(a) Unless directed to do otherwise by the agency, owners and operators must perform the following abatement measures:
  (1) remove as much of the regulated substance from the aboveground storage tank (AST) or underground storage tank (UST) system as is necessary to prevent further release to the environment;
  (2) visually inspect any aboveground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and groundwater;
  (3) continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the AST or UST excavation zone and entered into subsurface structures (such as sewers or basements);
  (4) remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements;
  (5) measure for the presence of a release where contamination is most likely to be present at the AST or UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by §334.74 of this title (relating to Release Investigation and Confirmation Steps) or the closure site assessment of §334.55(e) of this title (relating to Permanent Removal from Service). In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release; and
  (6) investigate to determine the possible presence of Non-Aqueous Phase Liquids (NAPLs) and begin NAPL removal as soon as practicable and in accordance with §334.79 of this title (relating to Removal of Non-Aqueous Phase Liquids).
(b) Within 20 days after release confirmation, owners and operators must submit a report to the agency summarizing the initial abatement steps taken under subsection (a) of this section and any resulting information or data unless another reporting period is specified by the agency.

Source Note: The provisions of this §334.77 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective January 2, 1995, 19 TexReg 10104; amended to be effective November 23, 2000, 25 TexReg 11442