reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part IV - Release Detection › Section 9VAC25-580-180 - Release detection recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
All UST system owners and operators must maintain records
					 in accordance with
					 9VAC25-580-120
					 demonstrating compliance with all applicable requirements of this part. These
					 records must include the following:
1.
				  All written performance claims pertaining to any release 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 five years from the
				  date of installation or as long as the method of release detection is used,
				  whichever is greater. Not later than January 1, 2021, records of site
				  assessments required under subdivisions 5 f and 6 g of
				  9VAC25-580-160
				  must be maintained for as long as the methods are used. Records of site
				  assessments developed after January 1, 2018, must be signed by a professional
				  engineer or professional geologist, or equivalent licensed professional with
				  experience in environmental engineering, hydrogeology, or other relevant
				  technical discipline acceptable to the department;
2. The results of any sampling, testing, or
				  monitoring must be maintained for at least one year, or for another reasonable
				  period of time determined by the department, except as follows:
a. The results of annual operation tests
				  conducted in accordance with subdivision A 3 of
				  9VAC25-580-130
				  must be maintained for three years. At a minimum, the results must list each
				  component tested, indicate whether each component tested meets criteria in
				  subdivision A 3 of
				  9VAC25-580-130
				  or needs to have action taken, and describe any action taken to correct an
				  issue;
b. The results of tank
				  tightness testing conducted in accordance with subdivision 3 of
				  9VAC25-580-160
				  must be retained until the next test is conducted; and
c. The results of tank tightness testing,
				  line tightness testing, and vapor monitoring using a tracer compound placed in
				  the tank system conducted in accordance with
				  9VAC25-580-390
				  D must be retained until the next test is conducted; and
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part V - Release Reporting, Investigation, and Confirmation › Section 9VAC25-580-190 - Reporting of suspected releases

Current through Register Vol. 40, No. 24, July 15, 2024
Owners and operators of UST systems must report to the
					 department within 24 hours and follow the procedures in
					 9VAC25-580-210
					 for any of the following conditions:
1. 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).
2. 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, an unexplained
				  presence of water in the tank, or liquid in the interstitial space of
				  secondarily contained systems), unless:
a.
				  The system equipment or component is found not to be releasing regulated
				  substances to the environment;
b.
				  Any defective system equipment or component is immediately repaired or
				  replaced; and
c. For secondarily
				  contained systems, except as provided for in subdivision 7 b (4) of
				  9VAC25-580-160,
				  any liquid in the interstitial space not used as part of the interstitial
				  monitoring method (for example, brine filled) is immediately removed.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part V - Release Reporting, Investigation, and Confirmation › Section 9VAC25-580-200 - Investigation due to off-site impacts

Current through Register Vol. 40, No. 24, July 15, 2024
When required by the department, owners and operators of
					 UST systems must follow the procedures in
					 9VAC25-580-210
					 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 state
					 waters) that has been observed by the department or brought to its attention by
					 another party.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part V - Release Reporting, Investigation, and Confirmation › Section 9VAC25-580-210 - Release investigation and confirmation steps

Current through Register Vol. 40, No. 24, July 15, 2024
Unless corrective action is initiated in accordance with
					 Part VI (9VAC25-580-230 et seq.)
					 of this chapter, owners and operators must immediately investigate and confirm
					 all suspected releases of regulated substances requiring reporting under
					 9VAC25-580-190
					 within seven days, or another reasonable time period specified by the
					 department upon written request made and approved within seven days after
					 reporting of the suspected release.
The following steps are required for release investigation
					 and confirmation:
1. System test.
				  Owners and operators must conduct tests (according to the requirements for
				  tightness testing in subdivision 3 of
				  9VAC25-580-160
				  and subdivision 2 of
				  9VAC25-580-170)
				  or, as appropriate, secondary containment testing described in subdivision 4 of
				  9VAC25-580-110
.
a. The test must determine
				  whether:
(1) A leak exists in that portion of
				  the tank that routinely contains product or in the attached delivery piping;
				  or
(2) A breach of either wall of
				  the secondary containment has occurred.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part V - Release Reporting, Investigation, and Confirmation › Section 9VAC25-580-220 - Reporting and cleanup of spills and overfills

