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Question
Instructions
Given the following scenario, please submit a 1-2 page Word document of your response.
Our client is Ellen Reynolds, who recently purchased a property in northwest Arizona. After she closed on the property, she discovered an old underground storage tank. This tank was apparently used to store gasoline in the 1970s for a previous owner. The tank has a storage capacity of 1500 gallons.
Ms. Reynolds is a strong environmentalist, and she knows that there are federal laws monitoring the storage of gas and other potentially polluting liquids, even on private property. She would like to drain and remove this tank, and she wants to ensure that she complies with federal law as she does so.
Please research the federal statutes and corresponding regulations to determine whether removal of this underground storage tank is governed by federal law. If federal law applies, please discuss the steps that Ms. Reynolds must take when removing the tank.
| Subject | Law and governance | Pages | 3 | Style | APA |
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Answer
Removal of an Underground Storage Tank
Federal protection of the environment is conducted in fulfillment of the requirements stipulated by the Environmental Protection Agency (EPA) and other federal regulations. There are a number of federal regulations that govern the removal of underground storage tanks. Such activity is also governed by state and municipal laws. This paper will, however, focus on federal regulations regarding the removal of underground storage tanks and the steps that are to be followed thereto when conducting this activity.
Under the Hazardous and Solid Waste Amendments of 1984 (HSWA) an underground storage tank is a tank which is used “to contain an accumulation of regulated substances and the volume of which [is]ten percent (10%) or more beneath the surface of the ground” (HSWA, 1984, Section 224.60-105). The Act further stipulates that the term does not include any “Farm or residential tank of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel for noncommercial purposes” (HSWA, 1984, Section 224.60-105). In the present case, it is not apparent whether Ms. Reynolds’ property is meant for commercial or non-commercial purposes. It is not clear whether the property is residential or non-residential. What is clear, however, is the fact that the storage capacity of the Underground Storage Tanks (UST) on her property exceeds the 1,100 gallons line drawn in the HSWA. Based on this fact, the contention is that the removal of the USTs is governed by federal statutes.
The first step towards removing the UST is notifying the federal or state authorities about the intention to remove the tanks at least 30 days prior to the activity (Robinson, et al., 1993). Local authorities may also need to grant their approval in that regard. A property owner cannot remove a UST at his or her own discretion. The relevant authorities must be notified.
The next step is to find a licensed contractor who can take charge of the activity (Robinson, et al., 1993). Such licensure varies from state to state. Seeking the services of a licensed contractor will ensure that the relevant safety guidelines and environmental regulations are met. The contractor will then ensure that the entire residue from the tank has effectively been removed and disposed of in accordance with the statutorily set disposal procedures (Robinson, et al., 1993). The tank is then inerted in order to mitigate the risk of an explosion. The excavation is the done and thereafter the tank is cleaned, removed and prepared for disposal. On the location where the tank is removed, the soil is tested for any contamination and if there is any contaminated soil, it is handled and disposal as per the federal statutory guidelines (Robinson, et al., 1993). The contractor then completes and submits a closure report (Robinson, et al., 1993).
Management and removal of a UST is governed by federal, state, and municipal laws. Before an individual embarks on removing a UST he or she should determine the jurisdictional laws that govern such removal.
References
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Hazardous and Solid Waste Amendments of 1984 (HSWA). Robinson, J., E., Thompson, P., S., Conn, W., D., & Geyer, L., L. (1993). Issues in Underground Storage Tank Management UST Closure and Financial Assurance. CRC Press.
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