reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.17 - Funds Disbursement

Current through June 25, 2024
Payments from the Trust Fund may be made to underground
				  storage tank owners, and response action contractors, for their eligible costs
				  incurred up to $1,500,000 for investigation, assessment, and/or remediation for
				  each confirmed release, provided the following minimum conditions are
				  met:
A. a representative of the
				Department has approved any activity and costs prior to the initiation of such
				activity;
B. the UST tank owner
				and/or response action contractor has first submitted a certification affidavit
				on a form furnished by the Department certifying that the costs incurred were
				necessary, fair, and reasonable; and
C. the UST owner and/or response action
				contractor has submitted to the Department any other documentation or
				information concerning the costs incurred which the Department deems necessary
				to ensure costs are eligible, reasonable, and necessary and to ensure fiscal
				integrity of the Trust Fund.
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 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.18 - Third Party Claims

Current through June 25, 2024
Payments of up to $1,000,000 per site per release occurrence
				  may be made to any third party who brings a third party claim against any owner
				  of an underground storage tank and the Commission as trustee of the Mississippi
				  Groundwater Protection Trust Fund and who obtains a final judgment in such
				  action which is valid and enforceable in this state against such parties.
				  Payments shall be paid to the third party upon such party's filing an
				  application with the Department attaching the original or a certified copy of
				  the final judgment.
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 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.19 - Denial of Claims

Current through June 25, 2024
The Department may deny any reimbursement request of an
				  eligible party if the costs incurred were unreasonable, unnecessary, or were
				  not incurred in accordance with these regulations, the UST technical
				  regulations, or the procedures developed for managing the Mississippi
				  Groundwater Protection Trust Fund. Any owner of an underground storage tank who
				  is denied reimbursement in whole or in part shall have the right to a hearing
				  before the Commission on Environmental Quality according to Mississippi Code
				  Ann., Sections
				  49-17-31
				  through
				  49-17-35.
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 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.20 - Enforcement Actions

Current through June 25, 2024
Hearings may be requested regarding any of these provisions
				  of these rules. A person who violates any provision of these regulations or of
				  state law is subject to any actions and remedies allowed under state law.
				  Enforcement and appeals shall be accordance with the Mississippi Underground
				  Storage Tank Act of 1988, 49-17-401, et seq.., and the Mississippi Air and
				  Water Pollution Control Law 49-17-1 et seq.
Miss. Ann. §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-17-31 through 49-17-41, 49-2-1, et seq., 49-17-1, et seq. and
				  17-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.21 - Property Rights

Current through June 25, 2024
These regulations do not convey any property rights in either
				  real or personal property, or any exclusive privileges, invasion of personal
				  rights or any infringement of federal, state, or local law.
Miss. Ann. §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-17-31 through 49-17-41, 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 11-5-2.1 - Program Scope and Interim Prohibition › Section 11-5-2.1-280.10 - Applicability

Current through June 25, 2024
(a) The requirements of this part apply to
				  all owners and operators of an UST system as defined in § 280.12 except as
				  otherwise provided in paragraphs (b), (c), and (d) of this section. Any UST
				  system listed in paragraph (c) of this rule must meet the requirements of
				  § 280.11.
(1) Previously deferred UST
				  systems. Airport hydrant fuel distribution systems, UST systems with
				  field-constructed tanks, and UST systems installed prior to October 1, 2008
				  that store fuel solely for use by emergency power generators must meet the
				  requirements of this part as follows:
(i)
				  Airport hydrant fuel distribution systems and UST systems with field
				  constructed tanks must meet the requirements in Rule 2.10.
(ii) UST systems installed prior to October
				  1, 2008 that store fuel solely for use by emergency power generators must meet
				  the Rule 2.4 requirements on or before October 5, 2021.
(iii) UST systems that store fuel solely for
				  use by emergency power generators installed after October 1, 2008 must meet all
				  applicable requirements of this part at
				  installation.
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 11-5-2.1 - Program Scope and Interim Prohibition › Section 11-5-2.1-280.11 - Installation requirements for partially excluded UST systems

