GeoInsight, Inc.

GeoInsighter Winter/Spring 2002 Newsletter

It's Fine$ With Me

The New Hampshire Department of Environmental Services (NHDES) recently initiated an effort to annually inspect all facilities that are using the petroleum cleanup reimbursement funds, with a particular focus on leak detection and cathodic protection systems. In recent survey efforts, the NHDES found that of 101 underground storage tank (UST) facilities required to have leak detection, 98 facilities had systems installed; however, only 80 of the systems were operating and, of those, only 33 were capable of detecting a release. As of early 2001, the NHDES found 725 facilities to be in non?compliance with cathodic protection requirements. It is worth noting that if one facility belonging to a multiple facility owner is found to be in non?compliance, the compliance status of all other facilities belonging to that owner is then checked.

In view of its efforts to step up enforcement, we thought that it would be useful to review the NHDES's view of compliance for the purposes of determining fund eligibility as an indicator of the likely focus of enforcement efforts. The NHDES policy is to focus on "substantial compliance" with the provisions of Env?Wm 1401 (USTs) and Env?Wm 1402 (aboveground storage tanks or ASTs). As used by the NHDES, "substantial compliance" is focused on the provisions of these regulations that are specifically related to release prevention including:

Env-Wm 1401	Env-Wm 1402
1401.11 – Inventory Monitoring	1402.09 – Inventory Monitoring
1401.12 – Regulated Substance Transfer	1402.10 – Oil Transfers
1401.17 – Temporary Closure	1402.24 – Overfill Protection
1401.18 – Permanent Closure	1402.25 – Interstitial Leak Monitoring for New ASTs
1401.25 - Spill Containment and Overfill Protection	1402.28 – Release Detection Systems for ASTs
1401.26 – Leak Monitoring for New Tanks	1402.29 – Inspection and Reporting Requirements for AST Systems
1401.27 – Leak Monitoring for New Underground Piping Systems	1402.30 – SPCC Plans
1401.29 – Release Detection for Tanks Without Secondary Containment and Leak Monitoring	1402.35 – Upgrading of AST Systems
1401.30 – Release Detection for Piping
1401.31 - Operation of Leak Monitoring Equipment
1401.32 – Corrosion Protection for Steel Tanks
1401.33 – Corrosion Protection for Piping

Fines that can be levied if the NHDES identifies non‑compliance with the requirements of these regulations are summarized in the table that follows. It should be noted that field citations can be issued by NHDES staff in increments of $25 to $100 (up to a total of $1,000) for violations of these rules that are observed during site inspections.

Nature of Violation	Fine
Permit requirements:
Failure to comply with registration or permit to operate requirements	$1,000 per requirement not met
Failing to post UST facility permit/certificate	$100 per permit/certificate not posted
Failing to pay permit to operate fees	$100 per month or portion thereof that the fee is not paid
Installation/Construction Requirements:
Failure to obtain approval for or to install a new/substantially modified UST system	$1,000 per requirement not met per system
Failure to meet UST/piping standards or install corrosion protection for steel tanks or piping	$1,000 per standard/requirement not met per system
Failure to notify that a new/substantially modified UST system is ready for inspection	$500 per system
Failure to submit corrosion protection plans at least 90 days prior to retrofitting or to install such measures per all requirements of Env‑Wm 1401.34	$500 per requirement not met per system
Failure to install spill/overfill prevention devices	$200 per month per requirement not met per system after notification of requirement
Failure to comply with release detection requirements or to install tank and piping leak detection as required	$1,000 per requirement not met per system
Failure to install leak monitor alarm system	$500 per requirement not met per system
Failure to comply with all testing plan and specification submission requirements for repair/relining/replacement of fiberglass/steel tanks/piping	$500 per requirement not met per tank/system
Testing Requirements:
Failure to comply with tank tightness testing requirements	$1,000 per tank per requirement not met
Failure to test a UST cathodic protection system	$200 per system per requirement not met
Failure to report, identify the cause, or take corrective action for testing failures	$1,000 per requirement not met per system
Operation Requirements:
Failure to maintain accurate inventory records	$500 per month or portion thereof
Failure to maintain operation of leak detection equipment	$1,000 per requirement not met per system
Failure to maintain financial assurance for cleanup costs	$100 per month
Failure to notify NHDES and to investigate cause of any unusual operation condition	$500 per requirement not met and condition not reported
Failure to maintain spill/overflow protection	$200 per requirement not met per system
Failure to comply with requirements for transfer of regulated substances to USTs	$1,000 per transfer
Other Provisions:
Causing, directly or indirectly, discharge or disposal of oil	$2,000 per discharge
Failure to comply with temporary or permanent closure requirements for USTs	$500 per requirement not met per system
Failure to notify of a transfer of ownership	$500
Failure to comply with an administrative compliance order	$1,000 per month or portion thereof that deadlines are not met for each requirement of the order

John A. Gilbert, P.E
jagilbert@geoinc.com

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