Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .
25 January 2010PETER G. UNDERWOOD
Governor
By His Excellency's Command,
MICHELLE O'BYRNE
Minister for Environment, Parks and Heritage
PART 1 - Preliminary
These regulations may be cited as the Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010 .
These regulations take effect on 31 March 2010.
(1) In these regulations –abandoned storage system means a storage system that was in use before the commencement day but is not in use on that day;Act means the Environmental Management and Pollution Control Act 1994 ;approved form has the meaning in subregulation (5) ;AS 4482.1 means Australian Standard AS 4482.1 Guide to the investigation and sampling of sites with potentially contaminated soil – Non-volatile and semi-volatile compounds, issued and published on 2 November 2005, as amended or substituted from time to time;AS 4482.2 means Australian Standard AS 4482.2 Guide to the sampling and investigation of potentially contaminated soil – Volatile substances, issued and published on 5 September 1999, as amended or substituted from time to time;AS 4897 means Australian Standard AS 4897 The design, installation and operation of underground petroleum storage systems, issued and published on 5 February 2008, as amended or substituted from time to time;AS 4976 means Australian Standard AS 4976 The removal and disposal of underground petroleum storage tanks, issued and published on 19 February 2008, as amended or substituted from time to time;AS 5667.11 means Australian Standard AS 5667.11 Water quality – Sampling – Guidance on sampling of groundwaters, issued and published on 5 April 1998, as amended or substituted from time to time;commencement day means the day on which these regulations take effect;EPA guidelines means guidelines in force under regulation 42 ;equipment integrity test, in relation to a storage system, or a component of a storage system, means a test –(a) to determine whether petroleum is being lost from the storage system or component; and(b) that is –(i) capable of detecting a loss of petroleum from a storage system occurring at a rate of 0.38 litres of petroleum per hour with at least a 95% probability of detection and a 5% or less probability of false detection; and(ii) conducted in accordance with AS 4897;existing storage system means a storage system that is –(a) in use on the commencement day; or(b) an abandoned storage system;groundwater-monitoring well, in relation to a storage system, means a well that is designed to enable the scrutiny, analysis and sampling of groundwater to determine whether petroleum from the storage system has entered any groundwater aquifer in the vicinity of the system;groundwater protection zone means an area of land declared under regulation 5 to be a groundwater protection zone for the purposes of these regulations;GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;hourly rate has the same meaning as in the Environmental Management and Pollution Control (General Fees) Regulations 2007 ;infrastructure owner of a storage system means a person who is, under regulation 7 , an infrastructure owner of the storage system;landowner, in respect of a storage system, means an owner of a parcel of land on which the storage system is situated and includes a person who –(a) has, in the exercise of a right under a mortgage, charge or other encumbrance, taken possession of the parcel of land; and(b) has the power to sell or otherwise dispose of the parcel of land;mandatory equipment means equipment that consists of all of the following:(a) a non-corrodible tank and non-corrodible piping;(b) secondary containment for a tank and piping;(c) a dispenser sump;(d) fill point equipment;(e) overfill protection equipment;(f) a tank pit observation well;(g) equipment that earths a storage system;Minimum Construction Requirements for Water Bores in Australia means the Minimum construction requirements for water bores in Australia, published in September 2003 by the Land and Water Biodiversity Committee, as amended or substituted from time to time;National Environment Protection Council means the National Environment Protection Council established by section 8 of the National Environment Protection Council Act 1994 of the Commonwealth;new storage system means a storage system (other than an existing storage system) that is used after the commencement day;parcel of land means –(a) a parcel of land owned by a landowner; or(b) if a landowner owns several parcels of land, each parcel of which adjoins one or more of the other parcels, all of those parcels of land;petroleum means a fuel or lubricant that –(a) is liquid at ambient conditions of temperature and pressure; and(b) is used, could be used, or has been used, as a fuel or lubricant; and(c) consists of one or more of the following:and includes, but is not limited to, the following:(i) hydrocarbons derived from crude oil;(ii) biofuel;(iii) additives including, but not limited to, ethanol, methanol, esters, toluene, MTBE or ETBE –(d) petrol;(e) diesel;(f) high-ethanol fuel such as E85;(g) biodiesel;(h) gasoline;(i) used (waste) oil;(j) aviation fuel;(k) kerosene;(l) motor spirit;(m) two-stroke oil;(n) heating oil;piping means piping that routinely contains petroleum but does not include vent piping or piping for petroleum vapour recovery;small storage system means –(a) a storage system that has a capacity of less than 5 500 litres and that is the only storage system situated on a parcel of land; or(b) a storage system that contains used (waste) oil and has a capacity equal to or more than 5 500 litres but in which less than 5 500 litres of used (waste) oil is stored at any one time;storage system means a system that consists of –and includes a tank that was part of a storage system;(a) one or more tanks that –(i) are linked by piping; and(ii) are completely or partially buried in the ground; and(iii) contain petroleum or are designed to contain petroleum; and(b) any structure, associated with the tank or tanks, that is designed to control the passage of petroleum into, out of or through the system, including dispenser sumps and any other structure designed to collect petroleum or contain petroleum loss but not including –(i) petroleum vent piping; or(ii) petroleum vapour recovery piping; or(iii) the dispenser; or(iv) any other structure which is above ground –system operator of a storage system means a person who is, under regulation 7 , a system operator of the storage system;tank pit observation well means a well that has been installed within the tank pit of a storage system to enable soil within the tank pit, and the groundwater within the tank pit, to be scrutinised, analysed and tested for the presence of petroleum;used (waste) oil means oil that has been used for lubrication or other purposes and has become unsuitable for its original purpose due to the presence of impurities or the loss of its original properties.(2) In these regulations, a storage system is in use if –(a) petroleum enters or passes through any part of the storage system; or(b) petroleum that has the potential to be used is stored in any part of the storage system.(3) In these regulations, petroleum is lost from a storage system if the petroleum has moved from the storage system into the ground or water outside the storage system.(4) In these regulations, a person who is required to scrutinise soil or water may, but is not required to, use probes, testing or analysis to do so.(5) In these regulations, a reference in a regulation to an approved form means a form approved by the Director for the purposes of the regulation.
