N.M. Admin. Code § 20.5.118.1800

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.118.1800 - REPORTING OF SPILL OR RELEASE

A. Owners, operators, certified installers, certified junior installers, and testers shall give notice of any suspected or confirmed release from a storage tank system pursuant to 20.5.118.1801 or 20.5.118.1802 NMAC, or any spill or any other relevant emergency situation to the department by telephone within 24 hours. The owner, operator, certified installer, certified junior installer, or tester giving the notice shall provide the following items of information to the best of the owner's, operator's, certified installer's, certified junior installer's, or tester's knowledge:

(1) the name, address, and telephone number of the agent in charge of the site at which the storage tank system is located, as well as the name, address and telephone number of the owner and the operator of the storage tank system;

(2) the name, address, facility ID number, and owner ID number of the site at which the storage tank system is located, as listed on the tank registration certificate, and the location of the storage tank system on that site;

(3) the date, time, location and duration of the spill, release or suspected release;

(4) the source and cause of the spill, release or suspected release;

(5) the storage tank system description;

(6) a description of the spill, release or suspected release, including its chemical composition;

(7) the estimated volume of the spill, release or suspected release; and

(8) any actions taken to mitigate immediate damage from the spill, release or suspected release.

B. Owners and operators shall provide a seven-day report describing the spill, release or suspected release and any investigation or follow-up action to the department within seven days of the incident. The written report shall verify the prior oral notification as to each of the items of information listed in Subsection A of this section and provide any appropriate amendments to the information contained in the prior oral notification.

C. The department shall determine whether a release is a confirmed release based on the 24-hour and seven-day reports prepared in accordance with this section, 20.5.118.1801 NMAC and 20.5.18.1802 NMAC, monitoring results, system checks, the investigation performed in accordance with 20.5.18.1801 NMAC, and any other information available to the department. The department shall provide a written determination that a release is a confirmed release to all affected owners and operators, and shall state the basis for the determination.

[To provide notice to the department under Subsection A of this section, telephone the department staff person currently on duty. The petroleum storage tank bureau's pages on the department website provide the phone number and an optional incident reporting form.]

N.M. Admin. Code § 20.5.118.1800

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018