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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:
.07 Corrective Action Plan.
A. The Department may require owners, operators, and other responsible parties to submit additional information or to develop and submit a corrective action plan for responding to contaminated soil and ground water. If a plan is required, owners, operators, and other responsible parties shall submit the plan according to a schedule and format established by the Department. Additionally, owners, operators, and other responsible parties may, after fulfilling the requirements of Regulations .02--.04 of this chapter, be required to submit a corrective action plan for responding to contaminated soil and ground water. In either case, owners, operators, and other responsible parties are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the Department, and shall modify their plan as necessary to meet this standard.
B. The Department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the Department may consider the following factors as appropriate:
(1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
(2) The hydrogeologic characteristics of the facility and the surrounding area;
(3) The proximity, quality, and current and future uses of nearby surface water and ground water;
(4) The potential effects of contamination remaining at the conclusion of the planned corrective action on nearby surface water and ground water;
(5) A human health exposure assessment; and
(6) Any information assembled in compliance with this regulation.
C. Upon approval of the corrective action plan or as directed by the Department, owners, operators, and other responsible parties shall implement the plan, including modifications to the plan made by the Department. They shall monitor, evaluate, and report the results, implementing the plan in accordance with a schedule and in a format established by the Department.
D. In the interest of minimum environmental contamination and promoting more effective cleanup, owners, operators, and other responsible parties shall begin cleanup of soil and ground water before the corrective action plan is approved provided that they:
(1) Notify the Department of their intention to begin cleanup;
(2) Comply with any conditions imposed by the Department, including halting cleanup or mitigating adverse consequences from cleanup activities; and
(3) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the Department for approval.
E. Remediation activities shall continue until removal of the released regulated substance has been accomplished to the satisfaction of the Department.
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