Ga. Comp. R. & Regs. 391-3-15-.05

Current through Rules and Regulations filed through November 21, 2024
Rule 391-3-15-.05 - UST Systems: Design, Construction, Installation and Notification
(1) 40 CFR Part 280, Subpart B is hereby incorporated by reference, except for the following:
(a) Each reference to "October 13, 2015" shall be replaced by "December 15, 2017".
(b) Each reference to "April 11, 2016" shall be replaced by "April 7, 2008".
(2) For purposes of performance standards for new UST systems, as required in 40 CFR 280.20, any tank previously installed and subsequently removed must be recertified by the manufacturer or by an authorized representative of the manufacturer or by a Georgia-registered Professional Engineer and shall comply with the secondary containment requirements in accordance with 391-3-15-.05(1) prior to installation as an UST.
(3) For purposes of notification of USTs, as required in 40 CFR 280.22, owners shall use forms as prescribed by the Director.
(4) Annual Registration of USTs.
(a) The owner or operator of an UST for which notification should have previously been submitted pursuant to O.C.G.A. 12-13-13 and which has not been properly closed in accordance with 391-3-15-.11, but is in use or capable of being used, shall submit to EPD an UST Registration Form by December 31 of each year.
(b) The UST Registration Form shall be submitted by the UST owner for all USTs at all UST facilities on forms furnished by EPD and shall provide such information as may reasonably be required by EPD which, at a minimum, shall include the following:
1. Name and address of facility at which USTs are located.
2. Name and address of owner and current Class A and Class B operators of USTs at the facility location in 1. immediately above.
3. Size and identification of USTs at the facility location indicated in 1. above.
4. Certification that the financial responsibility requirements of Rule 391-3-15-.12 have been met, including:
(i) the mechanism utilized to provide such financial responsibility; and
(ii) if the mechanism is the Georgia Underground Storage Tank Trust Fund, the financial assurance mechanism used for the $10,000 deductible.
5. Changes in owners, operators, upgrades, replacement of UST systems and changes in service from either the initial notification form filed or from the last annual notification filed, whichever is later.
6. Method of leak detection for lines and USTs and verification that leak detection requirements are being met.
7. Verification that spill and overfill devices and, if applicable, corrosion protection mechanisms are properly installed and operationally functional.
8. Verification that, as of April 7, 2008, all new or replaced USTs, piping or motor fuel dispensers have been properly installed and meet the secondary containment requirements set forth in 391-3-15-.05(1).
(c) If an UST is brought into service during the year, an Annual UST Registration Certificate for the facility for the year in which the UST was brought into service shall be issued by EPD after the receipt of the initial notification of USTs, as required under paragraph 391-3-15-.05(1).
(d) The Annual UST Registration Certificate, as provided by EPD, for each underground storage tank facility shall be conspicuously posted and displayed at each UST facility, an alternate location approved by EPD or a copy of such form shall be provided by the facility to each person placing regulated substances into the UST. It shall be a violation of O.C.G.A. 12-13-5 and these Rules to either fail to file an annual UST notification or to fail to conspicuously post and display the Annual UST Registration Certificate at an UST facility or provide a copy such that any person placing regulated substances in an UST can determine that the Annual UST Registration Certificate is current.
(e) No person may place a regulated substance in a regulated UST unless they have verified that the facility has a valid Annual UST Registration Certificate. Such verification shall be performed by December 31 of each year.

Ga. Comp. R. & Regs. R. 391-3-15-.05

O.C.G.A. § 12-13-1, et seq.

Original Rule entitled "UST Systems: Design, Construction, Installation and Notification" adopted. F. Jan. 29, 1990; eff. Feb. 18, 1990.
Amended: F. Aug. 8, 1991; eff. Aug. 28, 1991.
Amended: F. Dec. 17, 1992; eff. Jan. 6, 1993.
Amended: F. Feb. 3, 1995; eff. Feb. 23, 1995.
Amended: F. June 6, 1996; eff. June 26, 1996.
Amended: F. Oct. 9, 2001; eff. Oct. 29, 2001.
Amended: F. Mar. 18, 2008; eff. Apr. 7, 2008.
Amended: F. Aug. 28, 2009; eff. Sept. 17, 2009.
Amended: F. Oct. 17, 2017; eff. Nov. 6, 2017.