In todays world of environmental consciousness and strict regulatory requirements both corporate and personal liability are a fact of doing business. It is because of this fact that I recommend a review of our present status concerning underground storage tanks (UST's).

A program consisting of;

• a preliminary review of all facilities to establish a total number of actual and/or possible UST's existing to be dealt with
• in depth investigation to identify existence or non-existence of tanks at suspect sites
• existing tanks, in use, tested for structural integrity by pressure testing
• any leaking tanks, those that fail the pressure tests, repaired or removed immediately
• any escaped fuel oil from leaking tanks recovered and contaminated soils removed
• existing tanks, no longer in use, scheduled for removal and disposal
• any contaminated soils associated with tank removals removed and disposed of
• should be implemented in order to eliminate any potential liabilities both personally and for the board.

Owners of UST's are responsible for the inspection and maintenance of these tanks as outlined in the Energy Act, Fuel Oil Code. Sections 3, 4, and 5 of the Act pertain specifically to UST's, leaking tanks or tanks no longer in use.

Testing of existing UST's for leaks comes under Section 3 of the Act. This section of the regulation specifies the requirements for pressure testing tanks and associated piping as well as the owners responsibilities for record keeping.

Section 4 of the Act covers defective or leaking tanks and states that the owner of a supply tank shall,

• ensure that any leaks are repaired;
• any defective equipment or component is repaired or replaced;
• take all reasonable precautions to prevent the escape or spillage of fuel oil during all operations including testing and repairing; and
• ensure that escaped fuel oil is recovered and contaminated soil is removed forthwith.
• Removal of underground fuel oil storage tanks comes under Section 5 of the Act. Under the regulation,
• Any tank that will not be used or has not been in service for more than two years, which ever comes first, must be removed;
• All product must be removed from the tank and attached piping;
• The tank must be removed from the ground;
• All associated piping must be removed or purged and sealed;
• Where the soil around the tank is contaminated with oil from the tank, remove such soil; and
• Resulting cavities must be sealed with clean fill.

The Fuel Safety Branch must be notified in order that they may send an inspector to observe procedures. The contractor must be approved by the Fuel Safety Branch to handle such work. No permits are required for the actual removal of the tank.

Once the tank is removed soil samples must be taken and analyzed. Sample results are compared to the Ministry Of Environment & Energy (MOEE) Guideline For Use At Contaminated Sites In Ontario (June 1996). If the soil is determined contaminated it must be removed as required by the MOEE under the Environmental Protection Act (EPA). The amount of soil required to be removed is dependent on compliance with the aforementioned guidelines. For disposal of contaminated soil analytical results are compared to Ontario Regulation 347 Leachate Criteria which determines appropriate disposal options.

Any person who contravenes or fails to comply with the Energy Act or the Regulations is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both, or, if the person is a body corporate, to a fine of not more than $100,000.

Please feel free to call if you have any questions regarding Underground Storage Tanks or other environmental concerns. We will be pleased to provide a free (no obligation) quotation for any up-coming projects you may have.