1. (1) Upon confirmation of a release in accordance with Rule 335-6-15-.22 or after a release is identified in any other manner, unless directed to do otherwise by the Department, owners and operators must perform the following abatement measures:

   1. (a) Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment;
   2. (b) Visually inspect any aboveground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and groundwater;
   3. (c) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements);
   4. (d) 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 ADEM and local requirements;
   5. (e) Perform a preliminary investigation in accordance with Rule 335-6-15-.26;
   6. (f) Investigate to determine the possible presence of free product, and if found, begin free product removal as soon as practicable and in accordance with Rule 335-6-15-.27. Where free product is present, investigative and corrective actions must be initiated in accordance with Rules 335-6-15-.24 through 335-6-15-.34;
   7. (g) Where dissolved groundwater contamination is determined to occur, for example, the contamination of an on-site well with a regulated substance, investigative and corrective actions must be initiated in accordance with Rules 335-6-15-.24 through 335-6-15-.34.
2. (2) Within 20 days after release confirmation, or within another reasonable period of time determined by the Department, owners and operators must submit a report of initial response to the Department summarizing the initial abatement steps taken under paragraph (1) of this rule, the nature and estimated quantity of the regulated substance lost, information regarding the presence of free or dissolved product, tightness testing results where applicable, or any other resulting information or data.

Author: Sonja Massey, Curt Jonson, Lee Davis, Vernon H. Crockett

Statutory Authority: Code of Ala. 1975, §22-36-3.

History: Effective April 5, 1989. Amended: Filed August 28, 2003; effective October 2, 2003. Amended: Filed October 24, 2017; effective December 8, 2017. Amended: Published February 28, 2022; effective April 14, 2022.