4. Storage systems to which regulations do not apply
These regulations do not apply to the following storage systems:(a) separators, stormwater collection systems, wastewater collection systems, catchment basins, pits, septic tanks or other similar structures;(b) bunded tanks situated below ground level but not in the ground (for example, bunded tanks in a basement, cellar or tunnel).
5. Declaration of groundwater protection zones
(1) The Board may, by notice, declare an area of land to be a groundwater protection zone for the purposes of these regulations.(2) The Board may declare under subregulation (1) an area of land to be a groundwater protection zone –(a) to protect water resources such as ground and surface drinking-water resources; or(b) to protect sensitive ecosystems that may be affected by groundwater quality, such as internationally listed wetlands; or(c) for any other reason determined by the Board.
(1) For the purposes of these regulations, a person carrying out sampling of groundwater or soil must collect the sample in accordance with –(a) the National Environment Protection (Assessment of Site Contamination) Measure, made on 10 December 1999 by the National Environment Protection Council, as amended or substituted from time to time; or(b) the relevant Australian Standard for collection of samples of that kind, which may include AS 4482.1, AS 4482.2 or AS 5667.11; or(c) another standard that is approved by the Director.(2) For the purposes of these regulations, a person carrying out sampling of groundwater or soil must ensure that any sample that is collected by the person is analysed in a laboratory that is –(a) accredited by the National Association of Testing Authorities in respect of the relevant analysis; or(b) approved by the Director to undertake the relevant analysis.(3) The Director may, by notice, determine a standard for the collection of samples for the purposes of subregulation (1)(c) .(4) The Director may, by notice, approve laboratories for the purposes of subregulation (2)(b) .
7. Infrastructure owners and system operators
(1) For the purposes of these regulations, a person is an infrastructure owner of a storage system if the person is the sole owner, or a joint owner, of the storage system, including by virtue of the storage system being a fixture on land in respect of which the person is a landowner.(2) For the purposes of these regulations, a person is a system operator of a storage system –(a) if he or she manages the day-to-day operations of the storage system; or(b) where there is no person who manages the day-to-day operations of the storage system, if he or she is an infrastructure owner of the storage system.(3) A landowner in respect of a storage system must ensure that the Director is notified in the approved form within 30 days after a person becomes an infrastructure owner, or a system operator, of the storage system.Penalty: Fine not exceeding 100 penalty units.(4) A landowner in respect of an existing storage system is not required to comply with subregulation (3) in relation to a person –(a) who becomes an infrastructure owner, or a system operator, of the storage system within the period of 6 months beginning on the commencement day and is specified in a form given to the Director under regulation 37 to be the infrastructure owner, or system operator, of the storage system; or(b) if the storage system is an abandoned storage system and the person becomes an infrastructure owner, or system operator, of the storage system while the storage system is not in use.(5) A person who is, under this regulation, an infrastructure owner of a storage system remains an infrastructure owner of the storage system until –(a) the person ceases to own the storage system; or(b) the storage system is permanently decommissioned in accordance with regulation 30(6) .(6) A person who is, under this regulation, a system operator of a storage system remains a system operator of the storage system until –(a) the person ceases to manage the day-to-day operations of the storage system; or(b) the person ceases to own the storage system; or(c) another person manages the day-to-day operations of the storage system; or(d) the storage system is permanently decommissioned in accordance with regulation 30(6) .
PART 2 - Use, Repair and Replacement of Storage Systems
(1) An infrastructure owner of a storage system must ensure that the storage system is not used unless all components of the storage system that are, or will be, in contact with petroleum are made of, or lined with, substances that are compatible with the petroleum stored in the storage system.Penalty: Fine not exceeding 100 penalty units.(2) A substance is compatible with petroleum for the purposes of subregulation (1) if both the substance and petroleum maintain, under conditions likely to be encountered in a storage system, their respective physical and chemical properties when they come in contact with one another.
(1) An infrastructure owner of a new storage system must ensure that before the storage system is used for the first time –(a) the storage system incorporates the mandatory equipment, designed and installed in accordance with the requirements of AS 4897; and(b) an equipment integrity test has been conducted after all installation work, including concreting and sealing, is completed; and(c) the storage system has passed the equipment integrity test.Penalty: Fine not exceeding 100 penalty units.(2) Subregulation (1)(a) applies to a storage system whether or not AS 4897 requires all or part of the mandatory equipment –(a) to be installed as part of the storage system; and(b) if so installed, to be installed in accordance with the requirements of AS 4897.(3) A person who will be the system operator of a new storage system must, before the storage system is to be used for the first time, notify the Director in the approved form.Penalty: Fine not exceeding 100 penalty units.
