If there has been a leak or a spill from a tank system or secondary containment system, or if either system is unfit for use, you must remove the system from service immediately, and you must satisfy the following requirements:
(a) Immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
(b) Remove the waste from the tank system or secondary containment system.
(1) If the release was from the tank system, you must, within 24 hours after detecting the leak, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
(2) If the material released was to a secondary containment system, you must remove all released materials within 24 hours or as quickly as possible to prevent harm to human health and the environment.
(c) Immediately conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or surface water.
(2) Remove, and properly dispose of, any visible contamination of the soil or surface water.
(d) Report any release to the environment, except as provided in paragraph (d)(1) of this section, to the Regional Administrator within 24 hours of its detection. If you have reported the release pursuant to 40 CFR part 302, that report will satisfy this requirement.
(1) You need not report on a leak or spill of hazardous waste if it is:
(i) Less than or equal to a quantity of one (1) pound; and
(ii) Immediately contained and cleaned up.
(2) Within 30 days of detection of a release to the environment, you must submit a report to the Regional Administrator containing the following information:
(i) The likely route of migration of the release.
(ii) The characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).
(iii) The results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, you must submit these data to the Regional Administrator as soon as they become available.
(iv) The proximity to downgradient drinking water, surface water, and populated areas.
(v) A description of response actions taken or planned.
(e) Either close the system or make necessary repairs.
(1) Unless you satisfy the requirements of paragraphs (e)(2) and (3) of this section, you must close the tank system according to § 267.201.
(2) If the cause of the release was a spill that has not damaged the integrity of the system, you may return the system to service as soon as you remove the released waste and make any necessary repairs.
(3) If the cause of the release was a leak from the primary tank system into the secondary containment system, you must repair the system before returning the tank system to service.
(f) If you have made extensive repairs to a tank system in accordance with paragraph (e) of this section (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), you may not return the tank system to service unless the repair is certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d).
(1) The engineer must certify that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.
(2) You must submit this certification to the Regional Administrator within seven days after returning the tank system to use.