Current through Register Vol. 48, No. 38, September 20, 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. The owner or operator must satisfy the following
requirements:
a) Cease Using; 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 or operator must, within 24 hours
after detection of the leak, 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 release was to a secondary
containment system, all released materials must be removed within 24 hours to
prevent harm to human health and the environment.
c) Containment of Visible Releases to the
Environment. The owner or operator must immediately conduct a visual inspection
of the release and, based upon that inspection, do the following:
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 subsection (d)(2), must be reported to the Agency within 24 hours
after detection.
2) A leak or spill
of hazardous waste is exempted from the requirements of this subsection (d) if
the following occur:
A) The spill is less
than or equal to a quantity of one pound (0.45 kg); and
B) The spill is immediately contained and
cleaned-up.
3) Within 30
days after detection of a release to the environment, a report containing the
following information must be submitted to the Agency:
A) Likely route of migration of the
release;
B) Characteristics of the
surrounding soil (soil composition, geology, hydrogeology, climate,
etc.);
C) 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 30
days, these data must be submitted to the Agency as soon as they become
available;
D) Proximity to
downgradient drinking water, surface water, and population areas; and
E) Description of response actions taken or
planned.
e)
Provision of Secondary Containment, Repair, or Closure
1) Unless the owner or operator satisfies the
requirements of subsections (e)(2) through (e)(4), the tank system must be
closed in accordance with Section
725.297.
2) If the cause of the release was a spill
that has not damaged the integrity of the system, the owner or 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 or operator must provide
the component of the system from which the leak occurred with secondary
containment that satisfies the requirements of Section
725.293
before it is returned to service, unless the source of the leak is an
aboveground portion of a tank system. 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 subsection (e)(4), that component must satisfy the
requirements for new tank systems or components in Sections
725.292
and 725.293. 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 on-ground tank), the entire component must be
provided with secondary containment in accordance with Section
725.293
prior to being returned to use.
f) Certification of Major Repairs. If the
owner or 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,
etc.), the tank system must not be returned to service unless the owner or
operator has obtained a certification by a qualified Professional Engineer, in
accordance with 35 Ill. Adm. Code
702.126(d),
that the repaired system is capable of handling hazardous wastes without
release for the intended life of the system. This certification must be placed
in the operating record and maintained until closure of the facility.
BOARD NOTE: See Section
725.115(c)
for the requirements necessary to remedy a failure. Also, federal
40 CFR
302.6 requires the owner or operator to
notify the National Response Center of a release of any "reportable
quantity".
