.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.