Md. Code Regs. 26.10.01.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.10.01.05 - Reporting an Oil Spill, Release, or Discharge

A. A person spilling, releasing, or discharging oil or allowing the spill, release, or discharge of oil, or who either actively or passively participates in a spill, release, or discharge of oil, either from a land-based installation, including vehicles in transit, or from any vessel, including a ship or boat of any kind, shall:

(1) Report the incident to the Department immediately, but not later than 2 hours after detection of the spill, release, or discharge, in accordance with §B of this regulation; and

(2) Remain available until clearance to leave the scene of the incident is given by the appropriate official as designated under §C of this regulation.

B. A person reporting an oil spill, release, or discharge to the Department shall include in the report all of the following information:

(1) Time and date of the spill, release, or discharge;

(2) Location and cause of the spill, release, or discharge;

(3) Mode of transportation or type of facility involved;

(4) Type and quantity of oil spilled, released, or discharged;

(5) Assistance required;

(6) Name, address, and telephone number of the person making the report; and

(7) Any other pertinent information requested by the Department.

C. The authority to grant a person responsible for the discharge clearance to leave the scene of a spill, release, or discharge is designated as follows:

(1) A representative of the Department may grant any person responsible for the discharge clearance to leave the scene either by telephone or in-person at the scene;

(2) Without first giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of less than 250 gallons; and

(3) After giving notice to and receiving approval from the Department, a representative of any Maryland emergency fire and rescue service or any State, county, or local police officer on the scene may grant a person responsible for the discharge clearance to leave the scene to a person that is responsible for a discharge of more than 250 gallons.

D. Before granting a person responsible for the discharge clearance to leave the scene, the designated official shall obtain the person's name, address, and telephone number as well as information on how the spill, release, or discharge occurred.

E. Written Report of the Occurrence.

(1) A person responsible for the discharge shall submit a written report of the occurrence in accordance with the requirements of this section if:

(a) 5 gallons or more of oil was spilled, released, or discharged;

(b) Oil was discharged to waters of the State, regardless of the amount of oil spilled, released, or discharged; or

(c) Directed by the Department to submit a written report of the occurrence.

(2) Within ten working days, or as directed by the Department, after completion of removal work required under Regulation .06 of this chapter, a person responsible for the discharge shall prepare a written report of the occurrence and promptly submit the report to the Department.

(3) A person responsible for the discharge shall prepare the written report of the occurrence on company letterhead and include all of the following information:

(a) Date, time, and place of the spill, release, or discharge;

(b) Amount and type of oil spilled, released, or discharged;

(c) A complete description of circumstances contributing to the spill, release, or discharge;

(d) A complete description of the containment and removal operations performed, including disposal sites to which oil refuse was transported;

(e) Procedures, methods, and precautions instituted to prevent recurrence of an oil spill, release, or discharge from the facility involved;

(f) Any other information considered necessary or required by the Department for a complete description of the incident; and

(g) A certification that the information provided is true and correct to the knowledge of the person signing the report.

Md. Code Regs. 26.10.01.05

Regulations .05 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .05 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulation .05 repealed effective January 1, 1996 (22:26 Md. R. 2031)
Regulation .05 adopted effective February 24, 1997 (24:4 Md. R. 294); Regulations .05 transferred to COMAR 1.5.01 effective July 1, 1980
Regulations .05 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulation .05 repealed effective January 1, 1996 (22:26 Md. R. 2031)
Regulation .05 adopted effective February 24, 1997 (24:4 Md. R. 294); adopted effective 49:12 Md. R. 642, eff. 6/13/2022