Current through September 21, 2024
A hazardous substance release in any amount which enters, or
threatens to enter, waters of the state shall be reported, contained, removed,
and disposed of in accordance with these regulations.
(a) Any person owning or having control over
oil or a hazardous substance which, after release, enters, or threatens to
enter, waters of the state shall:
(i)
immediately take appropriate action to stop and contain the release.
(ii) Immediately notify the division of the
type, quantity, and location of the release, and of the response, containment,
and cleanup actions which have been taken or are proposed to be taken.
(A) The following releases are not required
to be reported to the division provided the release does not physically enter
waters of the state, and it is immediately contained, removed, and disposed of
in accordance with departmental regulations:
(I) Ten barrels (420 gallons) or less of
crude oil, petroleum condensate, produced water, or a combination
thereof;
(II) Twenty-five (25)
gallons or less of refined crude oil products, including but not limited to,
gasoline, diesel motor fuel, aviation fuel, asphalt, road oil, kerosene, fuel
oil, and derivatives of mineral, animal, or vegetable oils.
(iii) Immediately
proceed to correct the cause of the release.
(iv) Within seven (7) days following a
release, submit a complete written report to the division describing the
reportable release and steps taken to prevent a recurrence.
(b) Cleanup of oil or hazardous
substance releases shall proceed in a timely and diligent manner. Satisfactory
cleanup of an oil or hazardous substance release will be achieved when one, or
both, of the following cleanup criteria have been met:
(i) Oil releases shall not be present in, or
threaten, waters of the state in amounts which would cause any one of the
following conditions:
(A) Oil and grease
content to exceed 10 mg/l;
(B)
Visible deposits on the bottom or shoreline, or
(C) Damage or impairment of the normal
growth, function, or reproduction of human, animal, plant, or aquatic
life.
(ii) Hazardous
substances shall not be present in, or threaten, waters of the state in
concentrations or combinations which, as determined by the administrator, would
damage or impair the normal growth, function, or reproduction of human, animal,
plant, or aquatic life, or impair the beneficial use of any waters of the
state.
(c) Except in
cases where extreme fire danger, or unique hazardous circumstances exist,
physical removal of the released oil or hazardous substance may be required, as
deemed necessary by the administrator.
