A tank system or secondary containment system from which there
has been a leak or spill, or which is unfit for use, shall be removed from
service immediately, and the owner or operator shall comply with the following
requirements:
(A) Cessation of use; prevent flow or
addition of wastes. The owner or operator shall immediately stop the flow of
hazardous waste into the tank system or secondary containment system and
inspect the system to determine the cause of the release.
(B) Removal of waste from tank system or
secondary containment system.
(1) If the
release was from the tank system, the owner or operator
shall, within twenty-four hours after
detection of the leak, or, if the owner or operator demonstrates that
it
within
twenty-four hours is not possible, at the earliest practicable time,
shall remove as much of the waste as is necessary
to prevent further release of hazardous waste to the environment and to allow
inspection and repair of the tank system to be performed.
(2) If the material released was to a
secondary containment system, all released materials shall be removed within
twenty-four hours or in as timely a manner as is possible to prevent harm to
human health and the environment.
(C) Containment of visible releases to the
environment. The owner or operator shall immediately conduct a visual
inspection of the release and, based upon that inspection, both:
(1) Prevent further migration of the leak or
spill to soils or surface water.
(2) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(D) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (D)(2) of this rule, shall be reported to the director
within twenty-four hours after
its
detection
of the release. If the release has been
reported pursuant to 40 CFR Part
302, that report will satisfy this
requirement.
(2) A leak or spill of
hazardous waste is exempted from this requirement if
it
the leak or spill
is both:
(a) Less than or equal to a quantity
of one pound.
(b) Immediately
contained and cleaned up.
(3) Within thirty days after detection of a
release to the environment, a report containing all of the following
information shall be submitted to the director:
(a) Likely route of migration of the
release.
(b) Characteristics of the
surrounding soil (soil composition, geology, hydrogeology, climate).
(c) Results of any monitoring or sampling
conducted in connection with the release (if available). If sampling or
monitoring data relating to the release are not available within thirty days,
these data shall be submitted to the director as soon as the data become
available.
(d) Proximity to
downgradient drinking water, surface water, and populated areas.
(e) Description of response actions taken or
planned.
(E)
Provision of secondary containment, repair, or closure.
(1) Unless the owner or operator complies
with paragraphs (E)(2) to (E)(4) of this rule, the tank system shall be closed
in accordance with rule
3745-55-97 of the Administrative
Code.
(2) If the cause of the
release was a spill that has not damaged the integrity of the system, the owner
or operator may return the system to service as soon as the released waste is
removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
shall be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner or operator shall provide the component of the system
from which the leak occurred with secondary containment that complies with rule
3745-55-93 of the Administrative
Code before
it
the
component may be returned to service, unless the source of the leak is an
aboveground portion of a tank system that can be inspected visually. If the
source is an aboveground component that can be inspected visually, the
component shall be repaired and may be returned to service without secondary
containment as long as
that component
the tank system is in compliance with paragraph (F) of
this rule. If a component is replaced to comply with this requirement, that
component shall comply with new tank systems or components requirements in
rules
3745-55-92 and
3745-55-93 of the Administrative
Code. Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g., the
bottom of an inground or onground tank),
prior to that
component's return to use, the entire component shall be provided with
secondary containment in accordance with rule
3745-55-93 of the Administrative
Code
prior to being returned to
use.
(F)
Certification of major repairs. If the owner or operator has repaired a tank
system in accordance with paragraph (E) of this rule
, and the repair has been extensive (e.g.,
installation of an internal liner, repair of a ruptured primary containment or
secondary containment vessel), the tank system shall not be returned to service
unless the owner or operator has obtained a certification by a qualified
professional engineer in accordance with paragraph (D) of rule
3745-50-42 of the Administrative
Code that the repaired system is capable of handling hazardous wastes without
release for the intended life of the system. This certification shall be
submitted to the director within seven days after returning the tank
system
system's
return to use, placed in the operating record, and maintained until
closure of the facility.
[Comment 1: The director,
on
On the basis of any information
received that there is or has been a release of hazardous waste or hazardous
constituents into the environment, the director
may issue an order under section
3734.20 of the Revised Code
requiring corrective action or such other response as deemed necessary to
protect human health or the environment.]
[Comment 2: See paragraph (C) of rule
3745-65-15 of the Administrative
Code for the requirements necessary to remedy a failure. Also, 40 CFR Part 302
may require the owner or operator to notify the "National Response Center"
of a release of certain releases.]
[Comment 3: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
