(1)If a release is
detected or suspected, the owner or operator shall immediately take all actions
necessary to mitigate or stop the release and shall mitigate fire and safety hazards.
(2)Upon detection of any release of reportable quantities of a regulated
substance from an underground storage tank, the owner or operator shall report
such release to the director of the division of oil and public safety within twenty-four hours of its detection. However, the local fire authority shall be notified
immediately if such release exceeds reportable quantities. If the director of the
division of oil and public safety determines that the release of such reportable
quantity will affect subsurface soils, groundwater, or surface water, the
department may require the owner or operator to ta
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(1) If a release is
detected or suspected, the owner or operator shall immediately take all actions
necessary to mitigate or stop the release and shall mitigate fire and safety hazards.
(2) Upon detection of any release of reportable quantities of a regulated
substance from an underground storage tank, the owner or operator shall report
such release to the director of the division of oil and public safety within twenty-four hours of its detection. However, the local fire authority shall be notified
immediately if such release exceeds reportable quantities. If the director of the
division of oil and public safety determines that the release of such reportable
quantity will affect subsurface soils, groundwater, or surface water, the
department may require the owner or operator to take corrective action in
accordance with section 8-20.5-209.
(3) If the director of the division of oil and public safety or a designee finds
that a release has occurred, and the owner or the operator cannot be identified, or
is unwilling to mitigate or stop the release or mitigate fire and safety hazards, the
director of the division of oil and public safety or a designee may initiate free
product removal and whatever other actions are necessary to mitigate fire and
safety hazards.
(4) For the purpose of enforcing this section, if a release poses an imminent
and substantial threat to human health and the environment, the director of the
division of oil and public safety or a designee is authorized to take such action as is
necessary under the circumstances, including but not limited to:
(a) Entering any property, premises, or place where an underground storage
tank is located;
(b) Monitoring or testing or requiring the owner or the operator to monitor or
test any underground storage tank or any surrounding soils, groundwater, or
surface water. A duplicate sample taken for testing shall be provided to any person,
at such person's request, who the director of the division of oil and public safety or
a designee reasonably believes may be responsible for the release. A duplicate
copy of the analytical report pertaining to the samples taken pursuant to this
paragraph (b) shall be provided as soon as practicable to any person who the
director of the division of oil and public safety or a designee reasonably believes
may be responsible for the release. When such tests are performed, the director of
the division of oil and public safety shall notify, when possible, any person
reasonably believed to be an owner or operator.
(c) Entering any site or premises in which records relevant to the operation of
an underground storage tank are maintained and to inspect and copy such records.
(5) If such entry or inspection is denied or not consented to, the director of
the division of oil and public safety or a designee shall obtain, from the district or
county court for the judicial district or county in which such property, premises, or
place is located, a warrant to enter and inspect any such property, premises, or
place prior to entry and inspection. The district and county courts of the state of
Colorado are authorized to issue such warrants upon proper showing of the need
for such entry and inspection.
(6) If requested by the director of the division of oil and public safety or a
designee, the owner or the operator of an underground storage tank shall provide
any information in such owner's or operator's possession regarding the tank.