reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0665 - Groundwater monitoring

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using groundwater monitoring (testing or
				  monitoring for liquids on the groundwater) must comply with the requirements of
				  this section. Except as otherwise provided in WAC 173-360A-0610(3) or
				  173-360A-0615(3), groundwater monitoring may be either passive (monitoring for
				  presence of regulated substance) or active (monitoring for presence of tracer
				  compound).
(1)
Site
				conditions.
(a) The regulated substance
				stored must be immiscible in water and have a specific gravity of less than
				one.
(b) Groundwater must never be
				more than twenty feet from the ground surface and the hydraulic conductivity of
				the soil(s) between the UST system and the monitoring wells or devices must not
				be less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to
				medium sands, coarse silts or other permeable materials).
(c) The slotted portion of the monitoring
				well casing must be designed to prevent migration of natural soils or filter
				pack into the well and to allow entry of regulated substance on the water table
				into the well under both high and low groundwater conditions.
(d) Monitoring wells must be sealed from the
				ground surface to the top of the filter pack.
(e) Monitoring wells or devices must
				intercept the excavation zone or must be as close to it as is technically
				feasible.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0670 - Statistical inventory reconciliation

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using statistical inventory
				  reconciliation (SIR) must comply with the requirements of this section. SIR
				  involves the application of statistical principles to inventory data similar to
				  those described in WAC 173-360A-0620.
(1)
Standards.
The SIR method
				must:
(a) Be able to detect at least a 0.2
				gallon per hour leak rate or a release of one hundred fifty gallons within a
				thirty-day period from any portion of the tank or underground piping that
				routinely contains a regulated substance with a probability of detection of at
				least 0.95 and a probability of false alarm of no more than 0.05;
(b) Use a threshold that does not exceed
				one-half the minimum detectable leak rate; and
(c) Be able to report a quantitative result
				with a calculated leak rate.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0675 - Other release detection methods

