1. A. Eligible Site Rehabilitation Costs. The Department may reimburse a residential owner of a residential heating oil tank system for eligible site rehabilitation costs incurred in performing the following activities if the Department determines they are cost effective, reasonable, and consistent with an application received on or after July 1, 2005:

   1. (1) Soil treatment, including:

      1. (a) Excavation, transportation, and proper disposal of oil-contaminated soil; or
      2. (b) On-site treatment, such as soil vapor extraction;
   2. (2) Procurement and installation of groundwater remediation equipment, including soil vapor extraction equipment;
   3. (3) Subsurface investigation, well bailing, recovery system design, operation, monitoring, or a combination of these activities;
   4. (4) Private supply well replacement;
   5. (5) Odor abatement activities, such as forced venting and oil saturated material removal and proper disposal, replacement, or restoration to a degree as determined by the Department to return a residence to a habitable condition;
   6. (6) Closure of a heating oil tank by removal, if the Department determines removal of the heating oil tank is necessary to accomplish soil treatment as described in §A(1)(a) of this regulation; and
   7. (7) Other site rehabilitation activities performed by a residential owner under the direction and approval of the Department to remediate a spill, release, or discharge of oil from a residential heating oil tank system.

2. B. Ineligible Costs. The Department may not reimburse a residential owner of a residential heating oil tank system for costs incurred in performing the following activities:

   1. (1) Closure in place of an underground residential heating oil tank;
   2. (2) Installation of a new or replacement residential heating oil tank;
   3. (3) Third-party contractor mobilization or demobilization of equipment, materials, and personnel at a site;
   4. (4) Preparation of a complete application, including preparing or obtaining support documentation; and
   5. (5) Performance of activities that are not related to remediation of oil-contaminated soil, groundwater, or surface water at a site so as to mitigate threats to public health, safety, and welfare or the environment, as determined by the Department.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415, 4-415.1, and 4-701 et seq., Annotated Code of Maryland

Effective date:

Regulations .01—.11 adopted as an emergency provision effective November 18, 1993 (20:25 Md. R. 1937); adopted permanently effective May 19, 1994 (21:9 Md. R. 753)

Chapter revised effective February 24, 1997 (24:4 Md. R. 295)

Chapter revised effective July 23, 2001 (28:14 Md. R. 1324)

Regulation .02D amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 621)

Regulation .04C amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .05E amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .05F adopted effective January 16, 2006 (33:1 Md. R. 40)

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

Regulation .06 amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .07 amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .09C amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .10A amended effective January 16, 2006 (33:1 Md. R. 40)

Regulations .01—.11 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)