Or. Admin. Code § 340-150-0510 - Suspected Release Investigation and Confirmation Steps

(1) Following the discovery of a suspected release of a regulated substance, an owner and permittee must immediately initiate investigation and confirmation of the suspected release as this rule requires. This investigation must be completed within seven days or as DEQ otherwise approves or directs.

(2) Upon expiration of the 7-day period or other period DEQ approves, an owner and permittee must notify DEQ of the investigation results by submitting to DEQ:

(a) A written description of the system test that confirmed a release did not occur, including any test results; or

(b) A written plan of action to complete the suspected release investigation system test or site assessment. Any plan of action must include a schedule for completion.

(3) System test.

(a) An owner and permittee must conduct tightness testing to determine whether a leak exists in any portion of the UST or the underground piping that routinely contains a regulated substance.

(b) An owner and permittee must investigate the cause of a release into any secondary containment unit including, but not limited to, underground piping, turbine sumps, transition sumps and dispenser pans by conducting tests in accordance with manufacturer requirements or as DEQ directs. All regulated substances (product) or product and water mixture must be removed from the containment system and properly disposed of in accordance with all state, federal and local requirements.

(c) If the suspected release was reported due to any of the conditions described in OAR 340-150-0500(1)(b), (c), or (d) and the system test results do not indicate that a release has occurred, further investigation is not required, unless DEQ directs otherwise.

(d) If the suspected release was reported due to any of the conditions described in OAR 340-150-0500(1)(a) or the system test results indicate that a release occurred, an owner and permittee must repair or modify the UST system and begin corrective action under sections (4) and (5) of this rule.

(4) Site assessment.

(a) An owner and permittee must conduct a site assessment per OAR 340-150-0180. An owner and permittee must measure for the presence of a release where contamination is most likely to be present based on all information available. In selecting sample types, sample locations and measurement methods, an owner and permittee must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth to groundwater and other factors appropriate for identifying the presence and source of the release. The requirements for sample collection, analytical tests and methods contained in OAR 340-122-0205 through OAR 340-122-0360 must be used. DEQ may require that a sampling plan be submitted for approval before conducting any sampling on a case-by-case basis. In addition:

(b) If the results of the site assessment conducted under subsection (4)(a) of this rule does not indicate that a release has occurred, further investigation is not required unless specifically directed by DEQ.

(c) If the site assessment results indicate that a release has occurred, an owner and permittee must begin corrective action under section (5) of this rule.

(5) If the suspected release investigation confirms that a release has occurred, an owner and permittee must report the confirmed release to DEQ within 24 hours of confirmation and comply with the following release reporting, site investigation and corrective action requirements:

(a) For petroleum USTs: OAR 340-122-0205 through 340-122-0360.

(b) For USTs containing non petroleum regulated substances: OAR 340-122-0010 through 340-122-0115, except that releases must be reported as OAR chapter 340, division 142 requires.

(6) DEQ may require that an owner and permittee perform additional actions not specifically listed in this rule on a case-by-case basis to address actual or potential threat to human health or the environment.

Notes

Or. Admin. Code § 340-150-0510

DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995

Statutes/Other Implemented: ORS 466.746 & 466.765