Owners and operators of UST systems must report suspected releases to the Department immediately upon discovery but in no case later than 24 hours following discovery, and follow the procedures in rule 335-6-15-.22 for any of the conditions identified in subparagraphs (a) through (c)of this rule.
(a) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area including but not limited to the presence of free or dissolved product or vapors in soils, groundwater, basements, sewer and utility lines, nearby surface water or a well contaminated with a regulated substance.(b) Unusual operating conditions observed by owners and operators (including but not limited to the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an unexplained presence of water in the underground storage tank, or liquid in the interstitial space of secondarily contained systems), unless: 1. The UST system equipment or component is found not to be releasing regulated substances to the environment;2. Any defective UST system equipment or component is immediately repaired or replaced; and3. For secondarily contained UST systems, except as provided for in rule 335-6-15-.17(g)2.(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.(c) Monitoring results, including investigation of an alarm, from a release detection method required under rules 335-6-15-.15 and 335-6-15-.16 that indicate a release may have occurred unless: 1. The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial results;2. The leak is contained in the secondary containment; and (i) Except as provided for in rule 335-6-15-.17(g)2.(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed, and(ii) Any defective system equipment or component is immediately repaired or replaced;3. In the case of inventory control described in rule 335-6-15-.17(a), where the amount of calculated loss or gain for the previous 30 day period is less than or equal to 1.0 percent of 30 day flow-through plus 130 gallons or the investigation determines no release has occurred; or4. The alarm was investigated and determined to be a non-release event (for example, from a power surge or caused by filling the underground storage tank during release detection testing).Ala. Admin. Code r. 335-6-15-.20
Effective April 5, 1989. Amended: Filed December 12, 2011; effective January 16, 2012.Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 12/8/2017.Authors: Sonja Massey, Curt Johnson, Lee Davis
Statutory Authority:Code of Ala. 1975, § 22-36-3.