Current through June 25, 2024
(a) No person may install an UST system
				  listed in § 280.10(c) for the purpose of storing regulated substances
				  unless the UST system (whether of single- or double-wall
				  construction):
(b) Will prevent
				  leaks due to corrosion or structural failure for the operational life of the
				  UST system:
(1) Is cathodically protected
				  against corrosion, constructed of non-corrodible material, steel clad with a
				  non-corrodible material, or designed in a manner to prevent the leak or
				  threatened leak of any stored substance; and
(2) Is constructed of materials that are
				  compatible with the stored substance.
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 11-5-2.2 - UST Systems: Design, Construction, Installation and Notification › Section 11-5-2.2-280.21 - Upgrading of existing UST systems

Current through June 25, 2024
Owners and operators must permanently close (in accordance
					 with Rule 2.7 ) any UST system that does not meet the new UST system
					 performance standards in § 280.20 or has not been upgraded in accordance
					 with paragraph (b) through (d) of this section. This does not apply to
					 previously deferred UST systems described in Rule 2.10 of this part and where
					 an upgrade is determined to be appropriate by MDEQ.
(a)
Alternatives allowed.
All existing UST systems must comply with one of the following requirements:
(1) New UST system performance standards
				  under § 280.20;
(2) The
				  upgrading requirements in paragraphs (b) through (d) of this rule; or
(3) Closure requirements under Rule 2.7 of
				  this part, including applicable requirements for corrective action under 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 11-5-2.2 - UST Systems: Design, Construction, Installation and Notification › Section 11-5-2.2-280.22 - Notification requirements

Current through June 25, 2024
(a) Any owner who
				  intends to install a new or replace an existing underground storage tank, pipe,
				  dispenser, or submersible pump on or after October 1, 2008, must, within 30
				  days of such planned installation, submit a "State of Mississippi Notice of
				  Upcoming Underground Storage Tank System Installation" form.
Note: If an unplanned replacement of an existing tank,
					 pipe, dispenser, or submersible pump is necessary due to failure, an accident
					 or for other circumstances the MDEQ deems appropriate, submittal of a "State of
					 Mississippi Notice of Upcoming Underground Storage Tank System Installation"
					 form is not required unless replacement is scheduled to occur more than 90 days
					 after failure or accident.
(b) Any owner who brings into use, installs,
				  replaces or changes the operational status of an underground storage tank,
				  pipe, dispenser or submersible pump, after May 8, 1986, must within 30 days of
				  bringing such tank, pipe, dispenser or submersible pump into use or changing
				  the operational status of, register with MDEQ by submittal of a "State of
				  Mississippi Notification for Underground Storage Tank System" form.
Note: Owners and operators of UST systems that were in the
					 ground on or after May 8, 1986, unless taken out of operation on or before
					 January 1, 1974, were required to notify the designated state or local agency
					 in accordance with the Hazardous and Solid Waste Amendments of 1984, Pub. L.
					 98-616, on a form published by EPA on November 8, 1985, (50 FR 46602) unless
					 notice was given pursuant to section 103(c) of CERCLA.
(c) Any person who becomes the owner of an
				  existing underground storage tank system must, within 30 days of becoming the
				  owner, register with MDEQ by submittal of a "State of Mississippi Underground
				  Storage Tank System Change of Ownership" form or a "State of Mississippi
				  Notification for Underground Storage Tank System" form.
(d) All owners and operators of UST systems
				  installed on or after December 22, 1988, must certify in the notification form
				  compliance with the following requirements:
(1) Installation of tanks and piping under
				  § 280.20(g);
(2) Cathodic
				  protection of steel tanks and piping under § 280.20(a) and (b);
(3) Financial responsibility under Rule 2.8
				  of this part; and
(4) Leak
				  detection under §§ 280.41 and 280.42.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.30 - Operation and maintenance of spill and overfill prevention equipment

Current through June 25, 2024
(a) Owners and operators must ensure that
				  releases due to spilling or overfilling do not occur. The owner and operator
				  must ensure that the volume available in the tank is greater than the volume of
				  product to be transferred to the tank before the transfer is made and that the
				  transfer operation is monitored constantly to prevent overfilling and spilling.
				  Prior to receiving a delivery, owners and operators must ensure that the spill
				  prevention equipment is free of any fluids or debris and the full volume of the
				  spill containment device is available to contain any spills that may occur
				  during the delivery. After completion of the delivery, owners and operators
				  must ensure that the spill prevention equipment is emptied of any regulated
				  substances that may have accumulated during the delivery operation.
(b) The owner and operator must report,
				  investigate, and clean up any spills and overfills in accordance with §
				  280.53.
(c) The integrity of all
				  spill prevention equipment must be tested in accordance with the following
				  requirements:
(1) Frequency.
(i) Spill prevention equipment installed on
				  or after October 1, 2008, must be tested after installation and before the UST
				  system receives any delivery of regulated substances and at least once every 12
				  months thereafter.
(ii) Spill
				  prevention equipment installed before October 1, 2008, must be tested by
				  October 1, 2009, and at least once every 12 months thereafter.
(iii)Spill prevention equipment must be
				  tested whenever it is suspected, by visual evidence or other means, that the
				  integrity of the spill prevention equipment may be in
				  question.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.31 - Operation and maintenance of secondary containment

