Sec. 26.10.10.02. Permanent Closure and Changes-in-Service

A. At least 30 days before beginning either permanent closure or a change-in-service under B and C of this regulation, or within another reasonable time period determined by the Department, owners, and operators shall notify the Department in writing of their intent to permanently close or make the change-in-service, unless this action is in response to corrective action. Owners and operators shall confirm the planned closure with the Department 48 hours in advance. The required assessment of the excavation zone under Regulation .03 of this chapter shall be performed after notifying the Department but before completion of the permanent closure or a change-in-service.

B. To permanently close a tank, the following actions are required:

(1) Immediately before closure, owners and operators shall empty and clean the tank by removing all liquids and accumulated sludges;

(2) All lines shall be emptied and removed unless otherwise directed by the Department; and

(3) Aboveground portions of vent lines shall be removed and the remaining lines capped at their bases.

C. Tanks Permanently Out-of-Service.

(1) All tanks taken out-of-service permanently shall be removed from the ground.

(2) The Department may give permission to fill a tank in place with a solid inert material upon request by the owner.

D. If the tank is removed, the following shall be done immediately before removal:

(1) All flammable, combustible, or other liquids shall be removed from the system;

(2) The tank shall be purged of all explosive vapors and monitored with an appropriate meter for vapors before and during removal;

(3) All lines shall be disconnected and removed; and

(4) All regulated substances or soils saturated with a regulated substance found in the tank excavation shall be removed and disposed of as required by the Department.

E. When the tank is removed, the following shall be done:

(1) It shall be retested for flammable vapors and, if necessary, purged of all explosive vapors;

(2) Holes or openings shall be made in the tank to make it unfit for further use;

(3) Tanks may not be crushed or cut up on-site if the operation poses a threat to public safety;

(4) Tanks shall be disposed of at a location acceptable to the Department;

(5) The former tank excavation shall be filled to grade with an appropriate fill material; and

(6) The document incorporated in COMAR 26.10.02.06D shall be followed when complying with this chapter.

F. A previously used tank which is removed from the ground may not be reinstalled unless a tank manufacturer provides a written certification that the used tank is suitable for service. The manufacturer's written certification shall be kept on file at the facility or at a location designated by the owner or person in charge of the storage system and be made available for reasonable inspection by the Department for the life of the storage system. All installation requirements of this subtitle shall apply when a previously used tank is installed.

G. Continued use of an UST system to store a nonregulated substance is considered a change-in-service. Before a change-in-service, owners and operators shall empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with Regulation .03 of this chapter.