R315-265-196. Tank Systems -- Response to Leaks or Spills and Dispostion of Leaking or Unfit-For-Use Tank Systems

  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 owner or operator shall satisfy the following requirements:

  (a) Cessation of use; prevent flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.

  (b) Removal of waste from tank system or secondary containment system.

  (1) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.

  (2) If the release was 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.

  (c) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection:

  (1) Prevent further migration of the leak or spill to soils or surface water; and

  (2) Remove, and properly dispose of, any visible contamination of the soil or surface water.

  (d) Notifications, reports.

  (1) Any release to the environment, except as provided in Subsection R315-265-196(d)(2), shall be reported to the Director within 24 hours of detection. If the release has been reported pursuant to 40 CFR part 302, that report will satisfy this requirement.

  (2) A leak or spill of hazardous waste that is:

  (i) Less than or equal to a quantity of one pound, and

  (ii) Immediately contained and cleaned-up is exempted from the requirements of Subsection R315-265-196(d).

  (3) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Director:

  (i) Likely route of migration of the release;

  (ii) Characteristics of the surrounding soil, soil composition, geology, hydrogeology, climate;

  (iii) 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 Director as soon as they become available;

  (iv) Proximity to downgradient drinking water, surface water, and population areas; and

  (v) Description of response actions taken or planned.

  (e) Provision of secondary containment, repair, or closure.

  (1) Unless the owner or operator satisfies the requirements of Subsections R315-265-196(e) (2) through (4), the tank system shall be closed in accordance with Section R315-265-197.

  (2) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

  (3) 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.

  (4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of Section R315-265-193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. 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 of Subsection R315-265-196(f) are satisfied. If a component is replaced to comply with the requirements of Subsection R315-265-196(e)(4), that component shall satisfy the requirements for new tank systems or components in Sections R315-265-192 and R315-265-193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, for example, the bottom of an inground or onground tank, the entire component shall be provided with secondary containment in accordance with Section R315-265-193 prior to being returned to use.

  (f) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with Subsection R315-265-196(e), and the repair has been extensive, for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel, the tank system shall not be returned to service unless the owner or operator has obtained a certification by a qualified Professional Engineer in accordance with Subsection R315-270-11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification is to be placed in the operating record and maintained until closure of the facility.

  Note: The Director may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under Sections 19-6-101 through 125 requiring corrective action or such other response as deemed necessary to protect human health or the environment.

  Note: See Subsection R315-265-15(c) for the requirements necessary to remedy a failure. Also, 40 CFR Part 302 requires the owner or operator to notify the National Response Center of a release of any "reportable quantity."