Current through June 25, 2024
Owners and operators of UST systems installed on or after
					 October 1, 2008, and all secondarily contained UST systems utilizing
					 interstitial monitoring in accordance with § 280.43(g), § 280.44(c),
					 or § 280.45 must comply with the following requirements in order to ensure
					 that releases due to improper operation and maintenance of secondary
					 containment do not occur:
(a) The
				  owner and operator must report and investigate any leak or suspected release in
				  accordance with Rule 2.5.
(b) Any
				  regulated substances found within the secondary containment must be removed
				  within 24 hours of discovery or another time frame determined by the MDEQ to be
				  appropriate.
(c) All secondary
				  containment must be inspected for proper operation in accordance with the
				  following requirements:
(1) Frequency.
(i) Secondary containment equipment must be
				  tested at installation and before the UST system receives any delivery of
				  regulated substances and at least once every 36 months thereafter.
(ii) The integrity of all secondary
				  containment components of a UST that can be observed must be visually inspected
				  at least once every 12 months.
(iii)Secondary containment equipment must be
				  integrity tested whenever it is suspected, by visual evidence or other means,
				  that the integrity of the secondary containment equipment may be in question.
(iv) On or before October 5,
				  2019., continuously monitored secondary containment shall be visually inspected
				  at least once every 12 months.
Note: If a containment sump is not the lowest point in a
					 piping run, then at least once every 36 months the primary piping and the
					 secondary containment jacket interstitial space shall be integrity
					 tested.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.32 - Operation and maintenance of corrosion protection

Current through June 25, 2024
All owners and operators of steel UST systems with
					 corrosion protection must comply with the following requirements to ensure that
					 leaks due to corrosion are prevented for as long as the UST system can be used
					 to store regulated substances:
(a) All
				  corrosion protection systems must be operated and maintained to continuously
				  provide corrosion protection to the metal components of that portion of the
				  tank, piping, and ancillary equipment that routinely contain regulated
				  substances and are in contact with the soil and/or water
				  (electrolyte).
(b) All UST systems
				  equipped with cathodic protection systems must be inspected for proper
				  operation by a qualified cathodic protection tester in accordance with the
				  following requirements:
(1)
Frequency.
All cathodic protection systems must be tested
				  within 6 months of installation and at least every 3 years thereafter or
				  according to another reasonable time frame established by the MDEQ; and
(2)
Inspection
				  criteria.
The criteria that are used to determine that cathodic
				  protection is adequate as required by this section must be in accordance with
				  the requirements in "Guidelines for the Evaluation of Underground Storage Tank
				  Cathodic Protection Systems" and any applicable industry code or recommended
				  practice listed in § 280.13.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.33 - Compatibility

Current through June 25, 2024
(a) Owners and operators must use an UST
				  system made of or lined with materials that are compatible with the substances
				  stored in the UST system and with any soils backfill materials, interstitial
				  monitoring fluids, groundwater or other fluids the tanks system may be exposed
				  to either internally or externally.
(b) Owners and operators with UST systems
				  storing a regulated substance containing greater than 10 percent ethanol or
				  greater than 20 percent biodiesel must meet one of the following:
(1) Demonstrate compatibility of the UST
				  system (including the tank, piping, containment sumps, pumping equipment,
				  release detection equipment, spill equipment, and overfill equipment). Owners
				  and operators may demonstrate compatibility of the UST system by using one of
				  the following options:
(i) Certification or
				  listing of UST system equipment or components by a nationally recognized,
				  independent testing laboratory for use with the regulated substance stored;
				  or
(ii) Equipment or component
				  manufacturer approval. The manufacturer's approval must be in writing, indicate
				  an affirmative statement of compatibility, specify the range of biofuel blends
				  the equipment or component is compatible with, and be from the equipment or
				  component manufacturer; 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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.35 - Reporting and recordkeeping

