Interpretation

1 The definitions in this section apply in these Regulations.

aboveground storage tank

aboveground storage tank means a storage tank where more than 90% of the storage tank volume is above the surrounding earth, backfill or concrete and that operates at atmospheric pressure plus or minus 10 kPa. (réservoir de stockage hors sol)

aboveground storage tank system

aboveground storage tank system means one or more commonly connected aboveground storage tanks with all connecting piping, both aboveground and underground, including pumps and product transfer apparatus, diking, overfill protection equipment and associated spill containment and collection apparatus. (système de stockage hors sol)

allied petroleum product

allied petroleum product means a single hydrocarbon or a mixture of hydrocarbons other than a petroleum product. It includes alcohols, glycols, thinners, solvents, organic chemicals and inks. (produit apparenté)

appropriate federal department

appropriate federal department means a department, a board or an agency of the Government of Canada, or a corporation named in Schedule III to the Financial Administration Act, that owns, leases or otherwise controls the federal land or aboriginal land on which a storage tank system is located. (ministère fédéral compétent)

consolidated record

consolidated record means a central registry or collection of storage tank system records, computerized or otherwise, or regional computerized registries accessible from a central point through a computer communications network or telephone data modem. (dossier de synthèse)

"Federal Aboveground Storage Tank Technical Guidelines"

"Federal Aboveground Storage Tank Technical Guidelines" means the Technical Guidelines for Aboveground Storage Tank Systems Containing Petroleum Products, as amended from time to time, made pursuant to section 53 of the Canadian Environmental Protection Act and published in the Canada Gazette. (Directives techniques fédérales sur les réservoirs de stockage hors sol)

"Federal Underground Storage Tank Technical Guidelines"

"Federal Underground Storage Tank Technical Guidelines" means the Technical Guidelines for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products, as amended from time to time, made pursuant to section 53 of the Canadian Environmental Protection Act and published in the Canada Gazette. (Directives techniques fédérales sur les réservoirs de stockage souterrains)

Minister

Minister means the Minister of the Environment. (ministre)

owner

owner, in respect of a storage tank system, means the Crown, an institution, corporate entity, Indian band, government department or agency, or a person, who has legal ownership of the storage tank system or who has been assigned custody to control, care for, manage or dispose of the system. (propriétaire)

partially buried storage tank

partially buried storage tank means a storage tank 10% or more of whose volume is below the adjacent ground level. (réservoir de stockage partiellement enfoui)

petroleum product

petroleum product means a single hydrocarbon or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used, or could be used, as a fuel, lubricant or power transmitter. It includes gasoline, diesel fuel, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil and engine oil, including used oil; it excludes propane, paint and solvents. (produit pétrolier)

regional

regional means of or in a particular organizational sub-component of an appropriate federal department reporting directly to the department's national headquarters, including any military base in the case of the Department of National Defence. (régional)

storage tank

storage tank means a closed container that has a capacity of more than 230 L and is designed to be installed in a fixed location. (réservoir de stockage)

storage tank system

storage tank system means an aboveground storage tank system and an underground storage tank system. (système de stockage)

underground storage tank

underground storage tank means a partially buried storage tank, or a storage tank that is completely buried by or covered with earth, backfill or concrete, that operates at atmospheric pressure plus or minus 10 kPa. (réservoir de stockage souterrain)

underground storage tank system

underground storage tank system means one or more commonly connected underground storage tanks, including all underground and aboveground connections, piping, pumps and dispensers. (système de stockage souterrain)

• SOR/2000-105, s. 4

Application

1.1 These Regulations apply to federal lands and federal works and undertakings under the authority of the ministers of the Crown who, under subsection 54(1) of the Canadian Environmental Protection Act, as that provision read on December 19, 1996, have concurred in the making of these Regulations.

2 These Regulations apply to owners of outside aboveground storage tank systems for petroleum products having a single or total capacity or more than 4 000 L, and to owners of underground storage tank systems for petroleum products or allied petroleum products, where the storage tank systems are located on federal land or on aboriginal land.

3 Where the owner of a storage tank system is not established, the appropriate federal department, as administrator of the lands in or on which the storage tank system is located, is deemed to be the owner of the system.

Registration

4 The owner of a storage tank system that was installed on or before the day on which these Regulations come into force shall register the system pursuant to section 7 within 90 days after that day.

5 The owner of a storage tank system that is installed after the day on which these Regulations come into force shall register the system pursuant to section 7 within 60 days after the completion of the installation or within 60 days after the first transfer into the storage tank of a petroleum product or allied petroleum product, whichever is earlier.

6 Within 60 days after the change of storage tank ownership, the completion of any replacement or alteration, or the withdrawal from service of a storage tank system, that was registered pursuant to section 7, the owner of the system shall provide the appropriate federal department with any changes in the information set out in Schedule I.

7 Subject to sections 4 to 6, the owner of a storage tank system shall register the system with the appropriate federal department by providing, at a minimum, the information set out in Schedule I.

8 Where the owner of a storage tank system, in providing the information set out in Schedule I, fails to provide a date of installation for a storage tank system, the appropriate federal department shall assign a date before January 1, 1969 to be the date of installation. The assigned date shall be used in the interpretation and application of the Federal Aboveground Storage Tank Technical Guidelines and the Federal Underground Storage Tank Technical Guidelines unless the actual date of installation is determined and registered with the appropriate federal department.

9 Where the owner of a storage tank system has failed to register the system in compliance with sections 4 to 7, the appropriate federal department will, on becoming aware of the situation, make any efforts that it considers warranted to cause the owner to register the system. If the registration is not achieved within 60 days after the department becomes aware of its being an unregistered system, the department shall inform the Minister of the existence of the unregistered storage tank system and provide the name and address of the owner, if available.

Storage Tank System Use

10 After 90 days have elapsed following the coming into force of these Regulations, no person shall transfer or cause to be transferred petroleum products or allied petroleum products into a storage tank system unless the system is registered with the appropriate federal department. Notwithstanding that prohibition, a storage tank system entering service for the first time and not yet registered pursuant to section 5 may be filled with petroleum product or allied petroleum product before the registration deadline specified in that section.

Consolidated Record

• 11 (1) The appropriate federal department shall maintain the consolidated record of all storage tank systems registered with it pursuant to sections 4 to 7.

• (2) The appropriate federal department shall provide the Minister with access to the consolidated record during normal business hours.

• (3) On written request from the Minister, an appropriate federal department shall provide the Minister with a copy of the consolidated record.

Annual Reporting

• 12 (1) By April 30 of each year after the year in which these Regulations come into force, each appropriate federal department shall send the Minister an annual report, updated to December 31 of the previous year, that provides, at a minimum, the information set out in Schedule II.

• (2) As an alternative to the annual report required by subsection (1), an appropriate federal department may report the information set out in Schedule II in Part III of its Main Estimates. An appropriate federal department that chooses to exercise that option must inform the Minister in writing of the choice by February 1 of the year of the report.

• (3) The Minister may provide an exemption in writing, valid for a specified period of up to four years, to an appropriate federal department with respect to the requirement to provide an annual report.

Coming into Force

13 These Regulations come into force on August 1, 1997.