1192.06 UNDERGROUND STORAGE TANKS.
(a) Applicability.
(1) This Section applies to any person currently owning and/or operating or intending to own and/or operate any underground storage tank (UST) with a capacity exceeding fifty-five (55) gallons when located within the one (1) or five (5) year time-of-travel zone (TOT), or with a capacity meeting or exceeding five hundred (500) gallons or more when located within the ten (10) year TOT.
(b) Exemptions.
(1) The following USTs are exempt from regulation under this Section:
A. USTs containing de minimis quantities of a Regulated Substance.
A de minimis quantity is one (1) inch or less. Any claim that a UST contains de minimis quantities when storing more than one (1) inch of Regulated Substance shall be determined by the Development Services Director or Designee on a case-by-case basis. A Facility Operator must submit verification to the Development Services Director or Designee that the UST contains a de minimis quantity of a Regulated Substance when making any de minimis claim.
(c) Registration of UST Systems.
(1) Registration. All UST systems subject to regulation under this Section must be registered in accordance with Subsection 1192.04
(d)(1) of this Chapter. Any Facility Operator required to annually register a UST system with the State Fire Marshal under OAC 1301:7-9-04 may provide a copy of that registration to the Development Services Director or Designee to satisfy this registration requirement.
(2) Information. UST registration shall include, but is not limited to, information on the following:
A. Facility name, address, and phone;
B. Facility Operator, address, and phone;
C. Number, size, construction, date of installation, and location of USTs;
D. Regulated Substances stored in the UST; and
E. Brief description of the type of monitoring equipment used for tanks.
(3) New UST Registration. Any new UST system subject to regulation under this Section that is installed at a facility beginning operation after the effective date of this Chapter must be registered in accordance with Subsection 1192.04
(d)(1) no later than one hundred eighty (180) days after beginning operation.
(4) Registration of Previously Exempt Facilities. Any previously exempt Facility that becomes subject to regulation under this Section due to:
A. Installation of an UST subject to regulation under this Section;
B. Return to service of any temporarily abandoned UST or UST containing de minimis quantities of Regulated Substances; and/or
(5) Amending Registrations. A Facility Operator must amend, or at the request of the Facility Operator, the Development Services Director or Designee must amend an existing UST registration no later than sixty (60) days after any:
A. Replacement of an existing UST system;
B. Change in ownership or management of the Facility;
C. Return to service of any temporarily abandoned UST or UST containing de minimis quantities of Regulated Substances;
D. Permanent abandonment and/or removal of a UST; and/or
E. Change in the delineated Source Water Protection Area as specified in Subsection 1192.02(b) of this Chapter.
A Facility Operator choosing to have their facility registration amended by the Development Services Director or Designee must contact the Development Services Director or Designee no less than thirty (30) days before a registration is due to ensure completion of the registration within the allowed sixty (60) day time frame.
(6) Registration of Multiple Facilities. Any person owning and/or operating more than one Facility subject to regulation under this Section must register each regulated Facility separately in accordance with the provisions of this Section.
(d) UST Installation Requirements.
(1) BUSTR Sensitive Area USTs. All USTs subject to regulation under the BUSTR Sensitive Area regulations (OAC §1301:7-9-10) must be installed in accordance with those requirements when installed in the Source Water Protection Area.
(2) Underground Storage Release Compensation Board. All petroleum UST systems subject to SWPA provisions must hold a current and valid certificate of coverage from the State of Ohio Petroleum Underground Storage Tank Release Compensation Board.
(3) Heating Fuel USTs; Diesel Fuel USTs. Heating fuel and diesel fuel USTs subject to regulation under this Section must be must be vaulted in accordance with Subsection 1192.06
(d)(4) herein.
(4) Other USTs. UST systems installed for permanent storage, use, or handling of Regulated Substances other than vehicles fuels, vehicle lubricants, and fuel for building and/or process heating must be vaulted in accordance with Subsection 1192.06
(d)(4) herein.
(5) Vaulted USTs. Vaults must meet the criteria specified in OAC 1301:7-9- 10(C)(2)(a) and (c). The Facility Operator must inspect the vaulted UST at least once every thirty (30) days for visible signs of leaks, cracks, or other structural defects that may result in the release of the substance into the vault or surrounding soils.
(6) Any UST system which, on the effective date of this Chapter,
A. is being installed;
B. has received approval from the State Fire Marshal or Ohio EPA to be installed; or
C. is being reviewed by the State Fire Marshal or Ohio EPA for a permit to install is considered an existing UST system for the purposes of this Section.
(e) Upgrading/Replacement of UST Systems.
(1) For the purpose of this Section, replacement of an existing UST shall be considered installation of a new system and required to comply with any applicable federal, state, and local regulations for the installation of new USTs in addition to the provisions of this Section, unless specified otherwise.
(f) Temporary Placement Out-of-Service, Temporary Closure, Abandonment, Removal, and Change in Service of UST Systems.
(1) Compliance. Facility Operators must comply with all applicable federal, state, and local regulations for the temporary placement out of service, closure, abandonment, removal, or change in service of any UST system in addition to any requirements set forth in this Section.
(2) Abandonment of UST Systems. No UST system located in the Source Water Protection Area may be abandoned in place unless approved by a certified fire safety inspector or the State Fire Marshal. The Facility Operator must copy the Development Services Director or Designee on any closure assessment and other information related to the closure and abandonment in place of the UST system as the information is submitted to the Bureau of Underground Storage Tank Regulations, the State Fire Marshal, or Ohio EPA.
(g) Tank Tightness Testing.
(1) Exemptions. The following USTs are exempt from the tank tightness testing provisions required by this Section:
A. USTs regulated under and operated in compliance with the BUSTR Sensitive Area Requirements (OAC Chapter §1301:7-9-10);
B. USTs vaulted in accordance with Subsection 1192.06(d)(4); and
C. USTs with a capacity of less than five hundred (500) gallons used exclusively for holding diesel fuel and heating fuel oil grades no. 1 and 2 .
(2) Tightness Testing. Any UST not exempt under Subsection 1192.06
(g)(1) must be tested for tightness as follows:
A. Prior to the conveyance of real property by sale or otherwise on which an UST is located, the grantor shall have each UST located thereon tested for tightness in accordance with OAC Chapter 1301:7-9-07(E)(3) and (F)(2), provided no such UST shall be subject to testing more than three (3) times in the same ten (10) year period.
B. Where a conveyance of real property on which an UST is located has not occurred within any consecutive ten (10) year period, commencing from the effective date of this Chapter, the owner shall cause each UST located thereon to be tested for tightness in accordance with OAC Chapter 1301:7-9-07(E)(3) and (F)(2) within such period.
Testing results shall be submitted to the Development Services Director or Designee no later than thirty (30) days after completion of the test. A tightness test is not required if the UST will be removed in conjunction with sale of the property or where a test has been completed for a UST within one (1) year prior to sale or transfer of ownership of a property.
(3) Failure of a Tank Tightness Test. If a UST fails a tank tightness test, the Facility Operator must determine if a release has occurred. If a release is confirmed, the release must be reported and remediated in accordance with Subsection 1192.04
(g).
(Ord. 120-11. Passed 11-28-11.)