§ 33-7-103. PERMIT FOR INSTALLATION, REPAIR, ABANDONMENT, OR REMOVAL OF A STORAGE SYSTEM.

(a)

Installation and repair permits.

(1)

(i)

A person may not install a storage system or repair a storage tank or associated fill lines without receiving a storage system installation or repair permit from the Department of Permits, Approvals and Inspections.

(ii)

All permitted storage systems shall comply with the applicable standards as specified for COMAR 26.10 "Oil Pollution and Tank Management," as amended.

(2)

In case of emergency, if repair is necessary to prevent a release, approval to begin work may be granted by the Department of Environmental Protection and Sustainability, in conjunction with the State Department of the Environment, before issuance of a repair permit.

(b)

Abandonment and removal permits.

(1)

(i)

In this subsection, "out of service" means an underground storage system:

1.

For which daily inventory records have not been collected for a period in excess of 180 days; or

2.

To which no petroleum product has been added or removed from use for a continuous period in excess of 180 days.

(ii)

"Out of service" does not include an underground storage system that has been temporarily removed from service by removal of the petroleum product and filling with water and a corrosion-inhibiting agent, as approved by the State Department of the Environment.

(2)

An underground storage system that has been out of service shall be abandoned in place or removed.

(3)

A person may not abandon an underground storage system in place or remove an underground storage system without receiving a storage system abandonment or removal permit issued by the Department of Permits, Approvals and Inspections.

(4)

Before the issuance of a permit for abandonment in place, the owner of the underground storage system shall provide sufficient evidence to the Department that excavation and removal of the underground storage system would compromise the integrity of on-site structures or be complicated by the presence of underground utilities or other hazards.

(5)

If an underground storage system is abandoned in place:

(i)

The tank and associated piping shall be emptied and cleaned to the satisfaction of the Department;

(ii)

Above-ground portions of vent lines shall be removed and the remaining lines capped at their base;

(iii)

The tank shall be filled with an inert material to be approved by the Department; and

(iv)

An investigation shall be conducted to the satisfaction of the Department to determine whether the underground storage system has released petroleum products resulting in or which could result in the contamination of surface waters or groundwaters of the county.

(6)

(i)

A representative of the Department shall inspect all underground storage systems that are:

1.

Not regulated by the State Department of the Environment; and

2.

Removed or abandoned in place.

(ii)

If the inspection reveals evidence of petroleum product release, if an underground storage system has been removed without an inspection by a representative of the Department, or if an investigation under paragraph (5)(iv) of this subsection reveals evidence of a petroleum product release, the owner of the underground storage system shall be required to provide for the following:

1.

A study to determine the nature and extent of contamination present in soils, groundwaters, and surface waters;

2.

The development of a corrective action plan, based on the result of the assessment study, suitable to the Department and in conjunction with the State Department of the Environment; and

3.

The provision for potable water supply to any and all properties determined by visual evidence, groundwater assessment, or laboratory analysis to be affected by the petroleum product release by the treatment of existing water supply or the provision for new supply.

(c)

Certified technician.

(1)

All installation and repair work on an underground storage system shall be performed only in the continuous on-site presence and under the direction of an individual who is a State Department of the Environment-Certified Underground Storage Tank Technician.

(2)

All tank abandonments or removals of underground storage systems shall be performed only in the continuous on-site presence and under the direction of a State Department of the Environment-Certified Underground Storage Tank Technician or Remover.

(1988 Code, §§ 14-296, 14-300) (Bill No. 156, 1989, § 4, 12-11-1989; Bill No. 93-01, § 1, 12-7-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 122-10, §§ 13, 30, 1-16-2011)