Section 096-695-10 - Leak or Discharge Reporting, Removal, Investigation and MediationA.Evidence of a Leak or Discharge(1) Leak Detection Systems Evidence (a) A positive analysis for the stored hazardous substance in the interstitial space of a double wall tank or piping system;(b) Any sheen or other visual or olfactory evidence of the hazardous substance in the interstitial space of a double wall tank or piping system;(c) Any unexplained loss or gain of .5 percent of the through put of each storage system over a 30 day period, as indicted by the recording and reconciliation of daily inventory records;(d) Failure of a hydrostatic piping test, as defined in Section 4(W), which indicates a pressure drop of more than 5 psig per minute. Hydrostatic piping tests shall be performed in accordance with the requirements of Appendix D.(e) Failure of a precision test as defined in Section 4(LL) which indicates a loss or gain of greater than .05 gallons/hour;(f) Unexplained losses detected through a statistical analysis of inventory records or an indication in the statistical inventory analysis that the inventory data provided were insufficient to perform an accurate analysis;(g) The excessive accumulation of water in a tank or interstitial space, evidenced by a rise in water level of greater than 112 inch for an 8 to 12 hour period;(h) Loss of pressure in a remote pumping system equipped with a line leak detection device;(i) Pump hesitation, vibration, meter skipping or air elimination, attributable to a loss of prime for product lines which operate under a suction system; or(j) The sounding of any audible alarms associated with electronic monitoring devices.(2) Environmental Evidence (a) A positive analysis for the presently or previously stored hazardous substance in a monitoring well or private or public drinking water supply.(b) Any sheen or other visual or olfactory evidence of a presently or previously stored hazardous substance in a monitoring well or private or public drinking water well.(c) The presence of free or dissolved product of any presently or previously stored hazardous substance or its vapors on site or off site in the soil, groundwater, surface water, sewer lines, utility lines, water supply liner, basements, crawl spaces or on the ground surface.(3) Any other combination of unusual operating conditions and/or release detection signals and/or environmental conditions on or offsite which suggest that a release of a hazardous substance may have occurred.B.Leak Investigation and Confirmation Requirements(1) Immediately upon discovery and reporting of evidence of a leak, the owner or operator must undertake an investigation to confirm or rule out the presence of a leak within 7 days in accordance with one or more of the following: (a) A leak is confirmed if interstitial leak detection equipment indicates a leak. Leak detection equipment may be tested, calibrated, repaired or replaced to ensure that it is operating properly prior to testing of the tank or facility for confirmation of a leak. Any testing, calibration, repair or replacement of leak detection equipment must take place within 48 hours of the initial leak indication or the Department may require precision testing, excavation of the tank. piping or facility, or other appropriate testing.(b) A leak is confirmed if a precision test of the tank and piping conducted separately and in accordance with all manufacturer's recommended procedures by a technician currently certified by the manufacturer indicates a leak. The precision test results must be reviewed and approved by the Department. If precision testing is not technologically feasible then alternative testing methods may be used if approved by the Department.(c) A leak is confirmed if, upon excavation of the tank/and or piping, visual inspection or the testing approved by the Department indicates the presence of a leak.(2) If any environmental evidence of a leak is present on or off site whether or not a leak to the environment from a facility is confirmed in accordance with the requirements of Section 10(B)(1), the owner or operator must complete a site assessment in accordance with the requirements of Appendix G and submit a report to the Department within 45 days of discovery of evidence of a leak. The environmental contamination may he due to a hazardous substance presently or previously stored at the facility.(3) If a leak is confirmed in the inner and outer walls of a double wall facility or the wall of a single wall facility and environmental evidence of the leak has not been discovered the owner or operator must complete a site assessment in accordance with Appendix G and submit a report to the Department within 45 days.(4) Further investigation is not required and a leak is not considered to be present if not confirmed In accordance with Section 10(B)(1) and if no environmental evidence of a leak is present.C. Reporting, Removal, and Initial Abatement Requirements(1) Any person who discovers contaminated soil or water or other evidence of a leak or discharge of any amount of a hazardous substance is required to report the contamination to the Department of Public Safety (State Police) as soon as possible but not later than 24 hours after the discovery has occurred. NOTE: To report a spill call the 24 hour toll free number 1-800-452-4664. A spill that exceeds its reportable quantity under 40 CFR Part 302 must be reported immediately to the National Response Center at 1-800-424-8802 as well as appropriate state and local authorities.
