26.10.01.05

.05 Site Status Letters.

A. The Department may issue notice of compliance, site condition, cleanup suspension, and final closure letters to either a person responsible for a discharge of oil, or any other person associated with a site subject to regulatory requirements under this subtitle.

B. A notice of compliance letter shall be issued, upon request, to a person who has received from the Department a notice of a violation of one or more of the regulatory provisions of this subtitle, after the violation is corrected to the satisfaction of the Department.

C. Site Condition Letter. A site condition letter shall be issued, upon request, stating whether the:

(1) Department requires remedial action at a site; or

(2) Site is in compliance with the regulations in this subtitle.

D. Cleanup Suspension Letter.

(1) Subject to §F of this regulation, a cleanup suspension letter shall be issued, upon request, if the Department determines that no further treatment of soil or ground water is required for a specific discharge being removed and remediated under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .04 of this chapter, or COMAR 26.10.09.

(2) The person responsible for the discharge of oil or the person performing the cleanup shall continue to monitor the site as may be required by the Department.

(3) If issued, a cleanup suspension letter is applicable to any transferee of title, successor or assign of the person responsible for the discharge of oil, or other person who performed the cleanup.

E. Final Closure Letter.

(1) Subject to §F of this regulation, a final closure letter shall be issued after the Department determines that a site at which a discharge of oil occurred is in compliance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .04 of this chapter, or COMAR 26.10.09.

(2) A final closure letter shall state that the person responsible for the discharge of oil or the person performing the cleanup is released from any additional corrective action under this subtitle regarding the discharge, except in those circumstances described in §F of this regulation.

(3) A final closure letter is applicable to any transferee of title, successor or assign of the person responsible for the discharge of oil, or person who performed the cleanup.

F. The Department may require a person responsible for the discharge to take further remedial action at a site subject to a letter issued under this regulation if it determines that:

(1) There is a threat to public health and welfare or the environment;

(2) The discharge recurs as free phase oil product;

(3) A letter issued under D and E of this regulation was obtained through fraud or misrepresentation; or

(4) A new or previously undiscovered discharge of oil is found that would require a corrective action under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, or this subtitle.

G. A purchaser of oil-contaminated property does not become a person responsible for a discharge solely as a result of the purchase of the property, unless the purchaser is otherwise a person responsible for a discharge under Environment Article, §4-401(i), Annotated Code of Maryland.