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using other methods, or combinations of
				  methods, of release detection must comply with the requirements of this
				  section.
(1)
Standards.
Other release detection methods must:
(a) Be
				able to detect a 0.2 gallon per hour leak rate or a release of one hundred
				fifty gallons within a thirty-day period from any portion of the tank or
				underground piping that routinely contains a regulated substance with a
				probability of detection of at least 0.95 and a probability of false alarm of
				no more than 0.05; or
(b) Be
				approved by the department. To be approved, owners and operators must
				demonstrate the other method is able to detect a leak as effectively as any of
				the following methods. In comparing methods, the department will consider the
				size of release that can be detected and the frequency and reliability of
				detection. Owners and operators must comply with any additional requirements
				imposed by the department on its use to ensure protection of human health and
				the environment:
(i) Automatic tank gauging
				(WAC 173-360A-0630);
(ii) Tank
				tightness testing (WAC 173-360A-0635);
(iii) Monthly automatic electronic line leak
				detection (WAC 173-360A-0645);
(iv) Line tightness testing (WAC
				173-360A-0650);
(v) Interstitial
				monitoring (WAC 173-360A-0655);
(vi) Vapor monitoring (WAC 173-360A-0660
				);
(vii) Groundwater monitoring
				(WAC 173-360A-0665); or
(viii)
				Statistical inventory reconciliation (WAC 173-360A-0670).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0620 - Inventory control.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using inventory control (or another test
				  of equivalent performance) must comply with the requirements of this
				  section.
(1)
Standards.
(a) Inventory control must be performed in a
				manner that is able to detect leaks of at least one percent of the monthly
				flow-through plus one hundred thirty gallons.
(b) Inventory control must be performed using
				a gauge stick or an automatic tank gauge system that is able to measure the
				following:
(i) Tank liquid levels over the
				full range of the tank's height to the nearest one-eighth of an inch;
				and
(ii) Water levels in the bottom
				of the tank to the nearest one-eighth of an inch.
(c) Dispensing meters must be calibrated to
				local standards or an accuracy of at least six cubic inches for every five
				gallons of regulated substances that is withdrawn.
(d) The fill pipe through which regulated
				substances are delivered into the tank must have a drop tube that extends to
				within one foot of the bottom of the tank.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0625 - Weekly manual tank gauging.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using weekly manual tank gauging must
				  comply with the requirements of this section.
(1)
Standards.
(a) Weekly manual tank gauging must be
				performed in a manner that is able to detect any leaks greater than the
				applicable test standards in Table 0625-1 with a probability of detection of at
				least 0.95 and a probability of false alarm of no more than 0.05.
(b) Weekly manual tank gauging must be
				performed using a gauge stick or an automatic tank gauge system that is able to
				measure the following:
(i) Tank liquid levels
				over the full range of the tank's height to the nearest one-eighth of an inch;
				and
(ii) Water levels in the bottom
				of the tank to the nearest one-eighth of an inch.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0630 - Automatic tank gauging.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using automatic tank gauging must comply
				  with the requirements of this section.
(1)
Standards.
For the purposes
				of this method, automatic tank gauge systems must be able to:
(a) Detect at least a 0.2 gallon per hour
				leak rate from any portion of the tank that routinely contains a regulated
				substance with a probability of detection of at least 0.95 and a probability of
				false alarm of no more than 0.05;
(b) Measure tank liquid levels over the full
				range of the tank's height; and
(c)
				Measure water levels in the bottom of the tank.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0635 - Tank tightness testing.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using tank tightness tests must comply
				  with the requirements of this section.
(1)
Standards.
Tank tightness
				tests must be able to detect at least a 0.1 gallon per hour leak rate from any
				portion of the tank up to the ninety-five percent full level or up to the
				product level limited by overfill prevention equipment while accounting for the
				effects of thermal expansion or contraction of the regulated substance, vapor
				pockets, tank deformation, evaporation or condensation, and the location of the
				water table. The tests must be able to detect the specified leak rate with a
				probability of detection of at least 0.95 and a probability of false alarm of
				no more than 0.05.
(2)
Performance.
Tank tightness tests must be performed:
(a) By or under the direct supervision of a
				service provider certified in accordance with Part 9 of this chapter;
				and
(b) In accordance with the
				manufacturer's instructions and any conditions or limitations specified in the
				certification of the method or equipment.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0640 - Automatic line leak detectors.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must equip pressurized piping with
				  automatic line leak detectors meeting the requirements of this section.
(1)
Standards.
For the purposes
				of this method, automatic line leak detectors must be able to:
(a) Detect a leak rate of at least three
				gallons per hour at ten pounds per square inch line pressure within one hour
				from any portion of the piping that routinely contains a regulated substance
				with a probability of detection of at least 0.95 and a probability of false
				alarm of no more than 0.05; and
(b)
				If a leak is detected, alert the operator by shutting off or restricting the
				flow of regulated substances or triggering an audible or visual
				alarm.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0650 - Line tightness testing.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using line tightness tests must comply
				  with the requirements of this section.
(1)
Standards.
Line tightness
				tests must be able to detect at least a 0.1 gallon per hour leak rate at one
				and one-half times the operating pressure with a probability of detection of at
				least 0.95 and a probability of false alarm of no more than 0.05.
(2)
Performance.
Line tightness
				tests must be performed:
(a) By or under the
				direct supervision of a service provider certified in accordance with Part 9 of
				this chapter; and
(b) In accordance
				with the manufacturer's instructions and any conditions or limitations
				specified in the certification of the method or equipment.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0655 - Interstitial monitoring.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using interstitial monitoring must
				  comply with the requirements of this section.
(1)
Standards.
The interstitial
				monitoring system must be able to detect a leak through the inner wall of any
				portion of the tank or underground piping that routinely contains a regulated
				substance. Methods that continuously monitor the interstitial space using a
				vacuum, pressure, or a liquid must be able to detect a breach in both the inner
				and outer walls.
(2)
Performance.
Interstitial monitoring must be performed in
				accordance with the manufacturer's instructions and any conditions or
				limitations specified in the certification of the equipment.
Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083
					 (Order 16-02), §
											173-360A-0655, filed 7/18/18,
					 effective 10/1/18.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0660 - Vapor monitoring.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using vapor monitoring (testing or
				  monitoring for vapors within the soil gas of the excavation zone) must comply
				  with the requirements of this section. Except as otherwise provided in WAC
				  173-360A-0610(3) or 173-360A-0615(3),
				  vapor monitoring may be either passive (monitoring for presence of regulated
				  substance) or active (monitoring for presence of tracer compound).
(1)
Site conditions.
(a) The materials used as backfill must be
				sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow
				diffusion of vapors from releases into the excavation area.
(b) The stored regulated substance, or a
				tracer compound placed in the UST system, must be sufficiently volatile (e.g.,
				gasoline) to result in a vapor level that is detectable by the monitoring
				devices located in the excavation zone in the event of a release from the UST
				system.
(c) The measurement of
				vapors by the monitoring device must not be rendered inoperative by the
				groundwater, rainfall, or soil moisture or other known interferences so that a
				release could go undetected for more than thirty days.
(d) The level of background contamination in
				the excavation zone must not interfere with the method used to detect releases
				from the UST system.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 6 - RELEASE DETECTION › Section 173-360A-0665 - Groundwater monitoring.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators using groundwater monitoring (testing or
				  monitoring for liquids on the groundwater) must comply with the requirements of
				  this section. Except as otherwise provided in WAC
				  173-360A-0610(3) or 173-360A-0615(3),
				  groundwater monitoring may be either passive (monitoring for presence of
				  regulated substance) or active (monitoring for presence of tracer
				  compound).
(1)
Site
				conditions.
(a) The regulated substance
				stored must be immiscible in water and have a specific gravity of less than
				one.
(b) Groundwater must never be
				more than twenty feet from the ground surface and the hydraulic conductivity of
				the soil(s) between the UST system and the monitoring wells or devices must not
				be less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to
				medium sands, coarse silts or other permeable materials).
(c) The slotted portion of the monitoring
				well casing must be designed to prevent migration of natural soils or filter
				pack into the well and to allow entry of regulated substance on the water table
				into the well under both high and low groundwater conditions.
(d) Monitoring wells must be sealed from the
				ground surface to the top of the filter pack.
(e) Monitoring wells or devices must
				intercept the excavation zone or must be as close to it as is technically
				feasible.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0700 - Reporting of suspected releases

