020-1 Wyo. Code R. §§ 1-21 - Release Investigation and Confirmation for Owners and/or Operators Not Eligible for the Corrective Action Account

Contaminated site owners and storage tank owners and/or operators may become ineligible for cleanup under the Corrective Action Account for any reason listed in W.S. 35-11-1424. Owners and/or operators who are not eligible for cleanup under the Corrective Action Account shall investigate and confirm all suspected releases of regulated substances requiring reporting under Section 19 within 7 days of detection as follows:

(a) System Test. Owners and/or operators shall conduct tests according to the requirements for tightness testing in Sections 14(g) and 16(b), or, as appropriate, secondary containment testing described in Section 8(a)(v) that determine if a release occurred from any portion of the storage tank system that routinely contains regulated substance or a breach of either wall of the secondary containment has occurred. Storage tank owners and/or operators shall also audit all inventory control required under Sections 16(a) or 36(e) for 12 months prior to the suspected release.

(i) Owners and/or operators shall repair, replace, or permanently close the storage tank system if the test results for the system indicate that a release exists.

(ii) When environmental contamination is the basis for suspecting a release, owners and/or operators shall also conduct a thorough audit of their leak detection methods for the preceding 12 months. This audit shall be performed by a qualified third party employed for this purpose by the owner and/or operator. In the event that the audit indicates a pattern of releases over several months, owners and/or operators shall conduct a site check as described in Section 20(c).

(iii) Owners and/or operators shall conduct a minimum site assessment as described in Section 29 any time results of the system test described in Section 21(a) indicate that a release exists or when environmental contamination is the basis for suspecting a release.

(b) Further Action. Further investigation is not required if the system test results required under Section 21(a) do not indicate that a release exists or if environmental contamination is not the basis for suspecting a release. If the test results for the excavation zone at an UST site or the results for the area immediately adjacent to the storage tank system at an aboveground storage tank site indicate that a release has occurred, owners and/or operators shall begin corrective action in accordance with Part E.

(c) Permits Required. Owners of contaminated sites and/or owners and/or operators of storage tank systems shall ensure that well permits have been issued prior to initiating site check activities.

(d) Plans and Specifications. All plans, specifications and reports submitted to the department shall be signed and sealed by a Wyoming Registered Professional Engineer and/or a Wyoming Registered Professional Geologist, as applicable and required by state statute.

Notes

020-1 Wyo. Code R. §§ 1-21

Adopted, Eff. 6/29/2018.