A tank system or secondary containment system from which there
has been a leak or spill, or which is unfit for use, shall be removed from
service immediately, and the owner or operator shall satisfy all of the
(A) Cessation of use; prevent flow or
addition of wastes. The owner or operator shall immediately stop the flow of
hazardous waste into the tank system or secondary containment system and
inspect the system to determine the cause of the release.
Removal of waste from tank system or
secondary containment system.
release was from the tank system, the owner or operator
, within twenty-four hours after
detection of the leak or, if the owner or operator demonstrates that that is
not possible, at the earliest practicable time, shall
remove as much of the waste as is necessary to
prevent further release of hazardous waste to the environment and to allow
inspection and repair of the tank system to be performed.
(2) If the release was to a secondary
containment system, all released materials shall be removed within twenty-four
hours or in as timely a manner as is possible to prevent harm to human health
and the environment.
Containment of visible releases to the environment. The owner or operator shall
immediately conduct a visual inspection of the release and, based upon that
migration of the leak or spill to soils or surface water
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
Any release to the environment, except as
provided in paragraph (D)(2) of this rule, shall be reported to the director
within twenty-four hours after detection of the
. If the release has been reported pursuant to 40 CFR Part 302
that report will satisfy this requirement.
A leak or spill of hazardous waste that
satisfies both of the following requirements is exempted from the requirements
of this rule:
Less than or
equal to a quantity of one pound
Immediately contained and cleaned up.
Within thirty days after detection of a
release to the environment, a report that contains all of the following
information shall be submitted to the director:
(a) Likely route of migration of the
(b) Characteristics of the
surrounding soil (soil composition, geology, hydrogeology, climate).
Results of any monitoring or sampling
conducted in connection with the release, (if available). If sampling or
monitoring data relating to the release are not available within thirty days,
these data shall be submitted to the director as soon as
(d) Proximity to
downgradient drinking water, surface water, and population areas.
(e) Description of response actions taken or
Provision of secondary containment, repair, or closure.
Unless the owner or operator
satisfies the requirements of
paragraphs (E)(2) to (E)(4) of this
rule, the tank system shall be closed in accordance with rule
of the Administrative Code.
the cause of the release was a spill that has not damaged the integrity of the
system, the owner or operator may return the system to service as soon as the
released waste is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
shall be repaired prior to returning the tank system to service.
If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner or operator shall provide the component of the system
from which the leak occurred with secondary containment that satisfies the
requirements of rule
of the Administrative Code before
the component may
be returned to
service, unless the source of the leak is an aboveground portion of a tank
system. If the source is an aboveground component that can be inspected
visually, the component shall be repaired and may be returned to service
without secondary containment as long as the
is in compliance with
paragraph (F) of this rule
. If a component is replaced
to comply with this
, that component shall
satisfy the requirements for
comply with the
new tank systems or components
of the Administrative Code. Additionally, if a leak has occurred in any portion
of a tank system component that is not readily accessible for visual inspection
(e.g., the bottom of an inground or onground tank), the entire component shall
be provided with secondary containment in accordance with rule
of the Administrative Code prior to being returned to use.
Certification of major repairs. If the
owner or operator has repaired a tank system in accordance with paragraph (E)
of this rule, and the repair has been extensive (e.g., installation of an
internal liner, repair of a ruptured primary containment or secondary
containment vessel), the tank system shall not be returned to service unless
the owner or operator has obtained a certification by
qualified professional engineer in accordance with
paragraph (D) of rule
of the Administrative Code that the repaired system is capable of handling
hazardous wastes without release for the intended life of the system. This
certification shall be submitted to the director within seven days after
returning the tank system to use, placed in the
operating record, and maintained until closure of the facility
[Comment 1: The director, on the basis of any information
received that there is or has been a release of hazardous waste or hazardous
constituents into the environment, may issue an order under section
3734.20 of the
Revised Code requiring corrective action or such other response as deemed
necessary to protect human health or the environment.]
[Comment 2: See paragraph (C) of rule
of the Administrative Code for the requirements necessary to remedy a failure.
Also, 40 CFR Part 302 requires the owner or operator to notify the "National
Response Center" of a release of any "reportable quantity."]
[Comment 3: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
of the Administrative Code titled "Incorporated by