reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.5 - Leak Reporting, Release Reporting, Investigation, and Confirmation › Section 11-5-2.5-280.53 - Reporting and cleanup of spills and overfills

Current through June 25, 2024
(a)
				  Owners and operators of UST systems must contain and immediately clean up a
				  spill or overfill and report to the MDEQ within 24 hours, or another reasonable
				  time period specified by the MDEQ, and begin corrective action in accordance
				  with Rule 2.6 in the following cases:
(1)
				  Spill or overfill of petroleum that results in a release to the environment
				  that exceeds 25 gallons or another reasonable amount specified by the MDEQ, or
				  that causes a sheen on nearby surface water; and
(2) Spill or overfill of a hazardous
				  substance that results in a release to the environment that equals or exceeds
				  its reportable quantity under CERCLA (40 CFR part 302).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.60 - General

Current through June 25, 2024
Owners and operators of petroleum or hazardous substance
					 UST systems must, in response to a confirmed release from the UST system,
					 comply with the requirements of this subpart except for USTs excluded under
					 § 280.10(b) and UST systems subject to RCRA Subtitle C corrective action
					 requirements under section 3004(u) of the Resource Conservation and Recovery
					 Act, as amended.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.61 - Initial response

Current through June 25, 2024
Upon confirmation of a release in accordance with §
					 280.52 or after a release from the UST system is identified in any other
					 manner, owners and operators must perform the following initial response
					 actions within 24 hours of a release or within another reasonable period of
					 time determined by the MDEQ:
(a)
				  Report the release to the MDEQ (e.g., by telephone or electronic
				  mail);
(b) Take immediate action to
				  prevent any further release of the regulated substance into the environment;
				  and
(c) Identify and mitigate fire,
				  explosion, and vapor hazards.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.62 - Initial abatement measures and site check

Current through June 25, 2024
(a)
				  Unless directed to do otherwise by the MDEQ, owners and operators must perform
				  the following abatement measures:
(1) Remove
				  as much of the regulated substance from the UST system as is necessary to
				  prevent further release to the environment;
(2) Visually inspect any aboveground releases
				  or exposed belowground releases and prevent further migration of the released
				  substance into surrounding soils and ground water;
(3) Continue to monitor and mitigate any
				  additional fire and safety hazards posed by vapors or free product that have
				  migrated from the UST excavation zone and entered into subsurface structures
				  (such as sewers or basements);
(4)
				  Remedy hazards posed by contaminated soils that are excavated or exposed as a
				  result of release confirmation, site investigation, abatement, or corrective
				  action activities. If these remedies include treatment or disposal of soils,
				  the owner and operator must comply with applicable State and local
				  requirements;
(5) Measure for the
				  presence of a release where contamination is most likely to be present at the
				  UST site, unless the presence and source of the release have been confirmed in
				  accordance with the site check required by § 280.52(b) or the closure site
				  assessment of § 280.72(a). In selecting sample types, sample locations,
				  and measurement methods, the owner and operator must consider the nature of the
				  stored substance, the type of backfill, depth to ground water and other factors
				  as appropriate for identifying the presence and source of the release; and
(6) Investigate to determine the
				  possible presence of free product, and begin free product removal as soon as
				  practicable and in accordance with § 280.64.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.63 - Initial site characterization

Current through June 25, 2024
(a) Unless directed
				  to do otherwise by the MDEQ, owners and operators must assemble information
				  about the site and the nature of the release, including information gained
				  while confirming the release or completing the initial abatement measures in
				  §§ 280.60 and 280.61. This information must include, but is not
				  necessarily limited to the following:
(1)
				  Data on the nature and estimated quantity of release;
(2) Data from available sources and/or site
				  investigations concerning the following factors: surrounding populations, water
				  quality, use and approximate locations of wells potentially affected by the
				  release, subsurface soil conditions, locations of subsurface sewers,
				  climatological conditions, and land use;
(3) Results of the site check required under
				  § 280.62(a)(5); and
(4)
				  Results of the free product investigations required under § 280.62(a)(6),
				  to be used by owners and operators to determine whether free product must be
				  recovered under § 280.64.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.64 - Free product removal

