The owner/operator of a regulated substance system shall,
in response to a confirmed release, comply with the requirements of these
regulations, which incorporate a risk-based corrective action (RBCA) approach.
Any work performed or required under these regulations does not automatically
qualify the owner/operator for reimbursement from the Petroleum Storage Tank
Fund (PSTF). The obligation of the owner/operator responsible for the release
remains with that owner/operator in the event that the tank system and/or
property changes ownership.
5-1-1
Acute human health hazards
Upon discovery of a regulated substance on ground surface
or surface water, or if a regulated substance has the potential to create a
fire, explosion or acute health hazard, emergency response action shall be
initiated immediately.
The owner/operator responsible for the release
shall:
(a) Identify and mitigate fire,
explosion, vapor and acute health hazards by contacting the local fire
department or other first-responder and conducting other mitigation activities
as capability allows;
(b) Identify
and mitigate impacts to water supply wells, supply lines or surface
intake;
(c) Initiate containment
and removal of any free-phase hydrocarbons observed on the ground surface or
surface water body; and
(d) Report
identification of either (a), (b) or (c) of this subsection to OPS within 24
hours of discovery.
5-1-2
Chronic and secondary human
health hazards and other environmental impacts
After abatement of any acute human health hazards, the
owner/operator responsible for the release shall:
(a) Take action to prevent any further
release into the environment;
(b)
Identify the source and cause of the release and repair, replace or upgrade the
portion of the petroleum storage tank system that failed;
(c) Monitor and mitigate any health hazards
posed by vapors or free-phase hydrocarbons that have entered into subsurface
structures (such as sewers or basements); and
(d) Remedy hazards posed by contaminated
media that are excavated or exposed as a result of abatement activities. The
owner/operator must comply with applicable state and local requirements if
these remedies include treatment or disposal of contaminated media.
Notes
7 CCR 1101-14-5-1
37
CR 18, September 25, 2014, effective
10/15/2014
39
CR 18, September 25, 2016, effective
1/1/2017
40
CR 05, March 10, 2017, effective
5/1/2017
40
CR 07, April 10, 2017, effective
5/1/2017
41
CR 07, April 10, 2018, effective
5/1/2018
42
CR 04, February 25, 2019, effective
3/17/2019
