Ala. Admin. Code r. 335-6-15-.22

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-15-.22 - Release Investigation And Confirmation Steps

Unless corrective action is initiated in accordance with rules 335-6-15-.24 through 335-6-15-.32, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under rule 335-6-15-.20 within 7 days and submit the results to the Department within 10 days, or another reasonable time period specified by the Department, using either the following steps or another procedure approved by the Department:

(a)System test. Owners and operators must conduct tests (according to the requirements for tightness testing in rules 335-6-15-.17(c) and 335-6-15-.18(b) or as appropriate, secondary containment testing described in rule 335-6-15-.12(f)) .

1. The test must determine whether:

(i) A leak exists in that portion of the underground storage tank, or the attached underground delivery piping; or

(ii) A breach of either wall of the secondary containment has occurred.

2. If the UST system test confirms a leak into the interstice or a release, owners and operators must immediately temporarily close the UST system in accordance with rule 335-6-15-.33(1)(c), repair the UST system in accordance with rule 335-6-15-.12, or permanently close the UST system in accordance with rules 335-6-15-.34 through 335-6-15-.37. In addition, owners and operators must begin corrective action if the test results for the system (underground storage tank, and/or underground delivery piping) indicate that a release exists.

3. The Department may release an owner or operator from any further investigation requirements if the underground storage tank tests tight after minor repairs to that portion of the underground storage tank that does not routinely contain product.

4. Further investigation is not required if the test results for the system (underground storage tank, and/or underground delivery piping) do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.

5. Owners and operators must conduct a preliminary investigation as described in subparagraph (b) of this rule if the test results for the system (underground storage tank, and/or underground delivery piping) do not indicate that a release exists but environmental contamination is the basis for suspecting a release.

(b)Preliminary investigation. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST system site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. Specific requirements for a preliminary investigation are included in rule 335-6-15-.26.

1. If in the determination of the Department the results of the preliminary investigation indicate that a release has occurred, owners and operators must initiate corrective action in accordance with rules 335-6-15-.24 through 335-6-15-.32. The Department may require a secondary investigation to be performed.

2. If in the determination of the Department the results of the preliminary investigation do not indicate that a release has occurred, further investigation is not, Vernon H. Crockett

Ala. Admin. Code r. 335-6-15-.22

Effective April 5, 1989. Amended: Filed August 28, 2003; effective October 2, 2003. Amended: Filed February 25, 2014; effective April 1, 2014.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 12/8/2017.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Statutory Authority:Code of Ala. 1975, § 22-36-3.