Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

3 (1) Subject to subsections (2) to (4), the owner or operator of a storage tank system that leaks a liquid must, without delay, temporarily withdraw from service, in accordance with section 43, either

• (a) the leaking component, if it can be isolated from the system; or

• (b) in any other case, the system.

The owner or operator may only return the system or component, as the case may be, to service if they have made the necessary repairs to ensure that it no longer leaks.

(2) Subject to subsection (4), the owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground tanks that leak a liquid must, without delay, permanently withdraw those tanks and their components from service in accordance with section 44 and, within two years after the later of the day on which these Regulations come into force and the day on which the owner or operator becomes aware of the leak,

• (a) in the case of a storage tank system that has vertically-oriented underground tanks, remove any piping and other components that are outside the tanks in accordance with section 45; or

• (b) in any other case, remove the single-walled underground tanks and their components in accordance with section 45.

(3) Subject to subsection (4), the owner or operator of a storage tank system installed before the coming into force of these Regulations that has single-walled underground piping and which piping leaks a liquid must, without delay,

• (a) temporarily withdraw that system from service in accordance with section 43, permanently withdraw that piping from service in accordance with section 44, remove it in accordance with section 45 and replace it in accordance with section 14; or

• (b) permanently withdraw that system from service in accordance with section 44 and, within two years after the later of the day on which these Regulations come into force and the day on which the owner or operator becomes aware of the leak,

  • (i) in the case of a storage tank system that has shop-fabricated aboveground tanks or underground tanks, other than vertically-oriented underground tanks, remove the system in accordance with section 45, and

  • (ii) in the case of a storage tank system that has field-erected aboveground tanks or vertically-oriented underground tanks, remove all piping and other components that are outside the tanks in accordance with section 45.

(4) If circumstances make it impossible to comply with subsection (1), (2) or (3), the owner or operator must, without delay, take necessary measures to minimize the immediate or long-term harmful effect on the environment and danger to human life or health until it becomes possible to comply with that subsection, and must, without delay, inform the Minister, in writing, of those circumstances and the measures that will be taken. For greater certainty, a petroleum product or allied petroleum product must not be transferred into the system until it becomes possible to comply with that subsection.