Current through June 25, 2024
Owners and operators of UST systems must cooperate fully
					 with inspections, monitoring and testing conducted by the MDEQ, as well as
					 requests for document submission, testing, and monitoring by the owner or
					 operator pursuant to section 9005 of Subtitle I of the Resource Conservation
					 and Recovery Act, as amended.
(a)
Reporting.
Owners and operators must submit the following
				  information to the MDEQ:
(1) Notification for
				  all UST systems (§ 280.22 ), which includes registration and certification
				  of installation for new and replacement UST systems (§ 280.20(g) );
(2) Notification for registration
				  when any person assumes ownership of an UST system (§ 280.22(c)
				  );
(3) A notification within 30
				  days of changing the status of a tank (§ 280.22(b) );
(4) A notification before installation of new
				  tanks, piping, dispensers, and submersible pumps (§ 280.22(a) );
(5) Notification prior to UST systems
				  switching to certain regulated substances listed in § 280.22(g);
(6) Reports of all leaks including
				  suspected releases (§ 280.50 ), spills and overfills (§ 280.53 ), and
				  confirmed releases (§ 280.61 );
(7) Corrective actions planned or taken
				  including initial abatement measures (§ 280.62 ), initial site
				  characterization (§ 280.63 ), free product removal (§ 280.64 ),
				  investigation of soil and ground-water cleanup (§ 280.65 ), and corrective
				  action plan (§ 280.66 );
(8)
				  A notification before permanent closure or change-in-service (§ 280.71 );
				  and
(9) Notification of persons
				  trained in accordance with § 280.37(d) as UST compliance
				  managers
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.36 - Delivery Prohibition

Current through June 25, 2024
Effective October 1, 2008, it shall be unlawful for any
					 person to deliver to, deposit into, or accept a regulated substance into an
					 underground storage tank at a facility that has been identified by the MDEQ to
					 be ineligible for such delivery, deposit, or acceptance.
(a) Classification as ineligible.
(1) The MDEQ shall classify an underground
				  storage tank as ineligible for delivery, deposit, or acceptance of a regulated
				  substance as soon as practicable after it is determined one or more of the
				  following conditions exists:
(i) Assessed
				  tank regulatory fees are more than 90 days past due for payment;
(ii) Required spill prevention equipment is
				  not installed;
(iii) Required
				  overfill prevention equipment is not installed;
(iv) Required leak detection equipment is not
				  installed;
(v) Required corrosion
				  protection equipment is not installed;
(vi) Required secondary containment is not
				  installed;
(vii) Required shear
				  valve is not installed or a shear valve is purposely disabled;
(viii) A leak of regulated substances which
				  presents an eminent threat of release or for which the owner/operator has not
				  initiated repairs or an appropriate response in a timely manner; or
(ix) Other conditions where MDEQ deems
				  equipment has been purposely disabled.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.37 - UST compliance manager and UST operations clerk training

Current through June 25, 2024
To ensure UST systems are managed, operated and maintained
					 in a compliant manner protective of human health and the environment, trained
					 UST compliance managers and UST operations clerks must be identified for every
					 UST facility that is operating.
(a)
General Requirements.
(1)
				  Owners must identify at least one person as the UST compliance manager for each
				  of their UST facilities.
(2)
				  Owners must identify at least one person as the UST operations clerk for each
				  of their manned, operating UST facilities.
(3) Separate individuals may be identified as
				  a UST compliance manager and a UST operations clerk or the same individual may
				  be identified as both.
(4) For
				  manned facilities, at least one UST operations clerk must be present onsite
				  whenever the UST system is operating. Emergency contact information and
				  appropriate emergency response procedures shall be available at the
				  facility.
(5) For unmanned
				  facilities, emergency contact information and appropriate emergency response
				  procedures shall be prominently posted at the facility.
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 11-5-2.3 - General Operating Requirements › Section 11-5-2.3-280.38 - Operation and maintenance walkthrough inspections

