Section 20-6202. REPORTING OF RELEASES OF REGULATED SUBSTANCES  


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    6202.1Any owner, operator or responsible party who has reason to suspect a release from an underground storage tank, as defined in chapter 55, shall notify the Director within twenty-four (24) hours.

     

    6202.2Any authorized agent of a responsible party who knows of a release or has reason to suspect a release from an UST shall notify the owner or operator of the UST system immediately and the Director within 24 hours.

     

    6202.3Any authorized agent of a responsible party; any person who tests, installs, or removes tanks; any person who engages in site investigation, assessment, remediation, or geotechnical exploration; or any public utility company or authorized agent of a public utility company who knows of, or has reason to know of a release, or has reason to suspect a release from an underground storage tank shall inform the owner or operator immediately and shall notify the Director within twenty-four (24) hours of first having knowledge of the suspected release or release.

     

    6202.4The notification of a release or suspected release may be provided orally or in writing, and shall consist of, if known, the name of the owner, operator and any other responsible party, as well as the location, date, time, volume, and substance of the release or suspected release. The notification shall include, if known, any immediate and ongoing action taken to mitigate the release, any subsequent hazardous conditions caused by the release, and an evaluation of any potential environmental hazard evident by the condition or disposition of the tank.

     

    6202.5A responsible party shall not knowingly allow any release from an UST system to continue.

     

    6202.6Owners and operators of UST systems must report to the Director within 24 hours, or another reasonable time period specified by the Director, and follow the procedures in § 6203 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)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; and;

     

    (c)Monitoring results from a release detection method required under §§ 6002 through 6012 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)In the case of inventory control, a tank tightness test conducted within seven (7) days does not confirm the initial result.

     

    6202.7A responsible party shall immediately investigate, conduct initial abatement if necessary, and within seven (7) days of the suspected release confirm to the Director that a release has occurred using the procedures set forth in this chapter.

     

    6202.8If the Director has reason to believe a release or off-site contamination due to a release has occurred, the Director may require the owner or operator of the UST system to follow the procedures set forth in section §§ 6202.7 and 6203.

     

source

Final Rulemaking published at 40 DCR 7835, 7885 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).