7 Del. Admin. Code § 1351-E-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1351-E-1.0 - Reporting Requirements

1.1 Reporting Requirements for Releases Indicated by Unusual Operating Conditions

1.1.1 Owners and Operators shall report any unusual operating conditions to the Department by calling 302-395-2600 within 24 hours of discovery or by the next Day.

1.1.2 Unusual Operating Conditions Include:

1.1.2.1 The sudden loss of product from any portion of the UST System;

1.1.2.2 Inventory control discrepancies;

1.1.2.3 A signal or alarm from any Release Detection device or method that indicates a Release may have occurred;

1.1.2.4 Failed or inconclusive Statistical Inventory Reconciliation (SIR) results;

1.1.2.5 Irregular behavior of product dispensing equipment;

1.1.2.6 Equipment failure or malfunction;

1.1.2.7 The unexplained presence of water in the UST System;

1.1.2.8 Evidence of a Release of a Regulated Substance noted during a routine inspection;

1.1.2.9 Evidence of liquid in the interstitial space of Secondarily Contained systems.

1.1.2.10 Failure of a Tank, Piping or vapor recovery test.

1.2 Reporting Requirements for Releases Indicated by Environmental Conditions

1.2.1 Any indication of a Release of a Regulated Substance that is discovered by any Person, including environmental consultants, environmental contractors, utility companies, financial institutions, real estate transfer companies, UST Owners or Operators, or Responsible Parties shall be reported within 24 hours to:

1.2.1.1 The Department by calling 302-395-2600 during normal business hours; and

1.2.1.2 The Department's 24-hour Release Hot Line by calling 800-662-8802, when required in accordance with 7 Del.C. Ch. 60 and the Regulations promulgated thereunder as amended.

1.2.1.3 If the phone numbers listed in these Regulations are not valid it is the responsibility of the Person discovering the Release to take all reasonable steps to ascertain a valid phone number.

1.2.1.4 The Department may require that the UST System be taken Out Of Service or rendered Empty until the cause of the indication of the Release is determined, if the Department deems such action necessary to protect human health, safety or the environment.

1.2.2 Releases Indicated by Environmental Conditions include:

1.2.2.1 Stained soils or soils that emit characteristic odors of Regulated Substance compounds which are exposed during digging, boring or excavation activities, Repair, Retrofit or Upgrade of UST Systems, Removal of an UST System or collection of soil samples around an UST System that is Closed In Place, or results from a Phase I or Phase II environmental Site Assessment; or

1.2.2.2 Water from supply wells, public or private, that exhibit a decrease in water quality, which is shown by subsequent analysis to result from the presence of a Regulated Substance; or

1.2.2.3 The appearance of characteristic odors of a Regulated Substance in basements or other enclosed spaces; or

1.2.2.4 The appearance of a sheen on a surface water body; or

1.2.2.5 The appearance of a sheen or measurable LNAPL in a supply well, Monitoring Well, or Observation Tube; or

1.2.2.6 A laboratory report that indicates a sample collected from an UST excavation, soil boring, Monitor Well or Observation Tube contains a Regulated Substance; or

1.2.2.7 Notification from the State Emergency Prevention and Response Section or another State or Federal agency of the discovery of uncontained Regulated Substance compounds.

1.3 Reporting Requirements for Confirmed Releases Excluding Spills and Overfills of a Regulated Substance

1.3.1 Owners and Operators shall not knowingly allow any Release from an UST System to continue.

1.3.2 Any Person, including environmental consultants or contractors, utility companies, financial institutions, or real estate transfer companies, that discovers any Release of Regulated Substance, shall report the discovery to:

1.3.2.1 The Department's 24-hour Release Hot Line immediately by calling 800-662-8802, in accordance with 7 Del.C. Ch. 60 and the Regulations promulgated thereunder as amended.

1.3.2.2 The Department by calling 302-395-2600, within 24 hours, during normal business hours.

1.3.3 Any Person who discovers a Release of any quantity of a petroleum substance that produces a visible sheen on surface waters shall immediately notify the National Response Center (800)-424-8802.

1.3.4 Responsible Parties shall immediately contain the Release and shall complete the Release response, investigation and Remedial Action requirements of Part E as required.

1.3.5 Owners and Operators shall comply with the release notification requirements of any other state, federal, or municipal agency.

1.4 Reporting Requirements for Spills and Overfills of Regulated Substance

1.4.1 Owners and Operators shall report any spill or overfill that results in a Release to the environment that exceeds 25 gallons to the Department immediately by calling 800-662-8802, and shall contact the Department, 302-395-2600, for further instructions. Owners and Operators shall immediately contain and clean up the spill or overfill and shall comply with the Release investigation, hydrogeologic investigation in accordance with the requirements as specified in the Hydrogeologic Investigation Guidance (HIG), and Remedial Action requirements of Part E as directed by the Department.

1.4.2 Owners and Operators shall immediately contain and clean up any spill or overfill that results in a release to the environment that is less than 25 gallons. If cleanup cannot be accomplished within 24 hours, Owners and Operators shall immediately notify the Department (302-395-2600). Owners and Operators shall comply with the Release investigation, hydrogeologic investigation and Remedial Action requirements of Part E as directed by the Department.

1.5 Reporting Requirements for Spills and Overfills of Hazardous Substance

1.5.1 Owners and Operators shall report any spill or overfill of a Hazardous Substance that results in a Release that equals or exceeds the reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ( 40 CFR Part 302) or 7 Del.C. § 6028 to the Department immediately by calling 800-662-8802 and shall contact the Department (302-395-2500) for further instructions. Owners and Operators shall immediately contain and clean up the spill or overfill and shall comply with the Release investigation, hydrogeologic investigation in accordance with the requirements specified in the HIG, and Remedial Action requirements of Part E as directed by the Department.

1.5.2 Owners and Operators shall report a Release of a Hazardous Substance equal to or in excess of its reportable quantity immediately to the National Response Center under 42 U.S.C., Chapter 103, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986.

1.5.3 Owners and Operators of UST systems shall immediately contain and clean up any spill or overfill of a Hazardous Substance in a quantity less than a reportable quantity under CERCLA ( 40 CFR Part 302) or 7 Del.C. § 6028. If cleanup cannot be accomplished within 24 hours, Owners and Operators shall immediately notify the Department (302-395-2600). Owners and Operators shall comply with the Release investigation, hydrogeologic investigation and Remedial Action requirements of Part E as directed by the Department.

1.6 Public Notice Requirements for Confirmed Releases

1.6.1 For each confirmed Release that requires a Remedial Action plan, the Department shall provide notice to the public by means designed to reach those members of the public directly affected by the Release and the planned Remedial Action. This notice may include public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, personal contacts by field staff or posting relevant information on the internet.

1.6.2 The Department shall ensure that relevant site release information relating to Remedial Action Plans is available to the public upon request.

7 Del. Admin. Code § 1351-E-1.0

13 DE Reg. 1562 (06/01/10)
23 DE Reg. 581 (1/1/2020)
27 DE Reg. 533 (1/1/2024) (Final)