Current through August 31, 2023
01.
Release Response. Upon confirmation of a petroleum release in
accordance with Section
851 or after a release from the PST
system is identified in any other manner, owners and operators shall perform
the following initial response actions within twenty-four (24) hours: (3-31-22)
a. Identify and mitigate fire, explosion and
vapor hazards; (3-31-22)
b. Take
immediate action to prevent any further release of petroleum into the
environment; and (3-31-22)
c.
Report the release to the Department. (3-31-22)
02.
Initial Abatement Measures.
Unless directed to do otherwise by the Department, owners and operators shall
perform the following abatement measures: (3-31-22)
a. Remove as much of the petroleum from the
leaking PST system as is necessary to prevent further release to the
environment; (3-31-22)
b. Visually
inspect any above ground releases or exposed below ground releases and prevent
further migration of the released substance into surrounding soils, surface
water and ground water; (3-31-22)
c. Continue to monitor and mitigate any
additional fire and safety hazards posed by vapors or free product that have
migrated from the PST site and entered into subsurface structures such as
sewers or basements; (3-31-22)
d.
Remedy hazards posed by contaminated soils that are excavated or exposed as a
result of release confirmation, site investigation, abatement, or corrective
action activities. If these remedies include treatment or disposal of soils,
the owner and operator shall comply with applicable state and local
requirements. (3-31-22)
03.
Initial Site
Characterization. Unless directed to do otherwise by the Department,
owners and operators shall assemble information about the site and the nature
of the release, including information gained while confirming the release or
completing the initial abatement measures in Subsection
852.02. This information shall
include, but is not necessarily limited to the following: (3-31-22)
a. Data on the nature and estimated quantity
of release; (3-31-22)
b. Data from
available sources and/or site investigations concerning the following factors:
surrounding populations, water quality, use and approximate location of wells
potentially affected by the release, subsurface soil condition, locations of
subsurface sewers, climatological conditions and land use; and
(3-31-22)
c. Data from measurements
that assess the site for the presence of petroleum contamination including:
(3-31-22)
i. Measurements for the presence of
a release where contamination is most likely to be present, unless the presence
and source of the release have been confirmed in accordance with the site check
required by Subsection
851.03.b. or the closure site
assessments required by applicable federal, state, or local laws. Sample types,
sample locations and analytical methods are subject to Department approval and
shall be based on consideration of the nature of the petroleum, the type of
backfill, depth to ground water and other factors appropriate for identifying
the presence and source of the release; and (3-31-22)
ii. Measurements to determine the presence of
free product. (3-31-22)
d. Within forty-five (45) days of release
confirmation, or another time specified by the Department, owners and operators
shall submit the information collected in compliance with Subsection
852.03 to the Department in a
manner that demonstrates its applicability and technical adequacy to be
reviewed as follows: (3-31-22)
i. If the
Department determines that the information shows that no further corrective
action is required, owners and operators shall be notified accordingly.
(3-31-22)
ii. If the Department
determines that the information shows petroleum contamination is limited to
soils, owners and operators shall treat or dispose of contaminated soils in
accordance with Department guidelines, and need not perform any further
corrective action. (3-31-22)
iii.
If the Department determines that the information shows that any of the
conditions in Subsections
852.05.a. through 852.05.c.
exist, owners and operators shall comply with the requirements in Subsections
852.04 through
852.07.
(3-31-22)
04.
Free Product Removal. At sites where investigations under
Subsection 852.03.c.ii. indicate the
presence of free product, owners and operators shall remove free product to the
maximum extent practicable as determined by the Department while continuing, as
necessary, any actions initiated under Subsections
852.01 through
852.03 or preparing for actions
required under Subsections
852.05 and
852.06. In meeting the
requirements of Subsection
852.04, owners and operators
shall: (3-31-22)
a. Conduct free product
removal in a manner that minimizes the spread of contamination into previously
uncontaminated areas by using recovery and disposal techniques appropriate to
the hydrogeologic conditions at the site, and that properly treats, discharges
or disposes of recovery by-products in compliance with applicable local, state
and federal regulations; (3-31-22)
b. Use abatement of free product migration as
a minimum objective for the design of the free product removal system;
(3-31-22)
c. Handle any flammable
products in a safe and competent manner to prevent fires or explosions; and
(3-31-22)
d. Unless directed to do
otherwise by the Department, prepare and submit to the Department for review
and approval, within forty-five (45) days after confirming a release, a free
product removal report that provides at least the following information:
(3-31-22)
i. The name of the person(s)
responsible for implementing the free product removal measures;
(3-31-22)
ii. The estimated
quantity, type and thickness of free product observed or measured in wells,
boreholes, and excavations; (3-31-22)
iii. The type of free product recovery system
used; (3-31-22)
iv. Whether any
discharge will take place on-site or off-site during the recovery operation and
where this discharge will be located; (3-31-22)
v. The type of treatment applied to, and the
effluent quality expected from, any discharge; (3-31-22) vi. The steps that
have been or are being taken to obtain necessary permits for any discharge; and
(3-31-22)
vii. The disposition of
the recovered free product. (3-31-22)
05.
Investigations for Soil and Water
Cleanup. If any of the conditions in Subsections
852.05.a. through 852.05.c.
exist, and unless directed to do otherwise by the Department, owners and
operators shall notify the Department and conduct investigations in accordance
with Subsection 852.05.d. of the release, the
release site, and the surrounding area possibly affected by the release in
order to determine the full extent and location of soils contaminated by the
petroleum release and the presence and concentrations of dissolved product
contamination in the ground water or surface water: (3-31-22)
a. There is evidence that ground water or
surface water has been affected by the release such as found during release
confirmation or previous corrective action measures; (3-31-22)
b. Free product is found to need recovery in
compliance with Subsection
852.04; (3-31-22)
c. There is evidence that contaminated soils
may affect nearby ground water, surface water or the public health and have not
been treated or disposed of in accordance with Subsection
852.03.d.ii.