Current through June 25, 2024
At sites where investigations under § 280.62(a)(6)
					 indicate the presence of free product, owners and operators must remove free
					 product to the maximum extent practicable as determined by the MDEQ while
					 continuing, as necessary, any actions initiated under §§ 280.61
					 through 280.63, or preparing for actions required under §§ 280.65
					 through 280.66. In meeting the requirements of this rule, owners and operators
					 must:
(a) Conduct free product removal
				  in a manner that minimizes the spread of contamination into previously
				  uncontaminated zones by using recovery and disposal techniques appropriate to
				  the hydrogeologic conditions at the site, and that properly treats, discharges
				  or disposes of recovery byproducts in compliance with applicable local, State
				  and Federal regulations;
(b) Use
				  abatement of free product migration as a minimum objective for the design of
				  the free product removal system;
(c) Handle any flammable products in a safe
				  and competent manner to prevent fires or explosions; and
(d) Unless directed to do otherwise by the
				  MDEQ, prepare and submit to the MDEQ, within 45 days after confirming a
				  release, a free product removal report that provides at least the following
				  information:
(1) The name of the person(s)
				  responsible for implementing the free product removal measures;
(2) The estimated quantity, type, and
				  thickness of free product observed or measured in wells, boreholes, and
				  excavations;
(3) The type of free
				  product recovery system used;
(4)
				  Whether any discharge will take place on-site or off-site during the recovery
				  operation and where this discharge will be located;
(5) The type of treatment applied to, and the
				  effluent quality expected from, any discharge;
(6) The steps that have been or are being
				  taken to obtain necessary permits for any discharge; and
(7) The disposition of the recovered free
				  product.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.65 - Investigations for soil and ground-water cleanup

Current through June 25, 2024
(a) In
				  order to determine the full extent and location of soils contaminated by the
				  release and the presence and concentrations of dissolved product contamination
				  in the ground water, owners and operators must conduct investigations of the
				  release, the release site, and the surrounding area possibly affected by the
				  release if any of the following conditions exist:
(1) There is evidence that ground-water wells
				  have been affected by the release (e.g., as found during release confirmation
				  or previous corrective action measures);
(2) Free product is found to need recovery in
				  compliance with § 280.64;
(3)
				  There is evidence that contaminated soils may be in contact with ground water
				  (e.g., as found during conduct of the initial response measures or
				  investigations required under §§ 280.60 through 280.64 );
				  and
(4) The MDEQ requests an
				  investigation, based on the potential effects of contaminated soil or ground
				  water on nearby surface water and ground-water resources.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.66 - Corrective action plan

Current through June 25, 2024
(a) At any point
				  after reviewing the information submitted in compliance with §§
				  280.61 through 280.63, the MDEQ may require owners and operators to submit
				  additional information or to develop and submit a corrective action plan for
				  responding to contaminated soils and ground water. If a plan is required,
				  owners and operators must submit the plan according to a schedule and format
				  established by the MDEQ. Alternatively, owners and operators may, after
				  fulfilling the requirements of §§ 280.61 through 280.63, choose to
				  submit a corrective action plan for responding to contaminated soil and ground
				  water. In either case, owners and operators are responsible for submitting a
				  plan that provides for adequate protection of human health and the environment
				  as determined by the MDEQ, and must modify their plan as necessary to meet this
				  standard.
(b) The MDEQ will approve
				  the corrective action plan only after ensuring that implementation of the plan
				  will adequately protect human health, safety, and the environment. In making
				  this determination, the MDEQ should consider the following factors as
				  appropriate:
(1) The physical and chemical
				  characteristics of the regulated substance, including its toxicity,
				  persistence, and potential for migration;
(2) The hydrogeologic characteristics of the
				  facility and the surrounding area;
(3) The proximity, quality, and current and
				  future uses of nearby surface water and ground water;
(4) The potential effects of residual
				  contamination on nearby surface water and ground water;
(5) An exposure assessment; and
(6) Any information assembled in compliance
				  with this rule.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 11-5-2.6-280.67 - Public participation