Current through Register Vol. 40, No. 24, July 15, 2024
A. Owners and
				  operators of UST systems must contain and immediately clean up a spill or
				  overfill and report to the department within 24 hours and begin corrective
				  action in accordance with Part VI of this chapter in the following cases:
1. Spill or overfill of petroleum that
				  results in a release to the environment that exceeds 25 gallons 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 ).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-230 - General

Current through Register Vol. 40, No. 24, July 15, 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 part except for USTs excluded under
					 subsection B of
					 9VAC25-580-20 and UST systems
					 subject to RCRA Subtitle C corrective action requirements under § 3004(u)
					 of the Resource Conservation and Recovery Act, as amended.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-44.34:9 of the Code
						of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-240 - Initial response

Current through Register Vol. 40, No. 24, July 15, 2024
Upon confirmation of a release in accordance with
					 9VAC25-580-210
					 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:
1. Report the
				  release to the department (e.g., by telephone or electronic mail);
2. Take immediate action to prevent any
				  further release of the regulated substance into the environment; and
3. Identify and mitigate fire, explosion, and
				  vapor hazards.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-250 - Initial abatement measures and site check

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless
				  directed to do otherwise by the department, 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 groundwater;
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 subdivision 2 of
				  9VAC25-580-210
				  or the closure site assessment of subsection A of
				  9VAC25-580-330.
				  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 groundwater and other factors as appropriate for identifying
				  the presence and source of the release. Samples shall be tested according to
				  established EPA analytical methods or methods approved the department;
				  and
6. Investigate to determine the
				  possible presence of free product, and begin free product removal as soon as
				  practicable and in accordance with
				  9VAC25-580-270.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-260 - Site characterization

Current through Register Vol. 40, No. 24, July 15, 2024
A. 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
				  9VAC25-580-230 and
				  9VAC25-580-240.
				  This information must include, but is not necessarily limited to, the
				  following:
1. Data on the material released
				  and the estimated quantity of release;
2. Data from available sources or site
				  investigations concerning the following:
a.
				  Site assessment to include: data on the physical/chemical properties of the
				  contaminant; nature and quantity and extent of the release; evidence that free
				  product is found to need recovery; geologic/hydrologic site characterization;
				  current and projected land/water uses; water quality; subsurface soil
				  conditions; evidence that contaminated soils are in contact with the
				  groundwater; locations of subsurface conduits (e.g., sewers, utility lines,
				  etc.); and climatological conditions. Samples collected for this site
				  characterization shall be tested according to established EPA analytical
				  methods or methods approved by the department;
b. Risk (exposure) assessment to include:
				  evidence that wells of the area have been affected; use and approximate
				  locations of wells potentially affected by the release; identification of
				  potential and impacted receptors; migration routes; surrounding populations;
				  potential for additional environmental damage;
c. Remediation assessment to include:
				  potential for remediation and applicability of different remediation
				  technologies to the site.
3. Results of the site check required under
				  subdivision A 5 of
				  9VAC25-580-250;
				  and
4. Results of the free product
				  investigations required under subdivision A 6 of
				  9VAC25-580-250,
				  to be used by owners and operators to determine whether free product must be
				  recovered under
				  9VAC25-580-270.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-270 - Free product removal

