Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 006 - CHAPTER 9 - ABOVEGROUND STORAGE TANK RULES › Section 12 032 006 - CHAPTER 9 - ABOVEGROUND STORAGE TANK RULES

Current through June, 2024
SUBCHAPTER 1 GENERAL PROVISIONS
101 Authority
These rules are adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by 10 V.S.A. Chapter 59
				  Section 1929a and 10 V.S.A. Chapter 159.
102 Purpose and Applicability
These rules are intended to protect public health and the
				  environment by:
(1) Establishing
				standards for the design, installation, and inspection of all aboveground
				storage tank systems; and
(2)
				Establishing standards for the design, installation, and inspection of all bulk
				storage tank systems.
103 Release Prohibition; Reporting; Emergency
				Response
(a) Release prohibition. The release
				of hazardous materials, including from spills or tank overflows, into the
				surface or groundwater, or onto the land of the State is prohibited.
(b) Releases and suspected releases. Any
				person required by
				10
				V.S.A. §
												6617 shall immediately report a
				release or suspected release that meets any of the following criteria to the
				Secretary:
(1) A release of any petroleum
				product that exceeds 2 gallons;
(2)
				A release of any petroleum product that is less than or equal to 2 gallons and
				poses a potential or actual threat to human health or the
				environment;
(3) A release of any
				hazardous material other than petroleum; or
(4) A suspected release of hazardous material
				as indicated by the following:
(i) An unusual
				loss of product from the aboveground storage tank;
(ii) Strong petroleum vapors present in the
				vicinity of the aboveground storage tank; or
(iii) Other environmental conditions present
				in the vicinity of the tank, the facility, or off the facility site that
				indicate that a release may have occurred (e.g., dead vegetation around the
				tank system).
Note: Reporting under this subsection shall be directed
				  to:
Monday through Friday, 7:45 AM to 4:30 PM:
Waste Management & Prevention Division at (802)
				  828-1138.
At all other times: Division of Emergency Management and
				  Homeland Security at (800) 641-5005.
Note: Under the Federal Water Pollution Control Act, certain
				  spills of oil and/or hazardous substances are prohibited and shall be reported
				  pursuant to the requirements of 40 CFR Part 110 / Discharge of Oil. Certain
				  spills of hazardous substances shall also be reported pursuant to CERCLA. In
				  both cases, the National Response Center shall be notified at (800)
				  424-8802.
(c) Site investigation; corrective actions.
				Any person responsible for a release pursuant to
				10 V.S.A. §
												6615 shall perform an investigation and
				corrective action measures to address the release in accordance with
				10 V.S.A. §
												6615b and any other regulations and
				procedures adopted by the Agency for the investigation and clean-up of
				contaminated properties.
(d)
				Emergency response.
(1) Notwithstanding the
				requirements of subsection (c) of this section, the Secretary may require an
				emergency response when the Secretary determines that a release may cause an
				immediate and serious threat of harm to human health or the
				environment.
(2) When undertaking
				emergency responses pursuant to this subsection, notification to the
				potentially responsible party pursuant to
				10 V.S.A. §
													1283 in advance of undertaking an emergency
				response is not required, unless:
(A) The
				Secretary determines that there is need for additional investigation of the
				release to determine the impact to sensitive receptors and to human health and
				that it is appropriate for the potentially responsible party to conduct the
				investigation; or
(B) The Secretary
				determines that an additional response is necessary to address short-term
				impacts to sensitive receptors and impacts to human health, and that it is
				appropriate for the potentially responsible party to conduct the additional
				response.
(3) The
				Secretary shall conduct or direct the potentially responsible party to conduct
				a limited site investigation to determine if the release requires further site
				investigation or corrective action. As used in this subsection, "limited site
				investigation" means the steps the Secretary deems necessary to determine
				whether additional site investigation or corrective action is necessary to
				respond to the release.
104 Severability
The provisions of these rules shall be severable. If any
				  provision of these rules is invalid or if any application of these rules to any
				  person or circumstance is invalid, the invalidity shall not affect other
				  provisions or applications that can be given effect without the invalid
				  provision or application.
105 Incorporation by Reference
When reference is made herein to CFR titles, their parts,
				  subparts, or sections, the reference is to titles of the Code of Federal
				  Regulations as they existed on the effective date of these rules.