SENATE BILL NO. 626 in the state of Virginia is addressing new regulations for Aboveground Storage Tanks; Hazardous Substance Aboveground Storage Tank Fund; civil and criminal penalties.
This directs the State Water Control Board to regulate aboveground storage tanks that measure more than 1,320 gallons in capacity and are used to contain hazardous substances other than oil.
The bill requires tank owners to register their tanks, pay certain registration fees, develop release response plans, upgrade certain older tanks, install containment infrastructure for certain aboveground storage tanks, notify certain parties in the event of a release of a regulated substance, and demonstrate their financial responsibility.
The bill directs the Board to adopt regulations that establish requirements for registration, certification, and inspection, and other requirements of tank owners, and that establish a schedule of fees.
The bill authorizes the Board to undertake corrective action, or to require the owner to undertake corrective action, in the event of a discharge of a hazardous substance.
The bill also creates the Hazardous Substance Aboveground Storage Tank Fund for the administration of the bill and provides for civil and criminal penalties for violations of requirements of the bill, with the moneys received to be deposited into the existing Virginia Environmental Emergency Response Fund.
The regulated community has until January 1, 2021 to register their new Haz Substance tanks.
- 62.1-44.34:31. Registration of aboveground storage tanks.
- By January 1, 2021, the operator of any aboveground storage tank shall register such tank with the Director. The registration for each aboveground storage tank shall contain the following information:
- Information about the operator of the aboveground storage tank, including the operator’s name and address and information about the operator’s contact person.
- Information about the owner of the tank, including the owner’s name and address and information about the owner’s contact person.
- Information about the facility at which the tank is located, including its name and address, information about any on-site contact person, and the number of aboveground storage tanks at the same facility.
- The date of installation of the tank.
- The GPS (Global Positioning System) coordinates of the tank.
- The capacity of the tank in gallons.
- The current status of the tank, whether in service or out of service.
- The manufacturer and model number of the tank, if known.
- The current contents of the tank.
- The predominant contents of the tank. For purposes of this section, “predominant contents” means the hazardous substance that was in the aboveground storage tank for the longest duration during the 12-month period preceding the registration or renewal.
- The material of which the tank is constructed, including concrete, steel, plastic, fiberglass, or another material.
- The material of which any release prevention barrier for the tank is constructed, including concrete, steel, plastic, fiberglass, or another material.
- The type of cathodic protection provided for the tank, if any.
- The type of overfill protection provided for the tank, if any.
- The type of leak detection system provided for the tank, if any, including visual monitoring, an in-tank gauging system, interstitial monitoring, soil vapor monitoring, or another system.
The registration shall be signed by an authorized representative of the operator, who shall certify on the registration: “I certify under penalty of perjury that I have personally examined and am familiar with the information submitted in this registration and that I believe that the submitted information is true, accurate, and complete.”
Each operator shall send a copy of the registration for each aboveground tank to the local director of emergency management appointed pursuant to § 44-146.19.
- The Director may prepare an appropriate registration form or online submission system upon which an operator can provide the information required in this section. An operator shall be able to register multiple aboveground storage tanks using a single form or submission.
- Each registration shall be accompanied by a registration fee, payable to the State Treasurer and creditable to the Hazardous Substance Aboveground Storage Tank Fund established pursuant to § 62.1-44.34:38, as follows: $150 for any aboveground storage tank with a capacity of less than 5,000 gallons; $250 for any aboveground storage tank with a capacity of 5,000 gallons or more but less than 25,000 gallons; and $600 for any aboveground storage tank with a capacity of 25,000 gallons or more. No political subdivision of the Commonwealth shall charge a fee in connection with the registration of any aboveground storage tank under this article.
- An operator shall, within 30 days after the installation of a new aboveground storage tank, submit a registration and the appropriate registration fee to the Director and send a copy of the registration to the local director of emergency management.
- Beginning July 1, 2022, and ending January 1, 2023, or within 30 days of any change in title to an aboveground storage tank that occurs before July 1, 2022, each operator shall submit a registration renewal to the Director and the local director of emergency management. Such registration renewal shall contain the information required in subsection A and shall be accompanied by the appropriate registration fee listed in subsection C.
To read the entire bill click here http://leg1.state.va.us/cgi-bin/legp504.exe?201+ful+SB626+hil
For more information on site inventory, registration regulations, spill plans and inspections contact: Patricia Stock, Director of Inspections at patricias@ttienv.com or Karen Buniak, Program Manager at karenb@ttienv.com