Current through Register Vol. 24-14, July 15, 2024
Within twenty-four hours of identifying or being notified by
				  another person of any of the following conditions, owners and operators of UST
				  systems must report a suspected release to the department and initiate an
				  investigation of the suspected release in accordance with WAC
				  173-360A-0720:
(1) Presence of
				released regulated substances at the UST facility or in the surrounding area
				(such as the presence of free product or its constituents or vapors in soils,
				basements, sewer or utility lines, groundwater, or surface water);
(2) Unusual operating conditions (such as the
				erratic behavior of product dispensing equipment, the sudden loss of regulated
				substances from an UST system, the unexplained presence of water in a tank, or
				the presence of liquid in the interstitial space of a secondarily contained UST
				system), unless:
(a) The UST system component
				is found not to be releasing regulated substances to the environment;
(b) Any defective UST system component is
				immediately repaired in accordance with WAC 173-360A-0490 or replaced in
				accordance with WAC 173-360A-0300; and
(c) For secondarily contained UST systems,
				any liquid in the interstitial space not used as part of the interstitial
				monitoring method (for example, brine) is immediately removed; or
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0710 - Investigation due to off-facility impacts

Current through Register Vol. 24-14, July 15, 2024
When required by the department, owners and operators of an
				  UST system must follow the procedures in WAC 173-360A-0720 to determine if the
				  UST system is the source of off-facility impacts. These impacts include the
				  discovery of regulated substances (such as the presence of free product or its
				  constituents or vapors in soils, basements, sewer or utility lines,
				  groundwater, or surface water) that has been observed by the department or
				  brought to its attention by another person.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0720 - Release investigation and confirmation steps

