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 11-5-2.9 - Lender Liability › Section 11-5-2.9-280.123 - Operating an underground storage tank or underground storage tank system

Current through June 25, 2024
(a) Operating an UST or UST system prior to
				  foreclosure. A holder, prior to foreclosure, as defined in § 280.121(c),
				  is not an "operator" of a petroleum UST or UST system for purposes of
				  compliance with the UST technical standards as defined in § 280.120(a),
				  the UST corrective action requirements under §§ 280.51 through
				  280.67, and the UST financial responsibility requirements under §§
				  280.90 through 280.111, provided that, after December 6, 1995, the holder is
				  not in control of or does not have responsibility for the daily operation of
				  the UST or UST system.
(b)
				  Operating an UST or UST system after foreclosure. The following provisions
				  apply to a holder who, through foreclosure, as defined in § 280.121(c),
				  acquires a petroleum UST or UST system or facility or property on which a
				  petroleum UST or UST system is located.
(1) A
				  holder is not an "operator" of a petroleum UST or UST system for purposes of
				  compliance with this part if there is an operator, other than the holder, who
				  is in control of or has responsibility for the daily operation of the UST or
				  UST system, and who can be held responsible for compliance with applicable
				  requirements of this part or applicable state requirements in those states that
				  have been delegated authority by EPA to administer the UST program pursuant to
				  42 U.S.C.
				  6991c and 40 CFR part 281.
(2) If another operator does not exist, as
				  provided for under paragraph (b)(1) of this section, a holder is not an
				  "operator" of the UST or UST system, for purposes of compliance with the UST
				  technical standards as defined in § 280.200(a), the UST corrective action
				  requirements under §§ 280.51 through 280.67, and the UST financial
				  responsibility requirements under §§ 280.90 through 280.111, provided
				  that the holder:
(i) Empties all of its known
				  USTs and UST systems within 60 calendar days after foreclosure or within 60
				  calendar days after December 6, 1995, whichever is later, or another reasonable
				  time period specified by the implementing agency, so that no more than 2.5
				  centimeters (one inch) of residue, or 0.3 percent by weight of the total
				  capacity of the UST system, remains in the system; leaves vent lines open and
				  functioning; and caps and secures all other lines, pumps, manways, and
				  ancillary equipment; and
(ii)
				  Empties those USTs and UST systems that are discovered after foreclosure within
				  60 calendar days after discovery or within 60 calendar days after December 6,
				  1995, whichever is later, or another reasonable time period specified by the
				  implementing agency, so that no more than 2.5 centimeters (one inch) of
				  residue, or 0.3 percent by weight of the total capacity of the UST system,
				  remains in the system; leaves vent lines open and functioning; and caps and
				  secures all other lines, pumps, manways, and ancillary
				  equipment.
(3) If another
				  operator does not exist, as provided for under paragraph (b)(1) of this
				  section, in addition to satisfying the conditions under paragraph (b)(2) of
				  this section, the holder must either:
(i)
				  Permanently close the UST or UST system in accordance with §§ 280.71
				  through 280.74, except § 280.72(b); or
(ii) Temporarily close the UST or UST system
				  in accordance with the following applicable provisions of § 280.70:
(A) Continue operation and maintenance of
				  corrosion protection in accordance with § 280.31;
(B) Report suspected releases to the
				  implementing agency; and
(C)
				  Conduct a site assessment in accordance with § 280.72(a) if the UST system
				  is temporarily closed for more than 12 months and the UST system does not meet
				  either the performance standards in § 280.20 for new UST systems or the
				  upgrading requirements in § 280.21, except that the spill and overfill
				  equipment requirements do not have to be met. The holder must report any
				  suspected releases to the implementing agency. For purposes of this provision,
				  the 12-month period begins to run from December 6, 1995 or from the date on
				  which the UST system is emptied and secured under paragraph (b)(2) of this
				  section, whichever is later.
(4) The UST system can remain in temporary
				  closure until a subsequent purchaser has acquired marketable title to the UST
				  or UST system or facility or property on which the UST or UST system is
				  located. Once a subsequent purchaser acquires marketable title to the UST or
				  UST system or facility or property on which the UST or UST system is located,
				  the purchaser must decide whether to operate or close the UST or UST system in
				  accordance with applicable requirements in this part or applicable state
				  requirements in those states that have been delegated authority by EPA to
				  administer the UST program pursuant to
				  42 U.S.C.
				  6991c and 40 CFR part
				  281.