Sec. 26.10.02.04. Definitions

A. In COMAR 26.10.02-26.10.11, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Aboveground release" means any release, discharge, or spill on to the surface of the land or surface water. This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system.

(2) "Administration" means the Land Management Administration of the Maryland Department of the Environment.

(3) "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

(4) "Belowground release" means any release or discharge to the subsurface of the land or to ground water, or both. This includes, but is not limited to, releases from the belowground portions of an underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.

(5) "Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.

(6) "Cathodic protection" is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

(7) "Cathodic protection tester" means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, this person shall have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

(8) "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(9) "Combustible liquid" means a liquid having a closed cup flash point at or above 100°F.

(10) "Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

(10-1) "Completion" means the final grade for an underground oil storage facility is finished including all concrete pads and asphalt paving.

(11) "Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.

(12) "Consumptive use" with respect to heating oil means consumed on the premises.

(13) "Control" means the power to direct or cause the direction of the actions of a person, place, or thing.

(14) "Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. This person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

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

(16) "Discharge" means a discharge as defined in Environment Article, §4-401(d), Annotated Code of Maryland.

(17) "Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system such as the tank from the piping.

(18) "Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

(19) "Excavation zone" means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

(20) "Existing tank system" means a tank system used to contain an accumulation of regulated substances or for which installation commenced on or before December 22, 1988.

(21) "Farm tank" is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank shall be located on the farm property and for sole use in farm activities. "Farm" includes fish hatcheries, rangeland, and nurseries with growing operations.

(22) "Flammable liquid" means a liquid having a closed cup flash point below 100°F.

(23) "Flow-through process tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials before their introduction into the production process or for the storage of finished products or byproducts from the production process.

(24) "Free product" refers to a regulated substance that is present as a nonaqueous phase liquid.

(25) "Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(25-1) Groundwater Drain System.

(a) "Groundwater drain system" means a permanent installation of a horizontal pipe or gravel trench intercepting an underground storage tank excavation for the purpose of removing, directing, or relieving groundwater accumulation to an alternative location.

(b) "Groundwater drain system" does not mean a temporary sump pump or temporary well point dewatering system.

(26) "Hazardous substance" has the meaning stated in §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

(27) "Hazardous substance UST system" means an underground storage tank system that contains a hazardous substance or any mixture of the hazardous substance and petroleum, and which is not a petroleum UST system or a hazardous waste tank as regulated under Subtitle C of RCRA.

(28) Heating Oil.

(a) "Heating oil" means petroleum that is:

(i) No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil;

(ii) Other residual fuel oils including Navy Special fuel oil and bunker C; and

(iii) Other fuels when used as substitutes for one of these fuel oils.

(b) Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

(29) "Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(30) "Implementing agency" means the Maryland Department of the Environment.

(31) "Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations, including gas production plants, for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

(32) "Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing oil or regulated substance.

(33) "Motor fuel" means petroleum or a petroleum-based substance that is:

(a) Motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol; and

(b) Typically used in the operation of a motor engine.

(34) "New tank system" means a tank system that shall be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988.

(35) "Noncommercial purposes" with respect to motor fuel means not for resale.

(36) "Oil" has the meaning stated in Environment Article, §4-401(g), Annotated Code of Maryland.

(37) Oil Storage Facility.

(a) "Oil storage facility" means any installation, structure, or premises, aboveground or underground, in which oil has been or is stored.

(b) "Oil storage facility" does not include any farm tank or residential tank which stores 1,100 gallons or less of oil for noncommercial or personal use.

(38) "On the premises where stored" with respect to heating oil means UST systems located on the same property where the stored heating oil is used.

(39) "Operational life" refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under these regulations.

(40) "Operator" means a person in control of, or having responsibility for, the daily or periodic operation, or the repair, maintenance, closure, testing, or installation, of the UST system.

(41) "Overfill release" is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

(42) "Owner" includes a person who:

(a) Owns an oil storage facility or UST system, or both, used for storage, use, or dispensing of regulated substances; or

(b) Owned the UST system immediately before the discontinuation of its use.

(43) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, State, municipality, commission, political subdivision of a state, or any interstate body. "Person" also includes a consortium, a joint venture, a commercial entity, and the United States Government.

(44) "Person-in-charge" means the person designated by an owner, 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, or the repair, installation, closure, or testing of the UST system.