Current through June 25, 2024
(a) For each
				  confirmed release that requires a corrective action plan, the MDEQ must provide
				  notice to the public by means designed to reach those members of the public
				  directly affected by the release and the planned corrective action. This notice
				  may include, but is not limited to, public notice in local newspapers, block
				  advertisements, public service announcements, publication in a state register,
				  letters to individual households, or personal contacts by field
				  staff.
(b) The MDEQ must ensure
				  that site release information and decisions concerning the corrective action
				  plan are made available to the public for inspection upon request.
(c) Before approving a corrective action
				  plan, the MDEQ may hold a public meeting to consider comments on the proposed
				  corrective action plan if there is sufficient public interest, or for any other
				  reason.
(d) The MDEQ must give
				  public notice that complies with paragraph (a) of this rule if implementation
				  of an approved corrective action plan does not achieve the established cleanup
				  levels in the plan and termination of that plan is under consideration by the
				  MDEQ.
Miss. Ann.
					 §§
											49-2-9(1)(b),
					 49-17-17(i),
					 49-17-401,
					 et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.7 - Out-of-Service UST Systems and Closure › Section 11-5-2.7-280.70 - Temporary closure

Current through June 25, 2024
(a) When an UST
				  system is temporarily closed, owners and operators must notify the MDEQ and
				  continue operation and maintenance of corrosion protection in accordance with
				  § 280.32, and any leak detection in accordance with Rule 2.4 and Rule
				  2.10. Rule 2.5 and Rule 2.6 must be complied with if a release is suspected or
				  confirmed. However, leak detection is not required as long as the UST system is
				  empty. The UST system is empty when all materials have been removed using
				  commonly employed practices so that no more than one (1) inch of residue
				  remains in the system.
(b) When an
				  UST system is temporarily closed for 3 months or more, owners and operators
				  must also comply with the following requirements:
(1) Leave vent lines open and
				  functioning;
(2) Cap and secure all
				  other lines, pumps, manways, and ancillary equipment;
(3) Empty the tank in accordance with §
				  280.70(a); and
(4) Continue
				  operation and maintenance of corrosion protection in accordance with §
				  280.32.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.7 - Out-of-Service UST Systems and Closure › Section 11-5-2.7-280.71 - Permanent closure and changes-in-service

Current through June 25, 2024
(a) At least 30
				  days before beginning either permanent closure or a change-in-service under
				  paragraphs (b) and (c) of this rule, or within another reasonable time period
				  determined by the MDEQ, owners and operators must notify the MDEQ of their
				  intent to permanently close or make the change-in-service,
unless
such action is in response to corrective action. The
				  required assessment of the excavation zone under § 280.72 must be
				  performed after notifying the MDEQ but before completion of the permanent
				  closure or a change-in-service.
(b)
				  To permanently close a tank system, owners and operators must empty and clean
				  it by removing all liquids and accumulated sludges from the tank system. All
				  tank systems taken out of service permanently must also be either removed from
				  the ground or filled with an inert solid material.
(c) Continued use of an UST system to store a
				  non-regulated substance is considered a change-in-service. Before a
				  change-in-service, owners and operators must empty and clean the tank by
				  removing all liquid and accumulated sludge and conduct a site assessment in
				  accordance with § 280.72.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.7 - Out-of-Service UST Systems and Closure › Section 11-5-2.7-280.72 - Assessing the site at closure or change-in-service

Current through June 25, 2024
(a) Before permanent closure or a
				  change-in-service is completed, owners and operators must measure for the
				  presence of a release in accordance with "Guidelines for the Permanent Closure
				  of Petroleum Underground Storage Tank Systems" and any applicable industry code
				  or recommended practice listed in § 280.13.
(b) If contaminated soils, contaminated
				  ground water, or free product as a liquid or vapor is discovered under
				  paragraph (a) of this rule, or by any other manner, owners and operators must
				  begin corrective action in accordance with Rule 2.6.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.7 - Out-of-Service UST Systems and Closure › Section 11-5-2.7-280.73 - Applicability to previously closed UST systems

