Section 18.78.210. Investigation methods.

	(a)  Unless corrective action is taken under 18 AAC 78.220 - 18 AAC 78.270, within seven days after learning of a suspected release of petroleum that requires reporting under 18 AAC 78.220, the owner or operator of UST shall begin to investigate to confirm the release by conducting either a site assessment under 18 AAC 78.090 or a system test as described in this section. The department will, in its discretion, require both a site assessment and a system test.  
	(b)  System Test. The owner or operator shall conduct a test as described in 18 AAC 78.065(d) and 18 AAC 78.070(c) to determine if a release has occurred in that part of a tank that routinely contains petroleum, or the attached delivery piping, or both. If the UST system fails the system test under this subsection, the release is considered confirmed, and the owner or operator shall remove, repair, or replace the UST, conduct a release investigation under 18 AAC 78.235, and begin corrective action as prescribed in 18 AAC 78.220 - 18 AAC 78.270. Replacement tanks, piping, and parts must meet the requirements for new tanks under 18 AAC 78.025. If the system test results for the UST, including the delivery piping, do not indicate that a release has occurred, but environmental contamination is the basis for suspecting a release, a site assessment must be performed as prescribed in 18 AAC 78.090. The department will, in its discretion, extend the seven-day limit set in (a) of this section if weather conditions preclude testing. The tests conducted under 18 AAC 78.065(d) and 18 AAC 78.070(c) must be performed by a person certified under this chapter. A system test performed as part of a repair must be done in accordance with 18 AAC 78.055.  
	(c)  Site Assessment. If a site assessment conducted under (a) of this section indicates that a release has occurred, the owner or operator shall conduct a release investigation under 18 AAC 78.235 and begin corrective action as required by 18 AAC 78.220 - 18 AAC 78.280. No further investigation is required if  
		(1) the site assessment indicates that a release has not occurred;  
		(2) observations and investigations indicate that free product is not present; and  
		(3) test results indicate that  
			(A) groundwater cleanup levels in 18 AAC 75.345 are not exceeded at the UST site;  
			(B) surface water quality standards in 18 AAC 70.020(b) are not exceeded at the UST site; and  
			(C) soil cleanup levels in 18 AAC 75.340 and 18 AAC 75.341 are not exceeded at the UST site.  

Authorities

46.03.020;46.03.365;46.03.375

Notes

Reference

18 AAC 78.085
18 AAC 78.200
18 AAC 78.235
18 AAC 78.240
18 AAC 78.250

Authority

AS 46.03.020 AS 46.03.365 AS 46.03.375

History

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149