Current through Register Vol. 50, No. 9, September 20, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or that 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 24 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 material must be removed within 24
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 (LAC 33:V.105.A)
1. Any release to the environment, except as
provided in LAC 33:V.1913.D.2, must be reported to the Office of Environmental
Compliance in accordance with LAC 33:I.3923 within 24 hours of its detection.
If the release has been reported in accordance with LAC 33:V.105.J, that report
will satisfy this requirement.
2. A
leak or spill of hazardous waste is exempted from this Subsection if it is:
a. less than or equal to a quantity of one
pound; and
b. immediately contained
and cleaned-up.
3.
Within 30 days of detection of a release to the environment, a report
containing the following information must be submitted to SPOC:
a. likely route of migration of the
release;
b. characteristics of the
surrounding soil (soil composition, geology, hydrogeology, climate);
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 administrative authority 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/operator satisfies the
requirements of LAC 33:V.1913.E.2-3 the tank system must be closed in
accordance with LAC 33:V.1915.
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 LAC 33:V.1907 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 LAC
33:V.1913.F are satisfied. If a component is replaced to comply with the
requirements of this Subparagraph, that component must satisfy the requirements
for new tank systems or components in LAC 33:V.1905 and 1907. 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 LAC 33:V.1907 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 of this Section 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 professional engineer in accordance with LAC 33:V.513 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et seq.
[NOTE: The administrative authority may, on the basis of
any information received that there is or has been a release of hazardous waste
or hazardous constituents into the environment, issue an order requiring
corrective action or such other response as is deemed necessary to protect
human health or the environment.]
