1. A. At sites where free product is present or an investigation performed in compliance with Regulation .03A(6) of this chapter indicates the presence of free product, an owner and an operator of a storage tank system and a responsible party shall remove free product to the maximum extent practicable as determined by the Department while:

   1. (1) Continuing, as necessary, to perform any initial corrective action measures initiated under Regulations .02—.04 of this chapter; or
   2. (2) Preparing to perform the corrective action measures required under Regulations .06 and .07 of this chapter.

2. B. In meeting the requirements of this regulation, an owner and an operator of a storage tank system and a responsible party shall:

   1. (1) Before beginning free product removal:

      1. (a) Provide notification to the Department regarding the proposed free product recovery method to be used; and
      2. (b) In accordance with the permitting requirements in COMAR 26.08.04, obtain the necessary discharge permit for the proposed free product recovery method;

   2. (2) Conduct free product removal in a manner that:

      1. (a) Prevents the spread of contamination from entering previously uncontaminated areas by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site; and
      2. (b) Properly treats, disposes, or conducts permitted discharges of recovery byproducts in compliance with applicable federal, State, and local laws;
   3. (3) Use abatement of free product migration as a minimum initial objective for the design of the free product removal system;
   4. (4) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

   5. (5) Unless directed to do otherwise by the Department, within 45 days after confirming a spill, release, or discharge, prepare and submit to the Department a free product removal report that provides at least the following information:

      1. (a) The name, address, and phone number of the person or persons responsible for implementing the free product removal measures;
      2. (b) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;
      3. (c) The type of free product recovery system to be used;

      4. (d) A description of any permitted discharge to take place on-site or off-site during the free product recovery operation including:

         1. (i) The location of each permitted discharge outfall;
         2. (ii) The type of treatment applied to the permitted discharge;
         3. (iii) The effluent quality achieved from the treatment applied to the permitted discharge; and
         4. (iv) An assessment of compliance with the discharge permit required under §B(1)(b) of this regulation; and
      5. (e) The disposition of the recovered free product.

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)