situation when it determines that the responsible parties are not acting promptly to remove the spill, or are not undertaking removal or mitigation in a manner appropriate to control or rectify the conditions constituting the emergency or the hazard involved.

F. A response or removal activity shall be considered consistent with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, as long as the activity is not prohibited by Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, the National Contingency Plan, or by the directions of the Department's or a federal on-scene coordinator.