Privacy Statement

ARTICLE 4 RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

4-1 Reporting of suspected releases

4-2 Investigation due to off-site impacts

4-3 Release investigation and confirmation steps

4-4 Reporting and cleanup of spills and overfills

4-1 Reporting of suspected releases.

Owners/operators of regulated substance systems must report a release or suspected release to the State Inspector of Oils within 24 hours by telephone or facsimile. (If outside normal working hours or on a weekend and emergency assistance is needed, call the emergency response number (303)756-4455 at the Colorado Department of Public Health and Environment). Any suspected release or release of unknown quantity(ies) is a reportable quantity unless an owner/operator can conclusively show the release was less than the reportable quantity. Owners/operators must follow the procedures in section 4-3 for any of the following conditions:

(a) The discovery by owners/operators or others of released regulated substances at the site or in the surrounding area (such as the presence of contamination, free product or vapors in soils, basements, sewer and utility lines, and surface, ground, or drinking water);

(b) Unusual operating conditions observed by owners/operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the system, failed tightness tests, inconclusive statistical inventory reconciliation, or an unexplained presence of water in the tank), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; and

(c) Monitoring results from a release detection method required under these regulations indicate a release may have occurred unless:

(1) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or

(2) In the case of inventory control, a second month of data does not confirm the initial result.

4-2 Investigation due to off-site impacts.

When required by the State Inspector of Oils, owners/operators of regulated substance systems must follow the procedures in section 4-3 to determine if the system is the source of off-site impacts. These impacts include the discovery of regulated substances, such as the presence of contamination, free product or vapors in soils, basements, sewer and utility lines, and surface, ground, and drinking waters.

4-3 Release investigation and confirmation steps.

Unless corrective action is initiated in accordance with Article 5 of these regulations, owners/operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 4-1 within 7 days, or another reasonable time period specified by the State Inspector of Oils, using either the following steps or another procedure approved by the State Inspector of Oils:

(a) System test. Owners/operators must conduct tests (according to the requirements for tightness testing) that determine whether a leak exists in that portion of the tank that routinely contains product, or the attached delivery piping, or both.

(1) Owners/operators must repair, replace or upgrade the regulated substance system, and begin corrective action in accordance with Article 5 of these regulations, if the test results for the system, tank, or delivery piping indicate that a leak exists.

(2) Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a release.

(3) Owners/operators must conduct a site check as described in paragraph (b) of this section if the test results for the system, tank, and delivery piping do not indicate that a leak exists but environmental contamination is the basis for suspecting a release.

(b) Site check. Owners/operators must measure for the presence of a release where contamination is most likely to be present at the site, as specified in Article 5 of these regulations.

(1) If the test results for the excavation zone or the site indicate that a release has occurred, owners/operators must begin corrective action in accordance with Article 5 of these regulations;

(2) If the test results for the excavation zone or the site do not indicate that a release has occurred, further investigation is not required.

4-4 Reporting and cleanup of spills and overfills.

(a) Owners/operators of regulated substance systems must contain and immediately clean up a spill or overfill and report the spill or overfill to the State Inspector of Oils within 24 hours, and begin corrective action in accordance with Article 5 in the following cases:

(1) A spill or overfill of petroleum that results in a release to the environment that may exceed 25 gallons, or that causes a sheen on nearby surface water; and

(2) 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 CFR 302).

(b) Owners/operators of regulated substance systems must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, owners/operators must immediately notify the State Inspector of Oils.

[Note: All persons must in any event comply with reporting requirements of other agencies including the Colorado Department of Public Health and Environment.]

[Note: A release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (40 CFR 302.6) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986 (40 CFR 355.40).]