Current through Register Vol. 24-14, July 15, 2024
Unless remedial action is initiated in accordance with WAC
				  173-360A-0750(4), owners and operators must immediately investigate and confirm
				  all suspected releases of regulated substances requiring reporting under WAC
				  173-360A-0700 or investigation under WAC 173-360A-0710 using the following
				  steps, except as otherwise directed by the department.
(1)
System test.
First, all
				tanks and underground piping suspected of a release must be tested to determine
				whether a leak exists or whether a breach exists in either wall of the
				secondary containment. The tests must be completed within seven days of
				identifying a suspected release or receiving notice that the department
				requires investigation of a suspected release.
(a)
Performance.
For each tank
				or pipe suspected of a release, one of the following tests must be performed:
(i) A tightness test of the tank or piping in
				accordance with WAC 173-360A-0635 or 173-360A-0650; or
(ii) A tightness test of the secondary
				containment area of the tank or piping used for interstitial monitoring in
				accordance with WAC 173-360A-0490(4)(c) and, for piping, a tightness test of
				any containment sumps used for interstitial monitoring in accordance with WAC
				173-360A-0450.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0730 - Site assessment requirements

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure site assessments, including
				  site checks, are performed in accordance with the requirements of this
				  section.
(1)
Applicability.
Site assessments are required under this chapter
				to:
(a) Investigate a suspected release from
				an UST system, as applicable (WAC 173-360A-0720(2)). Such assessments are
				referred to as "site checks";
(b)
				Suspend financial responsibility for a temporarily closed UST system (WAC
				173-360A-0800(3)(c) and 173-360A-1010(2));
(c) Allow an UST system to be temporarily
				closed for more than twelve months when the tanks or piping do not meet
				applicable performance standards or upgrade requirements (WAC 173-360A-0800(4));
(d) Permanently close an UST
				system, or a tank or piping run that is part of an UST system (WAC
				173-360A-0810(3)); and
(e)
				Undertake a change-in-service of an UST system (WAC 173-360A-0820(3)).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0740 - Reporting and cleanup of spills and overfills

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must respond to spills and overfills of
				  regulated substances in accordance with the requirements of this
				  section.
(1) If a spill or overfill of
				regulated substances from an UST system results in a release that may pose a
				threat to human health or the environment, including in the following cases,
				then the release must be reported, investigated, and cleaned up in accordance
				with WAC 173-360A-0750:
(a) A spill or
				overfill of petroleum results in a release to the environment of more than
				twenty-five gallons, a sheen on surface water, or groundwater contamination;
				or
(b) A spill or overfill of a
				hazardous substance results in a release to the environment of more than the
				reportable quantity specified in  40 C.F.R. Sec. 302.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0750 - Reporting and cleanup of confirmed releases

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must immediately respond to all
				  confirmed releases of regulated substances from UST systems that may pose a
				  threat to human health or the environment, including those confirmed under WAC
				  173-360A-0720 through 173-360A-0740, in accordance with the requirements of
				  this section.
(1) Within twenty-four
				hours of confirming a release, the release must be reported to the
				department.
(2) Within twenty-four
				hours of confirming a release, the UST system must be secured to prevent
				further delivery or deposit of regulated substances until the defective UST
				system components are repaired, replaced, or closed.
(3) Within thirty days of confirming a
				release, financial responsibility records must be submitted to the department
				in accordance with WAC 173-360A-1045(2)(a).
(4) Confirmed releases must be investigated
				and cleaned up in accordance with chapter 173-340 WAC or as otherwise directed
				by the department under chapter 90.48 RCW.
Note:
Other federal, state, and local laws may
						  also require reporting, and in some cases cleanup, of confirmed releases.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0700 - Reporting of suspected releases.

