| (a) Unless directed to do otherwise by the agency, owners and
operators must perform the following abatement measures:
(1) remove as much of the regulated substance from the aboveground
storage tank (AST) or underground storage tank (UST) system as is necessary
to prevent further release to the environment;
(2) visually inspect any aboveground releases or exposed below
ground releases and prevent further migration of the released substance into
surrounding soils and groundwater;
(3) continue to monitor and mitigate any additional fire and
safety hazards posed by vapors or free product that have migrated from the
AST or UST excavation zone and entered into subsurface structures (such as
sewers or basements);
(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 must comply with applicable state and local
requirements;
(5) measure for the presence of a release where contamination
is most likely to be present at the AST or UST site, unless the presence and
source of the release have been confirmed in accordance with the site check
required by §334.74 of this title (relating to Release Investigation
and Confirmation Steps) or the closure site assessment of §334.55(e)
of this title (relating to Permanent Removal from Service). In selecting sample
types, sample locations, and measurement methods, the owner and operator must
consider the nature of the stored substance, the type of backfill, depth to
groundwater, and other factors as appropriate for identifying the presence
and source of the release; and
(6) investigate to determine the possible presence of Non-Aqueous
Phase Liquids (NAPLs) and begin NAPL removal as soon as practicable and in
accordance with §334.79 of this title (relating to Removal of Non-Aqueous
Phase Liquids).
(b) Within 20 days after release confirmation, owners and operators
must submit a report to the agency summarizing the initial abatement steps
taken under subsection (a) of this section and any resulting information or
data unless another reporting period is specified by the agency.
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| Source Note: The provisions of this §334.77 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective January 2, 1995, 19 TexReg 10104; amended to be effective November 23, 2000, 25 TexReg 11442 |
