COMAR 26.10.01.01. Scope and Applicability

A. Unless otherwise stated, throughout this subtitle when a regulation places a requirement on more than one person, the following apply:

(1) The Department may hold all or each person individually liable for a violation;

(2) At least one of the persons listed shall meet the requirement; and

(3) Each person listed shall ensure the requirement is met.

B. Except as otherwise provided, this chapter applies to a person that:

(1) Engages in one or more of the following activities:

(a) The aboveground or underground storage, dispensing, or transportation of oil;

(b) The underground storage of a hazardous substance;

(c) The removal, storage, treatment, or transportation of oil-contaminated soil, oil sludge, oil refuse, or oil mixed with other waste;

(d) The installation, removal, closure, or maintenance of a storage tank system; or

(e) The management of used oil, including burning used oil as fuel;

(2) Actively or passively participates in the spill, release, or discharge of oil or allows the spill, release, or discharge of oil; and

(3) Owns, operates, or is the person in charge of a device, equipment, facility, or vessel used to engage or participate in one or more of the activities described under §B(1) or (2) of this regulation.

C. Exceptions.

(1) Except for Regulations .02 — .06 and .24 of this chapter, the requirements of this chapter do not apply to an owner, an operator, and a person in charge of a vessel, facility, or equipment when used in activities related to the removal of oil within a spill response area defined by a federal or State on-scene coordinator.

(2) Except for Regulations .02 — .04 , and .24 of this chapter, the requirements of this chapter do not apply to an owner, an operator, and a person in charge of an underground storage tank (UST) system used for the storage of a hazardous substance.

Cross References 26.10.01.04C