(1)
No duty to sample prior to
notification. Rule
391-3-19-.04(4)
requires an owner of real property to notify the Director when a release
described in Rule
391-3-19-.04(3) is
discovered. An owner of real property is not required to sample prior to such
notification. However, any owner of real property where a release has occurred
shall furnish to the Director any information which that person may have or
reasonably obtain which is relevant to the release when requested by the
Director.
(2)
Exclusions. The following are excluded from the notification
requirements of this section:
(a) Any release
that, within 30 days of the owner's discovery or of the effective date of these
rules, whichever is later, no longer meets any criterion for notification under
Rule 391-3-19-.04(3);
(b) Any defined release which is being
cleaned-up under emergency response authorities other than the Hazardous Site
Response Act where the person responsible for the cleanup remains in compliance
with instructions given by the Division or by an on-scene coordinator under the
NCP, such exclusion to expire 180 days after the date upon which the release
began if at or after that time any of the criteria of Rule
391-3-19-.04(3)
are met;
(c) Emissions regulated
under the Georgia Air Quality Control Act, O.C.G.A §
12-9-1 et seq.;
(d) Releases of substances regulated under
the Georgia Asbestos Safety Act, O.C.G.A. §
12-2-1 et seq., except for
releases at inactive disposal sites that are not in compliance with the
performance standards in 40
CFR 61.153;
(e) Point source discharges that are
regulated under the Georgia Water Quality Control, O.C.G.A. §
12-5-20 et seq.;
(f) Releases of a pesticide which has been
registered under the Georgia Pesticide Control Act, O.C.G.A §
2-7-50 et seq., when the release
consists solely of the use of said pesticide in a manner consistent with its
label or labeling;
(g) Releases
regulated solely under the Georgia Underground Storage Tank Act, O.C.G.A.
§
12-13-1 et seq.;
(h) Releases of any petroleum-based fuel,
lubricant, or hydraulic fluid;
(i)
Releases consisting of treatment or disposal in a unit that is regulated, a
permit issued, or rules promulgated, pursuant to the Georgia Hazardous Waste
Management Act, O.C.G.A. §
12-8-60 et seq., the Georgia Solid
Waste Management Act, O.C.G.A. §
12-8-20 et seq., or the Georgia
Water Quality Control Act, O.C.G.A. §
12-5-20 et seq., provided the
Director has been informed, in accordance with requirements in such permit or
rules, of any discovery that such releases exceed standards permitted by these
statutes and the rule promulgated pursuant to these statutes;
(j) Releases arising from the use of a
commercial product that has been manufactured and sold for household use which
is used by a private individual in a manner consistent with and incidental to
the manufacturer's recommended use of the product;
(k) Releases arising from the application to
soil of fertilizers, liming materials, or soil amendments (unless any are used
in a manner constituting disposal as defined and regulated in the Rules for
Hazardous Waste Management, Chapter 391-3-11);
(l) Release of naturally-occurring
radionuclides described in 40 CFR
302.6(c);
(m) Direct radiation and/or releases of
radionuclides regulated by the Division under the Georgia Radiation Control
Act, O.C.G.A. §31-13 et seq., or by the U.S. Nuclear Regulatory
Commission, or any successor agency, under the Atomic Energy Act of 1954, as
amended;
(n) Any release to ground
water that is discovered solely as a result of detection within a public
drinking water system being monitored in accordance with the Rules for Safe
Drinking Water, Chapter 391-3-5, provided that the Director is informed of such
detection in accordance with the aforementioned Rules; and
(o) Releases that arise from land-disturbing
activities involving the extraction and stockpiling of ores and mineral, or
involving the removal, stockpiling, and replacement of overburden materials, at
any mine permitted under the Georgia Surface Mining Act, O.C.G.A., §
12-4-70 et seq.
(p) Any release to soil reported to the
Division by a prospective purchaser pursuant to the Georgia Brownfield Act,
O.C.G.A 12-8-200 et seq., unless the
Director's approval of the corrective action plan or concurrence with the
certification of compliance has been suspended or revoked.
(3)
Release requiring
notification. Any of the following releases, when discovered, are
releases that require notification under Rule
391-3-19-.04(4),
unless excluded under Rule
391-3-19-.04(2):
(a) Releases to ground water. A release of a
regulated substance which causes the concentration in ground water to exceed
concentrations given in Table 1 of Appendix III, or for those substances not
listed, the highest concentration of any of the following: the detection limit,
Secondary Maximum Contaminant levels for Drinking Water listed in Rule 391-3-5,
or background;
(b) Releases to
soil. A release of a regulated substance which causes the concentration in soil
to exceed a concentration in Appendix I; or
(c) Other releases. The discarding or
abandonment of a regulated substance in barrels, drums, other containers,
tanks, or other storage or transportation vessels, in process units, or in
waste management units which have neither a permit nor interim status under the
Georgia Hazardous Waste Management Act, O.C.G.A. §
12-8-60 et seq., the Georgia Solid
Water Management Act, O.C.G.A. §
12-8-20 et seq., or the Georgia
Water Quality Control Act, O.C.G.A. §
12-5-20 et seq.
(4)
Notification
requirements. Within 30 days of discovery by the property owner of a
release which requires notification under Rule
391-3-19-.04(3),
the property owner shall notify the Director of the release on such forms as
specified by the Director. Upon the request of the Director, the property owner
shall provide other such information as may be needed to ensure that the
criteria of Rule
391-3-19-.05(1)
may be accurately evaluated. At the owner's option, the owner may complete the
worksheets found in Appendix II of this Chapter to make a preliminary
determination that a release may exceed a reportable quantity. If said
worksheets indicate that a release exceeding a reportable quantity may have
occurred, the owner may submit the information required under Rule
391-3-19-.05(2)
along with the worksheets in lieu of the above notification. In addition, the
owner may petition the Director at the time of notification requesting a 90 day
deferment of the Director's listing determination pursuant to Rule
391-3-19-.05(1) in
order to obtain additional samples, perform a removal, or take other remedial
actions, to be followed by submittal of an amended notification. The deferment
petition must specify interim measure for any suspected immediate health
threat.