Current through June 25, 2024
(a) To properly operate and maintain UST
				  systems, not later than October 5, 2021, owners and operators must conduct a
				  walkthrough inspection every 30 days that meet one of the following:
(1) Inspects spill prevention equipment and
				  release detection equipment; or
(i) Spill
				  prevention equipment shall be visually checked for damage. All liquid or debris
				  shall be removed. Fill lines shall be visually inspected with any obstructions
				  removed. Fill caps must be inspected to ensure a tight fit. Double walled spill
				  prevention equipment with interstitial monitoring shall be checked for a leak
				  in the interstitial area.
Note: UST systems receiving deliveries at
				  intervals greater than every 30 days may reduce spill prevention equipment
				  inspections to coincide with fuel deliveries.
(ii) Release detection equipment shall be
				  visually checked to ensure the equipment is operating with no alarms or other
				  unusual operating conditions present. All records of release detection testing
				  and alarm reconciliation are reviewed and current.
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.40 - General requirements for all UST systems

Current through June 25, 2024
(a)
				  Owners and operators of new and existing UST systems must provide a method, or
				  combination of methods, of leak detection that:
(1) Can detect a leak from any portion of the
				  tank and the connected underground piping and ancillary equipment that
				  routinely contains product;
(2) Is
				  installed, calibrated, operated, and maintained in accordance with the
				  manufacturer's instructions and any applicable code of practice listed in
				  § 280.13, including routine maintenance and service checks for operability
				  or running condition;
(3) Beginning
				  on [three years after effective date of rule], is operated and maintained, and
				  electronic and mechanical components are tested for proper operation. The leak
				  detection equipment shall be tested for proper operation in accordance with one
				  of the following: manufacturer's instructions; a code of practice developed by
				  a nationally recognized association or independent testing laboratory; or
				  requirements determined by MDEQ to be no less protective of human health and
				  the environment than the two options listed above. A test of the proper
				  operation must be performed at least every 12 months and, at a minimum, as
				  applicable to the facility, cover the following components and criteria:
(i) Automatic tank gauge and other
				  controllers: test alarm; verify system configuration; test battery
				  backup;
(ii) Probes and sensors:
				  inspect for proper placement; remove any residual buildup; ensure floats move
				  freely; ensure shaft is not damaged; ensure cables are free of kinks and
				  breaks; test alarm operability and communication with controller;
(iii) Automatic line leak detector: test
				  operation to meet criteria in § 280.44(a) by simulating a leak;
(iv) Vacuum pumps and pressure gauges: ensure
				  proper communication with sensors and controller; and
(v) Hand-held electronic sampling equipment
				  associated with groundwater and vapor monitoring: ensure proper operation:
				  and
(4) Meets the
				  performance requirements in § 280.43, § 280.44, § 280.45, or
				  Rule 2.10 with any performance claims and their manner of determination
				  described in writing by the equipment manufacturer or installer. In addition,
				  methods used must be capable of detecting the leak rate or quantity specified
				  for that method in the corresponding section of the rule with a probability of
				  detection of 0.95 and a probability of false alarm of 0.05.
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.41 - Requirements for petroleum UST systems

Current through June 25, 2024
Owners and operators of petroleum UST systems must provide
					 leak detection for tanks, piping, and ancillary equipment within secondary
					 containment sumps as follows:
(a)
Tanks.
Tanks installed on or after October 1, 2008, must be
				  monitored at least every 30 days for leaks in accordance with § 280.43(g).
				  Tanks installed before October 1, 2008, must be monitored at least every 30
				  days for leaks using one of the methods listed in § 280.43(d) through (h)
				  except that:
(1) UST systems that meet the
				  performance standards in § 280.20 or § 280.21, and the monthly
				  inventory control requirements in § 280.43(a) or (b), may use tank
				  tightness testing (conducted in accordance with § 280.43(c) ) at least
				  every 5 years until December 22, 1998, or until 10 years after the tank is
				  installed or upgraded under § 280.21(b), whichever is later;
(2) Tanks with capacity of 550 gallons or
				  less may use weekly tank gauging (conducted in accordance with § 280.43(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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.42 - Requirements for hazardous substance UST systems

