(a) The
owner or operator of a storage tank system or storage tank facility shall
notify the appropriate regional office of the Department as soon as
practicable, but no later than 24 hours, after the confirmation of a
release.
(b) The notice required by
subsection (a) shall be by telephone and describe, to the extent of information
available, the regulated substance involved, the quantity of the regulated
substance involved, when the release occurred, where the release occurred, the
cause of the release, the affected environmental media, information concerning
impacts to water supplies, buildings or to sewer or other utility lines, and
interim remedial actions planned, initiated or completed.
(c) Within 15 days of the notice required by
subsection (a), the owner or operator shall provide written notification to the
Department and to each municipality in which the release occurred, and each
municipality where that release has impacted environmental media or water
supplies, buildings or sewer or other utility lines.
(d) The owner or operator shall provide
written notification to the Department and each impacted municipality of new
impacts to environmental media or water supplies, buildings, or sewer or other
utility lines discovered after the initial written notification required by
subsection (c). Written notification under this subsection shall be made within
15 days of the discovery of the new impact.
(e) Written notification required by this
section must contain the same information as required by subsection (b) and
must be on a form provided by the Department.
(f) If the Department determines that a
release poses an immediate threat to public health and safety, the Department
may evaluate and implement reasonable procedures to provide the public with
appropriate information about the situation which may, at a minimum, include a
summary of the details surrounding the release and its impacts in a newspaper
of general circulation serving the area in which the impacts are
occurring.
(g) Upon the occurrence
of a release at the aboveground storage tank, the owner or operator of a
storage tank facility with an aggregate aboveground storage capacity greater
than 21,000 gallons shall immediately notify the county emergency management
agency, the Pennsylvania Emergency Management Agency and the Department.
Downstream water companies, downstream municipalities and downstream industrial
users within 20 miles of an aboveground storage tank facility located adjacent
to surface waters shall be notified on a priority basis based on the proximity
of the release by the owner or operator or the agent of the owner or operator
within 2 hours of a release which enters a water supply or which threatens the
water supply of downstream users. If the owner or operator or an agent fails to
notify or is incapable of notifying downstream water users, the county
emergency management agency shall make the required notification. This
notification shall be done in accordance with section 904 of the act
(35
P.S. §
6021.904).
(h) The owner or operator of a storage tank
system or storage tank facility shall immediately notify the local fire
authority where fire, explosion or safety hazards exist as a result of a
release.
(i) Release reporting
under this section and further corrective action under this subchapter are not
required for the following releases if the owner or operator has control over
the release, the release is completely contained and the total volume of the
release is recovered and removed within 24 hours of the release:
(1) A release of petroleum to an aboveground
surface, including within an emergency containment structure, that is less than
25 gallons.
(2) A release of
petroleum to a containment sump if the total volume of the release is contained
below the lowest sump penetration.