§ 6-2-66. REPORT OF LEAK OR ACCIDENTAL RELEASE.

(A)

This section applies to a storage facility that contains a hazardous material that is liquid or solid at standard temperature and pressure.

(B)

A permittee shall immediately report to the director a leak or accidental release of a hazardous material:

(1)

from a storage facility that does not have a secondary containment;

(2)

from a storage facility's secondary containment; or

(3)

if the leak or release increases the hazard of fire or explosion or causes a deterioration of the secondary containment.

(C)

A permittee shall record in the monitoring report a leak or accidental release of a hazardous material if:

(1)

the storage facility is a nonportable container with primary containment and secondary containment;

(2)

the leak or release is from the primary containment and the hazardous material is contained by the secondary containment;

(3)

the leak or release does not increase the hazard of fire or explosion or cause a deterioration of the secondary containment; and

(4)

the permittee is able to clean up the hazardous material within eight hours.

(D)

A report required by Subsection (B) must include:

(1)

a description of the permittee's ability to contain and dispose of the hazardous material;

(2)

the estimated time to complete containment and disposal; and

(3)

an assessment of the risk.

(E)

The director may review and modify or terminate a permit for a storage facility if:

(1)

there has been a leak or accidental release of a hazardous material; or

(2)

the director determines that the facility is unsafe.

(F)

In making a determination under Subsection (E), the director shall consider:

(1)

the age of the storage facility;

(2)

the methods of containment;

(3)

the condition of primary containment and secondary containment, if any;

(4)

the monitoring methods;

(5)

the feasibility of required repairs, if any;

(6)

the concentration of the hazardous substances stored;

(7)

the severity of potential leaks or accidental releases; and

(8)

the suitability of any other long-term preventative measures which would meet the requirements of this chapter.

Source: Section 14-3-104(A)-(C); Ord. 031023-10; Ord. 031211-11.