Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part F - MINIMUM SITE ASSESSMENTS › Section 17-29 - MSA Requirements

Current through July 13, 2024
(a)
When a
				  MSA is Required.
MSAs are utilized to determine whether a regulated
				  substance has been released from a storage tank system and, if so, to determine
				  if soil and/or ground water contamination is present in exceedance of
				  applicable standards. The MSA results will determine the site's eligibility for
				  the corrective action fund. MSAs are required when any of the following
				  conditions are met:
(i) Unless the site is
				  already listed as a contaminated site, all owners and/or operators of regulated
				  ASTs shall, by October 1, 2007, provide a MSA to the department. This MSA shall
				  be done at the owners and/or operators expense and shall meet all of the
				  requirements of this part.
(ii)
				  Unless the site is already listed as a contaminated site, all UST owners and/or
				  operators which have not previously performed a MSA shall perform a MSA. This
				  MSA shall be performed no sooner than eighteen (18) years, and no later than
				  twenty (20) years, after the tanks were installed, at the owners and/or
				  operators expense. This requirement applies to all USTs installed after
				  September 22, 1988.
(iii) After the
				  effective date of this chapter, owners and/or operators who remove storage
				  tanks without obtaining the required department inspection shall complete a MSA
				  at their own expense and within forty-five (45) days of the tank
				  removal.
(iv) After the effective
				  date of this chapter, owners and/or operators who change the use of a regulated
				  tank to a non-regulated use in accordance with Section 31 of this chapter, or
				  change the use of a non-regulated tank to a regulated use shall complete a MSA
				  at their own expense and within forty-five (45) days of the change of
				  use.
(v) Any owner and/or operator
				  of a storage tank system which was abandoned prior to the program and who now
				  elects to participate in the state program, shall:
(A) Provide written documentation that the
				  site actually had a storage tank system at some time;
(B) In the case where the storage tank was an
				  AST, provide documentary evidence that the storage tank was used to dispense
				  gasoline and diesel fuels to the public;
(C) Complete an MSA in accordance with this
				  part and prove that the site has been contaminated by a storage tank system;
				  and
(D) Pay one year's storage tank
				  fee for all storage tanks on the site at the time of the initial site
				  registration. If all of the tanks were removed and it is not possible to
				  determine how many storage tanks were on the site, pay the fee for one
				  tank.
(vi) Owners of
				  former storage tank sites that are not on the contaminated site list shall
				  perform a MSA any time that soil and/or ground water contamination is
				  discovered on the property or adjacent properties.
(vii) A MSA shall be accomplished by an owner
				  and/or operator before permanently closing a storage tank in place in
				  accordance with the procedures contained in this part.