7 Del. Admin. Code § 1351-E-2.0

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

Section 1351-E-2.0 - Indicated Release Investigation Requirements

2.1 General Requirements for Indicated Release Investigation

2.1.1 Unless Remedial Action is immediately initiated in accordance with the requirements of Part E, Responsible Parties shall investigate and confirm, within 7 Days, any indication of a Release of a Regulated Substance including those listed in Part E, subsection 1.1.

2.2 Investigation Procedures for Releases Indicated by Unusual Operating Conditions

2.2.1 Upon discovery of an indication of a Release Responsible Parties shall:

2.2.1.1 Within 24 hours initiate an investigation to determine the cause of any unusual operating condition.

2.2.1.1.1 If the unusual operating condition is the result of an equipment failure or malfunction, Owners and Operators shall Repair or replace all faulty equipment in accordance with all applicable portions of these Regulations.

2.3 Investigation Procedures for Releases Indicated by Inventory Control Discrepancies

2.3.1 Owners and Operators shall initiate an investigation procedure within 24 hours of identification of an inventory discrepancy as described in Part B, Part C or Part D of these Regulations. The investigation shall proceed until the cause of the discrepancy has been found. The investigation shall include:

2.3.1.1 Inventory records shall be checked for mathematical errors; and

2.3.1.2 Inventory records shall be checked for error in measurement, substance temperature change, or other variables; and

2.3.1.3 If the significant loss or gain is not reconcilable after the steps in Part E, subsections 2.3.1.1 or 2.3.1.2 are completed, or cannot be affirmatively demonstrated to be the result of pilferage, the UST System shall be checked for damage; and

2.3.1.4 Release Detection systems shall be checked for signs of a Release; and

2.3.1.5 Correct calibration of the inventory measuring system and any Dispensers shall be verified.

2.3.2 If the source of the inventory discrepancy has not been determined from the above procedures, Owners and Operators shall notify the Department within 24 hours of completion of the investigation procedures in Part E, subsections 2.3.1.1, 2.3.1.2, 2.3.1.3, 2.3.1.4, and 2.3.1.5, and Owners and Operators shall initiate the Release investigation and confirmation steps established in Part E.

2.4 Investigation Procedures for Releases Indicated by Environmental Conditions

2.4.1 Within 24 hours develop a plan and initiate an investigation within 7 Days to determine the presence or absence of a Release by:

2.4.1.1 Conducting an UST System tightness test in accordance with Part B, subsections 1.13 and 2.13, Part C, subsections 1.13 and 2.13 or Part D, subsection 1.13 as applicable; or

2.4.1.2 Measuring for the presence of a Release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations and measurement methods, the type of initial indication of contamination, type of backfill and soil, the depth of groundwater, and other factors appropriate for identifying the presence and source of the Release shall be considered; or

2.4.1.3 Additional UST system testing or sampling and analysis activities as directed by the Department.

2.4.2 If the Release investigation determines that a Release has occurred, Responsible Parties shall comply with the hydrogeologic investigation and Remedial Action requirements of Part E.

7 Del. Admin. Code § 1351-E-2.0

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