HAR §11-280.1-51. Investigation of off-site impacts

When required by the department, owners and operators of UST systems must follow the procedures in section 11-280.1-52 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the department or brought to the department's attention by any person. [Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 212025 ] (Auth: HRS §§3421-3, 3421-35) (Imp: HRS §§3421-3, 3421-35) §11-280.1-52 Release investigation and confirmation steps. (a) Unless release response action is initiated in accordance with subchapter 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 11-280.1-50 within seven days following the discovery of the suspected release, unless a written request for extension of time is granted by the director. (b) Investigations and confirmations required in subsection (a) must use the following steps or another procedure approved by the department: (1) System test. Owners and operators must 280.1-71 3 5 8 4 §11-280.1-52 conduct tests (according to the requirements for tightness testing in sections 11-280.1-43(3) and 11-280.1-44(2) and, as appropriate, secondary containment testing described in section 11-280.1-33 (a) (6)}. (A} The test must determine whether: (i) A leak exists in that portion of the tank that routinely contains product, or the attached delivery piping; or (ii) A breach of either wall of the secondary containment has occurred. (B) If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, or close the UST system. In addition, owners and operators must begin release response action in accordance with subchapter 6 if the test results for the system, tank, or delivery piping indicate that a release exists. (C} Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release. (D) Owners and operators must conduct a site assessment as described in paragraph (2) if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release. (2) Site assessment. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of 280.1-72 0 :=; 8 4 t.J  §11-280.1-53 initial alarm or cause for suspicion, the type of backfill and surrounding soil, the depth and flow of groundwater, and other factors as appropriate for identifying the presence and source of the release. (A) If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin release response action in accordance with subchapter 6; (B) If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required. (c) If it is determined that a release has not occurred, owners and operators must report the results of the investigation in writing to the department within thirty days following discovery of the suspected release. The report shall include, but not be limited to, results of the tests required by subsection (b) as well as performance claims pursuant to section 11-280.1-40(a)(5). [Eff 7/15/18; comp 1/17 /20; am and comp 7 /8/21; comp MAR 21 2025 ) (Auth: HRS §§3421-3, 3421-35) (Imp: HRS §§3421-3, 3421-35) §11-280.1-53 Reporting and cleanup of spills and overfills. (a) Owners and operators of UST systems must contain and immediately clean up all spills and overfills in a manner which is protective of human health and the environment as set forth in section 11-280.1-65.3. (b) Owners and operators must notify the department within twenty-four hours and begin release response action in accordance with subchapter 6 in the following cases: (1) Spill or overfill of petroleum that results 280.1-73 3 5 8 4 §11-280.1-53 in a release to the environment that exceeds twenty-five gallons or that causes a sheen on nearby surface waters; and (2) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity, as determined in compliance with section 11-451-6. (c) Owners and operators must immediately notify the department of a spill or overfill of petroleum that is less than 25 gallons or a spill or overfill of a hazardous substance that is less than its reportable quantity, as determined in compliance with section 11- 451-6, and comply with section ll-280.1-62(b) if cleanup cannot be accomplished within twenty-four hours. (d) An owner or operator must submit the appropriate forms listed in section 11-280.1-lll(b) documenting current evidence of financial responsibility to the director within thirty days after identifying a release from an underground storage tank or tank system required to be reported under this section. [Eff 7/15/18; comp 1/17/20; am and comp 7/8/21; comp MAR212025 ] (Auth: HRS §§342L-3, 342L-34, 3421-35) (Imp: HRS §§342L-3, 3421-34, 3421-35) §