250 R.I. Code R. 250-RICR-140-25-1.14

Current through December 26, 2024

Section 250-RICR-140-25-1.14 - Leak and Spill Response

A. Applicability

1. These regulations shall apply to all new, existing, and abandoned tank facilities at which regulated substances and/or hazardous materials are stored underground as specified in §§ 1.4 and 1.5 of this Part.

B. General Requirements

1. All owners/operators of underground storage tank systems storing regulated substances or hazardous materials must report, investigate, and clean up any overfills, spills, leaks, or releases in accordance with this Part and any other applicable provisions of local, state and federal statutes, Rules and Regulations.

C. Investigation of Suspected Releases

1. All owners/operators must promptly investigate all suspected overfills, spills, leaks or releases, including, but not limited to, instances where:

a. Unusual operating conditions, release detection signals or environmental conditions at the site suggest a release may have occurred; and

b. Investigation is required by the Director to determine the source of a release.

c. The Director may require a Release Characterization Report when unusual operating conditions at a facility create reasonable suspicion of a leak or release and therefore warrant further investigation. All pertinent operation and maintenance records must be included in the report.

D. Reporting Requirements

1. During normal working hours reports of overfills, spills, leaks, or releases should be made to the DEM UST Section at (401)- 222-2797. At all other times, reports can be made to the DEM 24-hour Emergency Response Hotline at (401)- 222-3070.

2. All persons shall immediately report all confirmed and suspected leaks or releases from USTs to:

a. The Director;

b. The appropriate local fire official;

c. The local public water supplier, in the event a spill occurs in a public supply watershed or in a wellhead protection area for community water systems, non-transient non-community water systems, or transient non-community water systems.

3. Persons reporting leaks or releases to the Director shall provide the following information:

a. Name and phone number of person reporting the release;

b. Location of the release and name of the facility;

c. Date and time of the release;

d. Type, and to the extent known, the amount of material released;

e. Name and phone number of the potentially responsible party, if known.

4. UST and/or product pipeline tightness test results and secondary containment test results which are fail shall be reported to the Director by the tester immediately. The owner/operator must submit the failed test within seven days of the test date and submit a Release Characterization Report in accordance with § 1.14(G) of this Part.

a. USTs and Product pipelines that test as failed shall be subject to §§ 1.10(F) and 1.10(G) of this Part.

b. If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must investigate and remediate any releases in accordance with this Section.

E. Initial Abatement Actions

1. Unless directed by the Director to do otherwise, when a confirmed release from a UST system occurs, the owner/operator shall take the following actions:

a. All contents of the UST, UST system, and/or product piping shall be completely removed as soon as possible, and under no circumstances more than 24 hours after the discovery of the release.

b. Contain all regulated substances and contaminated debris and hazardous waste. Such materials shall be handled, stored and disposed of in accordance with the state Oil Pollution Control Regulations, Part 2 of this Subchapter, and other applicable state and federal statutes, Rules and Regulations;

c. Assess fire, health and safety hazards and take reasonable steps to mitigate any such hazards; local fire officials should be consulted, as conditions require;

d. Inspect any exposed releases and take steps to prevent the migration of any released regulated substance into the environment, including soils, groundwater or surface waters;

e. Investigate for the presence of free product and, if present, initiate free product removal consistent with § 1.14(F) of this Part; and

f. Carry out other actions as directed by the Director pursuant to Oil Pollution Control Regulations, Part 2 of this Subchapter, or other local, state and federal statutes, Rules and Regulations.

F. Free Product Removal

1. At sites where free product is present, the owner/operator shall remove the free product in a manner that minimizes the spread of contamination.

2. Discharges and by-products from free product recovery and disposal operations shall be treated or disposed of in compliance with all applicable state and federal statutes, Rules and Regulations.

3. Free product removal systems shall be designed to maximize the removal of free product.

4. Documentation of all free product removal measures shall be submitted to the Director with the Release Characterization Report and Site Investigation Report as required pursuant to §§ 1.14(G) and (H) of this Part respectively, and shall contain the following information:

a. Names of persons implementing the free product removal measures;

b. Estimated quantity, type and thickness of free product observed or measured;

c. Type of system used to remove free product;

d. Locations of any discharges associated with free product recovery activities;

e. Type of treatment applied to any water pumped for the purpose of free product removal; and

f. Disposition of recovered free product.

