10 CSR 26-2.034 - Reporting and Record Keeping

PURPOSE: This rule explains how the owner and operator must keep records demonstrating compliance with the requirements of this chapter. These records must be furnished to the department on request.

(1) Owners and operators of underground storage tank (UST) systems must cooperate fully with inspections, monitoring, and testing conducted by the department, or the department's authorized representative, as well as requests for document submission, testing, and monitoring.
(A) Reporting. Owners and operators must submit the following information to the department:
1. Notification for all UST systems (10 CSR 26-2.022);
2. Reports of all releases including suspected releases (10 CSR 26-2.050), spills and overfills (10 CSR 26-2.053), and confirmed releases (10 CSR 26-2.071);
3. Corrective actions planned or taken including initial abatement measures (10 CSR 26-2.072), initial site characterization (10 CSR 26-2.074), free product removal (10 CSR 26-2.075), investigation of soil and groundwater cleanup (10 CSR 26-2.078), and corrective action plan (10 CSR 26-2.082); and
4. A notification before permanent closure or change in service (10 CSR 26-2.061).
(B) Record Keeping. Owners and operators must maintain the following information:
1. Installation records for any UST system or system component installed after July 1, 2017;
2. Documentation of operation of corrosion protection equipment (10 CSR 262.031);
3. Documents demonstrating compatibility of UST systems, including tanks, piping, release detection equipment, and all other ancillary equipment with the regulated substance being stored (10 CSR 26-2.032);
4. Documentation of UST system repairs (10 CSR 26-2.033);
5. Documentation demonstrating spill and overfill prevention equipment is being properly maintained and inspected or tested (10 CSR 26-2.030);
6. Documentation of containment sump testing results (10 CSR 26-2.035);
7. Documentation of periodic walkthrough inspections (10 CSR 26-2.036);
8. Recent compliance with release detection requirements (10 CSR 26-2.048);
9. Results of the site investigation conducted at permanent closure (10 CSR 262.064);
10. Documentation demonstrating compliance with the operator training rule (10 CSR 100-6); and
11. Documentation demonstrating a valid financial responsibility mechanism is in effect (10 CSR 26-3).
(C) Availability and Maintenance of Records. Owners and operators must keep the records required either-
1. At the UST site and immediately available for inspection by the department; or
2. At a readily available alternative site and be provided for inspection to the department within three (3) working days or five (5) calendar days upon receipt of a written request. A written request shall be made in the following manner:
A. The department shall provide a written request at the time of inspection to site personnel; or
B. In the cases of unattended sites or inspections conducted after normal business hours, written notice shall be made by certified mail; or
3. If the owner or operator fails to meet the requirements of paragraph (1)(C)2., the department may order or otherwise require that owner or operator to maintain records on-site per paragraph (1)(C)1.; or
4. In the case of permanent closure records required under 10 CSR 26-2.064, owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated in this section.

Notes

10 CSR 26-2.034
AUTHORITY: sections 319.107, 319.111, and 319.137, RSMo 2016.* This rule originally filed as 10 CSR 20-10.034. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017.
AUTHORITY: sections 319.107 and 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.034. Original rule filed April 2, 1990, effective 9/28/1990. Amended: Filed Aug. 3, 1993, effective 4/9/1994. Moved and amended: Filed April 15, 2011, effective 12/30/2011 . Amended by Missouri Register April 17, 2017/Volume 42, Number 08, effective 5/31/2017

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