§ 245.561. Permanent closure or change-in-service.

 Before permanent closure or change-in-service is completed, the owner/operator shall comply with the following:

   (1)  At least 30 days before beginning either a permanent closure or change-in-service to an unregulated tank, or within a lesser time as determined by the Department, the owner/operator shall notify the Department of its intent to permanently close or change-in-service from a regulated tank to an unregulated tank, unless the action is in response to a corrective action or waived by the Department.

   (2)  The owner/operator shall submit an amended registration form to the Department indicating the change in tank status within 30 days after the change in tank status.

   (3)  The owner/operator shall complete a site assessment to measure for the presence of any release from the storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and may be conducted in a manner consistent with the Department’s technical document entitled ‘‘Closure Requirements for Aboveground Storage Tank Systems’’ or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. The results of the site assessment and the closure report shall be retained for 3 years.

   (4)  If contaminated soil, sediment, surface water or groundwater, or free product is discovered or confirmed by either direct observation or indicated by the analytical results of sampling, the owner/operator shall proceed with the corrective action as required in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) or, if applicable, in accordance with remedial action agreements.

   (5)  Regulated substance and contents removed from the tank system including piping shall be reused, treated or disposed of in a manner consistent with applicable State and Federal waste management requirements.

   (6)  Tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or tank systems shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste).

   (7)  Tanks to be permanently closed and left onsite shall be legibly marked with the date of permanent closure.

   (8)  The appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.

   (9)  Tanks that are to be closed in place shall:

     (i)   Be rendered inoperable and incapable of storing liquid substance.

     (ii)   Be secured against unauthorized entry.

     (iii)   Meet the requirements specified in paragraphs (1)—(8).

   The provisions of this §  245.561 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979. Immediately preceding text appears at serial pages (254863) to (254864).

   This section cited in 25 Pa. Code §  245.516 (relating to recordkeeping requirements).