1. (1) The discovery of petroleum outside of an AST system at the facility or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water).
2. (2) Unusual operating conditions observed (such as the erratic behavior of petroleum-dispensing equipment, the sudden loss of product from the AST system, an unexplained presence of water in the AST, or water or petroleum in the interstitial space of secondarily contained systems), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced.

3. (3) Monitoring results, including alarms, from an inspection or leak detection method required under section 613-4.3(a) of this Subpart indicate that a leak may have occurred unless the monitoring device is found to be defective, and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result.

   (b) Investigation due to off-site impacts.

   When required by the department, a facility must follow the procedures in subdivision (c) of this section to determine if the AST system is the source of off-site impacts. These impacts include the discovery of petroleum (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the department or brought to its attention by another party.

   (c) Leak investigation and confirmation steps.

   Unless corrective action is initiated in accordance with Subpart 613-6 of this Part, a facility must investigate any suspected leak of petroleum using either one of the methods described in paragraph (1) or (2) of this subdivision or another procedure approved by the department. The investigation must commence within 48 hours following the reporting required under subdivision (a) of this section. The investigation must be completed within seven days following the reporting required under subdivision (a) of this section.

4. (1) Inspection. Every facility must conduct an AST system inspection in accordance with section 613-4.3(b)(2)(i) of this Subpart to determine whether a leak exists in the AST system.

   1. (i) If the inspection confirms a leak, the facility must initiate corrective action in accordance with Subpart 613-6 of this Part before any repair to the AST system is undertaken.
   2. (ii) Further investigation is not required if the inspection results do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a leak.
   3. (iii) The facility must conduct a site check as described in paragraph (2) of this subdivision if the inspection results for the AST system do not indicate that a leak exists but environmental contamination is the basis for suspecting a release.

5. (2) Site check. Every facility must measure for the presence of a release where contamination is most likely to be present at the facility. In selecting sample types, sample locations, and measurement methods, the facility must consider the nature of the type of petroleum, the type of initial alarm or cause for suspicion, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release.

   1. (i) If the samples indicate that a release has occurred, the facility must begin corrective action in accordance with Subpart 613-6 of this Part.

   2. (ii) If the samples do not indicate that a release has occurred, further investigation is not required.

      (d) Response to spills and overfills.

6. (1) A facility must report every spill to the department’s spill hotline (518-457-7362) within two hours after discovery, contain the spill, and begin corrective action in accordance with the requirements of Subpart 613-6 of this Part except if the spill meets the following conditions:

   1. (i) it is known to be less than five gallons in total volume;
   2. (ii) it is contained and under the control of the spiller;
   3. (iii) it has not reached and will not reach the land or waters of the State; and
   4. (iv) it is cleaned up within two hours after discovery.
7. (2) A facility must immediately discontinue operation of any leaking AST system and take the AST system out of service or close the AST system pursuant to provisions of section 613-4.5(a) or (b) of this Subpart, respectively.

(a) Reporting of suspected leaks.

A facility must report a suspected leak to the department’s spill hotline (518-457-7362) within two hours after discovery and follow the procedures in subdivision (c) of this section for any of the following conditions: