SECTION 165:29-3-74. Initial abatement measures and site check

(a)   Unless directed to do otherwise by PSTD, the owner or operator must perform the following abatement measures:

(1)   Remove as much of the regulated substance from the leaking petroleum storage tank system as is necessary to prevent further release to the environment.

(2)   Visually inspect the petroleum storage tank system for any aboveground releases or exposed below-ground releases and prevent further migration of the released substance into surrounding soils and the waters of the state.

(3)   Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the petroleum storage tank system excavation zone and entered into subsurface structures such as sewers or basements.

(4)   Remedy hazards posed by impacted soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. All remedies, including but not limited to treatment or disposal of soils, must comply with applicable state and local requirements where applicable.

(5)   Measure for the presence of a release where the released regulated substances are most likely to be present at the petroleum storage tank site, unless the presence and source of the release have been confirmed in accordance with the site check or the closure site assessment. In selecting sample types, sample locations and measurement methods, the owner and/or operator must consider the nature of the stored substance, the type of backfill, the depth to groundwater and other factors appropriate for identifying the presence and source of the release. Unless directed to do otherwise by PSTD, the owner or operator must analyze for the Chemicals of Concern (COCs) using approved analytical methods. For sites where used oil is involved, as determined through TPH analysis, TCLP analysis for metals, semi-volatiles and volatiles may be required. The selected analytical method must be able to detect concentrations of Chemicals of Concern below action levels. In addition, if a release occurs from any PSTD regulated petroleum storage tank system that is contaminated or combined with a non-regulated substance, the cleanup requirements for that particular release will be determined by DEQ.

(6)   Investigate to determine the presence and amount of free product.

(b)   Within twenty (20) days after release confirmation, the owner or operator must submit a report to the PSTD in a format established by PSTD that summarizes the initial abatement steps taken and any resulting information or data, unless this report was required to be submitted under 165:29-3-3.

[Source: Added at 17 Ok Reg 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785, eff 7-1-05; Amended at 32 Ok Reg 811, eff 8-27-15; Amended at 35 Ok Reg 1033, eff 10-1-18]