NAC459.996. Releases: Reporting; protection of site; inspection by Division.

     1. The owner or operator of a storage tank shall report any release promptly in accordance with the requirements of NAC 445A.347 and 40 C.F.R. § 280.61 if the release from the storage tank is confirmed in accordance with the provisions of 40 C.F.R. § 280.52. The owner or operator shall submit the report regardless of the amount of the release for which the report is submitted.

     2. The owner or operator of a facility where a storage tank is located shall, in accordance with the reportable quantities established in NAC 445A.347 and 40 C.F.R. § 280.53, report each spill or overfill and the discovery of any soil contaminated by any previous spill or overfill.

     3. The owner or operator shall take all steps for initial response and abatement prescribed in 40 C.F.R. §§ 280.60, 280.61 and 280.62 to protect the site of the release from further damage.

     4. The owner or operator shall permit the Division to inspect any property or records relating to the release or damage caused by the release.

     5. As used in this section, “spill or overfill” means any release of a regulated substance that occurs:

     (a) Above the surface of the ground at a facility where a storage tank is located;

     (b) From a dispenser for motor fuel above the sheer valve for the dispenser; or

     (c) From any ancillary equipment for the tank system that:

          (1) Is not included in any system for the detection of a leak; and

          (2) Is accessible to visual inspection.

     (Added to NAC by Environmental Comm’n, eff. 6-11-90; A 1-23-96; R189-08, 8-25-2009)