18 AAC 78.235 - Release investigation
(a) After meeting
the requirements of
18 AAC 78.220 and
18 AAC 78.230, the owner or
operator of a UST with a confirmed release of petroleum shall perform a release
investigation to characterize the release and actual or potential threat to
human health and safety, and to the environment. If applicable to the site, an
investigation under this section must include the following:
(1) soil samples, sufficient in number and
location to represent the conditions of the soil, must be taken to adequately
characterize the horizontal and vertical distribution of the release in the
soil and to identify soil properties that are likely to influence the type and
rate of migration of the released petroleum;
(2) sample collection and other
investigations of the site geology and hydrogeology must be conducted to
adequately characterize the horizontal and vertical distribution of the release
in groundwater and those features that affect the fate and transport of the
petroleum; if groundwater contamination is confirmed, the owner or operator
shall notify the department within 24 hours and identify public and private
drinking water wells that are located within one-quarter mile of the release
site;
(3) sample collection and
other investigations of surface waters must be conducted to adequately
characterize significant hydrologic features such as surface drainage patterns
and quantities, surface waters, floodplains, and actual or potential
contaminant migration routes toward or within these features;
(4) a hazard ranking evaluation must be
conducted to measure the potential risk to human health and safety, and to the
environment; data collected must include information on toxicity and quantity
of the contaminants, release information, site access, air exposure,
surrounding populations, water use and exposure, surrounding environmental and
recreation areas, and observed environmental impacts; the hazard ranking
evaluation must be submitted on a form provided by the department;
and
(5) a sampling and analysis
plan must be submitted to and approved by the department, if the owner or
operator plans to use a statistical method referenced in
18 AAC 78.276(e)
for site closure and final compliance with the soil cleanup levels under
18 AAC 78.600 -
18 AAC 78.610.
(b) The collection and
interpretation of field data and the reporting of release investigation data
must be conducted or supervised by a qualified environmental professional in
accordance with the UST Procedures Manual.
(c) Repealed 6/17/2015.
(d) Laboratory analyses submitted to fulfill
the requirements of this section must be performed by a laboratory approved by
the department under
18 AAC 78.800 -
18 AAC 78.815.
(e) After completing a release investigation
required under this section, the owner or operator shall undertake corrective
action as prescribed in
18 AAC 78.240 -
18 AAC 78.276 unless directed by
the department to do otherwise as necessary to ensure protection of human
health or safety, or of the environment.
(f) In a release investigation, the owner or
operator shall use the analytical methods set out in Table 1, Chapter 2 of the
UST Procedures Manual.
(g) Within 45 days after the date of release
confirmation, as established under (h) of this section, the owner or operator
shall submit a release investigation report to the department, summarizing the
initial abatement measures conducted under
18 AAC 78.230 and including
(1) the owner's name and address;
(2) the operator's name and address, if
different from the owner;
(3) the
location of the UST, including the legal description by
(A) subdivision lot, block, or tract
information; or by section lot, tax lot, or government lot number; or
(B) meridian, township, range, section, and
nearest quarter section locations within the section if the location cannot be
described under (A) of this paragraph;
(4) the UST registration number assigned by
the department;
(5) the name and
business address of each person who supervised the release
investigation;
(6) all sample
analyses and test results received, reported as required in the UST
Procedures Manual,Section 8.4;
(7) data on the nature and estimated amount
of the release;
(8) data
summarizing the hazard ranking evaluation conducted under (a)(4) of this
section, on a form provided the department;
(9) information gained through soil,
groundwater, geology, and surface water investigations conducted under this
section;
(10) a narrative
description of activities conducted at the site and the dates the activities
occurred;
(11) a site sketch that
approximately shows
(A) the location and
configuration of tanks and piping;
(B) the sample locations, including depth
below grade;
(C) the proximity to
property, buildings, and residences;
(D) any sites where a release has
occurred;
(E) any sites where free
product has been or is located;
(F)
the facility and property boundaries;
(G) a bar scale and north arrow;
and
(H) any other pertinent
information;
(12) a UST
site history, including previous releases, repairs, spills, or corrective
action activities; and
(13) an
evaluation of the existence of petroleum vapors within any nearby occupied
structure.
(h) The date
of release confirmation is established by the earlier of the following events:
(1) the receipt, by the owner or operator, of
a report under
18 AAC 78.090 or
18 AAC 78.210, if the report
indicates petroleum contamination; or
(2) the owner's or operator's first
observation, or first knowledge of an observation, of petroleum
contamination.
Notes
The hazard ranking evaluation form mentioned in 18 AAC 78.235(a)(4) is located in the department's UST Procedures Manual as Appendix E.
Authority:AS 46.03.020
AS 46.03.365
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