Sec. 26.13.05.10-6. Leaks, Spills, and Disposition of Leaking or Unfit-for-Use Tank Systems

A. The owner or operator of a tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall:

(1) Immediately remove the tank system from service;

(2) Immediately stop the flow of hazardous waste into the tank system or secondary containment system;

(3) Inspect the system to determine the cause of the release;

(4) Remove waste from the tank system or secondary containment system in accordance with the following:

(a) If the release was from the tank system, remove all waste within 24 hours after detection of the leak or, if the owner or operator demonstrates that doing so is not possible, remove at the earliest practicable time as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system; and

(b) If the material was released to a secondary containment system, remove all released materials within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment;

(5) Contain visible releases to the environment by immediately conducting a visual inspection of the release and, based upon the inspection:

(a) Act to prevent further migration of the leak or spill to soils or surface water; and

(b) Remove, and properly dispose of, any visible contamination of the soil or surface water;

(6) Unless the quantity of the leak or spill is 1 pound or less and the leak or spill is immediately contained and cleaned up, file notifications and reports of the incident in accordance with the following:

(a) Report to the Secretary any release to the environment within 24 hours of the release's detection; and

(b) Submit to the Secretary within 30 days of detection of a release to the environment, a report containing the following information:

(i) Likely route of migration of the release;

(ii) Characteristics of the surrounding soil, such as soil composition, geology, and hydrogeology;

(iii) Results of any monitoring or sampling conducted in connection with the release, except that if sampling or monitoring data relating to the release are not available within 30 days, the owner or operator shall submit these data to the Secretary as soon as they become available;

(iv) Proximity to downgradient drinking water, surface water, and populated areas; and

(v) A description of response actions taken or planned;

(7) Close, repair, or provide secondary containment for the tank system in accordance with the following:

(a) Close the tank system in accordance with Regulation .10-7 of this chapter unless the owner or operator satisfies the requirements of §A(7)(b)-(d) of this regulation;

(b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed, and repairs, if necessary, have been made;

(c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the owner or operator shall repair the tank system before returning it to service;

(d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator:

(i) Shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of Regulation .10-4 of this chapter before it is returned to service, unless the source of the leak is an above-ground portion of a tank system that can be inspected visually;

(ii) May, if the source is an above-ground component that can be inspected visually, return the component to service without secondary containment as long as the component is repaired and the requirements of §A(8) and (9) of this regulation are satisfied;

(iii) Shall ensure that, if a component is replaced to comply with the requirements of §A(7) of this regulation, the component satisfies the requirements for new tank systems or components in Regulations .10-3 and .10-4 of this chapter; and

(iv) Shall, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, such as the bottom of an in-ground or on-ground tank, provide the entire component with secondary containment in accordance with Regulation .10-4 of this chapter before returning the tank system to use;

(8) Before returning to service a tank system that has been repaired in accordance with §A(7) of this regulation and for which the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, obtain a certification by an independent, qualified, registered professional engineer in accordance with COMAR 26.13.07.03D that the repaired system is capable of handling hazardous wastes without release for the intended life of the system;

(9) Submit the certification required in §A(8) of this regulation to the Secretary not later than 5 days before the tank system is returned to use.

B. The owner or operator of a tank system for which a variance from secondary containment has been granted in accordance with Regulation .10-5D of this chapter, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control, as established in the variance, shall:

(1) Comply, except for §A(6) of this regulation, with the other requirements of §A of this regulation;

(2) Decontaminate or remove contaminated soil to the extent necessary to:

(a) Enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had before the release; and

(b) Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and

(3) Comply with the requirements of Regulation .10-7C of this chapter if contaminated soil cannot be removed or decontaminated in accordance with §B(2) of this regulation.

C. The owner or operator of a tank system for which a variance from secondary containment has been granted in accordance with the requirements of Regulation .10-5D of this chapter, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control, as established in the variance, shall:

(1) Comply with the requirements of §A(1)-(6) of this regulation;

(2) Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil;

(3) Comply with the requirements of Regulation .10-7C of this chapter if contaminated soil cannot be decontaminated or removed or if ground water has been contaminated; and

(4) Provide, if repairing, replacing, or reinstalling the tank system, secondary containment in accordance with the requirements of Regulation .10-4A-F of this chapter, or reapply for a variance from secondary containment and meet the requirements for new tank systems in Regulation .10-3 of this chapter if the tank system is replaced, even if contaminated soil can be decontaminated or removed and ground water or surface water has not been contaminated.