(3-31-22)
d. Unless determined
otherwise by the Department, investigations conducted under this Subsection,
852.05, shall include, but are not necessarily limited to the following:
(3-31-22)
i. The physical and chemical
characteristics of the petroleum product including its toxicity, persistence,
and potential for migration; (3-31-22)
ii. The type and age of the PST system,
inventory loss, and type of containment failure; (3-31-22)
iii. The hydrogeologic characteristics of the
release site and the surrounding area; (3-31-22)
iv. The background concentrations of
contaminants in soil, surface water and ground water; (3-31-22)
v. A site drawing, showing boring and
monitoring well locations, nearby structures, under ground utilities, drainage
ditches, streams, suspected locations of leakage, direction of ground water
flow, and any domestic or irrigation wells within a one-fourth (1/4) mile
radius of the site; (3-31-22)
vi.
Information on ownership and use of any well identified pursuant to Subsection
852.05.d.v.;
(3-31-22)
vii. Site borings and
well logs and rationale for choosing drilling locations, and a description of
methods and equipment used for all water and soil sampling; (3-31-22)
viii. A description of contaminant
stratigraphy with accompanying geologic cross-section drawings;
(3-31-22)
ix. A demonstration and
description of the horizontal and vertical extent of contamination, free
product thickness, modes and rate of contaminant transport, and concentrations
of dissolved constituents in surface water and ground water;
(3-31-22)
x. The potential effects
of residual contamination on nearby surface water and ground water; and
(3-31-22)
xi. A discussion of
laboratory analytical methods and information pertaining to laboratory
certification. (3-31-22)
e. Owners and operators shall submit the
information collected in investigating the release site in compliance with
Subsection 852.05 for the Department's
review and approval in accordance with a schedule established by the Department
as provided in Subsection
852.07.
(3-31-22)
06.
Corrective Action Plan. At any point after reviewing the
information submitted in compliance with Subsections
852.01 through
852.05, the Department may
require owners and operators to submit additional information or to develop and
submit a corrective action plan for responding to contaminated soils, surface
water and ground water. If a plan is required, owners and operators shall
submit the plan according to a schedule and criteria established by the
Department as provided in Subsection
852.07. Alternatively, owners
and operators may, after fulfilling the requirements of Subsections
852.01 through
852.05, choose to submit a
corrective action plan for responding to contaminated soil, surface water and
ground water. In either case, owners and operators are responsible for
submitting a plan that provides for adequate protection of human health and the
environment as determined by the Department, and shall modify their plan as
necessary to meet the Department's standards. (3-31-22)
a. The Department will approve the corrective
action plan only after ensuring that implementation of the plan will adequately
protect human health and the environment. In making this determination, the
Department should consider the following factors as appropriate: (3-31-22)
i. The maximum contaminant levels for
drinking water or other health-based levels for water and soil which consider
the potential exposure pathway of the petroleum product; (3-31-22)
ii. The physical and chemical characteristics
of the petroleum product including its toxicity, persistence, and potential for
migration; (3-31-22)
iii. The
hydrogeologic characteristics of the release site and the surrounding area;
(3-31-22)
iv. The proximity,
quality, and current and future uses of nearby surface water and ground water;
(3-31-22)
v. The potential effects
of residual contamination on nearby surface water and ground water; and
(3-31-22)
vi. Other information
assembled in compliance with Section
851. (3-31-22)
b. Upon approval of the corrective action
plan or as directed by the Department, owners and operators shall implement the
plan including modification to the plan made by the Department. Owners and
operators shall monitor, evaluate, and report the results of implementing the
plan in accordance with a schedule and criteria established by the Department
as provided in Subsection
852.07. (3-31-22)
c. Owners and operators may, in the interest
of minimizing environmental contamination and promoting more effective cleanup,
begin cleanup of soil, surface water, and ground water before the corrective
action plan is approved provided that they: (3-31-22)
i. Notify the Department of their intention
to begin cleanup; (3-31-22)
ii.
Comply with any conditions imposed by the Department, including halting cleanup
or mitigating adverse consequences from cleanup activities; and
(3-31-22)
iii. Incorporate these
self-initiated cleanup measures in the corrective action plan that is submitted
to the Department for approval. (3-31-22)
07.
Compliance. If the
Department determines that any of the conditions in 852.05.a. through 852.05.c.
exist, owners and operators shall be given an opportunity to enter into a
consent order with the Department. (3-31-22)
a. The Department shall send owners and
operators a consent order that sets forth at least the following: (3-31-22)
i. A schedule for owners and operators to
submit the information collected in investigating the release site in
compliance with Subsection
852.05. (3-31-22)
ii. A schedule for owners and operators to
submit, and a criteria for, a corrective action plan in compliance with
Subsection 852.06. (3-31-22)
iii. A schedule for the Department to review,
modify, and approve the site release investigation and corrective action plan.
(3-31-22)
iv. A schedule and
criteria for owners and operators to implement a corrective action plan, and
monitor, evaluate, and report the results of implementing the corrective action
plan. (3-31-22)
b. Owners
and operators shall be given thirty (30) days from receipt of the consent order
in which to reach an agreement with the Department regarding the terms of the
consent order. (3-31-22)
c. If
owners and operators cannot reach an agreement with the Department within
thirty (30) days, the Department shall establish a schedule and criteria with
which owners and operators shall comply in order to meet the requirements of
Subsections 852.05 and
852.06.
(3-31-22)