10. Replacement and repair of certain components of storage systems
(1) If a tank forming part of a storage system is replaced, an infrastructure owner of the storage system must ensure that, before the storage system is used, the storage system incorporates the mandatory equipment, designed and installed in accordance with the requirements of AS 4897.Penalty: Fine not exceeding 100 penalty units.(2) Subregulation (1) applies to a storage system whether or not AS 4897 requires all or part of the mandatory equipment –(a) to be installed as part of the storage system; and(b) if so installed, to be installed in accordance with the requirements of AS 4897.(3) An infrastructure owner of a storage system must ensure that an area of land that is excavated to enable the replacement of the storage system or of a fill point, or piping, in the storage system is scrutinised for contamination by petroleum.Penalty: Fine not exceeding 100 penalty units.(4) If scrutiny under subregulation (3) of an area of land excavated for the purposes of that subregulation detects apparent contamination of an area of land by petroleum from a storage system, an infrastructure owner of the storage system must –(a) within 7 days after the apparent contamination is detected, notify the Director, in the approved form, of the apparent contamination and that an environmental site assessment in accordance with regulation 26 will be carried out; and(b) ensure that –(i) an environmental site assessment in accordance with regulation 26 begins within 14 days after the contamination is detected; and(ii) the environmental site assessment is completed in accordance with regulation 26 ; and(c) ensure that a report in relation to the environmental site assessment is completed in accordance with regulation 26 .Penalty: Fine not exceeding 100 penalty units.(5) If a storage system or piping in a storage system is replaced, an infrastructure owner of the storage system must, before the storage system is used, ensure that –(a) an equipment integrity test is conducted after all replacement work, including concreting and sealing, is completed; and(b) the storage system or piping has passed the test.Penalty: Fine not exceeding 100 penalty units.(6) If a tank forming part of a storage system, or piping in a storage system, is repaired, an infrastructure owner of the storage system must ensure that before the storage system is used –(a) the repair work meets the requirements set out in AS 4897 as a minimum; and(b) an equipment integrity test is conducted on the tank or piping after all repair work, including concreting and sealing, is completed; and(c) the repaired tank or piping has passed the equipment integrity test.Penalty: Fine not exceeding 100 penalty units.
PART 3 - Loss-monitoring and Verification
11. Loss-monitoring for storage systems other than small storage systems
(1) A system operator of a new storage system must ensure that the storage system is not used unless loss-monitoring procedures are carried out in respect of the system in accordance with subregulation (5) .Penalty: Fine not exceeding 100 penalty units.(2) A system operator of an existing storage system must ensure that, after the end of the 12-month period beginning on the commencement day, the storage system is not used unless loss-monitoring procedures are carried out in respect of the system in accordance with subregulation (5) .Penalty: Fine not exceeding 100 penalty units.(3) Subregulations (1) and (2) do not apply in relation to a small storage system.(4) A system operator of a storage system to which subregulation (1) or (2) applies must ensure that a system operator of the storage system receives at least once each month the results of loss-monitoring procedures carried out in respect of the system in accordance with subregulation (5) .Penalty: Fine not exceeding 100 penalty units.(5) For the purposes of this regulation, loss-monitoring procedures in respect of a storage system are procedures that are –(a) capable of detecting an apparent loss of petroleum from the storage system occurring at a rate of 0.76 litres of petroleum per hour with at least a 95% probability of detection and a 5% or less probability of false detection; and(b) capable of detecting an apparent loss of petroleum, at the rate described in paragraph (a) , from any component of the storage system; and(c) verified as meeting the performance standards specified under paragraphs (a) and (b) by an independent third party, using protocols for system verification approved by the Board.(6) The Board may, by notice, approve protocols for system verification for the purposes of this regulation.
12. Loss-monitoring for small storage systems
(1) A system operator of a new storage system that is a small storage system must ensure that the storage system is not used unless loss-monitoring procedures are carried out in respect of the system in accordance with subregulation (3) .Penalty: Fine not exceeding 100 penalty units.(2) A system operator of an existing storage system that is a small storage system must ensure that, after the end of the 12-month period beginning on the commencement day, the storage system is not used unless loss-monitoring procedures are carried out in respect of the system in accordance with subregulation (3) .Penalty: Fine not exceeding 100 penalty units.(3) For the purposes of subregulations (1) and (2) , loss-monitoring procedures in respect of a storage system are procedures that –(a) use manual tank-gauging in accordance with AS 4897 or any other method that is as capable as manual tank-gauging of detecting a loss of petroleum from the storage system; and(b) are carried out on at least 2 occasions, at least 4 months part, in each year; and(c) require the results of the procedures carried out in accordance with paragraph (a) to be recorded and provided to a system operator of the storage system within 7 days after they are carried out.(4) If loss-monitoring procedures carried out under subregulations (1) and (2) in respect of a storage system detect in a tank in the storage system a variation in petroleum volume of more than 2% of the tank capacity, a system operator of the storage system must –(a) notify an infrastructure owner of the storage system, within 7 days after the results of the procedures are provided to the system operator, that petroleum may have been lost from the storage system; and(b) as soon as practicable, if petroleum is likely to be being lost from the storage system, ensure that further petroleum is prevented from being lost from the storage system; and(c) ensure that the storage system is not used until the tank is repaired or replaced in accordance with regulation 10 .Penalty: Fine not exceeding 100 penalty units.
(1) This regulation applies to a storage system comprised in part of a tank within a tank, if –(a) both tanks are capable of containing petroleum stored under normal operating and test pressures; and(b) there is a 360o space between the walls of the 2 tanks that enables the walls to be monitored for holes.(2) A system operator of a storage system to which this regulation applies must ensure that the storage system is not used unless interstitial monitoring is carried out in respect of the storage system.Penalty: Fine not exceeding 100 penalty units.(3) For the purposes of subregulation (2) , interstitial monitoring in respect of a storage system is monitoring that –(a) assesses the space between the wall of the inner tank and the wall of the outer tank, to determine whether there is a hole in either wall; and(b) is carried out on at least 2 occasions, at least 4 months apart, in each year; and(c) requires the following information to be recorded:(i) the date the interstitial monitoring is carried out;(ii) the name of the person who carries out the interstitial monitoring;(iii) the results of an assessment under paragraph (a) .(4) If interstitial monitoring under subregulation (3) determines that there is a hole in a wall of a tank, a system operator of the storage system must –(a) notify an infrastructure owner of the storage system, within 7 days, that there is such a hole and, if petroleum may have been lost from the storage system, that petroleum may have been lost from the storage system; and(b) if petroleum may have been lost from the storage system, ensure that further petroleum is not lost from the storage system; and(c) ensure that the storage system is not used until the tank is repaired or replaced in accordance with regulation 10 .Penalty: Fine not exceeding 100 penalty units.
