NDAC 33.1-24-08-52
Initial abatement measures and site check
Cite as N.D. Admin. Code ยง 33.1-24-08-52
1.
Unless directed to do otherwise by the department, owners and operators must perform the
following abatement measures:
a.
Remove as much of the regulated substance from the underground storage tank system
as is necessary to prevent further release to the environment;
b.
Visually inspect any aboveground releases or exposed belowground releases and
prevent further migration of the released substance into surrounding soils and ground
water;
c.
Continue to monitor and mitigate any additional fire and safety hazards posed by vapors
or free product that have migrated from the underground storage tank excavation zone
and entered into subsurface structures (such as sewers or basements);
d.
Remedy hazards posed by contaminated soils that are excavated or exposed as a result
of release confirmation, site investigation, abatement, or corrective action activities. If
these remedies include treatment or disposal of soils, the owner and operator must
comply with applicable state and local requirements;
e.
Measure for the presence of a release where contamination is most likely to be present
at the underground storage tank site, unless the presence and source of the release
have been confirmed in accordance with the site check required by subsection 2 of
section 33.1-24-08-42 or the closure site assessment of subsection 1 of section
33.1-24-08-62. In selecting sample types, sample locations, and measurement methods,
the owner and operator must consider the nature of the stored substance, the type of
backfill, depth to ground water, and other factors as appropriate for identifying the
presence and source of the release; and
f.
Investigate to determine the possible presence of free product, and begin free product
removal as soon as practicable and in accordance with section 33.1-24-08-54.
2.
Within twenty days after release confirmation, or within another reasonable period of time
determined by the department, owners and operators must submit a report to the department
summarizing the initial abatement steps taken under subsection 1 and any resulting
information or data.