Section 173-360-375. Cleanup and reporting of spills and overfills.

(1) Owners and operators of UST systems shall immediately contain and clean up any spill or overfill of petroleum or hazardous substances in accordance with subsections (2) and (3) of this section. Spills and overfills shall also be reported as follows:

(a) Owners and operators shall immediately report any spill or overfill of petroleum and the results of any related cleanup to the department or delegated agency if the spill or overfill comes in contact with soil, groundwater, or surface water. Spills or overfills of petroleum which are above a de minimis amount but do not come in contact with soil, groundwater, or surface water shall be reported within twenty-four hours. A de minimis amount of petroleum is any amount that immediately evaporates or that is specified by the department or delegated agency through guidance documents. Spills or overfills of petroleum which do not exceed a de minimis amount and do not come in contact with soil, groundwater, or surface water are not required to be reported.

(b) Owners and operators shall immediately report any spill or overfill of a hazardous substance and the results of any related cleanup to the department or delegated agency if the spill or overfill comes in contact with soil, groundwater, or surface water. Spills or overfills of hazardous substances which are above a de minimis amount but which do not come in contact with soil, groundwater, or surface water shall also be reported immediately. A de minimis amount of a hazardous substance is any amount that is below the specified reportable quantity under CERCLA. Spills or overfills of hazardous substances which do not exceed a de minimis amount and do not come in contact with soil, groundwater, or surface water are not required to be reported.

Note:	A release of a hazardous substance equal to or in excess of its reportable quantity under CERCLA (40 C.F.R. 302) must also be reported immediately to the National Response Center under sections 102 and 103 of CERCLA (40 C.F.R. 302.6) and to the appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986 (40 C.F.R. 355.40).

(2) Containment and cleanup shall include the following actions:

(a) Visually inspect and take immediate action to prevent any further release and/or spreading of the regulated substance into the environment, including surrounding soils, groundwater, and surface water;

(b) Eliminate or minimize any fire, explosion, and vapor hazards, and absorb or otherwise contain all free product and provide for proper disposal of such product and any used absorbent materials in accordance with all applicable federal, state, and local requirements. Free product shall not be flushed into storm drains, catch basins, dry wells, monitoring wells, or other locations with a possible connection to surrounding soils, groundwater, or surface water; and

(c) Provide for proper disposal of, or treat, any contaminated soils in accordance with all applicable federal, state, and local requirements.

(3) Owners and operators shall take appropriate action in accordance with WAC 173-360-399 in the following cases:

(a) A spill or overfill of petroleum that results in a release to the environment of less than twenty-five gallons or another reasonable amount specified by the department or delegated agency, if cleanup is not or cannot be accomplished within twenty-four hours or another reasonable time period established by the department or delegated agency;

(b) A spill or overfill of petroleum that results in a release to the environment that exceeds twenty-five gallons or another reasonable amount specified by the department or delegated agency;

(c) A spill or overfill of petroleum, regardless of amount, that results in groundwater contamination or causes a sheen on groundwater or surface water, including such water in dry wells;

(d) A spill or overfill of a hazardous substance that results in a release to the environment that is less than the reportable quantity under CERCLA, if cleanup is not or cannot be accomplished within twenty-four hours or another reasonable time period established by the department or delegated agency; and

(e) A spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 C.F.R. 302).

[Statutory Authority: Chapter 90.76 RCW. WSR 90-24-017, § 173-360-375, filed 11/28/90, effective 12/29/90.]

Chapter 90.76 RCW. WSR 90-24-017, § 173-360-375, filed 11/28/90, effective 12/29/90.

Rules

173-360-399,