Current through Register Vol. 24-14, July 15, 2024
Within twenty-four hours of identifying or being notified by
				  another person of any of the following conditions, owners and operators of UST
				  systems must report a suspected release to the department and initiate an
				  investigation of the suspected release in accordance with WAC
				  173-360A-0720:
(1) Presence of released regulated substances
				at the UST facility or in the surrounding area (such as the presence of free
				product or its constituents or vapors in soils, basements, sewer or utility
				lines, groundwater, or surface water);
(2) Unusual operating conditions (such as the
				erratic behavior of product dispensing equipment, the sudden loss of regulated
				substances from an UST system, the unexplained presence of water in a tank, or
				the presence of liquid in the interstitial space of a secondarily contained UST
				system), unless:
(a) The UST system component
				is found not to be releasing regulated substances to the environment;
(b) Any defective UST system component is
				immediately repaired in accordance with WAC
				173-360A-0490 or replaced in
				accordance with WAC
				173-360A-0300; and
(c) For secondarily contained UST systems,
				any liquid in the interstitial space not used as part of the interstitial
				monitoring method (for example, brine) is immediately removed; or
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 7 - RELEASE REPORTING, CONFIRMATION, AND CLEANUP › Section 173-360A-0730 - Site assessment requirements.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure site assessments, including
				  site checks, are performed in accordance with the requirements of this
				  section.
(1)
Applicability.
Site assessments are required under this chapter
				to:
(a) Investigate a suspected release from
				an UST system, as applicable (WAC
				173-360A-0720(2)).
				Such assessments are referred to as "site checks";
(b) Suspend financial responsibility for a
				temporarily closed UST system (WAC
				173-360A-0800
				(3)(c) and
				173-360A-1010(2));
(c) Allow an UST system to be temporarily
				closed for more than twelve months when the tanks or piping do not meet
				applicable performance standards or upgrade requirements (WAC
				173-360A-0800(4));
(d) Permanently close an UST system, or a
				tank or piping run that is part of an UST system (WAC
				173-360A-0810(3));
				and
(e) Undertake a
				change-in-service of an UST system (WAC
				173-360A-0820(3)).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 8 - CLOSURE › Section 173-360A-0800 - Temporary closure of UST systems

Current through Register Vol. 24-14, July 15, 2024
Owners and operators of temporarily closed UST systems must
				  comply with the requirements of this section.
(1)
Taking UST systems out of
				operation.
Within thirty days of temporarily closing an UST system:
(a) The department must be notified using the
				applicable form provided by the department; and
(b) If the UST system will be temporarily
				closed for more than ninety days, the following actions must be completed and
				reported to the department on the form:
(i)
				Ensure vent lines are open and functioning;
(ii) Cap or secure all other lines, pumps,
				entryways, and ancillary equipment;
(iii) Empty the UST system in accordance with
				subsection (2) of this section, or measure the amount of regulated substances
				remaining in the system; and
(iv)
				If no UST systems are in operation at the UST facility, return the facility
				compliance tag to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 8 - CLOSURE › Section 173-360A-0810 - Permanent closure of UST systems

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must permanently close an UST system,
				  or a tank or piping run that is part of an UST system, in accordance with the
				  requirements of this section.
(1)
Notice of intent.
Owners and operators must notify the department
				of their intent to permanently close an UST system, or a tank or piping run
				that is part of an UST system, at least thirty days, but no more than ninety
				days, before the planned start date using the applicable form provided by the
				department. Owners and operators must also confirm the planned start date with
				the department at least three business days before starting permanent
				closure.
(2)
Decommission.
When an UST system, or a tank or piping run that is
				part of an UST system, undergoes permanent closure, it must be decommissioned
				in accordance with the requirements of this subsection.
(a)
Actions.
To decommission an
				UST system, or a tank or piping run, undergoing permanent closure, the
				following actions must be completed, as applicable:
(i) Tanks must be emptied and cleaned by
				removing all liquids and accumulated sludge;
(ii) Piping must be emptied by removing all
				liquids;
(iii) Tanks must be
				removed from the ground or closed in place by filling with an inert solid
				material or in another manner approved by the department;
(iv) Piping must be removed from the ground
				or closed in place by capping; and
(v) Any liquids or sludge removed from the
				tanks or piping must be designated and disposed of in accordance with all
				applicable federal, state, and local requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 8 - CLOSURE › Section 173-360A-0820 - Change-in-service of UST systems

