940.18 UNDERGROUND STORAGE TANKS.

   (a)   Applicability. This Chapter 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. The following UST’s are exempt from regulation under this section:

      (1)   UST’s in the ten (10) year TOT used exclusively for the storage of Grade 1 or Grade 2 heating fuels and diesel fuel; and

      (2)   UST’s 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 Director of Public Utilities or designee on a case-by-case basis. A Facility Operator must submit verification to the Director of Public Utilities 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 chapter must be registered in accordance with Section 940.07(a) 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 Director of Public Utilities 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 UST’s;

         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 chapter that is installed at a facility beginning operation after the effective date of this chapter must be registered in accordance with Section 940.07 (a) 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 chapter due to:

         A.   Installation of an UST subject to regulation under this chapter;

         B.   Return to service of any temporarily abandoned UST or UST containing de minimis quantities of Regulated Substances; and/or

         C.   Changes in the delineated Wellhead Protection Area as specified in Section 1180.10 of Zoning Ordinance Number 7503 must be registered in accordance with Section 940.07(a) no later than one hundred eighty (180) days after becoming subject to regulation under this chapter.

      (5)   Amending registrations. A Facility Operator must amend, or at the request of the Facility Operator, the Director of Public Utilities 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 Wellhead Protection Area as specified in Section 1180.10 of Zoning Ordinance Number 7503.

            A Facility Operator choosing to have their facility registration amended by the Director of Public Utilities or designee must contact the Director of Public Utilities 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 chapter must register each regulated Facility separately in accordance with the provisions of this chapter.

   (d)   Installation Requirements.

      (1)   BUSTR sensitive area UST’s. All UST’s 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 Wellhead Protection Area.

      (2)   Heating fuel UST’s; diesel fuel UST’s. Heating fuel and diesel fuel UST’s subject to regulation under this chapter must be must be vaulted in accordance with subsection (d)(4) hereof.

      (3)   Other UST’s. 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 (d)(4) hereof.

      (4)   Vaulted UST’s. 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.

   (e)   Upgrading/Replacement of UST Systems. For the purpose of this chapter, 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 UST’s in addition to the provisions of this chapter, 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 regulation.

       (2)   Abandonment of UST systems. No UST system located in the Wellhead 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 Director of Public Utilities 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 UST’s are exempt from the tank tightness testing provisions required by this chapter:

         A.   UST’s regulated under and operated in compliance with the BUSTR Sensitive Area Requirements (OAC Chapter §1301:7-9-10),

         B.   UST’s vaulted in accordance with subsection (d)(4) hereof; and

         C.   UST’s 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 (g)(1) hereof 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 submined to the Director of Public Utilities 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 Section 940.10 , et seq., herein.

         (Ord. 98-10-103. Passed 10-14-98.)