Current through Register Vol. 43, No. 52, December 26, 2024
(a) For
each release that is required to be reported as specified in
K.A.R.
28-48-3, unless the discovery occurs as the
result of an environmental investigation, the person responsible for the
release shall conduct the following:
(1)
Immediate action. As soon as the discovery occurs, the person responsible for
the release shall:
(A) Take immediate action
to accomplish the following:
(i) Protect
human life and public safety;
(ii)
notify local emergency responders;
(iii) stop and contain the release;
and
(iv) prevent any additional
release; and
(B)
cooperate fully with representatives of the department and local emergency
responders during the release response.
(2) Reporting and notifications. The person
responsible for the release shall conduct the following:
(A) As soon as practicable after the
discovery of the release, after the actions specified in paragraph (a)(1)(A)
have been initiated, report the release to the department by calling the
24-hour spill reporting telephone number or by using another method specified
by the department.
(B) Not later
than five days after the discovery of the release, make reasonable attempts to
ensure that the following are notified of the release:
(i) The owner and each tenant of the property
upon which the release occurred; and
(ii) the owner and each tenant of each
property onto which the release migrated.
(3) Clean up and restoration. The person
responsible for the release shall conduct the following:
(A) Perform a cleanup that is determined by
the secretary to be protective of human health and safety and the environment;
and
(B) restore each property onto
which the release migrated to a condition that is determined by the secretary
to be as close as reasonably possible to the condition of the property before
the release.
(b) If the discovery occurs as the result of
an environmental investigation of a property, the person who owns the property
at the time of the discovery shall:
(1) Not
later than fourteen days after the discovery, make reasonable attempts to
ensure that each tenant of the property upon which the release occurred is
notified of the release; and
(2)
report the discovery to the department in writing within 30 days of the
discovery.
(c) Any person
with knowledge of a release not specifically provided for in this regulation
may report the release to the department by calling the 24-hour spill reporting
telephone number or by using another method specified by the
department.
