Section 33-24-08-52 - Initial abatement measures and site check1. Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures: a. Remove as much of the regulated substance from the underground storage tank system as is necessary to prevent further release to the environment; b. Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and ground water; c. Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the underground storage tank excavation zone and entered into subsurface structures (such as sewers or basements); d. Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements; e. Measure for the presence of a release where contamination is most likely to be present at the underground storage tank site, unless the presence and source of the release have been confirmed in accordance with the site check required by subsection 2 of section 33-24-08-42 or the closure site assessment of subsection 1 of section 33-24-08-62. In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to ground water, and other factors as appropriate for identifying the presence and source of the release; and f. Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with section 33-24-08-54. 2. Within twenty days after release confirmation, or within another reasonable period of time determined by the department, owners and operators must submit a report to the department summarizing the initial abatement steps taken under subsection 1 and any resulting information or data. N.D. Admin Code 33-24-08-52
Effective December 1, 1989.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1