PURPOSE: This rule describes the steps for reporting and cleanup of spills.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Owners and operators of underground storage tank (UST) systems must contain and immediately cleanup a spill or overfill. The spill or overfill must be reported to the department within twenty-four (24) hours. Owners and operators must begin corrective action in accordance with 10 CSR 20- 10.060—10 CSR 20-10.067 in the following cases:

   1. (A) Spill or overfill of petroleum that results in a release to the environment that exceeds twenty-five (25) gallons or that causes a sheen on nearby surface water; and
   2. (B) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (40 CFR 302).
2. (2) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than twenty-five (25) gallons or another reasonable amount specified by the department and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within twenty-four
3. (24) hours, owners and operators must immediately notify the department.
4. (3) A release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within twenty-four (24) hours) to the National Response Center under Sections 102 and 103 of CERCLA (40 CFR 302.6) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986 (40 CFR 355.40).

AUTHORITY: sections 319.109, RSMo (Cum. Supp. 1989) and 644.026, RSMo (Cum. Supp. 1993).* Original rule filed April 2, 1990, effective Sept. 28, 1990.

*Original authority: 319.109, RSMo (1989) and 644.026, RSMo (1972), amended 1973, 1987, 1993.