(1) In this regulation –loss verification, in relation to a storage system, means assessment to determine whether petroleum is being lost from the storage system.(2) If loss-monitoring procedures carried out in accordance with regulation 11 indicate that petroleum is apparently being lost from a storage system, a system operator of the storage system must ensure that, within 14 days after a system operator of the storage system receives the results of the procedures, an investigation is carried out to determine –(a) whether the apparent loss of petroleum is due to inaccurate data; or(b) if the apparent loss of petroleum is not due to inaccurate data, whether petroleum may have been lost from the storage system.Penalty: Fine not exceeding 100 penalty units.(3) If an investigation under subregulation (2) determines that an apparent loss of petroleum from a storage system is not due to inaccurate data, a system operator of the storage system must, within 7 days after the investigation is completed, notify an infrastructure owner of the storage system that petroleum may have been lost from the storage system.Penalty: Fine not exceeding 100 penalty units.(4) An infrastructure owner of a storage system must ensure that loss verification is carried out if –(a) an investigation in accordance with subregulation (2) indicates that petroleum may have been lost from the storage system; or(b) loss-monitoring procedures in accordance with regulation 12(3) indicate a variation in petroleum volume of more than 2% of the tank capacity; or(c) interstitial monitoring in accordance with regulation 13(3) indicates that there is a hole in a wall of a tank comprising part of the storage system; or(d) measurements of the water level at the bottom of the tank indicate an unexplained increase, between consecutive recordings, in the water level.Penalty: Fine not exceeding 100 penalty units.(5) An infrastructure owner who is required by subregulation (4) to carry out loss verification must ensure that –(a) the loss verification begins within 7 days after the infrastructure owner becomes aware that loss verification is required in accordance with subregulation (4) ; and(b) loss verification is completed, and a report is obtained, as soon as reasonably practicable but in any case within 30 days after the loss verification begins; and(c) if there is a groundwater-monitoring well in respect of a storage system, loss verification includes scrutinising the water in that well for contamination by petroleum.Penalty: Fine not exceeding 100 penalty units.(6) A report for the purposes of subregulation (5)(b) is a report that contains –(a) the name and qualifications of the person carrying out the loss verification; and(b) the date the loss verification was carried out; and(c) the results of the loss verification.(7) If a report provided to an infrastructure owner under subregulation (5)(b) indicates that petroleum has been lost from a storage system, an infrastructure owner of the storage system must, as soon as practicable, prevent further petroleum from being lost from the storage system.Penalty: Fine not exceeding 100 penalty units.
(1) A system operator of a storage system must, within 7 days after becoming aware that petroleum has been lost from the storage system, notify an infrastructure owner of the storage system that a loss of petroleum has occurred.Penalty: Fine not exceeding 100 penalty units.(2) Subregulation (1) does not apply to a system operator who becomes aware, by virtue of –that petroleum has been lost from a storage system.(a) an investigation under regulation 14(2) ; or(b) loss-monitoring procedures or interstitial monitoring being carried out under regulation 12 or regulation 13 –(3) An environmental site assessment in relation to a storage system is required if –(a) a report provided to an infrastructure owner under regulation 14(5)(b) indicates that petroleum has been lost from the storage system; or(b) an infrastructure owner is notified by a system operator in accordance with subregulation (1) that petroleum has been lost from the storage system; or(c) petroleum is being or has been lost from the storage system and an infrastructure owner is aware of the loss.(4) If an environmental site assessment in relation to a storage system is required under subregulation (3) , an infrastructure owner of the storage system must –(a) within 7 days after the assessment becomes required, notify the Director that an environmental site assessment will be carried out; and(b) ensure that –(i) an environmental site assessment in accordance with regulation 26 begins within 14 days after the assessment becomes required under subregulation (3) ; and(ii) the environmental site assessment is completed in accordance with regulation 26 ; and(c) ensure that a report in relation to the environmental site assessment is completed in accordance with regulation 26 .Penalty: Fine not exceeding 100 penalty units.
PART 4 - Groundwater-monitoring Wells and Tank Pit Observation Wells
Division 1 - Application and interpretation of Part
In this Part –responsible person, in relation to a storage system, means –(a) if the storage system has not been permanently decommissioned under regulation 30(6) , an infrastructure owner of the storage system; or(b) if the storage system has been permanently decommissioned under regulation 30(6) , a landowner of the land on which the storage system is or was situated.
Division 3 does not apply in relation to a small storage system.
Division 2 - Groundwater-monitoring wells and tank pit observation wells generally
18. Specifications for groundwater-monitoring wells and tank pit observation wells
(1) In this regulation –relevant well, in respect of a storage system, means –(a) a groundwater-monitoring well, in respect of the storage system, that has not been decommissioned in accordance with regulation 19 ; or(b) a tank pit observation well in respect of the storage system.(2) A responsible person in relation to a storage system must ensure that a relevant well in respect of the storage system is –(a) sealed to exclude surface water; and(b) clearly marked to indicate its presence and purpose; and(c) adequately secured at all times to prevent unauthorised access.Penalty: Fine not exceeding 100 penalty units.
19. Decommissioning of groundwater-monitoring wells
A responsible person in relation to a storage system must ensure that, if a groundwater-monitoring well in respect of the storage system is to be rendered permanently incapable of further use for the purposes for which it was installed, the well is decommissioned in accordance with –(a) the Minimum Construction Requirements for Water Bores in Australia; and(b) EPA guidelines, if any, issued in relation to decommissioning of groundwater-monitoring wells.Penalty: Fine not exceeding 100 penalty units.
