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WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF COMMERCE
CHAPTER COMM 10 FLAMMABLE, COMBUSTIBLE AND HAZARDOUS LIQUIDS
SUBCHAPTER V -- GENERAL UST STORAGE AND UNDERGROUND PIPING
Date:
08/31/2009
Document:
Comm 10.585 Responding to a leak, spill, overfill or release
(1) GENERAL. (a) Leaks. Immediately upon discovery of any evidence of a leak from a tank system or dispensing system, the owner or operator or any contractor performing work under this chapter shall take all measures necessary to stop the leak and to prevent migration of any free product into the environment.
(b) Releases. Immediately upon confirming any suspected release or discovering any obvious release, the owner or operator shall investigate the extent of contamination, and undertake corrective and mitigation actions in accordance with s. 292.11 (3), Stats.
(2) REPORTING A RELEASE. (a) Reporting to the department of natural resources. The owner or operator or a person who causes it shall immediately report any release of a regulated substance to the department of natural resources in accordance with s. 292.11 (2), Stats.
Note: Releases that must be reported to the Department of Natural Resources under section 292.11 (2) of the Statutes include the discovery of contaminated soils or free product; dissolved phase product or vapors, in soils, in basements, in sewer or utility lines, or in surface water or groundwater either at the tank site or in the surrounding area; and spills or overfills.
Note: Releases of substances defined in section 101 (14) of CERCLA that are not flammable or combustible liquids must also be reported to the Department of Natural Resources in accordance with chapter 292 of the Statutes.
Note: For more information about reporting releases to the Department of Natural Resources, refer to the DNR Web site at http://dnr.wi.gov/org/aw/rr/spills/. That site includes a notice to use a 24-hour hotline number of 800-943-0003 for reporting spills.
Note: Failure to notify the DNR of a release may have serious consequences -- such as forfeitures under section 101.09 (5) of the Statutes of $ 10 to $ 5000 for each violation. Each day of continued violation is a separate offense, and under section Comm 10.180, each tank that is in violation is a separate offense.
Note: Department of Commerce staff and authorized agents of the Department, such as Local Program Operators, periodically inspect storage facilities for petroleum products and other hazardous substances. These inspectors have authority to report any release encountered during these inspections that has not been reported to the DNR by the owner or operator -- and these releases may become the subject of formal enforcement actions.
(b) Reporting to the owner or operator. Fuel-delivery persons shall immediately inform the owner or operator of any overfilling or spilling which occurs during the delivery procedure and which may result in or be a release.
(c) Reporting under CERCLA. The release of a regulated substance to the environment, that equals or exceeds its reportable quantity under CERCLA shall be reported immediately to the U.S. environmental protection agency.
Note: The CERCLA List of Hazardous Substances and Reportable Quantities is contained in 40 CFR 302.4, Table 302.4.
(3) FIRE HAZARD RESPONSE. The owner or operator shall identify, mitigate and monitor fire and explosion hazards, such as the presence of free product or vapors in structures.
(4) PREVENTION OF FURTHER RELEASE. The owner or operator shall take action to prevent further release of the regulated substance to the environment, including all of the following:
(a) Removing and safely storing as much of the regulated substance from the tank system as necessary to prevent further release to the environment.
(b) Taking steps to prevent migration of the substance, including managing any contaminated soils or water in accordance with ch. 292, Stats.
(5) DEMONSTRATION OF ADEQUATE CORRECTIVE ACTION. (a) No later than 21 business days after reporting a release under this section, the owner or operator shall submit documentation to the department of natural resources demonstrating compliance with subs. (1) (b) and (4), and demonstrating that the corrective and mitigation actions which were taken have accomplished or will accomplish all of the following:
1. Restoration of the environment to the extent practical.
2. Minimization of the harmful effects from the release to the air, lands or waters of Wisconsin.
(b) Any repairs or changes to a tank system that are made because of a release reported under this section shall be reported to the department within 21 business days of completing the repair or change.
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