1. A. In response to a confirmed spill, release, or discharge of a regulated substance from a storage tank system, the following persons shall comply with the requirements of this chapter:

   1. (1) If a confirmed spill, release, or discharge of a regulated substance from a UST system, the owner and the operator of the UST system and any responsible party; and
   2. (2) Except as otherwise directed by the Department, if a confirmed spill, release, or discharge of oil from a storage tank system, the owner and the operator of the storage tank system and any responsible party.
2. B. An owner and an operator of a storage tank system and a responsible party shall continue any required abatement, investigation, removal, remediation, mitigation, monitoring, corrective action, or product recovery activities required under this chapter in response to a spill, release, or discharge of a regulated substance until the required activities are completed to the satisfaction of the Department.

3. C. Definitions.

   1. (1) In this section, “discharge” means:

      1. (a) The addition, introduction, leaking, spilling, or emitting of any pollutant to waters of this State; or
      2. (b) The placing of a pollutant in a location where the pollutant is likely to pollute.

   2. (2) In this chapter, “discharge permit” has the following meaning:

      1. (a) “Discharge permit” means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of the State; and

      2. (b) “Discharge permit” includes:

         1. (i) A State discharge permit issued under Environment Article, §9-323, Annotated Code of Maryland; or
         2. (ii) A National Pollutant Discharge Elimination System permit issued under the Federal Water Pollution Control Act (33 U.S.C. §§1251 et seq.), its amendments, and all regulations and rules adopted under the Act.
   3. (3) In this chapter, “permitted discharge” means a discharge conducted under a discharge permit and in compliance with the water pollution control requirements and conditions of COMAR 26.08.01—26.08.04.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407, 4-408, 4-410, 4-411, 4-417, and 7-201 et seq., Annotated Code of Maryland

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

Regulations .01—.07 amended and Regulation .08 adopted effective November 4, 1996 (23:22 Md. R. 1498)

Regulation .04A amended effective June 29, 1998 (25:13 Md. R. 997)

Regulation .05 amended effective February 18, 2002 (29:3 Md. R. 224)

Regulations .01—.08 repealed and new Regulations .01—.08 adopted effective June 13, 2022 (49:12 Md. R. 642)