Section 18 AAC 78.212 - Reporting and cleanup of spills and overfills The owner or operator of a UST must contain and immediately clean up a spill or overfill, report to the department, and begin corrective action in accordance with 18 AAC 78.220 - 18 AAC 78.280,
(1) as soon as the person has knowledge of a release that is known or suspected to be 55 gallons or more;(2) not later than 24 hours after the person has discovered soil or water contamination, by direct observation, through site characterization or assessment under 18 AAC 78.090, or through any other means, of (A) a belowground release from the UST in any amount;(B) an aboveground release to land in excess of 10 gallons; or(C) an aboveground release to water of the state if the release causes a sheen or discoloration of the water surface; and(3) not later than seven days after discovering a release of less than 10 gallons to land, or a release of less than one-half pint to water. 18 AAC 78.220. Initial response. (a) Upon confirmation of a release in accordance with 18 AAC 78.210 or after a release from the UST is identified in any other manner, the owner or operator of a UST shall report the release as specified under 18 AAC 78.212 and perform the following initial response actions not later than 24 hours after discovery of a release: (1) the owner or operator shall take immediate action to prevent any further release of the petroleum into the environment, including removal of the petroleum from the UST if removal is necessary to meet the requirements of this paragraph; and(2) the owner or operator shall identify and mitigate any fire, explosion, or vapor hazard.(b) Unless directed to do otherwise by the department, the owner or operator shall conduct initial abatement, release investigation, and corrective action as required under 18 AAC 78.230- ISAAC 78.270. Register 136; am 1/22/99, 18 AAC 78.230. Initial abatement measures and site assessment. Unless directed in writing by the department to do otherwise, the owner or operator of a UST with a release of petroleum confirmed in accordance with 18 AAC 78.210 shall perform the following abatement and containment measures after meeting the requirements of 18 AAC 78.220: (1) the owner or operator shall cease using the system and remove the petroleum from the UST not later than seven days after the release to prevent further release of petroleum to the environment, unless the petroleum has already been removed in accordance with 18 A AC 78.220(a)(1); the UST may not be refilled until the system is repaired, replaced, or upgraded so that a further release cannot occur;(2) the owner or operator shall visually inspect any aboveground release or exposed belowground release and prevent further migration of petroleum into surrounding soils and groundwater;(3) the owner or operator shall continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures, including basements, sewers, and utility lines; (4) the owner or operator shall properly stockpile excavated contaminated soils to prevent water run-on and run-off in accordance with 18 AAC 78.274 and remedy a hazard posed by contaminated soils that are excavated or exposed as a result of release confirmation, site characterization, site assessment, abatement, or corrective action activities; if these remedies include treatment, stockpiling, or disposal of contaminated soils, the owner or operator shall use a method that the department determines will adequately protect human health and safety, and the environment].(5) the owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site assessment required under 18 AAC 78.210(c) or the closure site characterization or assessment under 18 AAC 78,090; in selecting sample types, sample locations, and measurement methods, the owner or operator must consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release; and(6) the owner or operator shall investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with 18 AAC 78.240Eff. 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
AS 46.03.755