Conn. Agencies Regs. § 22a-449(d)-105 - Release reporting, investigation, and confirmation

Current through August 18, 2021

(a) Reporting of suspected releases.

Owners and operators of UST systems shall report to the implementing agency within 24 hours, or any time period provided under applicable law, including, but not limited to, section 22a-450 of the general statutes, as amended and any implementing regulations, whichever is earliest, and follow the procedures in subsection 22a-449(d) -105 (c) of these regulations for any of the following conditions:

(1) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area including, but not limited to, the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water.
(2) Unusual operating conditions observed by owners and operators, including, but not limited to, 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,
(3) Monitoring results from a release detection method required under subsections 22a-449(d) -104 (c) and (d) of these regulations that indicate a release may have occurred unless the monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result;
(4) The owner or operator of UST systems shall submit a written report to the commissioner within 3 working days of a release including, but not limited to, estimated amount of product lost, location of release and identification of leaking components of the UST system.
(b) Investigation due to off-site impacts.

When required by the implementing agency, owners and operators of UST systems shall follow the procedures in subsections 22a-449(d) -105 (c) of these regulations to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances including, but not limited to, 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 implementing agency or brought to its attention by another party.

(c) Release investigation and confirmation steps.

Unless corrective action is initiated in accordance with section 22a-449(d) -106 of these regulations, owners and operators shall immediately investigate and confirm all suspected releases of regulated substances requiring reporting under subsections 22a-449(d) -105 (a) of these regulations within 7 days, or another time period specified in writing by the implementing agency, using either the following steps or another procedure given prior written approval by the implementing agency:

(1) System test. Owners and operators shall conduct tests according to the requirements for tightness testing in subdivisions 22a-449(d) -104 (e) (3) and (f) (2) of these regulations that determine whether a leak exists in any portion of the tank, or the attached piping other than vent and vapor recovery piping that does not routinely contain product unless the commissioner requests that such piping be tested, or any combination of such tank and piping.
(A) Owners and operators shall repair, replace or upgrade the UST system, and begin corrective action in accordance with section 22a-449(d) -106 of these regulations if the test results for the system, tank, or delivery piping indicate that a leak exists.
(B) Further investigation shall not be 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.
(C) Owners and operators shall conduct a site check as described in subdivision 22a-449(d) -105 (c) (2) of these regulations 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.
(2) Site check. Owners and operators shall measure for the presence of a release where contamination is most likely to be present at the UST site and such measurements shall include but not be limited to the selection of samples for analysis to determine the presence of a release where contamination is most likely to be present at the UST site. Such samples and measurements shall be conducted in a manner to determine compliance with all applicable laws and regulations. In selecting sample types, sample locations, and measurement methods, owners and operators shall 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. Sample collection and analysis shall comply with the appropriate chain-of-custody procedures to ensure sample integrity and all samples shall be analyzed by a laboratory certified by the Connecticut Department of Health Services to perform such analyses.
(A) If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators shall begin corrective action in accordance with section 22a-449(d) -106 of these regulations;
(B) If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation shall not be required.
(d) Reporting and cleanup of spills and overfills.
(1) Owners and operators of UST systems shall immediately contain and immediately clean up a spill or overfill and report to the implementing agency within 24 hours, or any time period provided under applicable law including, but not limited to, section 22a-450 of the general statutes, as amended, and any implementing regulations, whichever is earliest, and begin corrective action in accordance with section 22a-449(d) -106 of these regulations in the following cases:
(A) Spill or overfill of petroleum that results in a release to the environment, 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 CERCLA (40 CFR part 302).
(2) Owners and operators of UST systems shall immediately contain and immediately clean up 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 time period established in writing by the implementing agency, owners and operators shall immediately notify the implementing agency.
(3) Pursuant to 40 CFR sections 302.6 and 355.40, a release of a hazardous substance equal to or in excess of its reportable quantity shall 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.

Notes

Conn. Agencies Regs. § 22a-449(d)-105
Effective July 28, 1994

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