Maryland Financial Responsibility regulations & environmental compliance analysis

Maryland Financial Responsibility: What you need to know

Governing Law and Regulations

Treatment, storage, and disposal facilities (TSDFs): Code of Maryland Regulations (COMAR) 26.13.05.08 and COMAR 26.13.06.16

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Solid waste scrap tire facilities: COMAR 26.04.08.21

Underground storage tanks (USTs): COMAR 26.10.11.01 and COMAR 26.10.11.02

Regulatory Agency

Maryland Department of the Environment (MDE) Land Management Administration

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Maryland generally follows the federal financial responsibility requirements with additional state requirements for underground storage tanks (USTs), solid waste scrap tire facilities, and hazardous waste treatment, storage, and disposal facilities (TSDFs). See the national section FINANCIAL RESPONSIBILITY for federal rule guidance.

Administration and enforcement. MDE's Land Management Administration is responsible for the administration and enforcement of the state's TSDFs, solid waste scrap tire facilities, and UST facilities.

State Requirements

FINANCIAL ASSURANCE

In Maryland, there are several financial assurance mechanisms that owners or operators may use alone, or in combination, to demonstrate that they meet financial responsibility requirements sufficient to cover costs of cleanup of environmental damage caused by a spill or a leak, and third-party claims of personal injury or property damage.

Although specific rules should be reviewed to determine allowable instruments, financial mechanisms generally include:

  • Trust fund
  • Surety bond
  • Letter of credit
  • Insurance
  • Financial test
  • Guarantee
  • State funds

See the national section FINANCIAL RESPONSIBILITY for an overview of these financial mechanisms.

Table

FINANCIAL RESPONSIBILITY

CITATION and DESCRIPTION REQUIREMENTS

Read more about Financial Responsibility