On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will require registration and permitting for aboveground storage tanks ("ASTs") and "potential sources of significant contamination" of public drinking water sources. The bill also establishes complex planning and reporting requirements for public drinking water utilities for the protection of drinking water sources. Any AST in the state, as defined below, may now be the subject of two new registration programs, two new permitting programs, several new fees, and complex design, maintenance, inspection, planning and reporting requirements. The bill is now awaiting Governor Tomblin's signature. One of the two new Acts included in the bill is the Aboveground Storage Tank Act, W. Va. Code §§ 22-30-1 et seq. This Act establishes a comprehensive regulatory program for ASTs located in the state. For purposes of the Act, AST is defined broadly to mean: "a device made to contain an accumulation of more than 1320 gallons of fluids that are liquids at standard temperature and pressure, which is constructed primarily of non-carbon materials, including wood, concrete, steel, plastic or fiberglass reinforced plastic, which provide structural support, more than 90% capacity of which is above the surface of the ground, but does not include any process vessel. The term includes stationary devices which are permanently affixed, and mobile devices which remain in one location on a continuous basis for 60 or more days, and includes all ancillary aboveground pipes and dispensing systems up to the first point of isolation and all ancillary underground pipes and dispensing systems connected to the aboveground containers to the first point of isolation . . ." Id. § 22-30-3(1). The definition of AST goes on to exclude certain shipping containers, railroad freight cars, barges and boats. Id. If your AST falls within the scope of this definition, then many if not all of the remaining provisions in the Act will apply to you. Click here to view a pdf of the full summary. To learn more, contact: |