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must undertake a change-in-service of
				  an UST system in accordance with the requirements of this section.
(1)
Notice of intent.
Owners and
				operators must notify the department of their intent to undertake a
				change-in-service of an UST system at least thirty days, but no more than
				ninety days, before the planned start date using the applicable form provided
				by the department. Owners and operators must also confirm the planned start
				date with the department at least three business days before starting the
				change-in-service.
(2)
Decommission.
When an UST system undergoes a change-in-service,
				the system must be decommissioned in accordance with the requirements of this
				subsection.
(a)
Actions.
To
				decommission an UST system undergoing a change-in-service, the following
				actions must be completed, as applicable:
(i)
				Tanks must be emptied and cleaned by removing all liquids and accumulated
				sludge;
(ii) Piping must be emptied
				of all liquids; and
(iii) Any
				liquids or sludge removed from the tanks or piping must be designated and
				disposed of in accordance with all applicable federal, state, and local
				requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 8 - CLOSURE › Section 173-360A-0830 - Previously closed UST systems

Current through Register Vol. 24-14, July 15, 2024
When directed by the department, owners and operators of the
				  following UST systems must permanently close those systems (decommission and
				  perform site assessments around the systems) in accordance with WAC
				  173-360A-0810 if the department determines releases from those systems may pose
				  a current or potential threat to human health or the environment or if any
				  additional closure activities are performed:
(1) UST systems permanently closed before
				December 22, 1988; and
(2)
				Previously deferred UST systems permanently closed before October 1,
				2018.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 8 - CLOSURE › Section 173-360A-0830 - Previously closed UST systems.

Current through Register Vol. 24-14, July 15, 2024
When directed by the department, owners and operators of the
				  following UST systems must permanently close those systems (decommission and
				  perform site assessments around the systems) in accordance with WAC
				  173-360A-0810 if the department
				  determines releases from those systems may pose a current or potential threat
				  to human health or the environment or if any additional closure activities are
				  performed:
(1) UST systems permanently
				closed before December 22, 1988; and
(2) Previously deferred UST systems
				permanently closed before October 1, 2018.
Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083
					 (Order 16-02), §
											173-360A-0830, filed 7/18/18,
					 effective 10/1/18.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0900 - Purpose and applicability

Current through Register Vol. 24-14, July 15, 2024
(1)
				This part establishes a certification program for service providers, specifies
				the responsibilities of services providers, and identifies which services on
				UST systems must be performed by certified service providers. The certification
				program is designed to ensure that the services performed on UST systems are
				performed safely and in a manner that will protect human health and the
				environment.
(2) The requirements
				of this part apply to any services performed on an UST system requiring the use
				of a service provider under this chapter.
(3) The applicability of this part does not
				affect the applicability of any other legally applicable licensing requirements
				or manufacturer certification requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0910 - General requirements

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure that:
(1) UST system services are performed by or
				under the direct supervision of a service provider who is certified to perform
				the services in accordance with WAC 173-360A-0920 and 173-360A-0930;
(2) UST system services are performed in
				accordance with the requirements of this chapter and any other legally
				applicable requirements;
(3) UST
				system services are reported in accordance with WAC 173-360A-0230(3);
				and
(4) Records of UST system
				services are maintained in accordance with WAC 173-360A-0240(1).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0930 - Certification of service providers

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure that service providers
				  performing UST system services are certified in accordance with the
				  requirements of this section.
(1)
Installation and repair.
To perform or directly supervise UST
				system services requiring certification in installation and repair, a service
				provider must be certified as having sufficient education and experience by:
(a) The International Code Council (UST
				Installation/Retrofitting - U1);
(b) Another nationally or internationally
				recognized association approved by the department that provides a qualifying
				examination; or
(c) Passing another
				qualifying examination approved by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0940 - Responsibilities of service providers

