Sec. 26.10.13.07. Acceptance Requirements

A. The owner or operator of an oil-contaminated soil facility may not accept oil-contaminated soil that contains a controlled hazardous substance as defined in Environment Article, Title 7, Annotated Code of Maryland.

B. Before acceptance by an oil-contaminated soil facility, oil-contaminated soil shall be analyzed for TPH by an EPA-approved laboratory test method or other equivalent method that is appropriate as determined by the Department, for the substance that was discharged. Each delivery shall be accompanied by:

(1) A Department Underground Storage Tank Abandonment Document completed by an authorized Maryland representative;

(2) Another Maryland document or form completed by a Department representative;

(3) An equivalent document from another state that has on-site regulatory control and inspection requirements equivalent to Maryland's; or

(4) A document completed by an authorized representative from another appropriate governmental agency, including a local fire department or emergency response unit, if a document permitted in §B(1)-(3) of this regulation cannot be obtained.

C. A document used to satisfy the criteria in § B of this regulation shall state that the Department or other authorized person, if applicable, has reason to believe, based upon evidence presented to that person on-site, that only oil, and not used oil, oil refuse, or oil mixed with waste, was released on-site.

D. Before acceptance, oil-contaminated soil that does not meet the criteria in § B and C of this regulation shall be analyzed for the following:

(1) TPH by an EPA-approved laboratory test method, or other equivalent method that is appropriate for the type of oil that was discharged, as approved by the Department;

(2) Polychlorinated biphenyls by EPA method 8080 as defined in 40 CFR §260.11, or other method approved by the Department; and

(3) A complete TCLP analysis by EPA method 1311 as defined in 40 CFR 261, Appendix II, or other method approved by the Department, although a TCLP test designed to detect heavy metals only may be performed on oil-contaminated soil that is certified by the generator to be excluded under 40 CFR §261.4(b)(10).

E. All records, documents, and analytical results required under this regulation shall be maintained by the owner or operator of the oil-contaminated soil facility for a minimum of 3 years.