Response to Leaks or Spills and Disposition of Leaking Tank Systems

The owner or operator shall remove from service immediately a tank system or secondary containment system from which there has been a leak or spill, or which poses a threat of release to the environment and shall satisfy the following requirements: (1) 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 determine the cause of the release. (2) Removal of Waste from the Tank System or Secondary Containment System. (a) If the release was from the tank system, the owner or operator shall within 24 hours of the release or, if the owner or operator demonstrates that it 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. (b) If the material released was to a secondary containment system, the owner or operator shall remove all released materials within 24 hours or in as timely a manner as possible to prevent a threat to public health, safety, welfare, or the environment. (3) 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: (a) Prevent further migration of the leak or spill to soils or surface water; and (b) Remove, and properly dispose of, any visible contamination of the soil or surface water. (4) Notifications, Reports. (a) The owner or operator shall report to the Department all releases or threats of releases of hazardous wastes to the environment as soon as possible but not more than two hours after obtaining knowledge thereof, and in compliance with 310 CMR 40.0000. (b) For any hazardous waste not having a reportable quantity pursuant to 310 CMR 40.0000 the owner or operator shall report to the Department releases or threats of release exceeding one pound in compliance with 310 CMR 30.697(4)(a). (c) The owner or operator shall report to the local fire departments releases from tanks. (d) Within seven days of the detection of a release to the environment, the owner or operator shall submit to the Department's Division of Hazardous Waste a written report containing the following information: 1. Likely route of migration of the release; 2. Characteristics of the surrounding soil (soil composition, geology, hydrology, climate); 3. 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 seven days, these data must be submitted to the Department as soon as they become available; 4. Proximity to downgradient drinking water, surface water, and populated areas; and 5. Description of response actions taken or planned. (5) Provision of Secondary Containment, Repair, or Closure. (a) Unless the requirements of 310 CMR 30.697(5) are met, the owner or operator shall close the tank system in compliance with 310 CMR 30.699. (b) 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. (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the owner or operator shall repair the primary tank system prior to returning the tank system to service. (d) If the source of the release was a leak to the environment from a component of the tank system without secondary containment, the owner or operator shall provide the secondary containment for the component of the system from which the leak occurred. Such secondary containment shall meet the requirements of 310 CMR 30.694 before the component of the tank system may be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. (e) If the source is an aboveground component that can be inspected visually, the owner or operator shall repair and mayreturn the component to service without secondarycontainment provided that the requirements of 310 CMR 30.697(6) are met. (f) If a component is replaced to comply with the requirements of 310 CMR 30.697(5)(d), that component must meet the provisions of 310 CMR 30.693 and 30.694. (g) If a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, (e.g., the bottom of an onground tank), the entire component must be provided with secondary containment in accordance with 310 CMR 30.694 prior to being returned to use. (6) Certification of Major Repairs. If the owner or operator has repaired a tank system in accordance with 310 CMR 30.697(5), and the repair has been extensive (e.g., repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner or operator has obtained a certification by a Massachusetts registered professional engineer in accordance with 310 CMR 30.009 that the repaired system is capable of handling hazardous waste without release for the intended life of the system. This certification must be submitted to the Department within seven days after returning the tank system to use.