Section Env-Or 406.04 - Unusual Operating Conditions(a) Subject to (c), below, the owner shall report any unusual operating condition(s) to the department within 24 hours.(b) Unusual operating conditions shall include, but are not limited to: (1) Erratic behavior of dispensing equipment, the stage I system or stage II system, or overfill protection equipment;(2) Water or regulated substance gain or loss in a tank, sump, or system component, including water or regulated substance in the interstitial space of a secondarily contained system, that might indicate a problem with system tightness;(3) A visual or auditory alarm of the leak monitoring system indicates that a release might have occurred;(4) Petroleum vapors or vapors of a hazardous substance are detected near the UST system;(5) The UST vent stack is bent or angled from the vertical position;(6) Visual evidence of system component deterioration is present;(7) The UST system is overfilled; and(8) Any other evidence that a UST system is not liquid or vapor tight.(c) Owners shall not be required to report unusual operating conditions if, within 24 hours of discovering the unusual operating condition: (1) The cause of the condition is determined;(2) The condition is corrected or the potential for a release is removed by taking the equipment out of service; and(3) The owner determines through investigation that the unusual operating condition did not result in a release of a regulated substance from primary containment or into the environment.(d) The presence of regulated substance in a dispenser pan, sump, tank interstitial, or piping interstitial, or in a holding tank or oil-water separator, shall constitute a release and shall: (1) Not be exempted under (b), above; and(2) Be reported immediately if the discharge meets any of the criteria for immediate notification pursuant to Env-Or 604.06, and otherwise within 24 hours.(e) The owner shall: (1) Investigate the cause of any unusual operating condition within 24 hours of becoming aware of the condition;(2) Implement measures to prevent or minimize a release, eliminate the leak, or otherwise correct the deficiency; and(3) Submit a written report to the department within 7 days that describes the investigation and its conclusions.(f) If a discharge to the ambient environment has occurred, the owner also shall notify the department in accordance with Env-Or 604 and implement the preliminary response action in accordance with Env-Or 605.(g) Upon receiving notification pursuant to (a), above, or a report pursuant to (e)(3), above, the department shall evaluate the notification or review the report to determine whether an additional tightness test is needed to verify the report's conclusions.(h) If the department determines that an additional tightness test is required, the owner shall conduct a tightness test in accordance with Env-Or 406.05 through Env-Or 406.08 and Env-Or 500, if applicable, to determine the tightness of the system within 7 days of being notified by the department that the test is required.N.H. Admin. Code § Env-Or 406.04
(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.