Release Reporting Requirements
In accordance with 2.2.a of 47CSR11, effective on July 1st, 1987 and 6.2 of 47CSR63, effective August 1st, 2016, confirmed releases must be immediately reported to the WVDEP emergency notification number at: 1-800-642-3074
No person shall knowingly allow unintentional release from an AST to continue without taking immediate action to mitigate the release. The release reporting requirements apply to ALL ASTs, Level 1, Level 2 and register and label (RL). Below you will find some brief guidance on reporting releases. However, the following guidance does not substitute for reading the AST rule, 47CSR63.
Who is responsible for reporting a release from an AST?
Aboveground Storage Tank owners or operators are required by law to report confirmed, threatened or suspected releases. The type of release will determine the reporting requirements.
Types of Releases?
There are two different types of releases, “Confirmed” and “Suspected or Threatened”. All releases must be reported but depending on the type of release reporting requirements will vary.
- “Confirmed” releases are defined as “verification that a substance has been discharged from the AST system components into the waters of the state or has escaped from secondary containment.”
- “Suspected or Threatened” release means a potential exist that an unplanned or unintentional discharge of substance from an AST system may have occurred or, based upon information obtained from any source, may occur, such as substance from the AST observed in the secondary containment structure, testing, sampling, monitoring results from a release detection method or observed unusual operating conditions of an AST system. Releases from an AST into secondary containment should be treated as a suspected or threatened release.
Confirmed Releases FAQ
Q: When am I required to report a confirmed release?
A: “Confirmed” release must immediately be reported upon discovery.
Q: Who do I need to report a confirmed release to?
A: “Confirmed” release must be reported to the county or municipal emergency management agencies in the county where the AST is located and the DEP spill line at 1-800-642-3074.
Q: What actions or procedures do I take after I have notified of a confirmed release?
A: In the event of a confirmed release owners and operators must comply with the requirements of Section 7 (Corrective Action) of the AST rule. It is important to begin immediate actions to contain the release and mitigate fire, explosion, and safety hazards posed by the release.
Suspected or Threatened Releases FAQ
Q: When am I required to report a suspected or threatened release?
A: “Suspected or Threatened” release must be reported within 24 hours unless the owner is able to determine within that time period that the release was actually a false alarm.
Q: Who am I required to report a suspected or threatened release to?
A: “Suspected or Threatened” release must be reported to the WVDEP. It is suggested that you contact the AST inspector of the county were the tank is located. In the event there is a vacant position or an inspector cannot be reached within the 24 hour time frame you may contact the inspector supervisor of the region. Click here for a link to the full list of AST contacts.
Q: What actions or procedures do I take after I have notified of a suspected or threatened release?
A: In the event of a “Suspected or Threatened” release the owner or operator must comply with Section 6.3 of the AST rule to investigate whether a “confirmed” release has occurred or not.
In the event that a “Suspected or Threatened” release is identified as a “Confirmed” release, the owner or operator must immediately report to the DEP spill line at 1-800-642-3074, contact the county or municipal emergency management agencies in the county where the AST is located, and follow the procedures outlined in Section 7 (Corrective Action) of the AST rule.