Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 26. Department of Environment |
Part 2. |
Subtitle 10. OIL POLLUTION AND TANK MANAGEMENT |
Chapter 26.10.02. Underground Storage Tanks |
Sec. 26.10.02.01. Program Scope
-
A. A person may not pump, discharge, spill, throw, drain, deposit, or cause to be deposited, oil, other matter containing oil, into, near, or in an area likely to pollute waters of the State.
B. A person violating these regulations is subject to sanctions under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, in addition to the permit and license modification, suspension, or revocation proceeding and in addition to any other sanctions provided by law.
C. Responsibility for the prompt control, containment, and removal of any released regulated substance shall be with the person responsible for the discharge, the owner of the property, the owner of the regulated substance, the owner and operator of the storage system, and the person-in-charge of the facility, vessel, or vehicle involved in the release. For releases occurring from improperly abandoned storage systems, the current land owner, 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 released regulated substance has been accomplished to the satisfaction of the Department.
D. An owner or operator may not allow the selling, receiving, or dispensing of oil or any other regulated substance from an UST system that is not in compliance with COMAR 26.10.02-26.10.11 as determined by the Department. The Department shall notify, in writing, the owner or operator that an UST system is not in compliance and may affix a monitoring device, such as a tag, notice, or locking mechanism, to the UST system until compliance is achieved.
E. These regulations are not intended to and do not relieve the owners or operators of the duty to comply with all other government regulations.