Reporting and Cleanup of Spills and Overfills

PURPOSE: This rule describes the steps for reporting and cleanup of spills. (1) Owners and operators of underground storage tank (UST) systems must contain and immediately clean up a spill or overfill. The spill or overfill must be reported to the department within twenty-four (24) hours. Owners and operators must begin site check, in accordance with 10 CSR 26-2.052(1)(B), and corrective action in accordance with 10 CSR 26-2.070–10 CSR 26-2.083 in the following cases: (A) Spill or overfill of petroleum that results in a release to the environment that exceeds twenty-five (25) gallons or that causes a sheen on nearby surface water; and (B) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (40 CFR 302). (2) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than twenty-five (25) gallons or another reasonable amount specified by the department and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within twenty-four (24) hours, owners and operators must immediately notify the department. (3) A release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within twenty-four (24) hours) to the National Response Center under Sections 102 and 103 of CERCLA (40 CFR 302.6) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986 (40 CFR 355.40). AUTHORITY: section 319.109, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.053. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008.