HAR §11-280.1-50. Reporting of suspected releases

Owners and operators of UST systems must notify the department within twenty-four hours and follow the procedures in section 11-280.1-52 for any of the following conditions: (1) The discovery by any person of evidence of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water). (2) Unusual UST or tank system operating conditions observed or experienced by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an 280.1-69 3 5 8 4 1 §11-280.1-50 unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless: (A) The system equipment or component is found not to be releasing regulated substances to the environment; (B) Any defective system equipment or component is immediately repaired or replaced; and (C) For secondarily contained systems, except as provided for in section 11-280.1-43 (7) (B) (iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed. (3) Monitoring results, including investigation of an alarm, from a release detection method required under sections 11-280.1-41 and 11-280.1-42 that indicate a release may have (A) ( B) ( C) occurred unless: The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; The leak is contained in the secondary containment and: (i) Except as provided for in section 11-280.1-43(7) (B) (iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and (ii) Any defective system equipment or component is immediately repaired or replaced; In the case of inventory control described in section 11-280.1-43(1), a second month of data does not confirm the initial result or the investigation 280.1-70 J 5 8 4 ◄ §11-280.1-52 determines no release has occurred; or (D) The alarm was investigated and determined to be a non-release event (for example, from a power surge or caused by filling the tank during release detection testing) . [ Ef f 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 2 1 2025 ] (Auth: HRS §§3421-3, 3421-34) (Imp: HRS §§3421-3, 3421-34)