Md. Code Regs. 26.13.07.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.07.04 - Conditions Applicable to All Permits

A. The conditions described in this regulation apply to all permits, and the Secretary shall incorporate them into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be given in the permit.

B. Duty to Comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the appropriate Act and is grounds for:

(1) Enforcement action;

(2) Permit termination, revocation and reissuance, or modification; or

(3) Denial of a permit renewal application.

C. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. This application shall be submitted at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. This later date may not be later than the expiration date of the effective permit.

D. Duty to Halt or Reduce Activity. It may not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

E. Duty to Mitigate. In the event of noncompliance with the permit, the permittee shall:

(1) Take all reasonable steps to minimize releases to the environment; and

(2) Carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.

F. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance include effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this permit.

G. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

H. Property Rights. This permit does not convey any property rights of any sort, or any exclusive privilege.

I. Duty to Provide Information. The permittee shall furnish to the Secretary within a reasonable time, any relevant information which the Secretary may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Secretary, upon request, copies of records required to be kept by this permit.

J. Inspection and Entry. The permittee shall allow the Secretary, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to:

(1) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

(3) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

(4) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized, any substances or parameters at any location.

K. Monitoring and Records.

(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by COMAR 26.13.05.05 s D(2)(i) and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Secretary at any time.

(3) Records of monitoring information shall include the:

(a) Date, exact place, and time of sampling or measurements;

(b) Individual or individuals who performed the sampling or measurements;

(c) Date or dates analyses were performed;

(d) Individual or individuals who performed the analyses;

(e) Analytical techniques or methods used; and

(f) Results of the analyses.

L. Signatory Requirement. All applications, reports, or information submitted to the Secretary shall be signed and certified.

M. Reporting Requirements.

(1) Planned Changes. The permittee shall give notice to the Secretary as soon as possible of any planned physical alterations or additions to the permitted facility.

(2) Anticipated Noncompliance. The permittee shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

(3) Transfers. This permit is not transferable to any person except after notice to the Secretary. The Secretary shall require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary.

(4) Monitoring Reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.

(5) Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted not later than 14 days following each schedule date.

(6) Twenty-Four Hour Reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Both the oral and written reports shall follow the requirements of Regulation .15D. In addition, the written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(7) Other Noncompliance. The permittee shall report all instances of noncompliance not reported under §L(4)-(6), of this regulation, at the time monitoring reports are submitted. The reports shall contain the information listed in §L(6), of this regulation.

(8) Other Information. If the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Secretary, it shall promptly submit these facts or information.

N. Information Repository.

(1) The Secretary may require the permittee to establish and maintain an information repository at any time, based on the factors listed in Regulation .19-2B(3) of this chapter.

(2) The permittee shall operate the information repository in accordance with the provisions of Regulation .19-2B(4)-(11) of this chapter.

Md. Code Regs. 26.13.07.04

Regulations .04 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)