At sites where investigations under §334.77 of this title (relating to Initial Abatement Measures and Site Check), or by other means, indicate the presence of free product, owner and operator must remove free product to the maximum extent practicable as determined by the executive director while continuing, as necessary, any actions required under §334.80 and §334.81 of this title (relating to Investigations for Soil and Groundwater Cleanup; and Corrective Action Plan). In meeting the requirements of this section, owners and operators must:

1. (1) conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges, or disposes of recovery by-products in compliance with applicable local, state, and federal regulations;
2. (2) use abatement of free product migration as a minimum objective for the design of the free product removal system;
3. (3) handle any regulated substances in a safe and competent manner to prevent fires, explosions, or other health hazards; and

4. (4) unless directed to do otherwise, prepare and submit to the executive director, within 45 days after confirming a release, a free product removal report that provides at least the following information:

   1. (A) the name of the person(s) responsible for implementing the free product removal measures;
   2. (B) the estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;
   3. (C) detailed information pertaining to the type of free product recovery system used;
   4. (D) whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;
   5. (E) the type of treatment applied to, and the effluent quality expected from any discharge;
   6. (F) the steps that have been, or are being taken to obtain necessary permits or other authorizations for any discharge;
   7. (G) the disposition of the recovered free product; and
   8. (H) any other related information requested by the executive director.

Source Note:The provisions of this §334.79 adopted to be effective September 29, 1989, 14 TexReg 4714.