Statutes, codes, and regulations
Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITYPart XI - Underground Storage Tanks
Chapter 7 - Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response
Section XI-711 - Release Investigation and Confirmation Steps

La. Admin. Code tit. 33 § XI-711

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Current through Register Vol. 50, No. 11, November 20, 2024
Section XI-711 - Release Investigation and Confirmation Steps
A. Unless corrective action is initiated in accordance with LAC 33:XI.715, owners and operators shall immediately investigate and confirm all suspected releases of regulated substances requiring reporting under LAC 33:XI.707, using either the following steps or another procedure approved in writing by the department, within the timeframe specified in the following steps.
1. System Test
a. Within seven days after obtaining knowledge of any of the conditions listed in LAC 33:XI.707 that a release is suspected or requires reporting, or another reasonable period of time determined by the department in writing, owners and operators shall conduct tests according to the requirements for tightness testing in LAC 33:XI.701.A.3 and B.2, or as appropriate, secondary containment testing described in LAC 33:XI.507.A.5.
i. The test shall determine whether:
(a). a leak exists in that portion of the tank that routinely contains product or the attached delivery piping or both; or
(b). a breach of either wall of the secondary containment has occurred.
ii. If the system test confirms a leak into the interstice or a release, owners and operators shall repair, replace, upgrade, or permanently close the UST system. In addition, owners and operators shall begin corrective action in accordance with LAC 33:XI.715 if the test results for the system, tank, or delivery piping indicate that a release exists.

Failed UST systems may be placed into temporary closure if all of the following conditions are met:

(a). failed tanks or their associated piping shall be in the same tank hold as other active or temporarily closed tanks;
(b). site check and/or corrective actions as described in LAC 33:XI.711.A.2 and/or 715.C.1.e shall be conducted;
(c). all product has been removed from the tank and the tank has been cleaned of any residual product and bottom sludge;
(d). the affected tank fill ports are padlocked;
(e). all product piping is disconnected from the tank; and
(f). the tank is prohibited from delivery (red tagged) by the department until the failed tank or piping is repaired, replaced, or permanently closed.
iii. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.
iv. Owners and operators shall either conduct a site check as described in Paragraph 2 of this Subsection or begin corrective action in accordance with LAC 33:XI.715 if the test results for the system, tank, and delivery piping do not indicate that a release exists, but environmental contamination is the basis for suspecting a release.
2. Site Check. Owners and operators shall measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators shall consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. Within 20 days after the suspected release notification, or another reasonable period of time determined by the department in writing, owners and operators shall submit a report to the Office of Environmental Assessment summarizing the results of the site check and any resulting information or data. They shall then proceed as follows.
a. If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators shall begin corrective action in accordance with LAC 33:XI.715.
b. If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.

La. Admin. Code tit. 33, § XI-711

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 the Secretary, Legal Affairs and Criminal Investigations Division, LR 441614 (9/1/2018).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.