Current through Register Vol. 24-14, July 15, 2024
Service providers must comply with the requirements of this
				  section.
(1)
Certification and
				records.
(a) Service providers must be
				certified to perform or directly supervise the performance of UST system
				services in accordance with WAC 173-360A-0920 and 173-360A-0930.
(b) Service providers must maintain proof
				that they are certified to perform or directly supervise the performance of UST
				system services under WAC 173-360A-0920 and 173-360A-0930, such as licenses or
				certificates, and make such proof readily available for inspection upon request
				by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0900 - Purpose and applicability.

Current through Register Vol. 24-14, July 15, 2024
(1) This part establishes a certification
				program for service providers, specifies the responsibilities of services
				providers, and identifies which services on UST systems must be performed by
				certified service providers. The certification program is designed to ensure
				that the services performed on UST systems are performed safely and in a manner
				that will protect human health and the environment.
(2) The requirements of this part apply to
				any services performed on an UST system requiring the use of a service provider
				under this chapter.
(3) The
				applicability of this part does not affect the applicability of any other
				legally applicable licensing requirements or manufacturer certification
				requirements.
Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083
					 (Order 16-02), §
											173-360A-0900, filed 7/18/18,
					 effective 10/1/18.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 9 - SERVICE PROVIDERS › Section 173-360A-0910 - General requirements.

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure that:
(1) UST system services are performed by or
				under the direct supervision of a service provider who is certified to perform
				the services in accordance with WAC
				173-360A-0920 and
				173-360A-0930;
(2) UST system services are performed in
				accordance with the requirements of this chapter and any other legally
				applicable requirements;
(3) UST
				system services are reported in accordance with WAC
				173-360A-0230(3);
				and
(4) Records of UST system
				services are maintained in accordance with WAC
				173-360A-0240(1).
Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083
					 (Order 16-02), §
											173-360A-0910, filed 7/18/18,
					 effective 10/1/18.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1000 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This part applies
				to owners and operators of all UST systems except as otherwise provided in this
				section.
(2) This part does not
				apply to owners and operators of any exempt UST system described in WAC
				173-360A-0110(1).
(3) State and
				federal government entities whose debts and liabilities are the debts and
				liabilities of a state or the United States are exempt from the requirements of
				this part.
(4) If the owner and
				operator of an UST system are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in event
				of noncompliance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1005 - Definition of terms

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this part, the following definitions
				  apply unless the context clearly indicates otherwise.
(1)
"Accidental release"
means
				any sudden or nonsudden release of regulated substances arising from operating
				an underground storage tank that results in a need for remedial action and/or
				compensation for bodily injury or property damage neither expected nor intended
				by the tank owner or operator.
(2)
"Bodily injury"
has the meaning given to this term by applicable
				state law; however, this term does not include those liabilities which,
				consistent with standard insurance industry practices, are excluded from
				coverage in liability insurance policies for bodily injury.
(3)
"Chief financial officer,"
in the case of local government owners and operators, means the individual with
				the overall authority and responsibility for the collection, disbursement, and
				use of funds by the local government.
(4)
"Controlling interest"
means
				direct ownership of at least 50 percent of the voting stock of another
				entity.
(5)
"Financial
				reporting year"
means the latest consecutive 12-month period for which
				any of the following reports used to support a financial test is prepared:
(a) A 10-K report submitted to the U.S.
				Securities and Exchange Commission;
(b) an annual report of tangible net worth
				submitted to Dun and Bradstreet; or
(c) annual reports submitted to the Energy
				Information Administration or the Rural Utilities Service. "Financial reporting
				year" may thus comprise a fiscal or a calendar year period.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1010 - Period of financial responsibility