20. Wells to be scrutinised for contamination every 6 months
(1) In this regulation –free-phase petroleum means petroleum that has not dissolved in water;sheen means any visible petroleum, including any opalescent sheen, that floats on the surface of water.(2) A system operator of a storage system –(a) that is in use in a groundwater protection zone; and(b) in respect of which a groundwater-monitoring well is installed –must ensure that –(c) the water in the groundwater-monitoring well is scrutinised at least every 6 months for contamination by petroleum; and(d) if there is a tank pit observation well adjacent to the storage system, any water in the well is scrutinised at least every 6 months for contamination by petroleum; and(e) if there are EPA guidelines in relation to the scrutiny required under paragraph (c) or (d) , the scrutiny is conducted in accordance with the EPA guidelines.Penalty: Fine not exceeding 100 penalty units.(3) If petroleum (including free-phase petroleum or a sheen) is detected in water from a groundwater-monitoring well or tank pit observation well, a system operator of a storage system in respect of which the groundwater-monitoring well or tank pit observation well is installed must, as soon as practicable but in any case within 7 days after the petroleum is detected, notify an infrastructure owner of the storage system that petroleum has been detected.Penalty: Fine not exceeding 100 penalty units.(4) An infrastructure owner of a storage system who is notified in accordance with subregulation (3) that petroleum has been detected in water must, within 7 days, notify the Director, in the approved form, that –(a) petroleum has been detected in the water; and(b) an environmental site assessment will be undertaken.(5) If an infrastructure owner of a storage system is notified in accordance with subregulation (3) that petroleum has been detected in water, an infrastructure owner must –(a) within 7 days, ensure that an investigation to determine the source of the petroleum commences; and(b) as soon as practicable, prevent further petroleum from being lost from the storage system; and(c) ensure that –(i) an environmental site assessment in accordance with regulation 26 begins within 14 days; and(ii) the environmental site assessment is completed in accordance with regulation 26 ; and(d) ensure that a report in relation to the environmental site assessment is prepared and obtained in accordance with regulation 26 .Penalty: Fine not exceeding 100 penalty units.
Division 3 - Installation of new wells
21. Required number and location of groundwater-monitoring wells
For the purposes of this Part, a sufficient number of suitably located groundwater-monitoring wells are installed in respect of a storage system if there are enough wells, and the wells are placed in suitable locations, to enable –(a) the detection of petroleum that may be lost from the storage system into any groundwater aquifer in the vicinity of the storage system; and(b) the identification of the local groundwater flow direction in any aquifer in the vicinity of the storage system.
22. Storage systems in groundwater protection zones
(1) In this regulation –prescribed date, in relation to a storage system, means 2 years after the day on which a groundwater protection zone in which part or all of the storage system is situated is declared under regulation 5 .(2) This regulation applies to a storage system if the storage system is in use when a groundwater protection zone in which part or all of the storage system is situated is declared under regulation 5 .(3) An infrastructure owner of a storage system to which this regulation applies must ensure that, before the prescribed date, a sufficient number of suitably located groundwater-monitoring wells, as determined in accordance with regulation 21 , are installed in respect of the storage system.Penalty: Fine not exceeding 100 penalty units.
23. New storage systems in groundwater protection zones
(1) This regulation applies to a storage system if –(a) the storage system is a new storage system; and(b) part or all of the new storage system is installed in a groundwater protection zone after the groundwater protection zone is declared under regulation 5 .(2) An infrastructure owner of a storage system to which this regulation applies must ensure that, before the storage system is first used, a sufficient number of suitably located groundwater-monitoring wells, as determined in accordance with regulation 21 , are installed in respect of the storage system.Penalty: Fine not exceeding 100 penalty units.
24. Installation of groundwater-monitoring wells
(1) In this regulation –licensed driller means a person who holds a well driller's licence in accordance with Division 4 of Part 7 of the Water Management Act 1999 .(2) An infrastructure owner of a storage system must ensure that a groundwater-monitoring well that is installed, in respect of the storage system, in a groundwater protection zone after the commencement day is, in addition to the requirements under regulation 18 –(a) constructed so that cross-contamination between aquifers is prevented; and(b) constructed so that the groundwater-monitoring well screen allows, under any seasonal groundwater conditions, entry of petroleum into the well if petroleum is lost from the storage system ; and(c) constructed by a licensed driller in accordance with the monitoring bore requirements of the Minimum Construction Requirements for Water Bores in Australia; and(d) installed in accordance with any EPA guidelines in relation to the installation of groundwater-monitoring wells.Penalty: Fine not exceeding 100 penalty units.(3) An infrastructure owner of a storage system must ensure that sampling and analysis of groundwater to determine whether petroleum has contaminated the groundwater –(a) occurs between 7 and 21 days after a groundwater-monitoring well is installed in respect of the storage system; and(b) is carried out in accordance with regulation 6 .Penalty: Fine not exceeding 100 penalty units.
(1) In this regulation –prescribed datum means the coordinate datum adopted from time to time in directions made under section 15 of the Surveyors Act 2002 .(2) An infrastructure owner of a storage system must, within 45 days after all the groundwater-monitoring wells required under regulation 22(3) or regulation 23(2) are installed in respect of the storage system, obtain a groundwater-monitoring well installation report in relation to the wells.Penalty: Fine not exceeding 100 penalty units.(3) A groundwater-monitoring well installation report for the purposes of subregulation (2) is a report, in relation to the groundwater-monitoring wells in respect of a storage system, that includes –(a) a statement that the wells comply with the requirements of regulation 18(2) and regulation 24(2) ; and(b) a list of industry standards that have been followed when installing the wells; and(c) final construction details of the wells; and(d) coordinates of the wells in eastings and northings and the prescribed datum to which the coordinates relate; and(e) details of the elevation of ground level at the wells; and(f) details of the depth to standing-water level from the ground level where the wells are installed; and(g) results of the groundwater analysis conducted in accordance with regulation 24(3) , including information as to whether contamination of water by petroleum was detected and whether any such contamination is likely to cause environmental harm; and(h) a statement that a sufficient number of suitably located groundwater-monitoring wells, as determined in accordance with regulation 21 , are installed in respect of the storage system.(4) If there are any EPA guidelines in relation to groundwater-monitoring well installation reports, the groundwater-monitoring well installation report for the purposes of subregulation (2) is to be written in accordance with those guidelines.(5) An infrastructure owner must, within 7 days after receiving a groundwater-monitoring well installation report under subregulation (2) , ensure that the Director is notified in the approved form.Penalty: Fine not exceeding 50 penalty units.
PART 5 - Environmental Site Assessments
26. Environmental site assessments
(1) For the purposes of regulation 10(4) , regulation 15(4) and regulation 20(5) , an environmental site assessment is an assessment of an area of land that is or is likely to be contaminated by a pollutant, which may be petroleum, to determine –(a) the type of pollutant concerned and, if it is petroleum, the constituents of the petroleum concerned; and(b) the full spatial extent and magnitude of the pollutant, including whether the pollutant may have escaped from a parcel of land and whether the pollutant is affecting other land, a watercourse or body of water (including groundwater); and(c) the level of human health and ecological risk associated with the pollutant; and(d) whether further actions are required to limit the extent of the pollutant and the period within which these actions should be performed; and(e) whether part or all of the parcel of land is a contaminated site.(2) An infrastructure owner of a storage system who is required to carry out an environmental site assessment under regulation 10(4) , regulation 15(4) or regulation 20(5) must ensure that the person who carries out the assessment gives to an infrastructure owner of the storage system, within the period specified in subregulation (4) , a report in relation to all the matters specified in subregulation (1) .(3) The environmental site assessment and the report in relation to the environmental site assessment must be prepared –(a) in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999, made on 10 December 1999 by the National Environment Protection Council under the National Environment Protection Council Act 1994 of the Commonwealth, as amended or substituted from time to time; and(b) if there are any EPA guidelines in relation to the assessment or report, in accordance with the EPA guidelines.(4) The environmental site assessment must be completed, and the report in relation to the environmental site assessment must be obtained, within 4 months after the environmental site assessment begins under regulation 10(4) , regulation 15(4) or regulation 20(5) .
27. Infrastructure owners to provide report to Director and notice to landowners
(1) An infrastructure owner of a storage system must, within 7 days after receiving a report in relation to an environmental site assessment under regulation 26(2) , provide a copy of the report to the Director.(2) The Director, by notice to an infrastructure owner of a storage system who has provided a report to the Director under subregulation (1) , may require the infrastructure owner to pay a fee calculated at the hourly rate for each hour, or part of an hour, spent by the Director or an authorized officer in reviewing the report.(3) An infrastructure owner of a storage system who is required under subregulation (2) to pay a fee must pay the fee –(a) within 30 days after an invoice for the fee is issued; or(b) within a later period, after an invoice is issued, that is specified by the Director in a written notice to the infrastructure owner.(4) If an environmental site assessment is being carried out in respect of a storage system, an infrastructure owner of the storage system must notify, in writing, a landowner in respect of the storage system that –(a) the environmental site assessment is being carried out in relation to the parcel of land; and(b) part or all of the parcel of land on which the storage system is situated may be a contaminated site.(5) An infrastructure owner of a storage system must notify a landowner of the storage system in accordance with subregulation (4) within 7 days after an environmental site assessment in respect of the storage system begins under regulation 10(4) , regulation 15(4) or regulation 20(5) .Penalty: Fine not exceeding 100 penalty units.
28. Landowners to advise purchasers about ongoing environmental site assessments
If –(a) a landowner in respect of a storage system situated on a parcel of land is notified under regulation 27(4) that an environmental site assessment is being carried out in relation to the parcel of land; and(b) the environmental site assessment has not been completed –a landowner in respect of the storage system must, before a contract to sell part or all of the land is entered into with a person, inform the person that –(c) an environmental site assessment is being carried out; and(d) part or all of the parcel of land may be a contaminated site.Penalty: Fine not exceeding 100 penalty units.
PART 6 - Cessation and Resumption of Use
This Part does not apply to a storage system in respect of any period of not more than 4 months in which the storage system is not in use because –(a) a component of the storage system is being repaired or replaced in accordance with regulation 10 ; or(b) loss verification under regulation 14 , or an environmental site assessment under Part 5 , is being carried out.
30. Permanent and temporary decommissioning of storage systems
(1) This regulation does not apply to an abandoned storage system unless the system is used after the commencement day.(2) If a storage system is not in use for 2 months, an infrastructure owner of the storage system must –(a) temporarily decommission the system in accordance with subregulation (3) ; or(b) permanently decommission the system in accordance with subregulation (6) .Penalty: Fine not exceeding 100 penalty units.(3) For the purposes of subregulation (2)(a) , a storage system is temporarily decommissioned if an infrastructure owner complies, in respect of the storage system, with –(a) the AS 4976 requirements for tanks temporarily out of service; and(b) any EPA guidelines in relation to the temporary cessation of use of the storage system.(4) An infrastructure owner of a storage system must ensure that the storage system is not used again, after it is temporarily decommissioned in accordance with subregulation (3) , unless –(a) an equipment integrity test of the storage system is conducted and the storage system has passed the test; and(b) if the storage system is located in a groundwater protection zone, an infrastructure owner of the storage system has complied with the requirements of regulation 23(2) as if the storage system were a new storage system.Penalty: Fine not exceeding 100 penalty units.(5) If a storage system has not been returned to use within the 12-month period after it is temporarily decommissioned in accordance with subregulation (3) , an infrastructure owner of the storage system must permanently decommission the storage system in accordance with subregulation (6) .Penalty: Fine not exceeding 100 penalty units.(6) For the purposes of subregulation (2)(b) and subregulation (5) , a storage system is permanently decommissioned if –(a) the storage system is removed and disposed of in accordance with AS 4976; or(b) where the storage system cannot be removed safely without serious risk to the safety of people or adjoining infrastructure, the tanks of the storage system are decommissioned, in accordance with AS 4976, without being removed.(7) If a storage system is permanently decommissioned in accordance with subregulation (2)(b) or subregulation (5) , a person who was, immediately before the storage system was permanently decommissioned, an infrastructure owner of the storage system, must ensure that, within 4 months after the system is permanently decommissioned –(a) an assessment is conducted as to whether any petroleum has contaminated the soil or groundwater within the vicinity of the storage system; and(b) if there are any EPA guidelines in relation to the matters referred to in paragraph (a) , the assessment is conducted in accordance with those guidelines; and(c) he or she obtains a copy of an assessment report specifying the details referred to in paragraph (a) ; and(d) if there are any EPA guidelines in relation to the assessment report under paragraph (c) , the assessment report is written in accordance with those guidelines.Penalty: Fine not exceeding 100 penalty units.(8) An infrastructure owner of a storage system must, within 7 days after obtaining an assessment report under subregulation (7)(c) , notify the Director in the approved form.Penalty: Fine not exceeding 100 penalty units.
