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(a) The owner or operator of a UST shall meet the requirements of this section
(1) in response to a
(A) confirmed release of petroleum from the UST; or
(B) suspected release under 18 AAC 78.200; or
(2) when the owner or operator first has knowledge of a confirmed release of petroleum from the UST.
(b) The owner or operator shall notify the department's Anchorage, Fairbanks, Juneau, or Soldotna office of any release that is known or suspected to be 55 gallons or more, immediately upon knowledge of the release.
(c) If a leak, overfill, or other petroleum release from a UST is identified, and soil or water contamination is discovered by direct observation, through site characterization or assessment under 18 AAC 78.090, or through some other means, the owner or operator shall perform the following initial response actions within 24 hours after the owner or operator first discovers that a release has occurred:
(1) notify the department's Anchorage, Fairbanks, Juneau, or Soldotna office of
(A) a belowground release from the UST in any amount;
(B) an aboveground release to land from the UST if the release exceeds 10 gallons; or
(C) an aboveground release to water of the state if the release causes a sheen or discoloration of the water surface;
(2) take immediate action to prevent any further release of the petroleum into the environment, including removal of the petroleum from the UST if that is necessary to meet the requirements of this paragraph; and
(3) identify and mitigate any fire, explosion, or vapor hazard.
(d) The owner or operator shall report to the department's Anchorage, Fairbanks, Juneau, or Soldotna office
(1) a release of less than 10 gallons to land, or a release of less than one-half pint to water, within seven days after discovering the release;
(2) any observation or unusual operating conditions described in 18 AAC 78.200(a) (2) within seven days after the observation occurs; and
(3) any release detection monitoring results that indicate a release might have occurred as described in 18 AAC 78.200(a) (3) within seven days after receiving the results.
(e) After complying with the requirements of this section, the owner or operator, unless directed to do otherwise by the department, shall conduct initial abatement, release investigation, and corrective action as required by 18 AAC 78.230 - 18 AAC 78.270.
History: Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149
Authority: AS 46.03.020
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Last modified 7/05/2006