Current through June 25, 2024
When directed by the MDEQ, the owner and operator of an
					 UST system permanently closed before December 22, 1988 must assess the
					 excavation zone and close the UST system in accordance with this rule if
					 releases from the UST may, in the judgment of the MDEQ, pose a current or
					 potential threat to human health and the environment.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.7 - Out-of-Service UST Systems and Closure › Section 11-5-2.7-280.74 - Closure records

Current through June 25, 2024
Owners and operators must maintain records in accordance
					 with § 280.35 that are capable of demonstrating compliance with closure
					 requirements under this rule. The results of the excavation zone assessment
					 required in § 280.72 must be maintained for at least 3 years after
					 completion of permanent closure or change-in-service in one of the following
					 ways:
(a) By the owners and operators
				  who took the UST system out of service;
(b) By the current owners and operators of
				  the UST system site; or
(c) By
				  mailing these records to the MDEQ if they cannot be maintained at the closed
				  facility.
Miss. Code Ann .
					 §
											§
											49-2-9(1)(b);
					 49-17-17(i), 49-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.90 - Applicability

Current through June 25, 2024
(a) This rule applies to owners and operators
				  of all petroleum underground storage tank (UST) systems except as otherwise
				  provided in this section.
(b)
				  Owners and operators of petroleum UST systems are subject to these requirements
				  if they are in operation on or after the date for compliance established in
				  § 280.91.
(c) State and
				  Federal government entities whose debts and liabilities are the debts and
				  liabilities of a state or the United States are exempt from the requirements of
				  this rule.
(d) The requirements of
				  this rule do not apply to owners and operators of any UST system described in
				  § 280.10(b) or (c).
(e) If the
				  owner and operator of a petroleum underground storage tank are separate
				  persons, only one person is required to demonstrate financial responsibility;
				  however, both parties are liable in event of noncompliance.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.91 - Compliance dates

Current through June 25, 2024
Owners of petroleum underground storage tanks are required
					 to comply with the requirements of this rule by the following dates:
(a) All petroleum marketing firms owning
				  1,000 or more USTs and all other UST owners that report a tangible net worth of
				  $20 million or more to the U.S. Securities and Exchange Commission (SEC), Dun
				  and Bradstreet, the Energy Information Administration, or the Rural
				  Electrification Administration; January 24, 1989, except that compliance with
				  § 280.94(b) is required by: July 24, 1989.
(b) All petroleum marketing firms owning
				  100-999 USTs; October 26, 1989.
(c)
				  All petroleum marketing firms owning 13-99 USTs at more than one facility;
				  April 26, 1991.
(d) All petroleum
				  UST owners not described in paragraphs (a), (b), or (c) of this section,
				  excluding local government entities; December 31, 1993.
(e) All local government entities (including
				  Indian tribes) not included in paragraph (f) of this section; February 18,
				  1994.
(f) Indian tribes that own
				  USTs on Indian lands which meet the applicable technical requirements of this
				  part; December 31, 1998.
[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 5452, Feb.
					 3, 1989; 55 FR 18567, May 2, 1990; 55 FR 46025, Oct. 31, 1990; 56 FR 66373,
					 Dec. 23, 1991; 59 FR 9607, Feb. 28, 1994]
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.93 - Amount and scope of required financial responsibility

Current through June 25, 2024
(a) Owners or operators of petroleum
				  underground storage tanks must demonstrate financial responsibility for taking
				  corrective action and for compensating third parties for bodily injury and
				  property damage caused by accidental releases arising from the operation of
				  petroleum underground storage tanks in at least the following per-occurrence
				  amounts:
(1) For owners or operators of
				  petroleum underground storage tanks that are located at petroleum marketing
				  facilities, or that handle an average of more than 10,000 gallons of petroleum
				  per month based on annual throughput for the previous calendar year; $1
				  million.
(2) For all other owners
				  or operators of petroleum underground storage tanks;
				  $500,000.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.94 - Allowable mechanisms and combinations of mechanisms

