Section 245.304. Investigation of suspected releases

(a) The owner or operator of storage tanks and storage tank facilities shall initiate and complete an investigation of an indication of a release of a regulated substance as soon as practicable, but no later than 7 days after the indication of a release. An indication of a release includes one or more of the following conditions:

(1) The presence of a regulated substance or an unusual level of vapors from a regulated substance of unknown origin, at a storage tank facility.

(2) Evidence of a regulated substance or vapors in soils, basements, sewer lines, utility lines, surface water or groundwater in the surrounding area.

(3) Unusual operating conditions, indicative of a release, such as the erratic behavior of product dispensing equipment.

(4) The sudden or unexpected loss of a regulated substance from a storage tank, or the unexplained presence of water in a storage tank.

(5) Test, sampling or monitoring results from a release detection method which indicate a release.

(6) The discovery of holes in a storage tank during activities such as inspection, repair or removal from service.

(7) Other events, conditions or results which may indicate a release.

(b) The investigation required by subsection (a) shall include a sufficient number of the procedures outlined in this subsection and be sufficiently detailed to confirm whether a release of a regulated substance has occurred. The owner or operator shall investigate the indication of a release by one or more of the following procedures:

(1) A check of product dispensing or other similar equipment.

(2) A check of release detection monitoring devices.

(3) A check of inventory records to detect discrepancies.

(4) A visual inspection of the storage tank or the area immediately surrounding the storage tank.

(5) Testing of the storage tank for tightness or structural soundness.

(6) Sampling and analysis of soil or groundwater.

(7) Other investigation procedures which may be necessary to determine whether a release of a regulated substance has occurred.

(c) If the investigation confirms that a reportable release has occurred, the owner or operator shall report the release in accordance with § 245.305 (relating to reporting releases) and initiate corrective action.

(d) If the investigation confirms that a nonreportable release has occurred, the owner or operator shall take necessary corrective actions to completely recover or remove the regulated substance which was released.

(e) If the investigation confirms that a release has not occurred, further investigation by the owner or operator is not required.

The provisions of this § 245.304 amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615. Immediately preceding text appears at serial pages (280168) and (234707).

Notation

Cross References

This section cited in 25 Pa. Code § 245.31 (relating to underground storage tank tightness testing requirements); 25 Pa. Code § 245.306 (relating to interim remedial actions); 25 Pa. Code § 245.309 (relating to site characterization); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.444 (relating to methods of release detection for tanks); 25 Pa. Code § 245.614 (relating to requirements for closure); and 25 Pa. Code § 977.34 (relating to claims reporting).