Intro by Nicholas Gahl, Gahl Legal Group
Alert your gas station owner and operator clients about the five most cited violations. In 2017, inspectors from IDEM’s Underground Storage Tank (UST) branch found five common violations at petroleum UST facilities. In addition to the tips provided by IDEM, keep these topics in mind during the buying and selling of a property with a UST. Specifying the required notifications and deadlines in the purchase agreement, for instance, will alert both parties and ideally avoid a violation.
- Failure to submit notification to register the tank or UST system.
Tip: Submit notice to IDEM to register the tank or UST system within 30 days of owning or bringing the system or tank into use, per 329 IAC 9-2-2(b) [PDF]. “Into use” means the tank or UST system contains or has contained a regulated substance and has not been closed under 329 IAC 9-6.
- Failure to provide monthly release detection for USTs.
Tip: Monitor all USTs at least every 30 days using one of the methods listed in 329 IAC 9-7-4(4) through 329 IAC 9-7-4(8), per 329 IAC 9-7-2 [PDF]. Learn the exceptions and acceptable methods for tank leak detection in 329 IAC 9-7-4.
- Failure to provide proof of financial responsibility.
Tip: Maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility for a UST, per 329 IAC 9-8-21(a) [PDF], until released from the requirements under 329 IAC 9-8-23. Always maintain the evidence at the UST site or the owner or operator's place of work. Records maintained off-site must be made available upon request.
- Failure to have financial responsibility.
Tip: Demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum UST in a per occurrence amount of at least one million dollars ($1,000,000), per 329 IAC 9-8-4(a) [PDF].
- Failure to maintain proper release detection methods for piping.
Tip: Conduct each method of release detection for piping used to meet 329 IAC 9-7-2 in accordance with automatic line leak detectors, line tightness testing, and applicable tank methods, per 329 IAC 9-7-5 [PDF].
In addition, UST owners or operators also must maintain accurate and current records and be able to produce these records upon request. The full article is found on IDEM’s website here.
If you would like to submit content or write an article for the Environmental Law Section, please email Kara Sikorski at firstname.lastname@example.org.