Leak Reporting, Release Reporting, Investigation, and Confirmation

Leak Reporting, Release Reporting, Investigation, and Confirmation. §280.50 Reporting of leaks and suspected releases. Owners and operators of UST systems must report to the MDEQ within 24 hours, or another reasonable time period specified by the MDEQ, and follow the procedures in §280.52 for any 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) The discovery by owners and operators or others of regulated substances within the interstitial space of a double-walled tank or pipe. In the case of containment sumps, reporting is required only if the amount of regulated substances is equal to or greater than one eighth inch or if there is evidence of a leak and it appears the containment sump is not liquid tight; (c) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; (d) The discovery by owners and operators or others of failures of UST system equipment (such as failed spill buckets, failed line leak detectors, failed sensors, etc.), if the failed UST system equipment is not repaired and re-tested within 24 hours of the discovery of the failure; and (e) Monitoring results from a leak detection method required under §280.41 and §280.42 that indicate a leak 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) In the case of inventory control, a second month of data does not confirm the initial result. (3) 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). §280.51 Investigation due to off-site impacts. When required by the MDEQ, owners and operators of UST systems must follow the procedures in §280.52 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 MDEQ or brought to its attention by another party. §280.52 Release investigation and confirmation steps. Unless corrective action is initiated in accordance with Rule 2.6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under §280.50 within 7 days, or another reasonable time period specified by the MDEQ, using either the following steps or another procedure approved by the MDEQ: (a) System test. Owners and operators must conduct tests (according to the requirements for tightness testing in §280.43(c) and §280.44(b) or, as appropriate, secondary containment testing described in §280.31(c)(3)) that determine whether a leak exists in that portion of the tank that routinely contains product, or the attached delivery piping, or both, or if a breach of either wall of the secondary containment has occurred. (1) Owners and operators must repair, replace or upgrade the UST system, and begin corrective action in accordance with Rule 2.6 if the test results for the system, tank, or delivery piping indicate that a leak exists. (2) Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a release. (3) Owners and operators must conduct a site check as described in paragraph (b) of this section if the test results for the system, tank, and delivery piping do not indicate that a leak exists but environmental contamination is the basis for suspecting a release. (b) Site check. 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 initial alarm or cause for suspicion, the type of backfill, the depth of ground water, and other factors appropriate for identifying the presence and source of the release. (1) If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin corrective action in accordance with subpart F; (2) 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. §280.53 Reporting and cleanup of spills and overfills. (a) Owners and operators of UST systems must contain and immediately clean up a spill or overfill and report to the MDEQ within 24 hours, or another reasonable time period specified by the MDEQ, and begin corrective action in accordance with Rule 2.6 in the following cases: (1) Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or another reasonable amount specified by the MDEQ, or that causes a sheen on nearby surface water; and (2) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR part 302). (b) Owners and operators of UST systems must contain and immediately clean up a spill overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the MDEQ, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, or another reasonable time period established by the MDEQ, owners and operators must immediately notify the MDEQ. Note: Pursuant to §§302.6 and 355.40, a release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986.