Owners and operators of UST systems must report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and follow the procedures in this subchapter for any of the following conditions:
(1) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water.)
(2) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; and,
(3) Monitoring results from a release detection method required under 24.0742 through 24.0743 that indicate a release may have occurred unless:
(A) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or
(B) In the case of inventory control, a second month of data does not confirm the initial result
(4) Any leak, spill, overfill, discharge or other release from any tank shall be stopped as soon as practicable. Expenses incurred by others to stop any discharge are the responsibility of the operator.
(5) Any tank from which a release has been detected shall:
(A) be immediately removed from service until the tank is repaired or replaced; and
(B) meet the installation standards for new underground storage tanks contained in 24.0710 or the installation standards for new above ground storage tanks contained in 24.0730 as appropriate before being returned to service.
(6) The owners and operators of any tank from which a release has been detected must immediately clean up all released material to background levels, levels required by other territorial or Federal regulations or to a level approved in writing by the commission which is protective of human health and the environment. The commission will determine the appropriate clean up levels.
Note: Reference 40CFR Part 280Subpart F- Release Response and Corrective Action for UST Systems Containing Petroleum of Hazardous Substances.
(7) In addition to the required cleanup in subsection (6) above, the commission may require the operator to conduct any investigations, monitoring, surveys, testing, or other activities necessary to identify the extent of a release, the effectiveness of a clean up, the material released the source of the leak or the extent of the danger to public health, safety, welfare or the environment.
(8) Owners and operates must develop an Emergency Response Plan (ERP) for the site. The plan must address anticipated emergencies. EPA’s and OSHA’s hazardous waste operations and emergency response (HazWoper ) standards (29 CFR 1910.120, 40 CFR 311) should be used for reference in the development of the plan. The plan at a minimum must include:
(A) pre-emergency planning;
(B) personnel roles, lines of authority, training and communications;
(C) emergency recognition and prevention;
(D) safe distance and places of refuge;
(E) site security and control;
(F) evacuation routes and procedures;
(H) emergency medical treatment and first aid;
(I) emergency alerting and response procedures;
(J) critique of response and follow-up; and
(K) personal protective equipment an emergency equipment.
(9) All waste collected from any spill clean-up must be disposed of properly according to local and federal laws.History: Rule 3-01, eff 30 Aug 01.