Document Citation: COMAR 26.10.09.03

Header:
CODE OF MARYLAND REGULATIONS
TITLE 26. DEPARTMENT OF ENVIRONMENT
SUBTITLE 10. OIL POLLUTION AND TANK MANAGEMENT
CHAPTER 09. RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES


Date:
08/31/2009

Document:

.03 Initial Abatement Measures and Site Check.

A. Unless directed to do otherwise by the Department, owners, operators, and other responsible parties shall perform all of the following abatement measures:

(1) Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment.

(2) Visually inspect any aboveground release or exposed belowground releases and prevent further migration of the released substance into surrounding soils and ground water.

(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures, such as sewers or basements.

(4) Begin corrective action in accordance with this chapter if the investigation in COMAR 26.10.08.03 indicates that a leak exists in the system, tank, or piping.

(5) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner, operator, and other responsible parties shall comply with applicable State and local law. Excavated contaminated soils shall be removed from the site within 50 days or treated in accordance with a corrective action plan approved by the Department.

(6) Investigate to determine the location and extent of a release beginning with the area where the contamination is most likely to be present unless the location, extent, and source of the release have been confirmed in accordance with the site check required by COMAR 26.10.08.03B or the closure site assessment of COMAR 26.10.10.03A. In selecting sample types, sample locations, and measurement methods, the owner, operator, and other responsible parties shall consider the nature of the stored substance, site soil characteristics, the type of backfill, depth to ground water, and other factors as appropriate for identifying the presence and source of the release.

(7) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with Regulation .05 of this chapter.

B. Within 20 days after release confirmation, or within another period of time required by the Department, owners, operators, and other responsible parties shall submit a report to the Department summarizing the initial abatement steps taken under ยง A of this regulation and any resulting information or data.