Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 695 - RULES FOR UNDERGROUND HAZARDOUS SUBSTANCE STORAGE FACILITIES
Section 096-695-10 - Leak or Discharge Reporting, Removal, Investigation and Mediation

(1) Leak Detection Systems Evidence

(2) Environmental Evidence

(3) Any other combination of unusual operating conditions and/or release detection signals and/or environmental conditions on or offsite which suggest that a release of a hazardous substance may have occurred.

(1) Immediately upon discovery and reporting of evidence of a leak, the owner or operator must undertake an investigation to confirm or rule out the presence of a leak within 7 days in accordance with one or more of the following:

(2) If any environmental evidence of a leak is present on or off site whether or not a leak to the environment from a facility is confirmed in accordance with the requirements of Section 10(B)(1), the owner or operator must complete a site assessment in accordance with the requirements of Appendix G and submit a report to the Department within 45 days of discovery of evidence of a leak. The environmental contamination may he due to a hazardous substance presently or previously stored at the facility.

(3) If a leak is confirmed in the inner and outer walls of a double wall facility or the wall of a single wall facility and environmental evidence of the leak has not been discovered the owner or operator must complete a site assessment in accordance with Appendix G and submit a report to the Department within 45 days.

(4) Further investigation is not required and a leak is not considered to be present if not confirmed In accordance with Section 10(B)(1) and if no environmental evidence of a leak is present.

(1) Any person who discovers contaminated soil or water or other evidence of a leak or discharge of any amount of a hazardous substance is required to report the contamination to the Department of Public Safety (State Police) as soon as possible but not later than 24 hours after the discovery has occurred.

NOTE: To report a spill call the 24 hour toll free number 1-800-452-4664. A spill that exceeds its reportable quantity under 40 CFR Part 302 must be reported immediately to the National Response Center at 1-800-424-8802 as well as appropriate state and local authorities.

(2) A tank owner or operator shall report to the Department as soon as possible but no later than within 24 hours any evidence of a possible leak or discharge of any amount of a hazardous substance from its primary container, including but not limited to those types of evidence listed in Section 10(A).

(3) The Department, at its discretion. may order complete removal of all product from a facility or portion of a facility upon receiving evidence of a leak from the facility or portion of a facility.

(4) All product must immediately be removed in a manner protective of public health, safety, welfare and the environment from any facility or portion of a facility in which a leak has been confirmed. No hazardous or non hazardous substance may be introduced until the facility has been repaired or replaced in accordance with this rule.

(5) Any person discharging or suffering the discharge by a surface spill or a leak confirmed in accordance with section 10(c) of a hazardous substance into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond. river. stream. sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto any lands of the state shall immediately do the following:

(6) Within 20 days of discovery or confirmation of the leak or discharge submit a written report to the Department describing completed, proposed, and in progress actions to meet the requirements of Section 10(C)(5). If free product removal is necessary the report should include the information required in section 10(D)(2)(c).

(1) Following a site assessment done in accordance with Appendix G that documents environmental contamination, the owner or operator of the facility must undertake remedial action. The remedial action must commence within 90 days following confirmation of the leak or discovery of environmental contamination unless a longer time period is allowed by the Department due to seasonal construction limitations.

(2) At sites where the site assessment indicates the presence of free product in the environment the owner or operator must remove the free product to the maximum extent practicable as determined by the Department in accordance with the following requirements:

(3) The owner or operator must provide the Department with bimonthly reports on the current status of the remedial action program until the program has been completed to the satisfaction of the Department or until an alternative reporting schedule has been approved by the Department.

(4) The Department may require changes in the remediation program based on changes in site conditions, the effectiveness or lack thereof of currently operating remedial methods or the availability of new information, methods or technologies.

(5) The department will provide public notice for all releases, except those requiring immediate action to protect public health, safety, welfare and the environment, that require remedial action including making available to the general public for inspection site assessment reports and remedial action recommendations. All such reports and recommendations will be available at the Department headquarters in Augusta, the appropriate Department field office, and in the town office of the town or towns where the release has occurred and/or migrated. Notice will also be published in appropriate regional and/or local newspapers. Any significant changes after approval of the remedial action plan including changes in clean up levels will be given the same public notice. The Department may. at its discretion, hold a public meeting for any site that requires remedial action.