Current through Register Vol. 41, No. 3, September 23, 2024
A. Unless
directed to do otherwise by the department, owners and operators must perform
the following abatement measures:
1. Remove
as much of the regulated substance from the UST system as is necessary to
prevent further release to the environment;
2. Visually inspect any aboveground releases
or exposed belowground releases and prevent further migration of the released
substance into surrounding soils and groundwater;
3. Continue to monitor and mitigate any
additional fire and safety hazards posed by vapors or free product that have
migrated from the UST excavation zone and entered into subsurface structures
(such as sewers or basements);
4.
Remedy hazards posed by contaminated soils that are excavated or exposed as a
result of release confirmation, site investigation, abatement, or corrective
action activities. If these remedies include treatment or disposal of soils,
the owner and operator must comply with applicable state and local
requirements;
5. Measure for the
presence of a release where contamination is most likely to be present at the
UST site, unless the presence and source of the release have been confirmed in
accordance with the site check required by subdivision 2 of
9VAC25-580-210
or the closure site assessment of subsection A of
9VAC25-580-330.
In selecting sample types, sample locations, and measurement methods, the owner
and operator must consider the nature of the stored substance, the type of
backfill, depth to groundwater and other factors as appropriate for identifying
the presence and source of the release. Samples shall be tested according to
established EPA analytical methods or methods approved the department;
and
6. Investigate to determine the
possible presence of free product, and begin free product removal as soon as
practicable and in accordance with
9VAC25-580-270.
B. Within 20 days after release
confirmation, or within another reasonable period of time determined by the
department upon written request made and approved within 20 days after release
confirmation, owners and operators must submit a report to the department
summarizing the initial abatement steps taken under subsection A of this
section and any resulting information or data.
Statutory Authority: §§ 62.1-44.15 and
62.1-44.34:9 of the Code of Virginia;
42 USC §
6901 et seq.; 40 CFR Parts 280 and
281.