G. Release Characterization Report

1. Within seven days after confirmation of a leak or release or a failed tank and/or product pipeline tightness test, the owners/operators shall submit a Release Characterization Report to the Director summarizing the events related to the leak or release from a UST or UST system and describing the results of initial abatement steps. Such report shall include:

a. Data on the nature and estimated quantity of the release;

b. Data from available sources and site investigations concerning these factors:

(1) Surrounding populations;

(2) Water quality;

(3) Use and approximate locations of wells potentially affected by the release;

(4) Subsurface soil conditions;

(5) Locations of subsurface sanitary sewers and stormwater lines;

(6) Climatological conditions, where pertinent; and

(7) Land use;

c. Names, addresses, and plat and lot numbers of the owners of all properties that abut the facility;

d. All pertinent data obtained from actions taken as Initial Abatement Actions pursuant to § 1.14(E) of this Part;

e. Name and address of the facility.

2. A Release Characterization Report is not required when the release is documented in a Closure Assessment Report prepared and submitted to the Director in accordance with § 1.15(D)(10) of this Part.

H. Site Investigation

1. The purpose of the Site Investigation and the preparation of a Site Investigation Report shall be to determine the presence of, and/or define the nature, degree and extent of contamination and identify threats to the public health and environment.

2. Upon completion and submittal of a Release Characterization Report or Closure Assessment Report, owners/operators shall conduct a full investigation of the release and the on-site and off-site areas known or potentially affected by the release. The Director may waive the requirement to conduct a full site investigation when the initial Release Characterization Report or Closure Assessment Report establishes, to the satisfaction of the Director, that there is no present or potential groundwater or surface water adverse impact from the release. The Director may require additional information or investigation before deciding whether to waive the requirement for a full site investigation.

3. A Site Investigation shall be conducted and a Site Investigation Report submitted under the following additional circumstances unless otherwise exempted by the Director:

a. An inspection of a UST system or facility revealed violations of this Part which resulted in the release of the contained substances; or

b. Other evidence of a leak or release exists, including but not limited to failed tank or line tightness tests or perforated or highly corroded tanks or piping; or

c. A facility has been abandoned as defined by § 1.5(A)(1) of this Part or does not meet the operational and testing requirements discussed in § 1.10 of this Part; or

d. At the discretion of the Director.

4. The party performing the Site Investigation shall submit a proposed scope of work to DEM within 30 days, which must be approved prior to commencing any on-site work to ensure it meets the requirements of the project. Any Site Investigation Report submitted without prior approval of a scope of work may be rejected by DEM as unsatisfactory.

5. The Site Investigation and Site Investigation Report, along with all associated field work, must be conducted by, or under the direction of, a licensed Professional Engineer, Certified Professional Geologist, or Registered Professional Geologist.

6. The owner/operator shall submit the results of a Site Investigation to the Department within 60 days of notification by the Director that a Site Investigation Report is required, or within an alternate deadline approved by the Director, in the format of a Site Investigation Report pursuant to § 1.14(H)(7) of this Part.

7. The Site Investigation Report shall include, but not be limited to, the following information:

a. A location map showing the street address and the latitude/longitude of the subject site underlain on either a topographic map or aerial photo;

b. A description of past and present activities on the site, including a list of past owners and operators of the site and the approximate time periods of their ownership and operation;

c. A compliance history of the site including, but not limited to, any and all past environmental enforcement actions and documentation of any past releases, repairs and leak detection results;

d. A site plan, drawn to scale, showing the location and the immediately surrounding area, and identifying the following items:

(1) Property boundaries;

(2) Buildings and other structures;

(3) Roads;

(4) Surface topography;

(5) Surface water courses and wetlands;

(6) Public and private water wells;

(7) Groundwater monitoring wells;

(8) Public sewer and water lines;

(9) Individual sewage disposal systems and other waste disposal areas;

(10) Present and former locations of USTs and associated piping;

(11) Dry wells; and

(12) Locations of soil borings, test pits or piezometers;

e. A description of the site's hydrogeology, including, but not limited to:

(1) Depth to groundwater and groundwater elevations, including water table contour map, where applicable;

(2) Groundwater flow direction;

(3) Description of the unconsolidated materials (in both the unsaturated and saturated zones), including permeability, porosity, degree of stratification, and the capacity for contaminant attenuation;

(4) Depth to bedrock and bedrock characteristics;

(5) Aquifer characteristics including saturated thickness, hydraulic conductivity, and transmissivity; and

(6) The presence and effects of both natural and man-made barriers to and conduits for contaminant migration.

f. A description of the area surrounding the site and identification of all human and environmental receptors, including, but not limited to:

(1) The location of properties served by private wells;

(2) The location of public wells;

