Md. Code Regs. 26.10.01.12

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

Section 26.10.01.12 - Conditions for the Denial, Suspension, Revocation, and Modification of an Oil Transfer License or Oil Operations Permit

A. Oil Transfer License.

(1) After written notification by the Department and an opportunity to request a hearing, the Department may deny a person's application for an Oil Transfer License or suspend or revoke a licensee's Oil Transfer License if the Department determines that:

(a) A violation of a provision of the Oil Transfer License or other applicable federal, State, or local requirements related to oil pollution has occurred;

(b) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

(c) False or inaccurate information or data was provided in:

(i) An application for an Oil Transfer License;

(ii) A report, submitted to the Department, on the barrels of oil transferred within a quarter by a licensee; or

(iii) Any other document submitted to the Department under the terms and conditions of an Oil Transfer License;

(d) A licensee has failed to submit to the Department an oil transfer fee payment or accompanying report on the barrels of oil transferred for one or more quarters;

(e) Issuance of an Oil Transfer License would pose a risk of harm to public health, safety, or welfare or the environment; or

(f) Any other good cause exists for denying, suspending, or revoking an Oil Transfer License.

(2) Once the Department denies a person's application to renew an Oil Transfer License or suspends or revokes a person's Oil Transfer License, the person shall cease activities authorized under the license in a manner determined by the Department.

(3) The filing of a hearing request made in accordance with §D of this regulation does not stay the Department's decision to deny, revoke, or suspend an Oil Transfer License.

B. Individual Oil Operations Permit.

(1) Denial, Suspension, or Revocation.

(a) The Department may deny a person's application for an Individual Oil Operations Permit or suspend or revoke a permittee's Individual Oil Operations Permit if the Department determines that:

(i) A violation of a provision of an Individual Oil Operations Permit or other applicable federal, State, or local requirements related to oil pollution has occurred;

(ii) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

(iii) False or inaccurate information or data was provided in an application for an Individual Oil Operations Permit or any other document submitted to the Department under the terms and conditions of an Individual Oil Operations Permit;

(iv) The permittee has failed to report to the Department a substantial change that requires a permit modification under §B(2) of this regulation;

(v) Issuance of an Individual Oil Operations Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

(vi) Any other good cause exists for denying an application for an Individual Oil Operations Permit or suspending or revoking an Individual Oil Operations Permit.

(b) Once the Department denies a person's application to renew an Individual Oil Operations Permit or suspends or revokes a person's Individual Oil Operations Permit, the person shall cease activities authorized under the permit in a manner determined by the Department.

(2) Modification.

(a) The Department may modify an Individual Oil Operations Permit as necessary to carry out the intent and purpose of COMAR 26.10 and a permittee may submit to the Department a request to modify an Individual Oil Operations Permit to implement a substantial change listed in §B(2)(b) of this regulation.

(b) Before implementing a change, a permittee shall submit a request to the Department to modify an Individual Oil Operations Permit for one or more of the following substantial changes in either the size or scope of the permitted oil operation or in the information provided to the Department in the permit application:

(i) The sale, transfer of ownership, or change in ownership structure of the AST system or the oil storage facility or oil handling facility;

(ii) The installation or removal of an AST system at the oil storage facility or oil handling facility;

(iii) A change in the methods, processes, or operations for the treatment of oil-contaminated soil;

(iv) A change in methods, processes, or operations used for the solidification/stabilization of oil sludge, oil refuse, or oil mixed with other waste;

(v) The addition of, or a change in the type of, secondary containment or diking used as containment for an AST system, loading/unloading rack, or transfer area at an oil storage facility or oil handling facility;

(vi) A change in the type of oil stored in an AST system;

(vii) The installation or removal of underground piping associated with an AST system;

(viii) A change in status of the AST system from or to in-service, permanently closed or out-of-service, including a change-in-service to store a non-oil product in the AST system; and

(ix) Upon notification by the Department, a change determined by the Department to constitute a substantial change in either the size or scope of the permitted oil operation or in the information provided to the Department in the permit application.

(c) A permittee requesting a modification of an Individual Oil Operational Permit shall submit to the Department a request in writing on company letterhead and signed by the permittee.

(d) The Department may deny a permittee's request to modify an Individual Oil Operations Permit for the reasons provided under §B(1) of this regulation.

C. General Oil Operations Permit.

(1) The Department may suspend or revoke a permittee's authorization to operate under a General Oil Operations Permit as provided under Regulation .09B of this chapter if the Department determines that:

(a) A violation of a condition specified under Regulation .09B of this chapter under which the permittee is required to comply with in the operation an oil storage facility or oil handling facility has occurred;

(b) A violation of an applicable federal, State, or local requirement related to oil pollution has occurred;

(c) A violation of the Environment Article, Annotated Code of Maryland or a regulation adopted under the Environment Article, Annotated Code of Maryland has occurred;

(d) False or inaccurate information or data was provided in a document required to be submitted to the Department under Regulation .09B of this chapter;

(e) A permittee's continued operation of an oil storage facility or oil handling facility under the General Oil Operations Permit would pose a risk of harm to public health, safety, or welfare or the environment; or

(f) Any other good cause exists for suspending or revoking the authorization provided under Regulation .09B of this chapter.

(2) Once the Department suspends or revokes a person's authorization to operate under a General Oil Operations Permit, the person shall cease activities permitted under the suspended or revoked General Oil Operations Permit in a manner determined by the Department.

D. Contested Case Hearings.

(1) A person whose application for an Oil Transfer License was denied or a person with a suspended or revoked Oil Transfer License shall have an opportunity for a contested case hearing if the person files a written request with the Department not later than 30 calendar days after receiving a notice of the Department's decision to deny an application for the Oil Transfer License or to suspend or revoke the Oil Transfer License.

(2) Unless a person notified of the Department's licensing decision makes a timely request for a contested case hearing in accordance with §D(1) of this regulation, the decision is final.

(3) The Department shall conduct a hearing in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. A person aggrieved by a permit or order issued by the Department under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland and the provisions of this chapter may obtain immediate judicial review under State Government Article, §§ 10-222 and 10-223, Annotated Code of Maryland and the Maryland Rules.

Md. Code Regs. 26.10.01.12

Regulations .12A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .12 transferred to COMAR 10.50.01 effective July 1, 1980
Regulations .12 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .12A, amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulation .12 amended effective February 18, 2002 (29:3 Md. R. 223)
Regulation .12A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); April 5, 2010 (37:7 Md. R. 575)
Regulation .12B amended effective September 18, 1989 (16:18 Md. R. 2025); February 18, 2002 (29:3 Md. R. 223); Regulations .12A amended effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .12 transferred to COMAR 10.50.01 effective July 1, 1980
Regulations .12 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .12A, amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulation .12 amended effective February 18, 2002 (29:3 Md. R. 223)
Regulation .12A amended effective February 4, 1991 (18:2 Md. R. 151); February 18, 2002 (29:3 Md. R. 223); April 5, 2010 (37:7 Md. R. 575)
Regulation .12B amended effective September 18, 1989 (16:18 Md. R. 2025); February 18, 2002 (29:3 Md. R. 223); amended effective 49:12 Md. R. 642, eff. 6/13/2022