Section 18 AAC 78.210 - Release investigation and confirmation steps(a)General investigative requirements. Unless corrective action is taken under 18 AAC 78.220 - 18 AAC 78.270, the owner or operator of a UST shall immediately investigate and confirm the suspected release of petroleum requiring reporting under 18 AAC 78.200 within seven days by conducting either a site assessment under 18 AAC 78.090 or a system test as described in this section. The department may require both a site assessment and a system test. The department may grant a written request for an extension of the seven-day time period.(b)System test. The owner or operator shall conduct a test according to the requirements for tightness testing in 18 AAC 78.065(d) and 18 AAC 78.070(c) or, as appropriate, secondary containment testing described in 18 AAC 78.055(a)(5). The following apply to the systems test: (1) the test must determine whether(A) a leak exists in that portion of the tank that routinely contains petroleum or the attached delivery piping; or(B) a breach of either wall of the secondary containment has occurred; (2) if the test confirms a leak into the interstice or a release, the owner or operator shall repair, upgrade, or close the UST; in addition, the owner or operator shall begin collective action in accordance with 18 AAC 78.220 - 18 AAC 78.270 if the test results for the system, tank, or delivery piping indicate that a release exists;(3) further in vestigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release; and(4) the owner or operator shall conduct a site assessment as described in 18 AAC 78.090 if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.(c)Site Assessment.If a site assessment conducted under (a) of this section indicates that a release has occurred, the owner or operator shall conduct a release investigation under 18 AAC 78.235 and begin corrective action as required by 18 AAC 78.220 - 18 AAC 78.280. No further investigation is required if (1) the site assessment indicates that a release has not occurred;(2) observations and investigations indicate that free product is not present; and(3) test results indicate that (A) groundwater cleanup levels in 18 AAC 75.345 are not exceeded at the UST site;(B) surface water quality standards in 18 AAC 70.020(b) are not exceeded at the UST site; and(C) soil cleanup levels in 18 AAC 75.340 and 18 AAC 75.341 are not exceeded at the UST site.Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
AS 46.03.375