31. Removal and decommissioning of abandoned storage systems
(1) An infrastructure owner of an abandoned storage system must ensure that –(a) if the abandoned storage system is removed, it is removed and disposed of in accordance with AS 4976; or(b) if the abandoned storage system is to be rendered incapable of further use and cannot be removed without serious risk to the safety of people or adjoining infrastructure, the tanks of the storage system are decommissioned, in accordance with AS 4976, without being removed.Penalty: Fine not exceeding 100 penalty units.(2) If, in accordance with subregulation (1) , a storage system is removed or decommissioned, a person who was, immediately before the storage system was removed or decommissioned, an infrastructure owner of the storage system, must ensure that, within 4 months after the removal or decommissioning –(a) an assessment is conducted as to whether any petroleum has contaminated the soil or groundwater within the vicinity of the storage system; and(b) if there are any EPA guidelines in relation to an assessment referred to in paragraph (a) , the assessment is conducted in accordance with those guidelines; and(c) he or she obtains a copy of an assessment report specifying the details referred to in paragraph (a) ; and(d) if there are any EPA guidelines in relation to the assessment report under paragraph (c) , the assessment report is written in accordance with those guidelines.Penalty: Fine not exceeding 100 penalty units.(3) An infrastructure owner must, within 7 days after obtaining a report in accordance with subregulation (2)(c) , notify the Director, in the approved form, that the storage system to which the report relates has been removed or decommissioned.Penalty: Fine not exceeding 100 penalty units.
32. Use of abandoned storage systems after commencement day
(1) An infrastructure owner of an abandoned storage system must ensure that the storage system is not used after the commencement day unless, before the storage system is so used –(a) an equipment integrity test of the storage system is conducted and the storage system has passed the test; and(b) if the storage system is located in a groundwater protection zone, an infrastructure owner of the storage system has complied with the requirements of regulation 23(2) as if the storage system were a new storage system.Penalty: Fine not exceeding 100 penalty units.(2) A person who will be the system operator of an abandoned storage system that is to be used after the commencement day must ensure, that, before the storage system is so used, the Director is notified in the approved form.Penalty: Fine not exceeding 100 penalty units.
PART 7 - Record-keeping
33. Keeping of records when storage system in use, &c.
(1) A system operator of a storage system must keep, for the period specified in subregulation (4) , the following records in relation to the storage system:(a) details of the ownership of the storage system, including any contractual arrangements relevant to the management of the storage system;(b) contact details for all infrastructure owners of the storage system, all landowners of the storage system and all persons who are associated with the management of the storage system;(c) details, including dimensions, capacity and location, of the storage system;(d) details of any loss verifications carried out under regulation 14 and actions taken as a result of the verifications;(e) copies of all notifications given to the Director, under regulation 7(3) , regulation 9(3) , regulation 32(2) and regulation 37 .Penalty: Fine not exceeding 50 penalty units.(2) An infrastructure owner of a storage system must keep, for the period specified in subregulation (4) , the following records in relation to the storage system:(a) details of the ownership of the storage system;(b) details, including dimensions, capacity and location, of the storage system;(c) the storage system designs and installation plans;(d) site plans for the storage system and any other storage system that was formerly on the parcel of land on which the storage system is situated, including site drainage plans;(e) details of all repairs and replacements of components of the storage system;(f) copies of all assessment reports obtained by an infrastructure owner of the storage system under regulation 30(7)(c) ;(g) copies of all notifications given to the Director under regulation 10(4)(a) , regulation 25(5) , regulation 20(4) and regulation 30(8) ;(h) copies of reports provided to the Director under regulation 27(1) ;(i) copies of all groundwater-monitoring well installation reports obtained under regulation 25(2) by an infrastructure owner;(j) results of equipment integrity tests conducted under regulation 9(1) , regulation 10(5) , regulation 10(6) , regulation 30(4) and regulation 32 .Penalty: Fine not exceeding 50 penalty units.(3) A person is not required to keep a record specified in subregulation (1) or (2) if the record was created before the commencement day and the person has taken reasonable steps to obtain the record but has not been able to obtain it.(4) The records kept under subregulations (1) and (2) must be kept during all periods –(a) in which the storage system is in use; and(b) that are within a 2-month period after a day on which the storage system was in use; and(c) in which the storage system is required under regulation 30 to be temporarily decommissioned.(5) A person required to keep a record specified in subregulation (1) or (2) must ensure that the record is available for inspection by the Director within 14 days after the Director requests the record to be made so available.Penalty: Fine not exceeding 50 penalty units.