(45) "Person responsible for the discharge" means:

(a) The owner of the discharged oil;

(b) The owner, operator, or person-in-charge of the oil storage facility, vessel, or vehicle involved in the discharge at the time of or immediately before the discharge; and

(c) Any other person who through act of omission causes the discharge.

(46) "Petroleum UST system" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimus quantities of other regulated substances. This system includes those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, heating oils, lubricants, petroleum solvents, and used oils.

(47) "Pipe" or "piping" means a hollow cylinder or tubular conduit that is constructed of nonearthen materials.

(48) "Pipeline facilities", including gathering lines, means new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.

(49) "Precision test" means a test:

(a) For UST system tightness approved by the Department;

(b) Conducted in accordance with the standards approved by the Department; and

(c) Capable of detecting a 0.05 gallon per hour leak rate from any portion of a tank system with a capacity of up to 12,500 gallons, while accounting for the effects of:

(i) Thermal expansion,

(ii) Contraction of the liquid,

(iii) Vapor pockets,

(iv) Tank deformation,

(v) Evaporation,

(vi) Water, and

(vii) Any subsurface water contacting the underground storage tank.

(50) "Regulated substance" means any substance identified as follows:

(a) A hazardous substance as defined in this regulation; and

(b) Oil as defined in Environment Article, §4-401(g), Annotated Code of Maryland.

(51) "Release" means any discharge as defined in this regulation, including the discharge of a regulated substance from an UST into ground water, surface water, subsurface soils, or into a secondary containment system.

(52) "Release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

(53) "Repair" means to restore a tank or UST system component that has caused a release of a regulated substance from the UST system that has malfunctioned, or has been rendered inoperable in any way.

(53-1) "Replace" means to remove and install any of the following:

(a) An underground tank; or

(b) 40 percent or more of piping connected to a single underground storage tank.

(54) "Residential tank" means a tank used solely for noncommercial purposes and serving not more than one residence.

(55) "SARA" means Superfund Amendments and Reauthorization Act of 1986.

(56) "Secretary" means the Secretary of the Environment.

(56-1) "Secondary containment" means a UL listed or Department-approved system that:

(a) Prevents a release by containing a regulated substance released from the primary tank or piping until it is detected and removed; and

(b) Detects a release by meeting the requirements of COMAR 26.10.05.04H.

(57) "Septic tank" means a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from this receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

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

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

(60) "Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(61) "Surface impoundment" is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is not an injection well.

(62) "Tank" means a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials such as concrete, steel, fiberglass, and plastic, that provide structural support.

(62-1) "Under-dispenser containment" means containment underneath a dispenser that shall:

(a) Prevent leaks from the dispenser from reaching soil or groundwater;

(b) Be liquid-tight on its sides, bottom, and at any penetrations;

(c) Be compatible with the substance conveyed by the piping;

(d) Be tested in accordance with COMAR 26.10.03.03; and

(e) Allow for access to the components in the containment system or be monitored.

(63) "Underground oil storage facility" means a single location that has an underground storage tank regulated by this subtitle.

(64) Underground Storage Tank (UST).

(a) "Underground storage tank (UST)" means any one or combination of tanks, including underground pipes connected to the tank, and the volume of which, including the volume of underground pipes connected to it, is 10 percent or more beneath the surface of the ground.

(b) "Underground storage tank" does not include a:

(i) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel or heating oil for noncommercial purposes unless it is no longer in use, in which case a farm or residential tank shall comply with COMAR 26.10.10;

(ii) Septic tank;

(iii) Pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. App. §1671 et seq.; the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. App. §2001 et seq.; or, for an intrastate pipeline facility, State laws comparable to the provisions of the laws referred to in §B(64) of this regulation;

(iv) Surface impoundment, pit, pond, or lagoon;

(v) Storm water or wastewater collection system;

(vi) Flow-through process tank;

(vii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

(viii) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or pipes connected to any tank which is described in §B(64)(a)-(b) of this regulation.

(65) "Upgrade" means the addition or retrofit of some systems such as interior lining, cathodic protection, spill and overfill controls, or the replacement of 40 percent or more of piping connected to a single underground storage tank.

(66) "UST system" or "tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

(67) "Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

(68) "Waters of the State" include:

(a) 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;

(b) The Chesapeake Bay and its tributaries;

(c) 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; and

(d) The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.