24.0819 Discharge of hazardous substances.

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In the event of a discharge, spill or release of any hazardous substance, including hazardous waste, from any facility where hazardous substances are disposed, kept for use, or stored, the owner or operator of such facility shall be responsible for the clean-up and remediation of the affected areas. In addition, the owner or operator shall:

(1) Take immediate and appropriate action to contain the discharge or release so that hazardous substances are prevented from reaching the waters of American Samoa or any conveyance thereto;

(2) Take other immediate and appropriate action to protect human health, welfare and the environment, like erecting barriers, posting warning signs, or diking off the exposed areas;

(3) Notify the AS-EPA, TEMCO, Public Health and the Department of Public Safety (DPS) of the discharge or release. The notice required by this section shall include:

(A) The chemical name or identity of any substance involved in the release;

(B) An estimate of the quantity of any such substance released;

(C) The time and duration of the release;

(D) The medium or media into which a release occurred;

(E) Any known or anticipated acute or chronic health risks associated with the emergency, and, where appropriate, advice regarding medical attention for exposed individuals;

(F) Proper precautions to take as a result of the release, including evacuation; and

(G) Actions already taken to respond and to contain the release.

(4) Take any other action required by the facility’s emergency response plan required under section 24.0812 of these standards and regulations.

History: Rule 02-01, eff 30 Aug 01.