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To meet the new requirements for increased inspection frequency for underground storage tanks required by the Energy Policy Act and to ensure the protection of groundwater resources and public health, MDE has implemented a third party tank inspection program According to Horacio Tablada, Director of MDE’s Waste Management Administration, “By training third party inspectors we are able to conduct more inspections, and more thorough inspections, than if we used only our MDE field staff.”
The third party inspectors are certified by MDE if they successfully complete an intense 5-day training session, a 1-day MDE orientation, and a comprehensive written examination. “We want the best qualified people available performing these rigorous inspections,” explained Oil Control Program Compliance Division Chief Tom Walter. There are currently 120 Maryland Certified Third Party Inspectors working for 53 independent companies. A certified inspector is authorized to perform repairs and instruct the tank owner on achieving and maintaining compliance and preventing releases. MDE will conduct random audits on submitted reports of both passed and failed systems, and may conduct follow up inspections to verify an inspector’s accuracy and the actual condition of the system. “Maryland has developed one of the most stringent inspection programs in the nation,” stated Walter. “Depending on the size of the system, it takes one to two days to perform a proper inspection at the average gasoline service station.” The cost of these inspections ranges from $700 to $1,200 per site and is borne by the tank owners.
To date, the program has issued 1,162 Notice To Inspect letters to tank owners. The notices inform the UST system owners that they have 60 days to hire a Certified Third Party Inspector to complete an inspection. The program initially targeted inspections at sites that lacked a record of a recent inspection, failed to demonstrate significant compliance in a past inspection, or had a poor compliance history. With the initial round of targeted inspections completed, the Oil Control Program will schedule all affected systems statewide for a routine inspection on a three-year cycle. The program anticipates issuing approximately 300 notices per quarter to maintain compliance according to this schedule.
The use of the third party inspection program represents a new direction for MDE in conducting inspections. MDE’s 2007 Fiscal Analysis identified an increasing internal structural deficit. As part of that analysis the fact that MDE is responsible for regulating over 203,000 entities with 132 inspector positions, MDE is reprioritizing functions and exploring more efficient ways to ensure compliance. The agency will closely analyze the effectiveness of this program to determine whether an expansion in the future is appropriate.
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