Current through June 25, 2024
(a) Subject to the limitations of paragraphs
				  (b) and (c) of this section,
(1) An owner or
				  operator, including a local government owner or operator, may use any one or
				  combination of the mechanisms listed in §§ 280.95 through 280.103 to
				  demonstrate financial responsibility under this rule for one or more
				  underground storage tanks, and
(2)
				  A local government owner or operator may use any one or combination of the
				  mechanisms listed in §§ 280.104 through 280.107 to demonstrate
				  financial responsibility under this rule for one or more underground storage
				  tanks.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.95 - Financial test of self-insurance

Current through June 25, 2024
(a) An owner or
				  operator, and/or guarantor, may satisfy the requirements of § 280.93 by
				  passing a financial test as specified in this section. To pass the financial
				  test of self-insurance, the owner or operator, and/or guarantor must meet the
				  criteria of paragraph (b) or (c) of this section based on year-end financial
				  statements for the latest completed fiscal year.
(b)
(1) The
				  owner or operator, and/or guarantor, must have a tangible net worth of at least
				  ten times:
(i) The total of the applicable
				  aggregate amount required by § 280.93, based on the number of underground
				  storage tanks for which a financial test is used to demonstrate financial
				  responsibility to EPA under this section or to a state implementing agency
				  under a state program approved by EPA under 40 CFR part 281;
(ii) The sum of the corrective action cost
				  estimates, the current closure and post-closure care cost estimates, and amount
				  of liability coverage for which a financial test is used to demonstrate
				  financial responsibility to EPA under
				  40 CFR
				  264.101,
				  264.143,
				  264.145,
				  265.143,
				  265.145,
				  264.147,
				  and
				  265.147 or
				  to a state implementing agency under a state program authorized by EPA under 40
				  CFR part 271; and
(iii) The sum of
				  current plugging and abandonment cost estimates for which a financial test is
				  used to demonstrate financial responsibility to EPA under
				  40 CFR
				  144.63 or to a state implementing agency
				  under a state program authorized by EPA under 40 CFR part 145.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.96 - Guarantee

Current through June 25, 2024
(a) An owner or operator may satisfy the
				  requirements of § 280.93 by obtaining a guarantee that conforms to the
				  requirements of this section. The guarantor must be:
(1) A firm that (i) possesses a controlling
				  interest in the owner or operator; (ii) possesses a controlling interest in a
				  firm described under paragraph (a)(1)(i) of this section; or, (iii) is
				  controlled through stock ownership by a common parent firm that possesses a
				  controlling interest in the owner or operator; or,
(2) A firm engaged in a substantial business
				  relationship with the owner or operator and issuing the guarantee as an act
				  incident to that business relationship.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.100 - Use of state-required mechanism

Current through June 25, 2024
(a) For
				  underground storage tanks located in a state that does not have an approved
				  program, and where the state requires owners or operators of underground
				  storage tanks to demonstrate financial responsibility for taking corrective
				  action and/or for compensating third parties for bodily injury and property
				  damage, an owner or operator may use a state-required financial mechanism to
				  meet the requirements of § 280.93 if the Regional Administrator determines
				  that the state mechanism is at least equivalent to the financial mechanisms
				  specified in this rule.
(b) The
				  Regional Administrator will evaluate the equivalency of a state-required
				  mechanism principally in terms of: certainty of the availability of funds for
				  taking corrective action and/or for compensating third parties; the amount of
				  funds that will be made available; and the types of costs covered. The Regional
				  Administrator may also consider other factors as is necessary.
(c) The state, an owner or operator, or any
				  other interested party may submit to the Regional Administrator a written
				  petition requesting that one or more of the state-required mechanisms be
				  considered acceptable for meeting the requirements of § 280.93. The
				  submission must include copies of the appropriate state statutory and
				  regulatory requirements and must show the amount of funds for corrective action
				  and/or for compensating third parties assured by the mechanism(s). The Regional
				  Administrator may require the petitioner to submit additional information as is
				  deemed necessary to make this determination.
(d) Any petition under this section may be
				  submitted on behalf of all of the state's underground storage tank owners and
				  operators.
(e) The Regional
				  Administrator will notify the petitioner of his determination regarding the
				  mechanism's acceptability in lieu of financial mechanisms specified in this
				  rule. Pending this determination, the owners and operators using such
				  mechanisms will be deemed to be in compliance with the requirements of §
				  280.93 for underground storage tanks located in the state for the amounts and
				  types of costs covered by such mechanisms.
[53 FR 43370, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988]
53 FR 43370, Oct.
					 26, 1988; 53 FR 51274, Dec. 21, 1988
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.102 - Trust fund

