Current through Register Vol. 6, March 22, 2024
(1)
Owners and operators, any person who installs or removes an UST, or who
performs subsurface investigations for the presence of regulated substances,
and any person who performs a tank tightness or line tightness test pursuant to
ARM
17.56.407
or
17.56.408,
must report suspected releases to a person within the department or to the
24-hour Disaster and Emergency Services duty officer available at telephone
number (406) 324-4777 within 24 hours of discovery of the existence of any of
the following conditions:
(a) visual or
olfactory observations, field monitoring results or other indicators of the
presence of regulated substances in soil or nearby surface or ground water, or
the presence of free product or vapors in basements, sewer or utility lines;
(b) the sudden or unexplained loss
of product from the tank system;
(c) a failed tightness test, performed in
accordance with subchapter 4, unless the tank system is found to be defective
but not leaking and is immediately repaired or replaced;
(d) sampling, testing, or monitoring results
from a release detection method, performed in accordance with subchapter 4,
that indicate a release may have occurred, unless the release detection or
monitoring device is found to be defective and is immediately repaired,
recalibrated, or replaced, and subsequent monitoring, sampling, or testing
indicates that the system is not leaking;
(e) the presence of product in the tank
secondary containment system;
(f)
erratic behavior of product dispensing equipment or automatic release detection
equipment unless the equipment is found to be defective but not leaking, and is
immediately repaired or replaced;
(g) an unexplained presence of water in the
tank or liquid in the interstitial space between the tank and the tank
secondary containment;
(h)
inconclusive results from a tank tightness test, performed in accordance with
subchapter 4, unless the tank system is found to be defective but not
leaking;
(i) sampling, testing, or
monitoring results from a release detection method, required under subchapter
4, that are inconclusive and cannot rule out the occurrence of a release,
unless the monitoring device is found to be defective and is immediately
repaired, recalibrated, or replaced, and subsequent monitoring, sampling, or
testing indicates that the system is not leaking;
(j) analytical results from soil samples that
exceed 200 milligrams per kilogram for extractable petroleum hydrocarbons
(EPH); and
(k) activation of a
leak detection equipment monitoring alarm, or activation of flow restriction
mode for a mechanical line leak detector, unless:
(i) within 24 hours of the occurrence of the
condition, the condition is investigated, the cause of the condition is
discovered, corrected, and a release to the environment or to secondary
containment has not occurred;
(ii)
the leak detection system is returned to a fully operational condition within
24 hours; and
(iii) records
documenting the cause of the condition and the investigative and corrective
actions undertaken in response to the condition are maintained for a one-year
period at the facility, or at a readily available alternative site, where the
records may be provided for inspection by the department upon request.
(2) Messages
left on answering machines, received by facsimile, e-mail, voice mail, or other
messaging device are not adequate 24-hour notice. For further assistance, the
department's release reporting hotline may be reached at 1 (800)
457-0568.
AUTH:
75-11-319,
75-11-505,
MCA; IMP:
75-11-309,
75-11-505,
MCA