Section 33-24-05-1110 - Response to leaks or spillsA tank system or secondary containment system from which there has been a leak or spill, or if either system is unfit for use, the owner or operator must remove the system from service immediately, and must satisfy the following requirements:
1. Immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.2. Remove the waste from the tank system or secondary containment system. a. If the release was from the tank system, the owner or operator must, within twenty-four hours after detecting the leak, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.b. If the material released was to a secondary containment system, all released materials must be removed within twenty-four hours or as quickly as possible to prevent harm to human health and the environment.3. Immediately conduct a visual inspection of the release and, based upon that inspection: a. Prevent further migration of the leak or spill to soils or surface water.b. Remove, and properly dispose of, any visible contamination of the soil or surface water.4. Report any release to the environment, except as provided in subdivision a, to the department within twenty-four hours of its detection. The release should also be reported pursuant to 40 CFR part 302.a. A leak or spill of hazardous waste is exempted from this subsection if it is: (1) Less than or equal to a quantity of one pound; and(2) Immediately contained and cleaned up.b. Within thirty days of detection of a release to the environment, a report containing the following information must be submitted to the department: (1) Likely route of migration of the release.(2) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).(3) Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within thirty days, these data must be submitted to the department as soon as they become available.(4) Proximity to downgradient drinking water, surface water, and populated areas.(5) Description of response actions taken or planned.5. Either close the system or make necessary repairs. a. Unless the owner or operator satisfies the requirements of subdivisions b and c, the tank system must be closed according to section 33-24-05-1111.b. If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and any necessary repairs are made.c. If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired before returning the tank system to service.6. If the owner or operator has made extensive repairs to a tank system in accordance with subsection 5 (for example, installation of an internal liner, repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with subsection 4 of section 33-24-06-03. a. The engineer must certify that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.b. This certification must be submitted to the department within seven days after returning the tank system to use.N.D. Admin Code 33-24-05-1110
Adopted by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05