(2) A tank owner or operator shall report to the Department as soon as possible but no later than within 24 hours any evidence of a possible leak or discharge of any amount of a hazardous substance from its primary container, including but not limited to those types of evidence listed in Section 10(A).(3) The Department, at its discretion. may order complete removal of all product from a facility or portion of a facility upon receiving evidence of a leak from the facility or portion of a facility.(4) All product must immediately be removed in a manner protective of public health, safety, welfare and the environment from any facility or portion of a facility in which a leak has been confirmed. No hazardous or non hazardous substance may be introduced until the facility has been repaired or replaced in accordance with this rule.(5) Any person discharging or suffering the discharge by a surface spill or a leak confirmed in accordance with section 10(c) of a hazardous substance into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond. river. stream. sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto any lands of the state shall immediately do the following: (a) Take appropriate action to prevent further releases to the environment, including removal of product from the facility or portion of the facility where the leak is or may be present.' Estimate by appropriate measurements and investigation of the amount of hazardous substance leaked to the environment.(b) Identify and mitigate any fire. explosion, vapor or other environmental or public health and safety hazards; and(c) Remove the discharge to the Department's satisfaction including free product recovery and removal or clean up of contaminated soil in a manner protective of public health, safety, welfare and the environment.(d) Identify and notify any other persons on site or off site, whose health and safety might in the future be threatened by migration of contamination in the form of vapors, free product or dissolved contamination. In particular, the owner or operator should evaluate the potential for explosive or toxic vapors to move into utility lines, basements, etc. and the potential for contamination of public and private drinking water supplies.(6) Within 20 days of discovery or confirmation of the leak or discharge submit a written report to the Department describing completed, proposed, and in progress actions to meet the requirements of Section 10(C)(5). If free product removal is necessary the report should include the information required in section 10(D)(2)(c).D. Requirements for Remedial Action(1) Following a site assessment done in accordance with Appendix G that documents environmental contamination, the owner or operator of the facility must undertake remedial action. The remedial action must commence within 90 days following confirmation of the leak or discovery of environmental contamination unless a longer time period is allowed by the Department due to seasonal construction limitations.(2) At sites where the site assessment indicates the presence of free product in the environment the owner or operator must remove the free product to the maximum extent practicable as determined by the Department in accordance with the following requirements: (a) Free product should be removed in a manner that minimizes the spread of free product or dissolved contamination and that properly treats. disposes of, or discharges recovered byproducts.(b) Abatement of free product migration must be the minimum objective of the free product removal system.(c) Provide the following information in a report to the Department within 20 days of initiating free product removal. (i) The name of the person responsible for implementing the free product removal measure;(ii) The estimated quantity, type and thickness of free product observed or measured in wells, boreholes and excavations;(iii) The type of free product recovery system used;(iv) The location of any discharges and whether they will be offsite or on site;(v) The type of treatment applied to any discharge and the estimated contaminant concentration in any discharge.(vi) The steps that have been or are being taken to obtain the necessary permits for any discharge; and(vii) The disposition of the recovered free product.(3) The owner or operator must provide the Department with bimonthly reports on the current status of the remedial action program until the program has been completed to the satisfaction of the Department or until an alternative reporting schedule has been approved by the Department.(4) The Department may require changes in the remediation program based on changes in site conditions, the effectiveness or lack thereof of currently operating remedial methods or the availability of new information, methods or technologies.(5) The department will provide public notice for all releases, except those requiring immediate action to protect public health, safety, welfare and the environment, that require remedial action including making available to the general public for inspection site assessment reports and remedial action recommendations. All such reports and recommendations will be available at the Department headquarters in Augusta, the appropriate Department field office, and in the town office of the town or towns where the release has occurred and/or migrated. Notice will also be published in appropriate regional and/or local newspapers. Any significant changes after approval of the remedial action plan including changes in clean up levels will be given the same public notice. The Department may. at its discretion, hold a public meeting for any site that requires remedial action.06- 096 C.M.R. ch. 695, § 10