Current through June 25, 2024
Owners and operators of hazardous substance UST systems
					 must provide leak detection that meets the following requirements:
(a) Leak detection at existing UST systems
				  must meet the requirements for petroleum UST systems in § 280.41. By
				  December 22, 1998, all existing hazardous substance UST systems must meet the
				  leak detection requirements for new systems in paragraph (b) of this
				  rule.
(b) Leak detection at new
				  hazardous substance UST systems must meet the following requirements:
(1) Secondary containment systems must be
				  designed, constructed and installed to:
(i)
				  Contain regulated substances leaked from the tank system until they are
				  detected and removed;
(ii) Prevent
				  the release of regulated substances to the environment at any time during the
				  operational life of the UST system; and
(iii)Be checked for evidence of a leak at
				  least every 30 days.
Note: The provisions of
					 40 CFR
					 265.193, Containment and Detection of
					 Releases, may be used to comply with these
					 requirements.
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.43 - Methods of leak detection for tanks

Current through June 25, 2024
Each method of leak detection for tanks used to meet the
					 requirements of § 280.41 must be conducted in accordance with the
					 following:
(a)
Inventory
				  control.
Product inventory control (or another test of equivalent
				  performance) must be conducted monthly to detect a leak of at least 1.0 percent
				  of flow-through plus 130 gallons on a monthly basis in the following manner:
(1) Inventory volume measurements for
				  regulated substance inputs, withdrawals, and the amount still remaining in the
				  tank are recorded each operating day;
(2) The equipment used is capable of
				  measuring the level of product over the full range of the tank's height to the
				  nearest one-eighth of an inch;
(3)
				  The regulated substance inputs are reconciled with delivery receipts by
				  measurement of the tank inventory volume before and after delivery;
(4) Deliveries are made through a drop tube
				  that extends to within one foot of the tank bottom;
(5) Product dispensing is metered and
				  recorded within the local standards for meter calibration or an accuracy of 6
				  cubic inches for every 5 gallons of product withdrawn; and
(6) The measurement of any water level in the
				  bottom of the tank is made to the nearest one-eighth of an inch at least once a
				  month.
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.44 - Methods of leak detection for piping

Current through June 25, 2024
Each method of leak detection for piping used to meet the
					 requirements of § 280.41 must be conducted in accordance with the
					 following:
(a)
Automatic line
				  leak detectors.
Methods which alert the operator to the presence of a
				  leak by restricting or shutting off the flow of regulated substances through
				  piping or triggering an audible or visual alarm may be used only if they detect
				  leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1
				  hour. Testing must be performed in accordance with the following requirements:
(1) Frequency.
(i) Automatic line leak detectors installed
				  on or after October 1, 2008, must be tested in accordance with the requirements
				  of this rule at startup to verify proper operation and at least once every 12
				  months thereafter.
(ii) Automatic
				  line leak detectors installed before October I, 2008, must be tested in
				  accordance with the requirements of this rule by no later than October 1, 2009,
				  and at least once every 12 months thereafter.
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.45 - Methods of leak detection for ancillary equipment within secondary containment sumps

Current through June 25, 2024
Each method of leak detection for ancillary equipment
					 within secondary containment sumps used to meet the requirements of §
					 280.31 and § 280.41 must be conducted in accordance with the
					 following:
(a) Visual Monitoring.
				  Testing or monitoring for liquids in the containment sump or in the interstice
				  of a double walled containment sump must meet the following requirements:
(1) Records must be maintained that show the
				  containment sump or the interstice of a double walled containment sump has been
				  checked at least every 30 days for evidence of a leak or ingress of external
				  fluids
(2) Once measurements have
				  been recorded, any fluids in the containment sumps shall be removed and
				  properly dispose
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 11-5-2.4 - Leak Detection › Section 11-5-2.4-280.46 - Leak detection recordkeeping

Current through June 25, 2024
All UST system owners and operators must maintain records
					 in accordance with § 280.35 demonstrating compliance with all applicable
					 requirements of this rule. These records must include the following:
(a) All written performance claims pertaining
				  to any leak detection system used, and the manner in which these claims have
				  been justified or tested by the equipment manufacturer or installer, must be
				  maintained for 5 years, or for another reasonable period of time determined by
				  the MDEQ, from the date of installation;
(b) The results of any sampling, testing, or
				  monitoring must be maintained for at least 1 year, or for another reasonable
				  period of time determined by the MDEQ, except that the results of tank
				  tightness testing conducted in accordance with § 280.43(c) must be
				  retained until the next test is conducted; and
(c) The results of annual operation tests
				  conducted in accordance with § 280.40(a)(3) must be maintained for three
				  years. At a minimum, the results must list each component tested, indicate
				  whether each component tested meets criteria in § 280.40(a)(3) or needs to
				  have action taken, and describe any action taken to correct an issue;
(d) Written documentation of all calibration,
				  maintenance, and repair of leak detection equipment permanently located on-site
				  must be maintained for at least one year after the servicing work is completed,
				  or for another reasonable time period determined by the MDEQ. Any schedules of
				  required calibration and maintenance provided by the leak detection equipment
				  manufacturer must be retained for 5 years from the date of installation.
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 11-5-2.5 - Leak Reporting, Release Reporting, Investigation, and Confirmation › Section 11-5-2.5-280.50 - Reporting of leaks and suspected releases

