1. A. In this chapter:

   1. (1) A term defined in §B of this regulation has the meaning indicated; and

   2. (2) A term not defined in §B of this regulation has the meaning given to it in:

      1. (a) A relevant statute;
      2. (b) COMAR 26.10.01 or 26.10.02; or
      3. (c) If not defined in a statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use.

2. B. Terms Defined.

   1. (1) “Controlled hazardous substance (CHS)” means a hazardous waste as defined in COMAR 26.13.02, except as provided in COMAR 26.13.02.06.

   2. (2) “Mobile treatment OCS facility” means equipment that is:

      1. (a) Capable of being moved from place to place;
      2. (b) Capable of treating OCS after it is excavated; and
      3. (c) Used on-site.

   3. (3) OCS.

      1. (a) “OCS” means excavated soil that has been in contact with oil.
      2. (b) “OCS” does not include post-treatment soil.

   4. (4) OCS Facility.

      1. (a) “OCS facility” means a facility that receives OCS for treatment and storage.
      2. (b) “OCS facility” includes a mobile treatment OCS facility.

   5. (5) OCS Treatment Approval.

      1. (a) “OCS treatment approval” means written permission from the Department that grants an applicant approval to conduct a pilot project to treat OCS.
      2. (b) “OCS treatment approval” does not include an Individual Oil Operations Permit issued by the Department to an owner, an operator, and a person in charge of an OCS facility.
   6. (6) “On-site” means the immediate location where the OCS was generated.
   7. (7) “Pilot project” means an experimental OCS treatment project conducted by an owner, an operator, and a person in charge of an OCS facility under the terms and conditions of an OCS treatment approval.
   8. (8) “Post-treatment soil” means treated OCS that meets one of the criteria established in Regulation .10 of this chapter.
   9. (9) “Shelter” means a freestanding structure that includes a roof or an equivalent protective cover and prevents the infiltration of rainwater.
   10. (10) “TCLP” means the toxicity characteristic leaching procedure, as defined in USEPA Test Method 1311.
   11. (11) “TPH” means total petroleum hydrocarbons.
   12. (12) “Treatment” means any activity or process at an OCS facility that decreases or stabilizes, or is intended to decrease or stabilize, the level of oil contaminants in OCS.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411, and 4-415—4-418, Annotated Code of Maryland

Effective date:

Regulations .01—.15 adopted as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); adopted permanently effective July 18, 1993 (20:13 Md. R. 1050)

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

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

Regulations .01—.15 repealed and new Regulations .01—.16 adopted effective June 13, 2022 (49:12 Md. R. 642)