Reporting of Suspected Releases

PURPOSE: This rule describes the steps for reporting leaks and spills. (1) Owners and operators of underground storage tank (UST) systems must report to the department within twenty-four (24) hours and follow the procedures for release investigation and confirmation in 10 CSR 26-2.052 upon discovery of one (1) or more of the following conditions: (A) The discovery by owners and operators or others 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); (B) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of a regulated substance from the UST system, an unexplained presence of water in the tank, liquid in the interstitial space of secondarily contained systems, or visible leaks from aboveground piping or ancillary equipment connected to a UST), unless system equipment is found to be defective but not releasing regulated substance from the UST system and is immediately repaired or replaced; or (C) Monitoring results, including investigations of leak alarms, from a release detection method required under 10 CSR 26-2.041 through 10 CSR 26-2.047 that indicate a release may have occurred unless— 1. The monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced and additional monitoring does not confirm the initial result; or 2. The leak alarm was investigated and determined to have been caused by an event other than a release (for example, a power surge or delivery to the tank during release detection testing); or 3. In the case of inventory control, a second month of data does not confirm the initial result. AUTHORITY: section 319.109, RSMo 2016.* This rule originally filed as 10 CSR 2010.050. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. *Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008.