A hazardous substance release in any amount which enters, or threatens to enter, waters of the state shall be reported, contained, removed, and disposed of in accordance with these regulations.
(a) Any person owning or having control over oil or a hazardous substance which, after release, enters, or threatens to enter, waters of the state shall: - (i) immediately take appropriate action to stop and contain the release.
- (ii) Immediately notify the division of the type, quantity, and location of the release, and of the response, containment, and cleanup actions which have been taken or are proposed to be taken.
- (A) The following releases are not required to be reported to the division provided the release does not physically enter waters of the state, and it is immediately contained, removed, and disposed of in accordance with departmental regulations:
- (I) Ten barrels (420 gallons) or less of crude oil, petroleum condensate, produced water, or a combination thereof;
- (II) Twenty-five (25) gallons or less of refined crude oil products, including but not limited to, gasoline, diesel motor fuel, aviation fuel, asphalt, road oil, kerosene, fuel oil, and derivatives of mineral, animal, or vegetable oils.
- (iii) Immediately proceed to correct the cause of the release.
- (iv) Within seven (7) days following a release, submit a complete written report to the division describing the reportable release and steps taken to prevent a recurrence.
(b) Cleanup of oil or hazardous substance releases shall proceed in a timely and diligent manner. Satisfactory cleanup of an oil or hazardous substance release will be achieved when one, or both, of the following cleanup criteria have been met: - (i) Oil releases shall not be present in, or threaten, waters of the state in amounts which would cause any one of the following conditions:
- (A) Oil and grease content to exceed 10 mg/l;
- (B) Visible deposits on the bottom or shoreline, or
- (C) Damage or impairment of the normal growth, function, or reproduction of human, animal, plant, or aquatic life.
- (ii) Hazardous substances shall not be present in, or threaten, waters of the state in concentrations or combinations which, as determined by the administrator, would damage or impair the normal growth, function, or reproduction of human, animal, plant, or aquatic life, or impair the beneficial use of any waters of the state.
(c) Except in cases where extreme fire danger, or unique hazardous circumstances exist, physical removal of the released oil or hazardous substance may be required, as deemed necessary by the administrator.