Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020 (UPSS Regulations) responsibilities are allocated to the Landowner, Infrastructure Owner and/or System Operator. A summary of their responsibilities under the UPSS Regulations is listed below along with definitions of some key terms used in the regulations.
Summary of Requirements
UPSS Regulations should be referred to for full details of the requirements.
All parties must keep records relating to the UPSS and its environmental management.
Landowner must ensure that:
- their site containing UPSS was registered by 30 September 2010; and
- the Director, EPA is notified if a system operator or infrastructure owner changes.
Infrastructure Owner must ensure that:
- the storage system is compatible with the petroleum stored;
- mandatory equipment is installed in new systems or where a tank is replaced. Such equipment includes double walled, non-corrodible tanks and lines, overfill protection, tank pit and observations wells;
- an equipment integrity test (EIT) is conducted when a new UPSS is installed or a UPSS is upgraded or repaired. The system must pass this test before it is used;
- an environmental site assessment is conducted if contamination is present in an excavation exposed when a UPSS, fill point and/or piping are replaced;
- loss verification is undertaken if a potential loss is detected;
- an environmental site assessment is conducted if a loss is confirmed;
- groundwater monitoring wells are installed if the UPSS is in a Groundwater Protection Zone. Wells must be installed two years after the Zone is defined;
- groundwater monitoring wells are maintained;
- an environmental site assessment is conducted if petroleum is detected in a groundwater monitoring well;
- where UPSS are permanently or temporarily decommissioned, they are managed in accordance with the regulations; and
- an assessment is undertaken when a UPSS is decommissioned to determine whether the surrounding soil and/or groundwater are contaminated by petroleum.
System Operator must ensure that:
- loss monitoring commenced prior to 31 March 2011;
- the interstitial space in double-walled tanks is monitored six monthly;
- an initial loss investigation is undertaken if a potential loss is detected; and
- water in groundwater monitoring wells (in groundwater protection zones) is checked for contamination six monthly.
A brochure is available which summarises the responsibilities of the landowner, infrastructure owner and systems operator under the regulations.
New Environmental Regulations for Underground Petroleum Storage Tanks
A copy of the Information Session which was presented state wide in May and June 2010 can be downloaded.
UPSS Information Session Presentation
Some definitions of words used in the regulations are:
Abandoned Storage System – An underground petroleum storage system that was not in use on 31 March 2010. The only requirements in the regulations that are relevant to abandoned storage systems, relate to their reuse or decommissioning.
Infrastructure Owner - is a person who is the sole or joint owner of the storage system. A landowner may be the infrastructure owner by virtue of the storage system being a fixture on land.
Landowner - is an owner of a parcel of land on which the storage system is situated and includes a person who has, in the exercise of a right under a mortgage, charge or other encumbrance, taken possession of the parcel of land; and has the power to sell or otherwise dispose of the parcel of land.
Small storage system - a storage system that has a capacity of less than 5,500L and that is the only storage system situated on a parcel of land; or a storage system that contains used (waste) oil and has a capacity equal to or more than 5,500L but in which less than 5,500L of used (waste) oil is stored at any one time.
System Operator - a person who manages the day-to-day operations of the storage system or where there is no person who manages the day-to-day operations of the storage system, an infrastructure owner of the storage system.