SECTION 334.75. Reporting and Cleanup of Surface Spills and Overfills

(a) Owners and operators of aboveground storage tanks (AST) and underground storage tank (UST) systems must contain and immediately clean up a spill or overfill, report the spill or overfill to the agency within 24 hours, and begin corrective action in accordance with §§334.76-334.81 of this title (relating to Initial Response to Releases; Initial Abatement Measures and Site Check; Site Assessment; Removal of Non-Aqueous Phase Liquids; Investigation for Soil and Groundwater Cleanup; and Corrective Action Plan) in the following cases:

(1) any spill or overfill of petroleum substance from an UST or any spill or overfill of petroleum product from an AST that results in a release to the environment that exceeds 25 gallons, or that causes a sheen on nearby surface water; and

(2) any spill or overfill of a hazardous substance that results in a release from an UST to the environment that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (40 Code of Federal Regulations (CFR) Part 302).

(b) Owners and operators must contain and immediately clean up a spill or overfill of any petroleum substance from an UST or any petroleum product from an AST that is less than 25 gallons. Owners or operators of USTs must contain and immediately clean up a spill or overfill of a hazardous substance that is less than the reportable quantity under CERCLA (40 CFR Part 302). If cleanup cannot be accomplished within 24 hours, owners and operators must immediately notify the agency.

Source Note: The provisions of this §334.75 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442