Sec. 26.10.13.06. Storage Requirements

A. Owner's or Operator's Responsibilities.

(1) The owner or operator of an oil-contaminated soil facility shall meet the storage requirements in §A(2) and (3) of this regulation.

(2) All oil-contaminated soil shall be stored on an impermeable base meeting a maximum permeability of 10^{-7 centimeters per second and under a shelter. If the owner or operator demonstrates to the satisfaction of the Department that the oil is physically and chemically bound in a product or the product does not leach contaminants, that product is exempt from this requirement.}

(3) The oil-contaminated soil facility shall be limited to a storage volume of oil-contaminated soil not to exceed a 90-day treatment capacity as approved by the Department, unless the owner or operator of an oil-contaminated soil treatment facility can demonstrate in writing to the Department that the facility can adequately store and treat an additional storage volume for a specified time period.

B. The owner or operator of an oil-contaminated soil facility may not receive or store oil-contaminated soil that does not meet the requirements of Regulation .07 of this chapter.

C. If oil-contaminated soil has been stored in Maryland before January 18, 1993, a person may continue to store that soil for up to 180 days after January 18, 1993 if a plan detailing the provisions for removal or disposal to a permitted or authorized facility is submitted to and approved by the Department.

D. The plan used to meet the requirements of §C of this regulation shall include the following:

(1) Quantity of oil-contaminated soil;

(2) Quantity of oil-contaminated soil to be removed and dates by which the oil-contaminated soil will be removed;

(3) Location to which any oil-contaminated soil will be removed;

(4) Verification from a permitted oil-contaminated soil facility or other authorized facility that the oil-contaminated soil planned to be removed will be accepted by that facility; and

(5) Verification that stored oil-contaminated soil is not a controlled hazardous substance as defined in Environment Article, Title 7, Annotated Code of Maryland.

E. The Secretary may grant an extension to the 180-day limit based on compliance with an approved plan, a demonstration of need by the facility, and if that extended storage does not adversely affect the public health and environment.