Current through Register Vol. 40, No. 24, July 15, 2024
At sites where investigations under subdivision A 6 of
					 9VAC25-580-250
					 indicate the presence of free product, owners and operators must remove free
					 product to the maximum extent practicable as determined by the department while
					 continuing, as necessary, any actions initiated under
					 9VAC25-580-240
					 through
					 9VAC25-580-260,
					 or preparing for actions required under
					 9VAC25-580-280.
					 In meeting the requirements of this section, owners and operators must:
1. 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 by-products in compliance with applicable local, state and federal
				  regulations;
2. Use abatement of
				  free product migration as a minimum objective for the design of the free
				  product removal system;
3. Handle
				  any flammable products in a safe and competent manner to prevent fires or
				  explosions; and
4. Unless directed
				  to do otherwise by the department, prepare and submit to the department within
				  45 days after confirming a release a free product removal report that provides
				  at least the following information:
a. The
				  name of the persons responsible for implementing the free product removal
				  measures;
b. The estimated
				  quantity, type, and thickness of free product observed or measured in wells,
				  bore holes, and excavations;
c. The
				  type of free product recovery system used;
d. Whether any discharge will take place
				  on-site or off-site during the recovery operation and where this discharge will
				  be located;
e. The type of
				  treatment applied to, and the effluent quality expected from, any
				  discharge;
f. The steps that have
				  been or are being taken to obtain necessary permits for any discharge;
				  and
g. The disposition of the
				  recovered free product.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-280 - Corrective action plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. At any point
				  after reviewing the information submitted in compliance with
				  9VAC25-580-240,
				  9VAC25-580-250,
				  and
				  9VAC25-580-260,
				  the department may require owners and operators to submit additional
				  information or to develop and submit a corrective action plan for responding to
				  contaminated soils and groundwater. If a plan is required, owners and operators
				  must submit the plan according to a schedule and format established by the
				  department. Alternatively, owners and operators may, after fulfilling the
				  requirements of
				  9VAC25-580-240,
				  9VAC25-580-250,
				  and
				  9VAC25-580-260,
				  choose to submit a corrective action plan for responding to contaminated soil
				  and groundwater. 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 department and must modify their plan as
				  necessary to meet this standard.
B.
				  In conjunction with the information provided under subdivision A 2 of
				  9VAC25-580-260
				  (site assessment, risk (exposure) assessment, and remediation assessment), the
				  corrective action plan must include the following information:
1. Detailed conceptual design including
				  narrative description of technologies and how they will be applied at the
				  site;
2. Projected remediation end
				  points/degree of remediation;
3.
				  Schedule of project implementation;
4. Schedule to achieve projected end
				  points;
5. Operational and
				  post-operational monitoring schedules (to include data submittals);
6. Proposed disposition of any wastes and
				  discharges (if applicable);
7.
				  Actions taken to obtain any necessary federal, state and local permits to
				  implement the plan; and
8. Proposed
				  actions to notify persons directly affected by the release or the planned
				  corrective action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-290

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances › Section 9VAC25-580-300 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each
				  confirmed release that requires a corrective action plan, the department will
				  require the owner and operator to provide notice to the public by means
				  designed to reach those members of the public directly affected by the release
				  or 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 department 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 department 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 department will
				  require the owner and operator to give public notice that complies with
				  subsection A of this section 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 department.
E. These public participation requirements do
				  not supersede any public participation requirements of other
				  regulations.
F. In the event the
				  owner and operator have failed to give the required notice to the public, the
				  department will provide such notice to the extent required by applicable
				  federal law.
G. In those cases
				  where the department implements the corrective plan, the department will
				  provide such notice to the extent required by applicable federal law.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VII - Out-of-Service UST Systems and Closure › Section 9VAC25-580-310 - Temporary closure

