Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 245 - ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM › Subchapter D - CORRECTIVE ACTION PROCESS FOR OWNERS AND OPERATORS OF STORAGE TANKS AND STORAGE TANK FACILITIES AND OTHER RESPONSIBLE PARTIES › Section 245.305 - Reporting releases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						owner or operator of a storage tank system or storage tank facility shall
						notify the appropriate regional office of the Department as soon as
						practicable, but no later than 24 hours, after the confirmation of a
						release.
(b) The notice required by
						subsection (a) shall be by telephone and describe, to the extent of information
						available, the regulated substance involved, the quantity of the regulated
						substance involved, when the release occurred, where the release occurred, the
						cause of the release, the affected environmental media, information concerning
						impacts to water supplies, buildings or to sewer or other utility lines, and
						interim remedial actions planned, initiated or completed.
(c) Within 15 days of the notice required by
						subsection (a), the owner or operator shall provide written notification to the
						Department and to each municipality in which the release occurred, and each
						municipality where that release has impacted environmental media or water
						supplies, buildings or sewer or other utility lines.
(d) The owner or operator shall provide
						written notification to the Department and each impacted municipality of new
						impacts to environmental media or water supplies, buildings, or sewer or other
						utility lines discovered after the initial written notification required by
						subsection (c). Written notification under this subsection shall be made within
						15 days of the discovery of the new impact.
(e) Written notification required by this
						section must contain the same information as required by subsection (b) and
						must be on a form provided by the Department.
(f) If the Department determines that a
						release poses an immediate threat to public health and safety, the Department
						may evaluate and implement reasonable procedures to provide the public with
						appropriate information about the situation which may, at a minimum, include a
						summary of the details surrounding the release and its impacts in a newspaper
						of general circulation serving the area in which the impacts are
						occurring.
(g) Upon the occurrence
						of a release at the aboveground storage tank, the owner or operator of a
						storage tank facility with an aggregate aboveground storage capacity greater
						than 21,000 gallons shall immediately notify the county emergency management
						agency, the Pennsylvania Emergency Management Agency and the Department.
						Downstream water companies, downstream municipalities and downstream industrial
						users within 20 miles of an aboveground storage tank facility located adjacent
						to surface waters shall be notified on a priority basis based on the proximity
						of the release by the owner or operator or the agent of the owner or operator
						within 2 hours of a release which enters a water supply or which threatens the
						water supply of downstream users. If the owner or operator or an agent fails to
						notify or is incapable of notifying downstream water users, the county
						emergency management agency shall make the required notification. This
						notification shall be done in accordance with section 904 of the act
						(35
						P.S. §
													6021.904).
(h) The owner or operator of a storage tank
						system or storage tank facility shall immediately notify the local fire
						authority where fire, explosion or safety hazards exist as a result of a
						release.
(i) Release reporting
						under this section and further corrective action under this subchapter are not
						required for the following releases if the owner or operator has control over
						the release, the release is completely contained and the total volume of the
						release is recovered and removed within 24 hours of the release:
(1) A release of petroleum to an aboveground
						surface, including within an emergency containment structure, that is less than
						25 gallons.
(2) A release of
						petroleum to a containment sump if the total volume of the release is contained
						below the lowest sump penetration.