Current through June 25, 2024
(a) An owner or
				  operator may satisfy the requirements of § 280.93 by establishing a trust
				  fund that conforms to the requirements of this section. The trustee must be an
				  entity that has the authority to act as a trustee and whose trust operations
				  are regulated and examined by a federal agency or an agency of the state in
				  which the fund is established.
(b)
				  The wording of the trust agreement must be identical to the wording specified
				  in § 280.103(b)(1), and must be accompanied by a formal certification of
				  acknowledgement as specified in § 280.103(b)(2).
(c) The trust fund, when established, must be
				  funded for the full required amount of coverage, or funded for part of the
				  required amount of coverage and used in combination with other mechanism(s)
				  that provide the remaining required coverage.
(d) If the value of the trust fund is greater
				  than the required amount of coverage, the owner or operator may submit a
				  written request to the Director of the implementing agency for release of the
				  excess.
(e) If other financial
				  assurance as specified in this rule is substituted for all or part of the trust
				  fund, the owner or operator may submit a written request to the Director of the
				  implementing agency for release of the excess.
(f) Within 60 days after receiving a request
				  from the owner or operator for release of funds as specified in paragraph (d)
				  or (e) of this section, the Director of the implementing agency will instruct
				  the trustee to release to the owner or operator such funds as the Director
				  specifies in writing.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.106 - Local government guarantee

Current through June 25, 2024
(a) A local
				  government owner or operator may satisfy the requirements of § 280.93 by
				  obtaining a guarantee that conforms to the requirements of this section. The
				  guarantor must be either the state in which the local government owner or
				  operator is located or a local government having a "substantial governmental
				  relationship" with the owner and operator and issuing the guarantee as an act
				  incident to that relationship. A local government acting as the guarantor must:
(1) demonstrate that it meets the bond rating
				  test requirement of § 280.104 and deliver a copy of the chief financial
				  officer's letter as contained in § 280.104(c) to the local government
				  owner or operator; or
(2)
				  demonstrate that it meets the worksheet test requirements of § 280.105 and
				  deliver a copy of the chief financial officer's letter as contained in §
				  280.105(c) to the local government owner or operator; or
(3) demonstrate that it meets the local
				  government fund requirements of § 280.107(a), § 280.107(b), or §
				  280.107(c) and deliver a copy of the chief financial officer's letter as
				  contained in § 280.107 to the local government owner or
				  operator.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.108 - Substitution of financial assurance mechanisms by owner or operator

Current through June 25, 2024
(a) An owner or operator may substitute any
				  alternate financial assurance mechanisms as specified in this rule, provided
				  that at all times he maintains an effective financial assurance mechanism or
				  combination of mechanisms that satisfies the requirements of §
				  280.93.
(b) After obtaining
				  alternate financial assurance as specified in this rule, an owner or operator
				  may cancel a financial assurance mechanism by providing notice to the provider
				  of financial assurance.
[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051,
					 Feb. 18, 1993]
53 FR 43370, Oct.
					 26, 1988. Redesignated at 58 FR 9051, Feb. 18,
					 1993
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.109 - Cancellation or nonrenewal by a provider of financial assurance

