Section 33-24-05-109 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systemsA tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator shall satisfy the following requirements:
1.Cessation of use; prevent flow or addition of wastes. The owner or operator shall 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.Removal of waste from tank system or secondary containment system.a. If the release was from the tank system, the owner/operator shall, within twenty-four hours after detection of the leak or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, 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 in as timely a manner as is possible to prevent harm to human health and the environment.3.Containment of visible releases to the environment. The owner/operator shall immediately conduct a visual inspection of the release and, based upon that inspection: a. Prevent further migration of leak or spill to soils or surface water; andb. Remove, and properly dispose of, any visible contamination of the soil or surface water.4.Notifications, reports.a. Any release to the environment, except as provided in subdivision b , must be reported to the department within twenty-four hours of its detection. The release should also be reported pursuant to 40 CFR 302.b. A leak or spill of hazardous waste is exempted from the requirements of this subsection if it is: (1) Less than or equal to a quantity of one pound; and(2) Immediately contained and cleaned up.c. 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; and(5) Description of response actions taken or planned.5.Provision of secondary containment, repair, or closure.a. Unless the owner/operator satisfies the requirements of subdivisions b through d , the tank system must be closed in accordance with section 33-24-05-110.b. If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, 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 prior to returning the tank system to service.d. If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 33-24-05-106 before it can be returned to service unless the source of the leak is an aboveground portion of a leak system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of subsection 6 are satisfied. If a component is replaced to comply with the requirements of this subdivision, that component must satisfy the requirements for new tank systems or components in sections 33-24-05-105 and 33-24-05-106. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, (for example, the bottom of an inground or onground tank), the entire component must be provided with secondary containment in accordance with section 33-24-05-106 prior to being returned to use. 6.Certification of major repairs. If the owner/operator has repaired a tank system in accordance with subsection 5, and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification by a qualified professional engineer in accordance with subsection 4 of section 33-24-06-03 that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification must be placed in the operating record and maintained until closure of the facility.N.D. Admin Code 33-24-05-109
Effective January 1, 1984; amended effective December 1, 1988; July 1, 1997.Amended 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