Section 724.296  Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems

A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:

a)         Cease Using; Prevent Flow or Addition of Wastes.  The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.

b)         Removal of Waste from Tank System or Secondary Containment System

1)         If the release was from the tank system, the owner or operator must, within 24 hours after detection of the leak or as otherwise provided in the permit, remove 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 to be performed.

2)         If the material released was to a secondary containment system, all released materials must be removed within 24 hours or as otherwise provided in the permit to prevent harm to human health and the environment.

c)         Containment of Visible Releases to the Environment.  The owner or operator must immediately conduct a visual inspection of the release and, based upon that inspection, do the following:

1)         Prevent further migration of the leak or spill to soils or surface water; and

2)         Remove and properly dispose of any visible contamination of the soil or surface water.

d)         Notifications, Reports

1)         Any release to the environment, except as provided in subsection (d)(2), must be reported to the Agency within 24 hours of its detection.

2)         A leak or spill of hazardous waste is exempted from the requirements of this subsection (d) if the following is true:

A)        The spill was less than or equal to a quantity of one  pound (0.45 kg); and

B)        It was immediately contained and cleaned up.

3)         Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Agency:

A)        Likely route of migration of the release;

B)        Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate, etc.);

C)        Results of any monitoring or sampling conducted in connection with the release (if available).  If sampling or monitoring data relating to the release are not available within 30 days, these data must be submitted to the Agency as soon as they become available.

D)        Proximity the downgradient drinking water, surface water, and populated areas; and

E)        Description of response actions taken or planned.

e)         Provision of Secondary Containment, Repair, or Closure

1)         Unless the owner or operator satisfies the requirements of subsections (e)(2) through (e)(4), the tank system must be closed in accordance with Section 724.297.

2)         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, are made.

3)         If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.

4)         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 must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of Section 724.293 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually.  If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment, as long as the requirements of subsection (f) are satisfied.  If a component is replaced to comply with the requirements of this subsection (e), that component must satisfy the requirements of new tank systems or components in Sections 724.292 and 724.293.  Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an in-ground or on-ground tank), the entire component must be provided with secondary containment in accordance with Section 724.293 prior to being returned to use.

f)         Certification of Major Repairs.  If the owner or operator has repaired a tank system in accordance with subsection (e), and the repair has been extensive (e.g., installation of an internal liner, repair, or a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner or operator has obtained a certification by a qualified Professional Engineer, in accordance with 35 Ill. Adm. Code 702.126(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.  This certification must be placed in the operating record and maintained until closure of the facility.

BOARD NOTE:  See Section 724.115(c) for the requirements necessary to remedy a failure.  Also, federal 40 CFR 302.6 may require the owner or operator to notify the National Response Center of any "reportable quantity".

(Source:  Amended at 42 Ill. Reg. 22614, effective November 19, 2018)