Current through June 25, 2024
(a) Except as otherwise provided, a provider
				  of financial assurance may cancel or fail to renew an assurance mechanism by
				  sending a notice of termination by certified mail to the owner or operator.
(1) Termination of a local government
				  guarantee, a guarantee, a surety bond, or a letter of credit may not occur
				  until 120 days after the date on which the owner or operator receives the
				  notice of termination, as evidenced by the return receipt.
(2) Termination of insurance or risk
				  retention coverage, except for non-payment or misrepresentation by the insured,
				  or state-funded assurance may not occur until 60 days after the date on which
				  the owner or operator receives the notice of termination, as evidenced by the
				  return receipt. Termination for non-payment of premium or misrepresentation by
				  the insured may not occur until a minimum of 10 days after the date on which
				  the owner or operator receives the notice of termination, as evidenced by the
				  return receipt.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.110 - Reporting by owner or operator

Current through June 25, 2024
(a) An owner or
				  operator must submit the appropriate forms listed in § 280.111(b)
				  documenting current evidence of financial responsibility to the Director of the
				  implementing agency:
(1) Within 30 days after
				  the owner or operator identifies a release from an underground storage tank
				  required to be reported under § 280.53 or § 280.61;
(2) If the owner or operator fails to obtain
				  alternate coverage as required by this rule, within 30 days after the owner or
				  operator receives notice of:
(i) Commencement
				  of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
				  Code, naming a provider of financial assurance as a debtor,
(ii) Suspension or revocation of the
				  authority of a provider of financial assurance to issue a financial assurance
				  mechanism,
(iii) Failure of a
				  guarantor to meet the requirements of the financial test,
(iv) Other incapacity of a provider of
				  financial assurance; or
(3) As required by § 280.95(g) and
				  § 280.109(b).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.112 - Drawing on financial assurance mechanisms

Current through June 25, 2024
(a)
				  Except as specified in paragraph (d) of this section, the Director of the
				  implementing agency shall require the guarantor, surety, or institution issuing
				  a letter of credit to place the amount of funds stipulated by the Director, up
				  to the limit of funds provided by the financial assurance mechanism, into the
				  standby trust if:
(1)
(i) The owner or operator fails to establish
				  alternate financial assurance within 60 days after receiving notice of
				  cancellation of the guarantee, surety bond, letter of credit, or, as
				  applicable, other financial assurance mechanism; and
(ii) The Director determines or suspects that
				  a release from an underground storage tank covered by the mechanism has
				  occurred and so notifies the owner or operator or the owner or operator has
				  notified the Director pursuant to Rule 2.5 or 2.6 of a release from an
				  underground storage tank covered by the mechanism; or
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.113 - Release from the requirements

Current through June 25, 2024
An owner or operator is no longer required to maintain
					 financial responsibility under this rule for an underground storage tank after
					 the tank has been permanently closed or, if corrective action is required,
					 after corrective action has been completed and the tank has been permanently
					 closed as required by 40 CFR part 280, Rule 2.7.
[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051,
					 Feb. 18, 1993]
53 FR 43370, Oct.
					 26, 1988. Redesignated at 58 FR 9051, Feb. 18,
					 1993
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.115 - Replenishment of guarantees, letters of credit, or surety bonds

Current through June 25, 2024
(a) If at any time after a standby trust is
				  funded upon the instruction of the Director of the implementing agency with
				  funds drawn from a guarantee, local government guarantee with standby trust,
				  letter of credit, or surety bond, and the amount in the standby trust is
				  reduced below the full amount of coverage required, the owner or operator shall
				  by the anniversary date of the financial mechanism from which the funds were
				  drawn:
(1) Replenish the value of financial
				  assurance to equal the full amount of coverage required, or
(2) Acquire another financial assurance
				  mechanism for the amount by which funds in the standby trust have been
				  reduced.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.8 - Financial Responsibility › Section 11-5-2.8-280.116 - Suspension of enforcement. [Reserved]

Current through June 25, 2024
Miss. Code Ann.
					 §
											§
											49-2-9(1)(b),
					 49-17-17(i),
					 49-17-401,
					 et seq., 49-2-1, et seq. and 49-17-1, et seq.