(3) Which wells would be potential contaminant receptors; and

(4) The classification of groundwater and surface waters surrounding the site;

g. The nature, degree and extent of contamination, including free product, groundwater, soil, and vapor; including isopleth maps of contaminants, where applicable;

h. The results of any analytical testing of groundwater or soil on the site, including identification of methods used and sampling protocols;

i. A minimum of three groundwater monitoring wells located so that the groundwater flow direction and the nature, degree and extent of contamination from leaks and releases from USTs can be determined. Monitoring wells shall be installed in accordance with RI DEM "Groundwater Quality Rules." The following information must be included:

(1) Boring logs and well completion information;

(2) Well development and sampling procedures;

(3) Results of field screening and laboratory analysis of soil and groundwater samples; and

(4) Well gauging information;

j. Any other factors necessary for or that contribute to an adequate site characterization;

k. Conclusions and recommendations, including;

(1) A description of the source or potential sources(s) of the contamination;

(2) A description of the current extent of contamination in the soil and groundwater, as well as in surface water, and the presence of vapors;

(3) Identification of potential receptors; and

(4) Recommendations for further investigation and corrective action or a statement that no further action is required.

l. The Site Investigation Report shall include the following signed statements:

(1) A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the report or who directly supervised preparation of the report, certifying the accuracy of the information contained in the report; and

(2) A statement signed by the responsible party and/or owner/operator responsible for the preparation and submittal of the report certifying that the report is a complete and accurate representation, and that it includes all known facts about the discharge or release that has resulted, or may result, in the exceedance of a groundwater quality standard.

8. Additional Information

a. Upon review of the Site Investigation Report for completeness and accuracy, the Director may require the collection and submission of additional information where a Site Investigation Report is found to be incomplete or deficient or does not provide sufficient data to identify the extent of a contamination plume. The Director may require the following:

(1) The installation and monitoring of groundwater monitoring wells sufficient to accurately characterize the release.

(2) The sampling of nearby public and private drinking water wells.

(3) Groundwater monitoring on a periodic schedule.

(4) Any other necessary information to complete the report.

b. Any required additional information shall be submitted within a time frame specified by the Director.

9. No Further Action

a. The Director may issue a letter requiring no further action upon review of the Site Investigation Report when:

(1) The contaminant concentrations are found to be below applicable standards;

(2) No threat to human health or the environment exists;

(3) The Site Investigation Report concludes and/or recommends that no further action is needed based on the results of the investigation; and

(4) The report is found to be complete and accurate to the satisfaction of the Director.

I. Corrective Action

1. The purpose of Corrective Action and the preparation of a Corrective Action Plan shall be to protect the public health and environment in a manner acceptable to the Director.

2. Based upon the Site Investigation Report or other data, the Director shall require owners/operators to develop and submit a Corrective Action Plan within 90 days, or within an alternate time frame approved by the Director, to address contaminated soils or groundwater or other related environmental or public health impacts. The Director may waive the requirement to prepare a Corrective Action Plan when the Site Investigation Report or other data establishes, to the satisfaction of the Director, that there is no present or potential groundwater or surface water adverse impact from the release. The Director may require additional information before deciding whether to waive the requirement for a Corrective Action Plan.

3. The party performing the Corrective Action shall submit a proposed scope of work to DEM within 30 days, which must be approved prior to commencing any on-site work to ensure it meets the requirements of the project. Any Corrective Action Plan submitted without prior approval of a scope of work may be rejected by DEM as unsatisfactory.

4. Contents of Corrective Action Plan - A Corrective Action Plan shall, at minimum, consist of the following:

a. A summary of findings from the Site Investigation Report, including but not limited to:

(1) Impacts and potential impacts to receptors such as groundwater, surface water, public and private wells, environmentally sensitive areas, buildings and basements;

(2) All data from testing of all environmental media including soil, water and air, site geology and hydrogeology; and

(3) Any additional information the Director may require;

b. A description of the proposed method for remediation, including, but not limited to, the following:

(1) Justification of the ability of the chosen remedial method(s) to meet the remediation objectives within a time frame acceptable to the Director;

(2) Detailed design plans including equipment specifications, piping routes, process flow diagrams, instrumentation, and any other information necessary to fully describe the remedial system. Engineered remedial systems must be signed and stamped by a registered professional engineer.