Current through Register Vol. 40, No. 24, July 15, 2024
Owners and operators must obtain a permit and the required
					 inspections in accordance with the provisions of the Virginia Uniform Statewide
					 Building Code (§
										36-97 et seq. of the Code of
					 Virginia).
A permit from the building official must be obtained prior
					 to temporary tank closure. No UST system shall be temporarily closed unless and
					 until the system is inspected in accordance with the provisions of the Virginia
					 Uniform Statewide Building Code (§
										36-97 et seq. of the Code of
					 Virginia).
In the case of state-owned facilities the De"part"ment of
					 General Services shall function as the building official in accordance with
					 §
										36-98.1 of the Code of
					 Virginia.
In the case of federal facilities the building official
					 must be contacted. Owners and operators must obtain a permit and the required
					 inspections in accordance with the provisions of the Virginia Uniform Statewide
					 Building Code (§
										36-97 et seq. of the Code of
					 Virginia).
1. When an UST system is
				  temporarily closed, owners and operators must continue operation and
				  maintenance of corrosion protection in accordance with
				  9VAC25-580-90, and any release
				  detection in accordance with "part"s IV (9VAC25-580-130 et seq.) and X
				  (9VAC25-580-380 et seq.) of this chapter. "part"s V (9VAC25-580-190 et seq.) and VI
				  (9VAC25-580-230 et seq.) of this
				  chapter must be complied with if a release is suspected or confirmed. However,
				  release detection and release detection operation and maintenance testing and
				  inspections in "part"s III (9VAC25-580-80 et seq.)
				  and IV of this chapter are 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 2.5 centimeters (one inch) of residue,
				  or 0.3% by weight of the total capacity of the UST system, remain in the
				  system. In addition, spill and overfill operation and maintenance testing and
				  inspections in "part" III of this chapter are not required.
2. When an UST system is temporarily closed
				  for three months or more, owners and operators must also comply with the
				  following requirements:
a. Leave vent lines
				  open and functioning; and
b. Cap
				  and secure all other lines, pumps, manways, and ancillary equipment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VII - Out-of-Service UST Systems and Closure › Section 9VAC25-580-330 - Assessing the site at closure or change-in-service

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before
				  permanent closure or a change-in-service is completed, owners and operators
				  must measure for the presence of a release where contamination is most likely
				  to be present at the UST site. In selecting sample type or types (soil or
				  water) and sample location or locations, and measurement methods, owners and
				  operators must consider the method of closure, the nature of the stored
				  substance, the type of backfill, the depth to groundwater and other factors
				  appropriate for identifying the presence of a release. Samples shall be tested
				  according to established EPA analytical methods or methods approved by the
				  department. Where the suspected release is a petroleum product, the samples
				  shall be analyzed for total petroleum hydrocarbons (TPH). The requirements of
				  this section are satisfied if one of the external release detection methods
				  allowed in subdivisions 5 and 6 of
				  9VAC25-580-160
				  is operating in accordance with the requirements in
				  9VAC25-580-160
				  at the time of closure, and indicates no release has occurred.
B. In all cases where a sample or samples are
				  analyzed, the owner and operator shall submit, along with the amended UST
				  notification form as required in subdivision 1 of
				  9VAC25-580-320,
				  a copy of the laboratory results (including a statement as to the test method
				  used), a description of the area sampled, and a site map depicting tanks,
				  piping, and sample location or locations.
C. If contaminated soils, contaminated
				  groundwater or free product as a liquid or vapor is discovered under subsection
				  A of this section, or by any other manner, owners and operators must begin
				  corrective action in accordance with Part VI (9VAC25-580-230 et seq.)
				  of this chapter.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VII - Out-of-Service UST Systems and Closure › Section 9VAC25-580-340 - Applicability to previously closed UST systems

Current through Register Vol. 40, No. 24, July 15, 2024
When directed by the department, 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 part if
					 releases from the UST may, in the judgment of the department, pose a current or
					 potential threat to human health and the environment.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VII - Out-of-Service UST Systems and Closure › Section 9VAC25-580-350 - Closure records

Current through Register Vol. 40, No. 24, July 15, 2024
Owners and operators must maintain records in accordance
					 with
					 9VAC25-580-120
					 that are capable of demonstrating compliance with closure requirements under
					 this part. The results of the excavation zone assessment required in
					 9VAC25-580-330
					 must be maintained for at least three years after completion of permanent
					 closure or change-in-service in one of the following ways:
1. By the owners and operators who took the
				  UST system out of service;
2. By
				  the current owners and operators of the UST system site; or
3. By mailing these records to the department
				  if they cannot be maintained at the closed facility.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part VIII - Delegation › Section 9VAC25-580-360

