40 C.F.R. § 280.30

Spill and overfill control

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(a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

Note to paragraph (a).

The transfer procedures described in National Fire Protection Association Standard 385, “Standard for Tank Vehicles for Flammable and Combustible Liquids” or American Petroleum Institute Recommended Practice 1007, “Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles” may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, “Bulk Liquid Stock Control at Retail Outlets”.

(b) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with § 280.53.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: United States v. MacDonald & Watson Waste Oil Co., 933 F.2d 35 (1st Cir. 1991).

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United States v. MacDonald & Watson Waste Oil Co., 933 F.2d 35 (1st Cir. 1991). “, 40 C.F.R. § 280.30 and § 270.31. Depending on the kind of waste authorized to be stored under the permit, conditions are imposed that form part of the permit: for example, that waste be stored on a concrete pad surrounded by a containment berm, or that mutually reactive wastes…”

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