La. Admin. Code tit. 33 § XI-707

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-707 - Reporting of Suspected Releases

A. All owners, operators, employees, agents, contractors, or assigns having knowledge of any of the conditions listed below shall notify the Office of Environmental Assessment in the manner provided in LAC 33:I.3923 within 24 hours after becoming aware of the occurrence or, if they have knowledge of an emergency condition, shall report it immediately in accordance with LAC 33:I.Chapter 39. Owners and operators of UST systems shall follow the procedures specified in LAC 33:XI.711 after discovery of any of the following conditions.

1. Released regulated substances are discovered at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, UST system backfill, basements, sewer and utility lines, or nearby surface water).

2. Unusual operating conditions are observed (such as the erratic behavior of product-dispensing equipment caused by line leak detector restricting product flow, the sudden loss of product from the UST system, an unexplained presence of water in the tank, or liquid (e.g., product or water) in the interstitial space of secondarily contained systems), unless:

a. the system equipment or component is found not to be releasing regulated substances to the environment;

b. any defective equipment or component is immediately repaired or replaced;

c. for secondarily contained systems conducting interstitial monitoring:

i. except as provided for in LAC 33:XI.701.A.6.b.iv, any water in the interstitial space not used as part of the interstitial monitoring method (e.g., brine filled) is immediately removed; or

ii. if it is verified within 24 hours that the water is from surface water intrusion (e.g., the water intrusion occurred during a heavy rain event). Water shall be removed prior to the next scheduled release detection monitoring event (within 30 days or less).

3. Monitoring results, including investigation of alarms from a release detection method required under LAC 33:XI.703.B and C and LAC 33:XI.803.D indicate that a release may have occurred, unless:

a. the monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced, and additional monitoring conducted within 24 hours does not confirm the initial result;

b. the leak is contained in the secondary containment and:

i. any product resulting from dispenser leaks or spills that is contained in secondary containment sumps is immediately removed upon discovery;

ii. except as provided for in LAC 33:XI.701.A.6.b.iv, any water in the interstitial space not used as part of the interstitial monitoring method (e.g., brine filled) is immediately removed;

iii. any defective equipment or component is immediately repaired or replaced; or

iv. it is verified within 24 hours that the liquid is from surface water intrusion (e.g., the water intrusion happened during a heavy rain event). Water shall be removed prior to the next scheduled release detection monitoring event (within 30 days or less);

c. in the case of inventory control, described in LAC 33:XI.701.A.1, a second month of data does not confirm the initial result; or

d. the alarm was investigated and determined to be a nonrelease event (e.g., from a power surge or caused by filling a tank during release detection testing).

La. Admin. Code tit. 33, § XI-707

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2559 (November 2000), LR 30:1677 (August 2004), amended by the Office of Environmental Assessment, LR 31:1073 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 34:74 (January 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441613 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.