49-1052. Noncorrective actions; baseline assessment

A. A baseline period of seven years after January 1, 2016 is established for underground storage tanks. Beginning January 1, 2016, during the baseline period, an owner, operator or person who meets the requirements of section 49-1016, subsection C may do the following:

1. Elect to conduct a baseline assessment pursuant to this section.

2. Request monies to cover costs associated with the baseline assessment pursuant to section 49-1071.

3. Request the department to perform the baseline assessment under section 49-1017.02.

B. The department shall establish standards for conducting baseline assessments pursuant to this section. Until the department establishes standards by rule or by guidance documents, baseline assessment work plans shall be submitted to the department for approval and shall be considered for preapproval on a case-by-case basis, based on compliance with subsection D of this section.

C. Baseline assessments shall be conducted under the direction of a person who is a professional engineer or a registered geologist who is registered under title 32, chapter 1 or a remediation specialist.

D. The scope of the baseline assessment shall address likely release areas and shall include a collection of sufficient information to allow for a determination of the current environmental condition of the property. Samples shall be collected in areas where contamination is most likely to have occurred and sample locations shall consider site-specific conditions, location of potential receptors and preexisting contamination. The baseline assessment must include the registered or certified professional's interpretation regarding confirmation of an unknown release and evaluation of potential risk for the purpose of prioritizing corrective actions.

E. If unknown contamination is identified in the baseline assessment, all of the following apply:

1. The owner, operator or person that meets the requirements of section 49-1016, subsection C shall comply with the reporting requirements pursuant to section 49-1004 and shall initiate corrective actions pursuant to section 49-1005.

2. Unless documentation is provided to the department that demonstrates that the operating underground storage tank is not the source of the release, the department shall require tightness testing.

3. If continued operation of the underground storage tank may result in a continued release, the department may initiate delivery prohibition as prescribed in section 49-1023.