Owners and operators of underground storage tank systems must report to the appropriate district office or the Austin central office of the commission within 24 hours, and follow the procedures in §334.74 of this title (relating to Release Investigation and Confirmation Steps) for any of the following conditions.

1. (1) The discovery by owners and operators, or written notification by others to the owner or operator, of released regulated substances at the UST site 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 by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the underground storage tank system, or an unexplained presence of water in the tank), unless the system equipment is found to be defective but not leaking.

3. (3) Monitoring results from a release detection method required under §334.50 of this title (relating to Release Detection) or other method that indicates a release may have occurred unless:

   1. (A) the monitoring device is found to be defective, and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result; or
   2. (B) in the case of inventory control, a second month of data does not confirm the initial result.
4. (4) For UST systems which are required to be of double-wall construction or secondarily contained and for UST systems in which interstitial monitoring is being employed for compliance with the requirements of §334.50 of this title (relating to Release Detection), whenever monitoring or observation indicates a breach in either the primary wall or secondary barrier (whether or not a release of regulated substance into the environment has occurred), unless the primary or secondary barrier is determined to be intact, and the monitoring equipment is found to be defective, and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result.

Source Note:The provisions of this §334.72 adopted to be effective September 29, 1989, 14 TexReg 4714.