Current through February, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the owner or operator must satisfy the following
requirements:
(a) Cessation of use;
prevent flow or addition of wastes. The owner or operator must immediately stop
the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
secondary containment system.
(1) If the
release was from the tank system, the owner/operator must, within twenty-four
hours after detection of the leak or, if the owner/operator demonstrates that
it is not possible, at the earliest practicable time, remove as much of the
waste as is necessary to prevent further release of hazardous waste to the
environment and to allow inspection and repair of the tank system to be
performed.
(2) If the material
released was to a secondary containment system, all released materials must be
removed within twenty-four hours or in as timely a manner as is possible to
prevent harm to human health and the environment.
(c) Containment of visible releases to the
environment. The owner/operator must immediately conduct a visual inspection of
the release and, based upon that inspection:
(1) Prevent further migration of the leak or
spill to soils or surface water; and
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (d)(2), must be reported to the director within
twenty-four hours of its detection. If the release has been reported pursuant
to 40 CFR Part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste is
exempted from the requirements of this subsection if it is:
(i) Less than or equal to a quantity of one
(1) pound, and
(ii) Immediately
contained and cleaned up.
(3) Within thirty days of detection of a
release to the environment, a report containing the following information must
be submitted to the director:
(i) Likely
route of migration of the release;
(ii) Characteristics of the surrounding soil
(soil composition, geology, hydrogeology, climate);
(iii) Results of any monitoring or sampling
conducted in connection with the release (if available). If sampling or
monitoring data relating to the release are not available within thirty days,
these data must be submitted to the director as soon as they become
available.
(iv) Proximity to
down-gradient drinking water, surface water, and populated areas; and
(v) Description of response actions taken or
planned.
(e)
Provision of secondary containment, repair, or closure.
(1) Unless the owner/operator satisfies the
requirements of paragraphs (e)(2) through (4), the tank system must be closed
in accordance with section 11-264-197.
(2) If the cause of the release was a spill
that has not damaged the integrity of the system, the owner/operator may return
the system to service as soon as the released waste is removed and repairs, if
necessary, are made.
(3) If the
cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank
system to service.
(4) If the
source of the release was a leak to the environment from a component of a tank
system without secondary containment, the owner/operator must provide the
component of the system from which the leak occurred with secondary containment
that satisfies the requirements of section 11-264-193 before it can be returned
to service, unless the source of the leak is an aboveground portion of a tank
system that can be inspected visually. If the source is an aboveground
component that can be inspected visually, the component must be repaired and
may be returned to service without secondary containment as long as the
requirements of subsection (f) are satisfied. If a component is replaced to
comply with the requirements of this paragraph, that component must satisfy the
requirements for new tank systems or components in sections 11-264-192 and
11-264-193. Additionally, if a leak has occurred in any portion of a tank
system component that is not readily accessible for visual inspection (e.g.,
the bottom of an inground or onground tank), the entire component must be
provided with secondary containment in accordance with section 11-264-193 prior
to being returned to use.
(f) Certification of major repairs. If the
owner/operator has repaired a tank system in accordance with subsection (e),
and the repair has been extensive (e.g., installation of an internal liner;
repair of a ruptured primary containment or secondary containment vessel), the
tank system must not be returned to service unless the owner/operator has
obtained a certification by an independent, qualified, registered, professional
engineer in accordance with subsection 11-270-11(d) that the repaired system is
capable of handling hazardous wastes without release for the intended life of
the system. This certification must be submitted to the director within seven
days after returning the tank system to use.
