Md. Code Regs. 26.10.01.07

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

Section 26.10.01.07 - Site Status Letters

A. The Department may issue notice of compliance, site condition, removal suspension, and final closure letters to either a person responsible for the discharge or any other person associated with a site subject to regulatory requirements under this subtitle.

B. Notice of Compliance Letter. The Department shall issue, upon request, a notice of compliance letter to a person who has received from the Department a notice of a violation of one or more of the regulatory provisions of this subtitle after the violation is corrected to the satisfaction of the Department.

C. Site Condition Letter. The Department shall issue, upon request, a site condition letter stating whether:

(1) The Department requires corrective action at a site; or

(2) A site is in compliance with the regulations of this subtitle.

D. Removal Suspension Letter.

(1) Unless otherwise provided under §F of this regulation, the Department shall issue, upon request, a removal suspension letter if the Department determines that no further treatment of soil, groundwater or surface water is required for a specific spill, release, or discharge undergoing corrective action in accordance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.

(2) After receiving a removal suspension letter, a person responsible for the discharge or a person performing a removal shall continue to monitor a site as may be required by the Department.

(3) If a removal suspension letter is issued, the letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.

E. Final Closure Letter.

(1) Unless otherwise provided under §F of this regulation, the Department shall issue a final closure letter after the Department determines that a site where a spill, release, or discharge of oil occurred is in compliance with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, Regulation .06 of this chapter, or COMAR 26.10.09.

(2) The Department shall state in a final closure letter that a person responsible for the discharge or a person performing a removal is released from any additional corrective action under this subtitle regarding a spill, release, or discharge, except in those circumstances described under §F of this regulation.

(3) A final closure letter is applicable to any transferee of title, successor or assignee of a person responsible for the discharge, or any other person who performed a removal.

F. The Department may require a person responsible for the discharge or a person performing a removal to take further remedial action at a site subject to a letter issued under §§B-E of this regulation if the Department determines that:

(1) There is a threat to public health, safety, or welfare or the environment;

(2) A spill, release, or discharge recurs as free phase oil product;

(3) A letter issued under §D or E of this regulation was obtained through fraud or misrepresentation; or

(4) A new or previously undiscovered spill, release, or discharge of oil requires a corrective action under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland or the provisions of COMAR 26.10.

G. A purchaser of an oil-contaminated property may not be considered a person responsible for the discharge solely as a result of the purchase of the property, unless the purchaser meets the criteria for a person responsible for the discharge under Regulation .02B of this chapter.

Md. Code Regs. 26.10.01.07

Regulations .07A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593)
Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607)
Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134)
Regulations .07 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .07A C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .07 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .07A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); Regulations .07A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 593)
Regulation .07C amended effective September 12, 1983 (10:18 Md. R. 1607)
Regulation .07 repealed effective January 28, 1985 (12:2 Md. R. 134)
Regulations .07 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .07A C amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .07 amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .07A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); adopted effective 49:12 Md. R. 642, eff. 6/13/2022