Current through June 25, 2024
Owners and operators of UST systems must report to the
					 MDEQ within 24 hours, or another reasonable time period specified by the MDEQ,
					 and follow the procedures in § 280.52 for any of the following
					 conditions:
(a) The discovery by
				  owners and operators or others of released regulated substances at the UST site
				  or in the surrounding area (such as the presence of free product or vapors in
				  soils, basements, sewer and utility lines, and nearby surface water);
(b) The discovery by owners and operators or
				  others of regulated substances within the interstitial space of a double-walled
				  tank or pipe. In the case of containment sumps, reporting is required only if
				  the amount of regulated substances is equal to or greater than one eighth inch
				  or if there is evidence of a leak and it appears the containment sump is not
				  liquid tight;
(c) Unusual
				  operating conditions observed by owners and operators (such as the erratic
				  behavior of product dispensing equipment, the sudden loss of product from the
				  UST system, or an unexplained presence of water in the tank), unless system
				  equipment is found to be defective but not leaking, and is immediately repaired
				  or replaced;
(d) The discovery by
				  owners and operators or others of failures of UST system equipment (such as
				  failed spill buckets, failed line leak detectors, failed sensors, etc.), if the
				  failed UST system equipment is not repaired and re-tested within 24 hours of
				  the discovery of the failure; and
(e) Monitoring results from a leak detection
				  method required under § 280.41 and § 280.42 that indicate a leak may
				  have occurred unless:
(1) The monitoring
				  device is found to be defective, and is immediately repaired, recalibrated or
				  replaced, and additional monitoring does not confirm the initial result; or
(2) In the case of inventory
				  control, a second month of data does not confirm the initial result.
(3) The alarm was investigated and determined
				  to be a non-release event (for example, from a power surge or caused by filling
				  the tank during release detection testing).
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 11-5-2.5-280.51 - Investigation due to off-site impacts

Current through June 25, 2024
When required by the MDEQ, owners and operators of UST
					 systems must follow the procedures in § 280.52 to determine if the UST
					 system is the source of off-site impacts. These impacts include the discovery
					 of regulated substances (such as the presence of free product or vapors in
					 soils, basements, sewer and utility lines, and nearby surface and drinking
					 waters) that has been observed by the MDEQ or brought to its attention by
					 another party.
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 11-5-2.5-280.52 - Release investigation and confirmation steps

Current through June 25, 2024
Unless corrective action is initiated in accordance with
					 Rule 2.6, owners and operators must immediately investigate and confirm all
					 suspected releases of regulated substances requiring reporting under §
					 280.50 within 7 days, or another reasonable time period specified by the MDEQ,
					 using either the following steps or another procedure approved by the
					 MDEQ:
(a)
System
				  test.
Owners and operators must conduct tests (according to the
				  requirements for tightness testing in § 280.43(c) and § 280.44(b) or,
				  as appropriate, secondary containment testing described in § 280.31(c)(3)
				  ) that determine whether a leak exists in that portion of the tank that
				  routinely contains product, or the attached delivery piping, or both, or if a
				  breach of either wall of the secondary containment has occurred.
(1) Owners and operators must repair, replace
				  or upgrade the UST system, and begin corrective action in accordance with Rule
				  2.6 if the test results for the system, tank, or delivery piping indicate that
				  a leak exists.
(2) Further
				  investigation is not required if the test results for the system, tank, and
				  delivery piping do not indicate that a leak exists and if environmental
				  contamination is not the basis for suspecting a release.
(3) Owners and operators must conduct a site
				  check as described in paragraph (b) of this section if the test results for the
				  system, tank, and delivery piping do not indicate that a leak exists but
				  environmental contamination is the basis for suspecting a
				  release.