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.34:9 of the Code of Virginia;
						42 USC §
													6901 et seq.;
						40 CFR Parts
						280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part IX - Delivery Prohibition › Section 9VAC25-580-370 - Requirements for delivery prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person
				  shall deliver to, deposit into, or accept a petroleum product or other
				  regulated substance into an underground storage tank that has been identified
				  under subdivision G 2 of this section by the department to be ineligible for
				  such delivery, deposit, or acceptance. Unless authorized in writing by the
				  department, no person shall alter, deface, remove, or attempt to remove a tag
				  that prohibits delivery, deposit, or acceptance of a petroleum product or other
				  regulated substance to an underground storage tank.
B. When an inspection or other information
				  provides reason to believe one or more of the following violations exists, the
				  department shall initiate a proceeding in accordance with subsection D of this
				  section:
1. Spill prevention equipment is not
				  installed on the UST system properly as required by
				  9VAC25-580-50
				  or
				  9VAC25-580-60
				  or is disabled;
2. Overfill
				  protection equipment is not installed on the UST system properly as required by
				  9VAC25-580-50
				  or
				  9VAC25-580-60
				  or is disabled;
3. Release
				  detection equipment is not installed on the UST system properly or is disabled
				  or a release detection method is not being performed as required by
				  9VAC25-580-50
				  or
				  9VAC25-580-60;
4. Corrosion protection equipment is not
				  installed on the UST system properly as required by
				  9VAC25-580-50
				  or
				  9VAC25-580-60
				  or is disabled;
5. Secondary
				  containment is not installed on the UST system properly as required by
				  9VAC25-580-50,
				  9VAC25-580-60,
				  or
				  9VAC25-580-150
				  or is disabled; or
6. The
				  department has reason to believe that an UST system is leaking and the owner or
				  operator has failed to initiate and complete the investigation and confirmation
				  requirements of
				  9VAC25-580-190,
				  9VAC25-580-200,
				  and
				  9VAC25-580-210.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part IX - Delivery Prohibition › Section 9VAC25-580-370:1 - APPENDIX I. VIRGINIA UNDERGROUND STORAGE TANK NOTIFICATION FORMS (REPEALED)

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62-1.44.15 and
						62.1-44.34:9 of the Code of
						Virginia; 42 USC §
													6901 et seq.; 40 CFR "part"s 280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part IX - Delivery Prohibition › Section 9VAC25-580-370:2 - APPENDIX II. STATEMENT FOR SHIPPING TICKETS AND INVOICES (REPEALED)

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62-1.44.15 and
						62.1-44.34:9 of the Code of
						Virginia; 42 USC §
													6901 et seq.; 40 CFR "part"s 280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part X - UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems › Section 9VAC25-580-380 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Implementation of requirements
.
Owners and operators must
				  comply with the requirements of this part for UST systems with
				  field-constructed tanks and airport hydrant systems as follows:
1. For UST systems installed before January
				  1, 2018, the requirements are effective according to the following schedule:
Requirement
Effective Date
Upgrading UST systems; general operating
								  requirements; and operator training
January 1, 2021
Release detection
January 1, 2021
Release reporting, response, and investigation;
								  closure; financial responsibility and notification (except as provided in
								  subsection B of this section)
January 1, 2018
2.
				  For UST systems installed on or after January 1, 2018, the requirements apply
				  at installation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 580 - UNDERGROUND STORAGE TANKS: TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS › Part X - UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems › Form - FORMS (9VAC25-580)

