(A) General provisions. All unauthorized releases shall be reported to the Emergency Services and Disaster Agency according to the provisions of this section. All unauthorized releases shall be recorded in the owner’s inspection and maintenance log. An unauthorized release is an “unauthorized release requiring recording” if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release is an “unauthorized release requiring reporting”. Reporting a release to the Emergency Services and Disaster Agency does not exempt or preempt any other reporting requirements under federal, state, or local laws.
(B) Unauthorized releases requiring recording.
(1) Unauthorized releases requiring recording shall be reported to the Emergency Services and Disaster Agency within 24 hours after the release has been or should have been detected.
(2) The incident report shall be accompanied by a written record including the following information:
(a) The type, quantities, and concentration of chemical substance(s) released;
(b) Method of cleanup;
(c) Method and location of disposal of the released chemical substances, including whether a hazardous waste manifest(s) is used;
(d) Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new operating permit; and
(e) Chemical substance source operator’s name and telephone number.
(3) The Emergency Services and Disaster Agency shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the operating permit, and may inspect the chemical substance source. The Emergency Services and Disaster Agency shall either find that the containment standards of this chapter can continue to be achieved or shall recommend the revocation of the permit to the Groundwater Protection Committee until appropriate modifications are made to allow compliance with the standards.
(C) Unauthorized releases requiring reporting.
(1) Unauthorized releases requiring reporting shall be verbally reported to the Emergency Services and Disaster Agency immediately.
(2) A written report shall be submitted promptly thereafter containing the following information that is known at the time of filing the report:
(a) List of type, quantity, and concentration of chemical substance(s) released;
(b) The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release;
(c) Method of cleanup implemented to date, proposed cleanup actions, and approximate cost of actions taken to date;
(d) Method and location of disposal of the released chemical substance sources and any contaminated soils, groundwater, or surface water;
(e) Proposed method of repair or replacement of the containment device; and
(f) Chemical substance source owner’s name and telephone number.
(3) Until cleanup is complete, the owner shall submit reports containing the reporting required by § 97.07(C) to the Code Enforcement Officer and the Emergency Services and Disaster Agency every month, or at a more frequent interval specified by the Inspector.
(4) The Emergency Services and Disaster Agency shall either find that the containment standards of this chapter can continue to be achieved or shall recommend the revocation of the permit until appropriate modifications are made to allow compliance with the standards.
(D) Violation of permit conditions. Upon confirmation of an unauthorized release to groundwater, the owner and operator shall be responsible for immediately accomplishing the following:
(1) Locate and determine the source of the unauthorized release of the chemical substance(s);
(2) Stop and prevent any further unauthorized release(s);
(3) Comply with the requirements for an unauthorized release(s) requiring reporting;
(4) No new chemical substance(s) may be introduced at the site of the chemical substance(s) that caused the violation; and
(5) If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the county or a public water supply well within 1,000 feet (305 meters) of the county, and if the chemical substance source owner fails to address the unauthorized release within 12 hours, the county or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil, and waste samples; and cleanup and disposal of regulated substances. The chemical substance source owner and operator jointly and severally shall be responsible for any costs incurred by the county or its authorized agents in the conduct of such remedial actions including, but not limited to, all consultant, engineering, and attorney fees.
(Prior Code, 6 TCC 6-12)