COMAR 26.10.01.06. Removal of an Oil Spill, Release, or Discharge

A. Responsibility for Performing a Removal.

(1) The responsibility for the prompt control and removal of any oil spill, release, or discharge or threat of a spill, release, or discharge shall be with the person responsible for the discharge.

(2) For spills, releases, or discharges occurring from an improperly abandoned storage tank system, the current landowners and any other person who owned, operated, leased, or was otherwise responsible for the storage tank system at the time it was abandoned shall also be responsible for the oil removal.

B. A person’s responsibility under §A of this regulation shall continue until removal of the spill, release, or discharge or threat of a spill, release, or discharge has been accomplished to the satisfaction of the Department.

C. A person shall accomplish the removal of oil by physical or mechanical means such as the use of skimming devices or vacuum systems, by the use of inert sorbent material, or by any other method specifically approved by the Department.

D. If sorbent material is employed, a person shall remove and dispose of the sorbent material in accordance with all federal, State, and local requirements.

E. A person may not use collecting agents, dispersants, or sinking agents except when authorized in writing by the Department.

F. Unless the appropriate federal official is directing the removal, the Department shall assume control of any spill, release, or discharge incident when the Department determines that a person responsible for the discharge is:

(1) Not acting promptly to perform the removal of the spill, release, or discharge; or

(2) Not completing the removal in a manner that controls or rectifies the conditions constituting an emergency or hazard.

G. A person shall perform removal activities that are:

(1) Consistent with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland ; and

person responsible for the discharge is:

(1) Not acting promptly to perform the removal of the spill, release, or discharge; or

(2) Not completing the removal in a manner that controls or rectifies the conditions constituting an emergency or hazard.

G. A person shall perform removal activities that are:

(1) Consistent with Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland ; and

(2) Not prohibited under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland , the National Contingency Plan, or the directions of a Departmental or federal on-scene coordinator.

Cross References 26.10.01.01C(1) 26.10.01.05E(2) 26.10.01.07D(1) 26.10.01.07E(1) 26.10.01.09A(2)(a) 26.10.01.09B(2)(a)