Current through Register Vol. 40, No. 24, July 15, 2024
Notification
					 for Underground Storage Tanks (USTs), Virginia DEQ Water Form 7530- (rev.
					 1/2018)
Notification
					 for Underground Storage Tanks (USTs), Virginia DEQ Water Form 7530-
					 instructions (rev. 1/2018)
Notification
					 for Underground Storage Tanks Change of Ownership by Former Owner, Virginia DEQ
					 Water Form 7530-A (rev. 4/2016)
Notification
					 for Underground Storage Tanks Change of Ownership by Former Owner, Virginia DEQ
					 Water Form 7530-A instructions (rev. 4/2016)
Notification
					 for Underground Storage Tanks Multiple Facility Amendment by Currently
					 Registered Owner, Virginia DEQ Water Form 7530-B (rev. 4/2016)
Notification
					 for Underground Storage Tanks Multiple Facility Amendment by Currently
					 Registered Owner, Virginia DEQ Water Form 7530-B instructions (rev.
					 4/2016)
Notification
					 for Underground Storage Tanks (USTs) Change of Ownership for UST Facility,
					 Virginia DEQ Water Form 7530-C (rev. 1/2018)
Statutory Authority: §§ 62-1.44.15 and
						62.1-44.34:9 of the Code of
						Virginia; 42 USC §
													6901 et seq.; 40 CFR "part"s 280 and
						281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-15 - Applicability of incorporated references based on the dates that they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the U.S. Environmental
				  Protection Agency set forth in Title 40 of the Code of Federal Regulations is
				  referenced or adopted in this chapter and incorporated by reference, that
				  regulation shall be as it exists and has been published as of July 1,
				  2017.
Statutory Authority: §
											62.1-44.15
					 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122,
					 123, 124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				applies to owners and operators of all petroleum UST systems regulated under
				9VAC25-580, except as otherwise provided in this section and
				9VAC25-590-210.
B. Owners and operators of petroleum UST
				systems are subject to these requirements in accordance with
				9VAC25-590-30.
C. State and federal government entities
				whose debts and liabilities are the debts and liabilities of the Commonwealth
				of Virginia or the United States have the requisite financial strength and
				stability to fulfill their financial assurance requirements and are relieved of
				the requirements to further demonstrate an ability to provide financial
				responsibility under this chapter.
D. The requirements of this chapter do not
				apply to owners and operators of any UST system described in
				9VAC25-580-20 B,
				9VAC25-580-20 C 1, C 3, or C
				4.
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 "part"ies are
				liable in event of noncompliance.
Statutory Authority: §§ 62-1.44.15 and
					 62.1-44.34:9 of the Code of
					 Virginia; 42 USC §
												6901 et seq.; 40 CFR "part"s 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-30 - Compliance dates

