Section 329IAC9-5-3.2. Initial abatement measures and site check

  2. (a) The owner and operator shall perform the following abatement measures:

(1) Remove as much of the regulated substance from the UST system as necessary to prevent further release to the environment.

(2) Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and ground water.

(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the underground storage tank excavation zone and entered into subsurface structures, which may include:

(A) storm sewers;

(B) sanitary sewers;

(C) utility lines;

(D) inhabitable buildings with a basement or crawlspace; or

(E) underground conduits.

(4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator shall comply with applicable state and local requirements.

(5) Measure for the presence of a release where the contaminant is most likely to be present at the underground storage tank site unless the presence and source of the release have been confirmed in accordance with the site check required by 329 IAC 9-4-3(2) or the closure site assessment of 329 IAC 9-6-2.5. In selecting sample types, sample locations, and measurement methods, the owner and operator shall consider the nature of the stored substance, the type of backfill, depth to ground water, and other factors as appropriate for identifying the presence and source of the release.

(6) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with section 4.2 of this rule.

  (b) If:

(1) drinking water is affected;

(2) free product is present; or

(3) vapors are present in:

(A) storm sewers;

(B) sanitary sewers;

(C) utility lines;

(D) inhabitable buildings with a basement or crawlspace; or

(E) underground conduits;

within twenty (20) days after release confirmation, the owner and operator shall submit a report to the agency summarizing the initial abatement measures taken under subsection (a) and any resulting information or data. (Solid Waste Management Division; 329 IAC 9-5-3.2; filed Aug 30, 2004, 9:35 a.m.: 28 IR 160)