Current through August 26, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or which is unfit for use, shall be removed
from service immediately, and the remanufacturer or other person that stores or
treats the hazardous secondary material shall satisfy all of the following
requirements:
(1) CESSATION OF USE;
PREVENT FLOW OR ADDITION OF MATERIALS. The remanufacturer or other person that
stores or treats the hazardous secondary material shall immediately stop the
flow of hazardous secondary material into the tank system or secondary
containment system and inspect the system to determine the cause of the
release.
(2) REMOVAL OF MATERIAL
FROM TANK SYSTEM OR SECONDARY CONTAINMENT SYSTEM.
(a) If the release was from the tank system,
the remanufacturer or other person that stores or treats the hazardous
secondary material shall, within 24 hours after detection of the leak or, if
the remanufacturer or other person that stores or treats the hazardous
secondary material demonstrates that it is not possible, at the earliest
practicable time, remove as much of the material as is necessary to prevent
further release of hazardous secondary material to the environment and to allow
inspection and repair of the tank system to be performed.
(b) If the material was released to a
secondary containment system, all released materials shall be removed within 24
hours or in as timely a manner as is possible to prevent harm to human health
and the environment.
(3)
CONTAINMENT OF VISIBLE RELEASES TO THE ENVIRONMENT. The remanufacturer or other
person that stores or treats the hazardous secondary material shall immediately
conduct a visual inspection of the release and, based upon that inspection do
all of the following:
(a) Prevent further
migration of the leak or spill to soils or surface water.
(b) Remove and properly dispose of any
visible contamination of the soil or surface water.
(4) NOTIFICATIONS, REPORTS.
(a) Except as provided in par. (b), any
release to the environment shall be reported to the department within 24 hours
of its detection. If the release has been reported pursuant to ch. NR 706, that
report will satisfy this requirement.
(b) A person need not report on a leak or
spill of a hazardous secondary material in any of the following circumstances:
1. The leak or spill is less than or equal to
a quantity of one pound.
2. The
leak or spill is immediately contained and cleaned up.
(c) Within 30 days of detection of a release
to the environment, a report containing all of the following information shall
be submitted to the department:
1. The likely
route of migration of the release.
2. The characteristics of the surrounding
soil, such as soil composition, geology, hydrogeology, and climate.
3. The 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 shall be submitted to the department as soon as they become
available.
4. The proximity to
downgradient drinking water, surface water, and populated areas.
5. The description of response actions taken
or planned.
(5) PROVISION OF SECONDARY CONTAINMENT,
REPAIR, OR CLOSURE.
(a) Unless the
remanufacturer or other person that stores or treats the hazardous secondary
material satisfies the requirements specified in pars. (b) to (d), the tank
system shall cease to operate under the remanufacturing exclusion under s. NR 661.0004(1) (za).
(b) If the cause
of the release was a spill that has not damaged the integrity of the system,
the remanufacturer or other person that stores or treats the hazardous
secondary material may return the system to service as soon as the released
material is removed and any necessary repairs are made.
(c) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
shall be repaired prior to returning the tank system to service.
(d) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the remanufacturer or other person that stores or treats the
hazardous secondary material shall provide the component of the system from
which the leak occurred with secondary containment that satisfies the
requirements specified in s. NR 661.0193 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 shall be repaired and may be returned to
service without secondary containment as long as the requirements under sub.
(6) are satisfied. Additionally, if a leak has occurred in any portion of a
tank system component that is not readily accessible for visual inspection,
such as the bottom of an inground or onground tank, the entire component shall
be provided with secondary containment as specified in s. NR 661.0193 prior to
being returned to use.
(6) CERTIFICATION OF MAJOR REPAIRS. If the
remanufacturer or other person that stores or treats the hazardous secondary
material has repaired a tank system in accordance with sub. (5), and the repair
has been extensive, such as installation of an internal liner or repair of a
ruptured primary containment or secondary containment vessel, the tank system
may not be returned to service unless the remanufacturer or other person that
stores or treats the hazardous secondary material has obtained a certification
by a qualified professional engineer that the repaired system is capable of
handling hazardous secondary material without release for the intended life of
the system. This certification shall be kept on file at the facility and
maintained until closure of the facility.