Current through Register Vol. 40, No. 24, July 15, 2024
Owners of petroleum underground storage tanks must comply
				  with the requirements of this chapter. Previously deferred UST systems must
				  comply with the requirements of this chapter according to the schedule in
				  9VAC25-580-380.
Statutory Authority: §§ 62-1.44.15 and
					 62.1-44.34:9 of the Code of
					 Virginia; 42 USC §
												6901 et seq.; 40 CFR "part"s 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-40 - Amount and scope of financial responsibility requirement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Owners or
				operators of petroleum underground storage tanks shall 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 at least in 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.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-50 - Allowable mechanisms and combinations of mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subject to the limitations of subsection B
				of this section, an owner or operator may use any one or combination of the
				mechanisms listed in
				9VAC25-590-60 through
				9VAC25-590-110 to demonstrate
				financial responsibility under this chapter for one or more underground storage
				tanks. A local government owner or operator may use any one or combination of
				the mechanisms listed in
				9VAC25-590-60 through
				9VAC25-590-110 and
				9VAC25-590-250 to demonstrate
				financial responsibility under this chapter for one or more underground storage
				tanks.
B. An owner or operator may
				use self-insurance in combination with a guarantee only if, for the purpose of
				meeting the requirements of the financial test under this chapter, the
				financial statements of the owner or operator are not consolidated with the
				financial statements of the guarantor.
Statutory Authority
§§ 62.1-44.34:9 and 62.1-44.34:12 of the Code of
					 Virginia; 40 CFR Part 280.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-60 - Financial test of self-insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator and/or guarantor, may satisfy the requirements of
				9VAC25-590-40
				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 shall meet the
				requirements of subsection B or C and subsection D of this section based on
				year-end financial statements for the latest completed financial reporting
				year.
B.
1. The owner or operator and/or guarantor
				shall have a tangible net worth at least equal to the total of:
a. The applicable aggregate financial
				responsibility amount required by
				9VAC25-590-40
				B for which a financial test is used to demonstrate financial responsibility,
				except as provided in
				9VAC25-590-210;
				and
b. The aggregate aboveground
				storage tank financial responsibility amount required under 9VAC25-640, for
				which a financial test is used to demonstrate financial
				responsibility.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-70 - Guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator may satisfy the requirements of
				9VAC25-590-40
				by obtaining a guarantee that conforms to the requirements of this section. The
				guarantor shall be:
1. A firm that:
a. Possesses a controlling interest in the
				owner or operator;
b. Possesses a
				controlling interest in a firm described under subdivision A 1 a of this
				section; or
c. Is controlled
				through stock ownership by a common parent firm that possesses a controlling
				interest in the owner or operator; or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-80 - Insurance and group self-insurance pool coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. An
				owner or operator may satisfy the requirements of
				9VAC25-590-40 by obtaining
				liability insurance that conforms to the requirements of this section from a
				qualified insurer or by entering into a member agreement with a group
				self-insurance pool.
2. Such
				liability insurance may be in the form of a separate insurance policy or an
				endorsement to an existing insurance policy.
3. Group self-insurance pools shall comply
				with § 62.1-44.34:12 of the Code of Virginia and the rules promulgated by
				the State Corporation Commission designated as Chapter 380 of Title 14 of the
				Virginia Administrative Code and entitled "Rules Governing Underground Storage
				Tank Owners and Operators Group Self-Insurance Pools," (14VAC5-380).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-90 - Surety bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator may satisfy the requirements of
				9VAC25-590-40
				by obtaining a surety bond that conforms to the requirements of this section.
				The surety company issuing the bond shall be licensed to operate as a surety in
				the Commonwealth of Virginia and be among those listed as acceptable sureties
				on federal bonds in the latest Circular 570 of the U.S. Department of the
				Treasury.
B. The surety bond shall
				be worded identically as specified in Appendix V, except that instructions in
				brackets shall be replaced with the relevant information and the brackets
				deleted.
C. Under the terms of the
				bond, the surety will become liable on the bond obligation when the owner or
				operator fails to perform as guaranteed by the bond. In all cases, the surety's
				liability is limited to the per-occurrence and annual aggregate penal sums.
Under the terms of the bond, all amounts paid by the surety
				  under the bond will be paid directly to the department in accordance with
				  instructions from the department under
				  9VAC25-590-170.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-100 - Letter of credit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator may satisfy the requirements of
				9VAC25-590-40
				by obtaining an irrevocable standby letter of credit that conforms to the
				requirements of this section. The issuing institution shall be an entity that
				has the authority to issue letters of credit in the Commonwealth of Virginia
				and whose letter-of-credit operations are regulated and examined by a federal
				agency or the State Corporation Commission.
B. The letter of credit shall be worded
				identically as specified in Appendix VI, except that instructions in brackets
				are to be replaced with the relevant information and the brackets
				deleted.
C. Under the terms of the
				letter of credit, all amounts paid pursuant to a draft by the department will
				be paid by the issuing institution directly to the department in accordance
				with instructions from the department under
				9VAC25-590-170.
D. The letter of credit shall be irrevocable
				with a term specified by the issuing institution. The letter of credit shall
				provide that credit will be automatically renewed for the same term as the
				original term, unless, at least 120 days before the current expiration date,
				the issuing institution notifies the owner or operator, and the department by
				certified mail of its decision not to renew the letter of credit. Under the
				terms of the letter of credit, the 120 days will begin on the date when the
				owner or operator and the department receive the notice, as evidenced by the
				return receipts.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.