34. Certain records to be kept for 10 years from date of creation
A system operator of a storage system must keep, for 10 years after they came into existence, the following records, results and documents in relation to the storage system:(a) loss-monitoring records under regulation 11 or 12 ;(b) records of interstitial monitoring carried out under regulation 13 ;(c) results of scrutiny carried out under regulation 20(2) ;(d) documents setting out record-keeping procedures and details of loss-prevention measures undertaken in respect of the storage system (including maintenance schedules and testing details);(e) records of any training in relation to protecting the environment that has been given to persons when employed or engaged for purposes related to the parcel of land on which the storage system is situated.Penalty: Fine not exceeding 50 penalty units.
35. Records to be given to landowner when storage system permanently decommissioned
(1) A person who was, immediately before a storage system is permanently decommissioned in accordance with regulation 30(6) , an infrastructure owner of the storage system, must ensure that, within 14 days after the system is permanently decommissioned, the records kept in relation to the storage system under regulation 33(2) are delivered to a landowner in respect of the storage system.Penalty: Fine not exceeding 50 penalty units.(2) A person who was, immediately before a storage system is permanently decommissioned in accordance with regulation 30(6) , a system operator of the storage system, must ensure that, within 14 days after the system is permanently decommissioned, the records kept in relation to the storage system under regulation 33(1) or regulation 34 are delivered to a landowner in respect of the storage system.Penalty: Fine not exceeding 50 penalty units.(3) A landowner to whom records are delivered under subregulation (1) or (2) must keep the records for a period of 10 years beginning on the day on which the storage system is permanently decommissioned in accordance with regulation 30(6) .Penalty: Fine not exceeding 50 penalty units.
36. Records to be delivered to new operators and owners
(1) A person who ceases to be an infrastructure owner of a storage system must, within 14 days after the cessation, deliver to another infrastructure owner, if any, of the storage system, copies of all records, results and documents for the storage system that were held by the first-mentioned person.Penalty: Fine not exceeding 50 penalty units.(2) A person who ceases to be a system operator of a storage system must, within 14 days after the cessation, deliver to another system operator, if any, of the storage system, copies of all records, results and documents for the storage system that were held by the first-mentioned person.Penalty: Fine not exceeding 50 penalty units.(3) A person who ceases to be a landowner in respect of a storage system must, within 14 days after the cessation, deliver to another landowner, if any, in respect of the storage system, copies of all records, results and documents for the storage system that were held by the first-mentioned person.Penalty: Fine not exceeding 50 penalty units.
PART 8 - Miscellaneous
37. Notice of existing storage systems to be provided within 6 months after commencement day
A landowner in respect of a storage system that is in use on the commencement day must ensure that, within the 6-month period beginning on that day, the Director is notified in the approved form of –(a) details of the storage system; and(b) each person who is an infrastructure owner, or system operator, of the storage system; and(c) each person who is a landowner in respect of the storage system.Penalty: Fine not exceeding 100 penalty units.
If a provision of these regulations requires an infrastructure owner of a storage system or a system operator of a storage system –the requirement is satisfied if another infrastructure owner of the storage system, or another system operator of the storage system, respectively, satisfies the requirement.(a) to take an action in relation to the storage system; or(b) to ensure that an action is or is not taken in relation to the storage system –
(1) A person may apply to the Director for an exemption from the requirements of one or more provisions of these regulations.(2) An application under subregulation (1) must be –(a) in the approved form; and(b) accompanied by a fee of 200 fee units.(3) The Director may, by notice to a person who makes an application under subregulation (1) , require the person to pay a fee calculated at the hourly rate for each hour, or part of an hour, spent by the Director, or an authorized officer, in assessing the application.(4) A person required under subregulation (3) to pay a fee must pay the fee –(a) within 30 days after an invoice for the fee is issued; or(b) within a later period after an invoice is issued that is specified by the Director in a written notice to the person.(5) The Director may, on his or her own initiative, waive the fee required under subregulation (2)(b) .(6) The Director may, in writing –(a) require that a person provide to the Director further information about any matter in relation to an application by the person under subregulation (1) ; and(b) refuse to grant the application unless the person provides the information as required.(7) The Director may, after receiving an application under subregulation (1) from a person, exempt, or refuse to exempt, the person from the requirements of a provision of these regulations.(8) An exemption under subregulation (7) may be granted unconditionally or on any condition that the Director considers appropriate.(9) A person exempted under subregulation (7) from the requirements of a provision of these regulations must comply with the conditions, if any, of the exemption.Penalty: Fine not exceeding 100 penalty units.(10) The Director may at any time, by notice to a person to whom an exemption has been granted under subregulation (7) , revoke the exemption.(11) The fees prescribed under this regulation are exempt from GST.
40. Exemptions at instigation of Director
(1) The Director may, on his or her own initiative –(a) by notice, exempt a class of persons from the requirements of a provision of these regulations; or(b) by notice to a person, exempt the person from the requirements of a provision of these regulations.(2) An exemption under subregulation (1) may be granted unconditionally or on any conditions that the Director considers appropriate.(3) A person, or a member of a class of persons, exempted under subregulation (1) from the requirements of a provision of these regulations must comply with the conditions, if any, of the exemption.Penalty: Fine not exceeding 100 penalty units.(4) The Director may at any time –(a) by notice, revoke an exemption under subregulation (1) in respect of a class of persons; or(b) by notice to a person to whom an exemption has been granted under subregulation (1) , revoke the exemption.
(1) The Director may require a system operator of a storage system to provide to the Director further information about any reports, results, documents, notices or notifications that a system operator of the storage system is required to give to the Director under these regulations.(2) The Director may require an infrastructure owner of a storage system to provide to the Director further information about any reports, results, documents, notices or notifications that an infrastructure owner of the storage system is required to give to the Director under these regulations.(3) A person required under subregulation (1) or (2) to provide information to the Director must, within the period determined by the Director, provide the information to the Director.Penalty: Fine not exceeding 100 penalty units.
(1) The Board may, by notice, issue guidelines for the purposes of these regulations.(2) The Board may, by notice, vary or revoke a guideline made under subregulation (1) .
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 3 February 2010
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.