18 AAC 78.200. Investigating a suspected release

(a) If a release of petroleum is suspected, the owner or operator of the UST shall investigate the UST site using methods required by 18 AAC 78.210, and shall report any of the following conditions to the department in the manner and at the times described in 18 AAC 78.220(b) - (e):

(1) the discovery by the owner, operator, or another person of released petroleum at the UST site or in the surrounding area, including the presence of free product, soil contamination, surface water or groundwater contamination, or the presence of vapors in soils, basements, sewer or utility lines, or nearby surface water or groundwater;

(2) unusual operating conditions observed by the owner, operator, or another person, including the erratic behavior of dispensing equipment, the sudden loss of petroleum from the UST, or an unexplained presence of water in the tank; if system equipment is found to be defective but not leaking, and is immediately repaired or replaced and retested, a report to the department is not required; and

(3) release detection monitoring results under 18 AAC 78.060 - 18 AAC 78.070 indicate a release might have occurred, including two consecutive months of invalid or inconclusive results; a report to the department is not required under this paragraph if

(A) the monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result; or

(B) in the case of inventory control, a second month of data does not confirm the initial result.

(b) The department will, in its discretion, require the owner or operator of a UST system to investigate for a release of petroleum as required by 18 AAC 78.210 to determine if a UST is the source of off-site impacts. For purposes of this subsection, "off-site impacts" include the discovery of free product, soil contamination, surface water or groundwater contamination, or the presence of vapors in soils, basements, sewer and utility lines, or nearby surface water or groundwater as directly observed by the department or brought to the department's attention by another person.

History: Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165

Authority: AS 46.03.020

AS 46.03.365

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