1. A. The requirements of this regulation apply to an owner, an operator, and a person in charge of a motor fuel dispensing facility.

2. B. An owner, an operator, and a person in charge of a motor fuel dispensing facility shall install and operate a storage tank system in accordance with the requirements of COMAR 26.10 as follows:

   1. (1) Install and operate a UST system in accordance with:

      1. (a) The requirements of this chapter, COMAR 26.10.02—26.10.12, and 26.10.16; and
      2. (b) The applicable documents incorporated by reference under Regulation .03 of this chapter;

   2. (2) Install and operate an AST system in accordance with:

      1. (a) The requirements of this chapter and COMAR 26.10.17 and 26.10.18; and
      2. (b) The applicable documents incorporated by reference under Regulation .03 of this chapter; and
   3. (3) If the motor fuel dispensing facility is located at a marina, comply with the requirements of Regulation .14 of this chapter.

3. C. An owner, an operator, and a person in charge of a motor fuel dispensing facility may not allow the dispensing of motor fuel at the facility unless:

   1. (1) The location is attended;
   2. (2) The owner, the operator, and the person in charge has received prior written approval from the Department to operate the location as an unattended motor fuel dispensing facility; or

   3. (3) The location is a commercial, industrial, governmental, or manufacturing property where motor fuels are dispensed into the fuel tanks of motor vehicles or vessels that are:

      1. (a) Owned or controlled by the owner, the operator, and the person in charge of the facility; and
      2. (b) Used in connection with the business or operation of that property by persons within the employ of such business or operation.
4. D. The Department may not provide written approval to an owner, an operator, and a person in charge of a marina with a motor fuel dispensing facility to operate the motor fuel dispensing facility unattended.

5. E. Pursuant to §C(2) of this regulation, the Department may provide written approval to an owner, an operator, and a person in charge of a motor fuel dispensing facility to operate the location unattended if the owner, the operator, and the person in charge of the facility:

   1. (1) Provide each customer with a unique means of authorization, such as a key card, membership card, or other method that identifies the specific customer;
   2. (2) Ensure the dispensers at the facility require a customer to input the unique authorization required under §E(1) of this regulation in order for motor fuel to be dispensed;
   3. (3) Install an emergency shut-off device or electrical disconnect that is readily accessible to customers for each group of dispensers on an individual dispenser island;

   4. (4) Confirm with the State Fire Marshall or local fire department whether the owner, the operator, and the person in charge of the motor fuel dispensing facility needs to employ additional fire protections such as:

      1. (a) Installing fixed suppression systems, automatic fire detection systems, or manual fire alarm stations;
      2. (b) Transmitting alarms to an off-site supervising fire alarm station located at the oil storage facility or another off-site location; or
      3. (c) Limiting the quantity of motor fuel dispensed per transaction;
   5. (5) Provide the Department with documentation that confirms the installation of any additional fire protection methods at the facility under the direction of the State Fire Marshall or local fire department, as required under §E(4) of this regulation;
   6. (6) Conspicuously post operating instructions, warning signs, and emergency instructions in the dispensing area in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;
   7. (7) Provide on-site in a readily accessible location a telephone or other approved clearly identifiable means to notify the fire department in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”;

   8. (8) On a sign visible from the dispensing area that is not less than 8 x 10 inches in size with lettering not less than 1-inch high, conspicuously post emergency telephone numbers for contacting the following persons in the event of a suspected or confirmed spill, release or discharge, unusual operating conditions, emergency, or equipment failure:

      1. (a) Emergency response authorities;
      2. (b) A person in charge at the facility; and
      3. (c) The Department;
   9. (9) Provide at least one readily available spill containment kit clearly labeled and stored on-site to contain spills, releases, or discharges of less than 20 gallons; and
   10. (10) If the facility is a regulated substance storage facility, comply with the operator training requirements for designated Class A operators, Class B operators, and Class C operators of unattended facilities in accordance with COMAR 26.10.16.

6. F. If the Department determines that an owner, an operator, and a person in charge of an approved unattended motor fuel dispensing facility is not maintaining the operations of the facility in accordance with §E of this regulation, the Department may:

   1. (1) For a UST system, issue a notice of a delivery ban in accordance with COMAR 26.10.02.03C; and
   2. (2) For an AST system, suspend or revoke an Individual or General Oil Operations Permit in accordance with Regulation .12 of this chapter.

7. G. An owner, an operator, and a person in charge of a motor fuel dispensing facility with a sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility shall:

   1. (1) Comply with one of the following requirements:

      1. (a) If oil-bearing waste or wastewater enters a publicly-owned wastewater treatment system, obtain and operate under a Pretreatment Permit issued by:

         1. (i) The local municipal wastewater treatment utility with delegated authority by the Department to administer a Pretreatment Program in accordance with COMAR 26.08.08; or
         2. (ii) The Department if the local municipal wastewater treatment utility does not have delegated authority to administer a Pretreatment Program; or

      2. (b) If oil-bearing waste or wastewater enter into a storm drain system, install an oil/water separating system that is properly:

         1. (i) Designed to accommodate a worst case incident of a spill, release, or discharge;
         2. (ii) Operated by a person in charge of the motor fuel dispensing facility;
         3. (iii) Maintained to manufacturer specifications;
         4. (iv) Inspected monthly; and
         5. (v) Pumped out when oil has accumulated to greater than 1 inch in the retention chamber; and
   2. (2) Obtain all the required permits for the sanitary sewer or storm drain connection receiving oil-bearing waste or wastewater from operations at the motor fuel dispensing facility in accordance with federal, State and local laws and regulations.

8. H. A person in charge of a motor fuel dispensing facility shall dispose of used oil generated at the motor fuel dispensing facility:

   1. (1) In accordance with COMAR 26.10.15;
   2. (2) In a manner that prevents a spill, release, or discharge; and
   3. (3) Using disposal methods required under applicable federal, State and local laws and regulations.
9. I. An owner, an operator, and a person in charge of a motor fuel dispenser facility may not install or use a dispenser hose that is greater than 18 feet in length.

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)