§ 245.305. Reporting releases.
(a) The owner or operator of a storage tank system or storage tank facility shall notify the appropriate regional office of the Department as soon as practicable, but no later than 24 hours, after the confirmation of a release.
(b) The notice required by subsection (a) shall be by telephone and describe, to the extent of information available, the regulated substance involved, the quantity of the regulated substance involved, when the release occurred, where the release occurred, the cause of the release, the affected environmental media, information concerning impacts to water supplies, buildings or to sewer or other utility lines, and interim remedial actions planned, initiated or completed.
(c) Within 15 days of the notice required by subsection (a), the owner or operator shall provide written notification to the Department and to each municipality in which the release occurred, and each municipality where that release has impacted environmental media or water supplies, buildings or sewer or other utility lines.
(d) The owner or operator shall provide written notification to the Department and each impacted municipality of new impacts to environmental media or water supplies, buildings, or sewer or other utility lines discovered after the initial written notification required by subsection (c). Written notification under this subsection shall be made within 15 days of the discovery of the new impact.
(e) Written notification required by this section must contain the same information as required by subsection (b) and must be on a form provided by the Department.
(f) If the Department determines that a release poses an immediate threat to public health and safety, the Department may evaluate and implement reasonable procedures to provide the public with appropriate information about the situation which may, at a minimum, include a summary of the details surrounding the release and its impacts in a newspaper of general circulation serving the area in which the impacts are occurring.
(g) Upon the occurrence of a release at the aboveground storage tank, the owner or operator of a storage tank facility with an aggregate aboveground storage capacity greater than 21,000 gallons shall immediately notify the county emergency management agency, the Pennsylvania Emergency Management Agency and the Department. Downstream water companies, downstream municipalities and downstream industrial users within 20 miles of an aboveground storage tank facility located adjacent to surface waters shall be notified on a priority basis based on the proximity of the release by the owner or operator or the agent of the owner or operator within 2 hours of a release which enters a water supply or which threatens the water supply of downstream users. If the owner or operator or an agent fails to notify or is incapable of notifying downstream water users, the county emergency management agency shall make the required notification. This notification shall be done in accordance with section 904 of the act (35 P.S. § 6021.904).
(h) The owner or operator of a storage tank system or storage tank facility shall immediately notify the local fire authority where fire, explosion or safety hazards exist as a result of a release.
(i) Release reporting under this section and further corrective action under this subchapter are not required for the following releases if the owner or operator has control over the release, the release is completely contained and the total volume of the release is recovered and removed within 24 hours of the release:
(1) A release of petroleum to an aboveground surface, including within an emergency containment structure, that is less than 25 gallons.
(2) A release of petroleum to a containment sump if the total volume of the release is contained below the lowest sump penetration.
Source The provisions of this § 245.305 amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (347245) to (347246).
Cross References This section cited in 25 Pa. Code § 245.304 (relating to investigation and reporting of suspected releases); 25 Pa. Code § 245.310 (relating to site characterization report); 25 Pa. Code § 245.435 (relating to reporting and recordkeeping); 25 Pa. Code § 245.516 (relating to recordkeeping requirements); 25 Pa. Code § 245.618 (relating to permanent closure or change-in-service); and 25 Pa. Code § 977.34 (relating to claims reporting).
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