R315-15-9. Emergency Controls

  9.1 IMMEDIATE ACTION

  In the event of a release of used oil, the person responsible for the material at the time of the release shall immediately:

  (a) Take appropriate action to minimize the threat to human health and the environment.

  (1) Stop the release;

  (2) Contain the release;

  (3) Clean up and manage properly the released material as described in R315-15-9.3; and

  (4) If necessary, repair or replace any leaking used oil tanks, containers, and ancillary equipment prior to returning them to service.

  (b) Notify the Utah State Department of Environmental Quality, 24-hour Answering Service, 801-536-4123 for used oil releases exceeding 25 gallons, or smaller releases that pose a potential threat to human health or the environment. Small leaks and drips from vehicles are considered de minimis and are not subject to the release clean-up provisions of R315-15-9.

  (c) Provide the following information when reporting the release:

  (1) Name, phone number, and address of person responsible for the release.

  (2) Name, title, and phone number of individual reporting.

  (3) Time and date of release.

  (4) Location of release--as specific as possible including nearest town, city, highway, or waterway.

  (5) Description contained on the manifest and the amount of material released.

  (6) Cause of release.

  (7) Possible hazards to human health or the environment and emergency action taken to minimize that threat.

  (8) The extent of injuries, if any.

  (d) An air, rail, highway, or water transporter who has discharged used oil shall:

  (1) Give notice, if required by 49 CFR 171.15 to the National Response Center, http://nrc.uscg.mil/nrchp.html, 800-424-8802 or 202-426-2675; and

  (2) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590.

  (e) A water, bulk shipment, transporter who has discharged used oil shall give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.

  9.2 EMERGENCY CONTROL VARIANCE

  If a release of used oil requires immediate removal to protect human health or the environment, as determined by the Director, a variance to the used oil transporter permit and used oil handler certificate requirement and the US EPA identification number requirement for used oil transporters may be granted by the Director until the released material and any residue or contaminated soil, water, or other material resulting from the release no longer presents an immediate hazard to human health or the environment, as determined by the Director.

  9.3 RELEASE CLEAN-UP

  The person responsible for the material at the time of the release shall clean up all the released material and any residue or contaminated soil, water or other material resulting from the release or take action as may be required by the Director so that the released material, residue, or contaminated soil, water, or other material no longer presents a hazard to human health or the environment. The Director may require releases to be cleaned up to standards found in US EPA Regional Screening Levels. The cleanup or other required actions shall be at the expense of the person responsible for the release.

  9.4 REPORTING

  Within 15 days after any release of used oil that is reported under R315-15-9.1(b), the person responsible for the material at the time of the release shall submit to the Director a written report that contains the following information:

  (a) The person's name, address, and telephone number;

  (b) Date, time, location, and nature of the incident;

  (c) Name and quantity of material(s) involved;

  (d) The extent of injuries, if any;

  (e) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

  (f) The estimated quantity and disposition of recovered material that resulted from the incident.