Improving the management of underground petroleum storage systems
Why a Regulation is needed. Underground fuel tanks and lines do not last forever. Over time they have the potential to leak, contaminating soil and groundwater causing damage to the environment.
Clean-up costs can be significant and can affect property values. If the contamination moves to neighbouring properties, these costs can be even greater and may include legal liabilities.
Leaking underground tanks account for one-third of all regulated contaminated sites in NSW. The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 (UPSS Regulation) commenced on the 1 June 2008.
It mandates particular aspects of the Australian Standard and ensures industry best practice is followed. Operators are required to monitor regularly for leaks and meet minimum standards for their day-to-day management.
The Regulation aims to:
Reduce harm to the environment and human health
Minimise time-consuming and costly remediation of contaminated land
Ensure appropriate decommissioning of tanks and validation of sites.
Who the Regulation applies to:
The UPSS Regulation applies to all sites that have underground tanks which contain petroleum product. The person responsible for ensuring a system complies with the Regulation may be the owner, operator or lessee, depending on the particular circumstances and/or lease agreement. Type of sites include active service stations, automotive retail and hire premises, mechanics and marinas.
The main requirements:
Since 1 June 2009 all sites operating underground petroleum storage tanks must have:
Environment Protection Plan
Documentation on equipment on site, maintenance history and design and installation specifications. It also includes procedures on site to detect and manage leaks and spills.
Loss monitoring procedure
The procedure must meet current industry standards. It should be carried out by a suitably trained person.
From 1 June 2011 all sites must also have:
Groundwater monitoring wells
These are used to detect any petroleum which may have entered groundwater. A minimum of three wells must be installed to maximise the likelihood of intercepting any contamination on site.
Testing of these wells must occur every 6 months. The wells must be installed by a person with industry recognised competence and experience.
Drilling must be carried out by licensed drillers and a drilling permit may be required. Contact your local NSW Office of Water to find out the requirements in your area. For general licensing enquiries, call 1800 353 104.
If you are unable to comply with these requirements:
The Department of Environment, Climate Change and Water is able to grant exemptions in certain cases which extend the deadline for meeting these obligations. Details on how to apply can be found in Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage System) Regulation 2008. (see: http://www.environment.nsw.gov.au/clm/upssguidelines.htm)
Are you considering removing or abandoning tanks?
The Regulation does not require the removal of tanks. However for OH&S purposes, if tanks have not been used for 24 months, they must be decommissioned.
There are a number of options for decommissioning tanks and more details can be found in the UPSS Technical Note: Decommissioning, Abandonment and Removal of UPSS.
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