1. A. An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall have a certified inspection completed for the UST system:

   1. (1) By a UST system inspector certified by the Department under COMAR 26.10.06;
   2. (2) To verify the owner’s and the operator’s compliance with the UST system requirements established under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16; and
   3. (3) In accordance with the schedule established under §B of this regulation.

2. B. Inspection Schedule. An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall complete:

   1. (1) An initial inspection of the UST system:

      1. (a) If the UST system was installed before January 16, 2006, within 30 days of receiving a notification from the Department to complete an inspection; and
      2. (b) If the UST system was installed on or after January 16, 2006, within 6 months of the UST system installation;

   2. (2) A subsequent inspection of the UST system:

      1. (a) At least once every 3 years following the most recent inspection;
      2. (b) Within 30 days of receiving a notification from the Department to complete an inspection; and
      3. (c) If the ownership of the UST system changes, within 3 months of the change in ownership.

3. C. Additional Inspections.

   1. (1) If required by the Department, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall complete an inspection in addition to an inspection required under §B of this regulation to verify compliance with the UST system requirements under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16.
   2. (2) An owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system may not substitute an inspection required by the Department under §C(1) of this regulation for an inspection required under §B of this regulation.

4. D. After conducting an inspection required under §B or C of this regulation, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall:

   1. (1) Submit to the Department an inspection report on forms provided by the Department:

      1. (a) Within 30 days of the deadline to complete an inspection established under §B or C of this regulation;
      2. (b) Completed by a certified UST system inspector;
      3. (c) Signed by the certified UST system inspector that conducted the inspection; and
      4. (d) Signed by the owner, the operator, and the person in charge of the UST system; and

   2. (2) Unless the Department determines immediate corrective action by the owner is required to protect public health, safety, and welfare and the environment, within 30 days of receiving a Notice to Correct Deficiencies issued by the Department:

      1. (a) Correct all of the deficiencies identified during the inspection in accordance with the UST system requirements under this chapter and COMAR 26.10.02, 26.10.04, 26.10.05, 26.10.07—26.10.12 and 26.10.16; and
      2. (b) Submit to the Department proof of corrective actions performed to correct the deficiencies.
5. E. Recordkeeping. For a minimum of 5 years, an owner of a motor fuel, bulk oil storage, used oil, or a hazardous substance UST system shall maintain records of completed inspections at a location designated by the owner and make the records available to the Department upon request.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, 4-701 et seq., and 7-201 et seq., Annotated Code of Maryland

Effective date: February 4, 1991 (18:2 Md. R. 151)

Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)

Regulation .01 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .01B amended effective June 29, 1998 (25:13 Md. R. 997)

Regulation .02 amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .02 amended effective January 16, 2006 (33:1 Md. R. 38); January 12, 2009 (36:1 Md. R. 25)

Regulation .03A amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .03A amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .03A amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .03D adopted effective June 29, 1998 (25:13 Md. R. 997)

Regulation .04B amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .04H adopted effective February 18, 2002 (29:3 Md. R. 224)

Regulation .04I adopted effective January 12, 2009 (36:1 Md. R. 25)

Regulation .05A amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .07E amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 38)

Regulation .09 amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 adopted effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulations .01—.10 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)