Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020

A system operator of a storage system – that is in use in a groundwater protection zone; and in respect of which a groundwater-monitoring well is installed – must ensure that – the water in the groundwater-monitoring well is – scrutinised at least every 6 months for contamination by petroleum; and sampled and analysed at least every 12 months for contamination by petroleum; and 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 sampled and analysed at least every 12 months for contamination by petroleum; and if there are EPA guidelines issued in relation to scrutiny, sampling and analysis required under paragraph (c) or (d), the scrutiny, sampling and analysis is conducted in accordance with those EPA guidelines. Fine not exceeding 100 penalty units.

If petroleum is detected in water from a groundwater-monitoring well or tank pit observation well during scrutiny, or sampling and analysis, under subregulation (1), 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. Fine not exceeding 100 penalty units.

An infrastructure owner of a storage system who – is notified in accordance with subregulation (2) that petroleum has been detected in water; or receives a groundwater-monitoring well installation report under regulation 27(2) that indicates that petroleum has been detected in water – must – as soon as practicable, prevent further petroleum from being lost from the storage system; and within 7 days after the notification or report is received, respectively, notify the Director, in the approved form – that petroleum has been so detected; and that an environmental site assessment will be carried out on the parcel of land on which is situated the storage system in respect of which the groundwater-monitoring well or tank pit observation well is installed; and within 7 days after the notification or report is received, respectively, ensure that an investigation to determine the source of the petroleum commences; and within 14 days after the notification or report is received, respectively, ensure that an environmental site assessment is commenced, on the parcel of land on which is situated the storage system in respect of which the groundwater-monitoring well or tank pit observation well is installed. Fine not exceeding 100 penalty units.