Md. Code Regs. 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.
Notes
Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)
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