Current through Register Vol. 24-14, July 15, 2024
(1)
General requirement.
Except
				as provided in subsection (2) of this section, an owner or operator must
				continuously demonstrate financial responsibility for an UST system from the
				date of its installation until the date of its permanent closure or
				change-in-service.
(2)
Suspension during temporary closure.
An owner or operator is not
				required to demonstrate financial responsibility for an UST system while it is
				temporarily closed if:
(a) The UST system is
				emptied in accordance with WAC 173-360A-0800(2); and
(b) After the UST system is emptied, a site
				assessment around the UST system is completed and reported in accordance with
				WAC 173-360A-0730. Unless otherwise directed by the department, a site
				assessment is not required if:
(i) A release
				from the UST system had previously been confirmed and reported to the
				department; and
(ii) Further
				remedial action is necessary to investigate or clean up the confirmed release
				under WAC 173-360A-0750(4).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1015 - Scope and amount of financial responsibility

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope.
Owners or operators
				of underground storage tanks must demonstrate financial responsibility for
				taking remedial action and for compensating third parties for bodily injury and
				property damage caused by accidental releases arising from the operation of
				underground storage tanks.
(2)
Amount.
(a)
Per occurrence
				amounts.
Owners or operators of underground storage tanks must
				demonstrate financial responsibility for the types of coverage specified in
				subsection (1) of this section in at least the following per-occurrence
				amounts:
(i) For owners or operators of
				underground storage tanks that are located at petroleum marketing facilities,
				or that handle an average of more than ten thousand gallons of regulated
				substances per month based on annual throughput for the previous calendar year,
				one million dollars; and
(ii) For
				all other owners or operators of underground storage tanks, five hundred
				thousand dollars.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1020 - Allowable mechanisms and combinations of mechanisms

Current through Register Vol. 24-14, July 15, 2024
(1)
For all owners or operators.
Subject to the limitation of subsection (3) of this section, an owner or
				operator, including a local government owner or operator, may use any one or
				combination of the mechanisms listed in WAC
				173-360A-1060 through
				173-360A-1067 to demonstrate
				financial responsibility under this part for one or more underground storage
				tanks.
(2)
For only local
				governments owners or operators.
Subject to the limitation of subsection
				(3) of this section, a local government owner or operator may also use any one
				or combination of the mechanisms listed in WAC
				173-360A-1070 through
				173-360A-1073 to demonstrate
				financial responsibility under this part for one or more underground storage
				tanks.
(3)
Limitation on
				combining self-insurance and guarantee.
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 rule, the financial
				statements of the owner or operator are not consolidated with the financial
				statements of the guarantor.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1025 - Substitution of mechanisms by owners or operators

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
An owner or
				operator may substitute any alternate financial assurance mechanisms as
				specified in this part, provided that at all times the owner or operator
				maintains an effective financial assurance mechanism or combination of
				mechanisms that satisfies the requirements of WAC 173-360A-1015.
(2)
Cancellation.
After
				obtaining alternate financial assurance as specified in this part, an owner or
				operator may cancel a financial assurance mechanism by providing notice to the
				provider of financial assurance in accordance with requirements for
				cancellation set forth for the specific mechanism in WAC 173-360A-1060 through
				173-360A-1073.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 10 - FINANCIAL RESPONSIBILITY › Section 173-360A-1030 - Termination of mechanisms by providers

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending a notice of termination by certified
				mail to the owner or operator.
(2)
Date of termination.
(a)
Guarantee, surety bond, or letter of credit.
Termination of a
				local government guarantee, a guarantee, a surety bond, or a letter of credit
				may not occur until 120 days after the date on which the owner or operator
				receives the notice of termination, as evidenced by the return
				receipt.
(b)
Insurance, risk
				retention group coverage, or state-funded assurance.
Termination of
				insurance or risk retention group coverage, except for nonpayment or
				misrepresentation by the insured, or state-funded assurance may not occur until
				60 days after the date on which the owner or operator receives the notice of
				termination, as evidenced by the return receipt. Termination for nonpayment of
				premium or misrepresentation by the insured may not occur until a minimum of 10
				days after the date on which the owner or operator receives the notice of
				termination, as evidenced by the return receipt.