SECTION 252:205-13-1. Incidents

(a)   Release of hazardous waste. Upon release of materials that are or become hazardous waste whether by spillage, leakage, or discharge to soils or to air or to surface or ground waters (outside the limits of a discharge permit), or by other means, and which could threaten human health or the environment, the owner or operator shall immediately notify the DEQ and take all necessary action to contain, remediate, and mitigate hazards from the release.

(b)   Contained releases. The owner/operator is not required to notify the DEQ of a release if it is completely contained in a secondary containment area.

(c)   National Response Center. When a report is required to be made to the National Response Center pursuant to 40 CFR 262.16(b), 262.17(a)(6) (which references 262 Subpart M), or 264.56(d)(2) or 265.56(d)(2), a report must also be made immediately to the DEQ at 1-800-522-0206.

(d)   Determination of waste category. Spilled or leaked materials and soils and other matter that may be contaminated with such materials shall be tested by the responsible person to determine whether they are hazardous waste, nonhazardous industrial waste or solid waste.

(e)   Proper disposal of waste from release. Waste materials resulting from a release shall be properly disposed of in accordance with the applicable rules.

(f)   Recyclable materials. Materials that are to be recycled shall be collected and properly stored to prevent further contamination of the environment.

(g)   Remediation plan. The DEQ may require submission of a remediation plan that meets the closure requirements of 40 CFR 265.111 and 265.114.

(h)   Costs. The Executive Director may assess costs relating to expenses and damages incurred by the DEQ in responding to a release and overseeing its remediation. Costs shall be borne by the responsible person(s).

[Source: Added at 16 Ok Reg 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 35 Ok Reg 1284, eff 9-15-18]