1. A. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required to obtain an Individual Oil Operations Permit under Regulation .09A of this chapter shall complete, on forms provided by the Department, and submit to the Department:

   1. (1) An application for an Individual Oil Operations Permit; and
   2. (2) A plan for notification, containment, and removal of a spill, release, or discharge of oil.

2. B. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the following additional documentation with the forms required under §A of this regulation to the Department:

   1. (1) Satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;
   2. (2) Proof of Workers’ Compensation Insurance or, if not required, a certificate of compliance with the Maryland Workers’ Compensation Act;

   3. (3) If the oil storage facility or oil handling facility is used in the operation of a commercial or business entity, certification and proof that:

      1. (a) The owner has registered the commercial or business entity with the Maryland Department of Assessments and Taxation; and
      2. (b) The commercial or business entity is in good standing with the State at the time the application for an Individual Oil Operations Permit is submitted; and
   4. (4) If a marine oil facility, an updated response plan in accordance with Regulation .21A of this chapter when requested by the Department.

3. C. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall include in the plan for notification, containment, and removal required under §A of this regulation the following information to address containment and removal operations for an oil spill, release, or discharge:

   1. (1) A list of names and telephone numbers of individuals to be notified in the event of an oil spill, release, or discharge at the facility;
   2. (2) Provisions for quick control of an oil spill, release, or discharge, including personnel assignments, equipment and personnel locations, and procedures necessary to obtain equipment and materials;
   3. (3) A list of contractors, equipment, and disposal facilities that may be used for containment and removal;
   4. (4) Confirmation the facility has an up-to-date federal SPCC Plan; and
   5. (5) Additional information as requested by the Department.

4. D. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility shall submit the documents required in §§A—C of this regulation to the Department not later than 60 days prior to:

   1. (1) A new oil storage facility receiving, selling, or dispensing oil; or
   2. (2) A new oil handling facility initiating oil operations.
5. E. Renewal. A permittee shall submit an application for the renewal of an Individual Oil Operations Permit in accordance with §§A—C of this regulation not later than 60 days before the expiration of the Individual Oil Operations Permit.
6. F. Registration of an AST System. An owner, an operator, and a person in charge of an oil storage facility or oil handling facility required under Regulation .10 of this chapter to register each AST system located at the facility shall comply with the registration requirement by submitting a complete permit application in accordance with §§A—C of this regulation.

7. G. When issuing an Individual Oil Operations Permit, the Department shall:

   1. (1) Review an application for an Individual Oil Operations Permit submitted by an owner, an operator, and a person in charge of an oil storage facility or oil handling facility completed in accordance §§A—C of this regulation;

   2. (2) Inspect each oil storage facility or oil handling facility for which the application was submitted, except for:

      1. (a) Truck tank and transport facilities having no AST systems; and
      2. (b) Out-of-State oil delivery facilities; and

   3. (3) Issue an Individual Oil Operations Permit to the applicant if the Department determines that:

      1. (a) The applicable requirements of COMAR 26.10 can be met;
      2. (b) A facility is properly and adequately equipped to prevent oil pollution, and to contain and remove oil spills, releases, and discharges;
      3. (c) A person in charge of a facility has the capability to handle the oil in accordance with the applicable requirements of COMAR 26.10; and

      4. (d) An owner, an operator, and a person in charge of an oil storage facility or oil handling facility has:

         1. (i) No tax liabilities with the Maryland Comptroller’s Office;
         2. (ii) Submitted to the Department satisfactory evidence that the oil storage facility or oil handling facility is in compliance with all applicable county zoning and land use requirements;
         3. (iii) Provided proof that Workers’ Compensation Insurance requirements have been satisfied; and
         4. (iv) Provided proof that the person is registered with the Maryland Department of Assessments and Taxation and is in good standing with the State.

8. H. Permit Effective Period. An Individual Oil Operations Permit issued by the Department has an effective period of 5 years, unless the permit is:

   1. (1) Surrendered, suspended, revoked, or otherwise terminated by the Department; or
   2. (2) Issued by the Department, with reasons stated, with an effective period of less than 5 years.

Authority: Environment Article, §§1-101, 4-401, 4-402, 4-405, 4-407—4-412, 4-415—4-420, and 7-201 et seq.; State Government Article, §§10-206 and 10-226; Annotated Code of Maryland

Effective date: September 1, 1974 (1:1 Md. R. 33)

Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593)

Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607)

Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134)

Regulations .01—.06 and .08—.13 transferred to COMAR 10.50.01 effective July 1, 1980

Regulations .01—.21 adopted effective January 28, 1985 (12:2 Md. R. 134)

Regulations .01A, B, .02C, .04A, .07A, .08A, .12A, .13, .15A, .17A, C amended effective December 28, 1987 (14:26 Md. R. 2743)

Regulations .04A, .12A, .13, .14B, C, .15, and .18B amended effective July 1, 1985 (12:13 Md. R. 1278)

Regulation .06 repealed and new Regulation .06 adopted effective December 28, 1987 (14:26 Md. R. 2743)

Regulation .09 amended effective September 23, 1985 (12:19 Md. R. 1847)

Regulation .14E adopted effective August 26, 1985 (12:17 Md. R. 1702)

Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)

Appendix A amended effective August 26, 1985 (12:17 Md. R. 1702)

Appendix A recodified as Regulation .23 and amended effective December 28, 1987 (14:26 Md. R. 2743)

Chapter recodified from COMAR 08.05.04 to COMAR 26.10.01

Regulation .01 amended effective January 1, 1996 (22:26 Md. R. 2031); September 7, 1998 (25:18 Md. R. 1438); February 18, 2002 (29:3 Md. R. 223)

Regulation .01-1 adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .02D adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .04 amended effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .04A amended effective April 5, 2010 (37:7 Md. R. 575)

Regulation .05 repealed effective January 1, 1996 (22:26 Md. R. 2031)

Regulation .05 adopted effective February 24, 1997 (24:4 Md. R. 294)

Regulations .07, .16, and .17 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)

Regulation .07A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulation .08A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .09B amended effective February 4, 1991 (18:2 Md. R. 151)

Regulation .12 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .12A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); April 5, 2010 (37:7 Md. R. 575)

Regulation .12B amended effective September 18, 1989 (16:18 Md. R. 2025); February 18, 2002 (29:3 Md. R. 223)

Regulations .13—.15 repealed effective February 4, 1991 (18:2 Md. R. 151)

Regulation .16 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .17 amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .17A amended effective September 18, 1989 (16:18 Md. R. 2025)

Regulation .18B amended effective February 18, 2002 (29:3 Md. R. 223)

Regulation .19 repealed effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .20A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223)

Regulations .22—.24 repealed effective February 4, 1991 (18:2 Md. R. 151)

Regulation .23 amended effective May 1, 1989 (16:8 Md. R. 911)

Regulation .24 adopted effective May 1, 1989 (16:8 Md. R. 911)

Regulations .22—.24 recodified from Regulations .25—.27 and adopted effective January 1, 1996 (22:26 Md. R. 2031)

Regulations .01—.24 repealed and new Regulations .01—.24 adopted effective June 13, 2022 (49:12 Md. R. 642)