Sec. 26.10.08.01. Reporting of Suspected Releases

A. If a storage system fails a test for tightness, is otherwise determined to be leaking, or there exists evidence of a discharge, the person conducting the test, the owner, and the operator of the storage system shall notify the Department within 2 hours. Two consecutive inconclusive tests are considered a failure and shall be reported as required in this chapter.

B. Circumstances evidencing a discharge that require reporting under §A of this regulation include, but are not limited to, the following:

(1) The discovery of released regulated substances at the UST site or in the surrounding area, such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water;

(2) Unusual operating conditions such as the erratic behavior of product-dispensing equipment, the sudden loss of a regulated substance from the UST system, or an unexplained presence of water in the tank, unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; and

(3) Monitoring results from a release detection method required under COMAR 26.10.05.02 and .03 that indicate a release may have occurred, unless the monitoring device is found to be defective, and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result.