18 AAC 78.240. Corrective action

(a) If the release of petroleum from a UST is confirmed and corrective action is required under 18 AAC 78.235(e) , the owner or operator of the UST shall undertake soil and water corrective actions as prescribed in 18 AAC 78.240 - 18 AAC 78.276 and 18 AAC 78.600 - 18 AAC 78.625. The department will direct the owner or operator to perform corrective action to mitigate an inhalation hazard, if the department determines that corrective action is necessary to protect human health or safety, or the environment. As part of that corrective action and as necessary, the owner or operator shall operate a vapor monitoring system in one or more occupied structures near the site.

(b) At a site where an investigation indicates the presence of free product, the owner or operator shall remove measurable free product to the maximum extent practicable, while continuing, as necessary, an action taken under 18 AAC 78.210 - 18 AAC 78.235 or preparing for an action required by 18 AAC 78.240 - 18 AAC 78.280. To meet the requirements of this subsection, the owner or operator shall

(1) notify the department within 24 hours after the discovery of free product;

(2) conduct free product removal in a manner that

(A) minimizes the spread of contamination into an uncontaminated area by using containment, recovery, and disposal techniques appropriate to site conditions;

(B) avoids additional discharges;

(D) minimizes, to the maximum extent practicable, the time necessary for corrective action;

(3) ensure that each free product removal system is designed to minimize free product migration; and

(4) ensure that a flammable substance is handled in a manner that avoids fires or explosions.

(c) Within 60 days after the date of release confirmation, as established under 18 AAC 78.235(h) , the owner or operator shall submit to the department

(1) an interim corrective action report informing the department of the status of corrective actions required by (a) of this section; and

(2) a free product removal report that shows free product was removed in compliance with (b) of this section and that provides at least the following information:

(A) the name and address of the person supervising or responsible for implementing the free product removal;

(B) the estimated amount, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(D) whether any discharge has occurred or will occur on or off site during the recovery operation and where this discharge occurred or will occur;

(E) the type of treatment applied to, and the effluent quality resulting or expected from, any substance that has been or will be discharged;

(F) the steps that have been or are being taken to obtain necessary permits for any discharge; and

(G) the disposition of the recovered free product, dissolved phase product, or contaminated soil.

(d) The department will, in its discretion, extend the deadline for a report required under (c) of this section.

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

AS 46.03.365

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.