(3) Proposed plans for the disposal of any products or byproducts from the remediation activities;

c. Aquifer testing and/or pilot testing specific to the remediation technology is required in a Corrective Action Plan. Aquifer and/or pilot testing can be waived only in writing by the Director.

d. A proposed schedule for implementation of the corrective action plan;

e. Proposed methods of public notification;

f. A proposed groundwater monitoring program including the monitoring wells to be sampled, frequency of sampling, analyses to be conducted and well gauging, and a proposed frequency of reporting to the Director;

g. Any other information necessary to support the proposed remedial action.

h. The Corrective Action Plan shall include the following signed statements:

(1) A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the plan or who directly supervised preparation of the plan, certifying the accuracy of the information contained in the plan; and

(2) A statement signed by the facility responsible party and/or owner/operator responsible for the preparation and submittal of the Corrective Action Plan, certifying that the plan is complete and accurate.

5. Approval of Corrective Action Plans - The Director shall approve, approve with conditions or reject Corrective Action Plans based upon the following criteria:

a. The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

b. The hydrogeologic characteristics of the facility and the surrounding area;

c. The proximity, quality, and current and future uses of nearby surface water and groundwater;

d. The potential effects of residual contamination on nearby surface water and groundwater;

e. Reliability and technical feasibility of the proposed corrective action technologies as to their potential to achieve contamination removal, within a time frame acceptable to the Director; and

f. Completeness and accuracy of the information submitted in the Corrective Action Plan.

6. Orders of Approval

a. Upon approval of the Corrective Action Plan, the Director may issue an Order of Approval governing the Corrective Action Plan consistent with § 1.14 of this Part, and RI DEM "Groundwater Quality Rules." Owners/operators shall implement the plan in accordance with the provisions of the Order of Approval, and any conditions, established by the Director contained therein. The Order of Approval shall include, where applicable:

(1) Specific reference to the Corrective Action Plan;

(2) A schedule for implementation including installation and start up;

(3) Contingencies for potential additional necessary actions or other necessary modifications;

(4) A schedule for groundwater monitoring;

(5) A schedule for system inspections;

(6) A schedule for submission of status reports;

(7) Any other reporting obligations to the Director such as system shutdown; and

(8) Any other site specific requirements.

b. The Director, at his/her discretion, may issue an interim letter of approval to allow a specified time frame for the generation of additional information about the proposed corrective action, including, but not limited to, pilot testing or a trial period of operation of the remedial system.

c. The Director, at his/her discretion, may approve a Corrective Action Plan in a letter of approval for proposed remedial actions that are limited in duration or complexity, including, but not limited to, soil removal, monitored natural attenuation or enhanced natural attenuation.

d. Interim Corrective Action Prior to Issuance of Orders of Approval -Owners and operators may begin cleanup of soil and groundwater before the Corrective Action Plan is approved provided that they:

(1) Notify the Director of their intention to begin cleanup;

(2) Comply with any conditions imposed by the Director, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(3) Incorporate these self-initiated cleanup measures in the Corrective Action Plan that is submitted to the Director for approval.

7. Public Notification

a. The Director shall provide notice to the town or municipality and/or public of approved Corrective Action Plans, and may require the responsible party to provide wider notice by block advertisement, legal advertisement, or letters to individual property owners.

b. The Director shall provide notice to the town or municipality and/or public of consideration to terminate an Order of Approval in the event that the Corrective Action Plan referenced in the order does not achieve the established clean up levels originally required.

8. Recording of Orders of Approval

a. Orders of Approval relating to Corrective Action Plans shall be recorded in the municipal land evidence records by the owner and operator of the facility within 10 days of issuance by the Director and documentation of the recording shall be submitted to the Director by the owner and operator within 10 days of the recording.

9. Additional Information

a. Upon review of the Corrective Action for completeness and accuracy, the Director may require the collection and submission of additional information where a Corrective Action is found to be incomplete or deficient or does not achieve established cleanup standards. The Director may require the following:

(1) The installation and monitoring of groundwater monitoring wells sufficient to accurately characterize the release.

(2) The sampling of nearby public and private drinking water wells.

(3) Groundwater monitoring on a periodic schedule.

(4) Any additional information required to complete the cleanup.

b. Any required additional information shall be submitted within a time frame specified by the Director.

10. No Further Action

a. The Director may issue a no further action letter upon completion of the corrective action where:

(1) The status reports have been submitted in accordance with the approved schedule, were found to be complete and accurate, and demonstrate that the contaminant concentrations are at or below applicable standards; or

(2) The threat to human health and the environment has been eliminated or reduced to the satisfaction of the Director.

J. Report Submittals

1. All reports submitted to the Department per the requirements of this Section must be submitted in both hardcopy and electronic format (as specified by the Department).

250 R.I. Code R. 250-RICR-140-25-1.14

Amanded effective 11/20/2018