Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-30-4 - Notification Requirements4.1. Notification. - Except as provided in subdivision 4.1.a., 4.1.b., or 4.1.c. of this rule, the owner and operator of an underground storage tank system that was in the ground prior to May 1, 1990, must submit a notice of the existence of such tank system to the secretary by completing the form prescribed by the secretary. 4.1.a. The owner and operator of an underground storage tank system that was in the ground prior to May 1, 1990, is exempt from the notification requirements of subsection 4.1 of this rule if notice was previously given to the secretary in accordance with the provisions of the federal Hazardous and Solid Waste Amendments of 1984 on the form published in the federal register on November 8, 1985 (50 F.R. 46602), unless such notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).4.1.b. The owner and operator of an underground storage tank system that was removed from the ground on or before May 8, 1986, is exempt from the notification requirements of subsection 4.1 of this rule.4.1.c. The owner and operator of an underground storage tank that was installed before December 22, 1988, need only complete sections I through X of the form prescribed by the secretary. Tank systems installed on or after December 22, 1988 must comply with the provisions of subsection 4.2 of this rule.4.2. Notification of Compliance. -- All owners and operators of underground storage tank systems installed on or after December 22, 1988 must provide the Secretary notification of compliance with the following requirements:4.2.a. For underground storage tank systems installed on or after January 1, 1995, installation of tanks and piping by an individual certified by the Secretary in accordance with section 3 of this rule.4.2.b. Cathodic protection of steel tanks and piping in accordance with the provisions of 40 C.F.R. § 280.20(a) and (b).4.2.c. Spill and overfill prevention equipment in accordance with the provisions of 40 C.F.R. § 280.20(c).4.2.d. Financial responsibility in accordance with the provisions of 40 C.F.R. Part 280, Subpart H.4.2.e. Release detection in accordance with the provisions of 40 C.F.R. § 280.41 and § 280.42.4.3. Notification of Installation or Upgrade. - At least 30 days prior to commencement of the activity, all owners and operators of underground storage tank systems shall notify the Secretary in writing of any installation, upgrade or repair of the tank's internal lining or corrosion protection systems. The owner or operator shall also notify the Secretary, in writing, within 30 days of discovery of any deficiency in the structural integrity of the tank(s). The Secretary may waive the 30-day time period when such action is in response to a release from an existing UST system on the site.4.4. Certification of Installation. - All owners and operators of UST systems must ensure that: 4.4.a. When the system was installed on or after December 22, 1988, and before January 1, 1995, the installer certifies, in the notification form, that the methods used to install the tanks and piping comply with the requirements of 40 C.F.R. § 280.20(d); and4.4.b. When the system was installed on or after January 1, 1995, but prior to the effective date of this rule, the installation of tanks and piping was performed by an individual certified by the secretary in accordance with section 3 of this rule. The installer must certify in the notification form that the methods used to install the tanks and piping comply with the requirements of 40 C.F.R. 280.20(a) through (d). After the effective date of this Rule, the installer shall certify in the notification form that the methods used to install the tanks and piping comply with the requirements of 40 C.F.R. § 280.20(a) through (d) and (f).4.5. Notification Requirements. - An owner and operator who is required to submit notices under section 4 of this rule may provide notice for several tanks by using one notification form, but an owner of tanks located at more than one place of operation must file a separate notification form for each separate place of operation.4.6. Notification to Purchaser. - After June 10, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of the tank of the owner's notification obligations under section 4 of this rule. The following notice may be used to comply with the requirement: "NOTICE: Owners of certain underground storage tanks in West Virginia are required by law to notify the Secretary of the Department of Environmental Protection of the existence of their tanks. Notifications for tanks brought into use after May 8, 1986 must be made within 30 days of commencement of the use. Consult the Department's Underground Storage Tank Rule (33 C.S.R. 30) to determine if you must provide this notification."
After June 14, 1993, any person who sells an existing tank intended to be used as an underground storage tank must notify the Secretary in writing at least 30 days prior to the transfer of ownership.
4.7. Notification of Change in Status. - Except as provided in subsection 4.6. of this rule, the owner and operator must report changes in the status of any underground storage tank system by completing the form prescribed by the Secretary and submitting the form to the Secretary by December 31 of the year in which the change of status occurred. A new owner of an underground storage tank must provide notification of the transfer of ownership of that tank, a change in tank operator or a change of contact information and address for the tank owner and operator by completing the form prescribed by and submitting the form to the Secretary, along with proof of financial responsibility in accordance with the provisions of 40 C.F.R. Part 280, Subpart H. The new owner and operator must submit this information to the Secretary within 30 days of the change of ownership, change of operator or change of address information.