DEE-22: Petroleum Bulk Storage Inspection Enforcement Policy - Notice Of Violation Template

NOTICE OF VIOLATION

Month Day, Year

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mailing: Attention
Mailing Company
Mailing Address
Mailing City, State, Zip

Re: Petroleum Bulk Storage (PBS) Program Facility Inspection - 6 NYCRR Parts 612-614

Dear Sir or Madam:

On [Insp. Date] I visited your facility to determine compliance with New York State's PBS regulations. The following violations were identified during that inspection and need your immediate attention to bring your facility into compliance. Citations to the applicable regulations are noted in brackets and pertain to the tank(s) that is listed. I enclose a copy of the PBS regulations and inspection checklist for your reference.

The law requires that you comply fully with the PBS regulations. You must correct all of the violations noted below within the stated time frame(s) and submit required documentation.

Existing Facilities - Non-Registered facility - [Section 612.2]

This PBS facility is not registered with NYSDEC. Enclosed is a PBS application form and instructions. Return the completed form with the appropriate fee to this office within 7 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

New underground tanks and facilities - [Subdivision 614.2(a)] and [Paragraph 614.3(a)(1)] and [Subdivision 614.7(d)] and [Section 614.14]

This tank(s) is deficient in the areas listed below.

• This tank(s) is not corrosion resistant. This tank(s) must be made of fiberglass-reinforced plastic, or steel which is cathodically protected or steel which is clad or jacketed with fiberglass or other Department approved material.
• This tank(s) does not have secondary containment. This tank(s) must either be double walled, installed in an excavation liner, or vaulted.
• This tank(s) does not have a leak monitoring system. A leak monitoring system must be installed.
• This tank(s) does not have overfill protection. Overfill protection such as auto shut-off valve, high level alarm or ball float valve must be installed.
• The underground pipes associated with the above tank(s) are not corrosion resistant. Underground pipes must be made of fiberglass-reinforced plastic or cathodically protected iron or steel or other Department approved non-corrodible pipe.
• This facility has pressurized piping that does not have line leak detection. Piping that operates under pressure must have a leak detection system.
• This facility has suction piping which has more than one check valve. Suction piping must have one and only one check valve.
• This tank(s) does not have the appropriate labeling at the fill port. All new underground tanks must bear a permanent stencil, label or plate which contains all of the information present in subparagraphs 614.3(a)(1)(i-vii). In addition, the labeling must have the date of installation as per paragraph 614.3(a)(2). This label must be readily visible to the carrier and may be imbedded in concrete, welded to the fill port, or otherwise permanently affixed.
• This tank(s) does not have as-built plans. The owner must maintain an accurate drawing or as-built plans which show the size and location of any new underground tank and piping system. These plans must include a statement by the installer that the system has been installed in compliance with PBS regulations 6 NYCRR Part 614. [Subdivision 614.7(d)]

Within 30 calendar days from the date of this letter you must correct the foregoing violations and submit documentation of such corrective actions. If any of the foregoing corrective actions is not able to be completed within such time period, the tank(s) must be taken out of service in accordance with 613.9(a) until the above violations are corrected and a plan submitted to the Department for approval within 30 calendar days from the date of this letter. The plan must include a schedule for correcting the violations.

UST('s ) Tank #(s)_______________

New underground tank leak detection - Monitoring at new USTs - [Section 614.5 and Paragraph 613.5(b)(3)]

Leak detection monitoring associated with the above referenced underground tank(s) is not being performed.

Regardless of the leak detection method used, the operator must check the system(s) at least weekly for evidence of leaks. Additionally, all leak monitoring systems must be inspected at least monthly to check for operability.

All new underground storage tanks (installed after 12/27/86), must have one of the following leak detection systems:

1. if the tank is double walled then the interstitial space must be monitored for leakage by either electronic or manual methods;
2. an in-tank monitoring system; or
3. an observation well or wells installed

Submit the last four weekly monitoring reports within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Inventory Records - [Section 613.4]

Proper inventory records are not being kept for the above referenced tank(s). The operator of underground storage tanks must keep daily inventory records for the purpose of detecting leaks. Records must be kept for each tank and include measurements of water levels, sales, use, deliveries, inventory on hand, and losses or gains. Inventory records must be reconciled every 10 days. Submit the most recent 30 days of properly reconciled inventory records within 30 calendar days from the date of this letter.

The following inventory record violations were identified:

No inventory records are being kept. - [Section 613.4]

The operator of the underground storage tank must keep inventory records as noted above.

Maintenance of spill prevention equipment - [Subdivisions 613.3(d) and 613.4(a)]

The measuring device (stick) is in poor condition The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 7 calendar days from the date of this letter repair or replace the measuring device and submit documentation thereof to this office.

Reconciliation of inventory records - [Subdivision 613.4(a)]

Inventory records are not being reconciled properly. Reconciliation of records must be kept current and must account for all variables which could affect an apparent loss or gain. Additionally, all records must be reconciled every ten days and kept in accordance with generally accepted practices.

Reconciliation of inventory records - time period - [ECL §17-1007]

The inventory records are not being reconciled every ten days. The owner or operator must reconcile the inventory records for each underground storage tank every ten days.

Investigation of Potential Leak - [Subdivision 613.4(d)]

A discrepancy was noted, but not investigated. For apparent losses or gains exceeding the threshold, the owner must initiate an investigation into the possible causes. If within 48 hours the causes can not be explained by factors not related to leakage, the operator must notify the owner and the nearest regional office of the Department and must take the tank out-of-service in accordance with Part 613.9(a) until such time that inspection and/or tightness tests are performed, the cause is determined and necessary repairs or replacements are made. With the submittal of the inventory records above, if any discrepancies exceed the threshold , submit the findings of the investigation into the cause of the discrepancy and the corrective action taken to resolve it.

UST('s ) Tank #(s)_______________

Periodic tightness testing - [Section 613.5]

This tank(s) has not undergone a system test as required by the regulations. The owner of any underground petroleum storage tank and connecting piping system must have the tank and pipes periodically tested for tightness. Within 30 calendar days from the date of this letter this tank and connected piping must be tested for tightness and the results submitted.

AST('s ) Tank #(s)_______________

New Aboveground tanks - [Section 614.8 through 614.11]

All new aboveground petroleum storage facilities must meet the requirements listed in subdivision 614.8(a). The listed tank(s) is deficient in the areas listed below.

• This tank(s) is not made of welded steel - [Subdivision 614.9(a)].
• This tank(s) is not protected from corrosion - [Subdivision 614.9(c)]. The tank(s) must have adequate surface coating (paint) present. Within 30 calendar days from the date of this letter apply the required paint to the tank.
• This tank bottom(s) does not have protection from corrosion - [Subdivision 614.9(b)]. The bottom(s) must have cathodic protection applied. Within 30 calendar days from the date of this letter submit a plan to install cathodic protection to the tank bottom within 90 calendar days from the date of this letter.
• This tank(s) does not have a double bottom or is not underlain by an impervious barrier to prevent leaks from reaching the environment - [Section 614.10]. This tank(s) must be constructed with a double bottom or underlain by an impermeable barrier. Within 30 calendar days from the date of this letter submit a plan to install a double bottom or underlay the tank with an impermeable barrier within 180 calendar days from the date of this letter.
• This tank(s) does not have a method of monitoring for leaks between the tank bottom and the impermeable barrier - [Section 614.11]. This tank(s) must be capable of monitoring for leaks. Within 30 calendar days from the date of this letter correct the tank installation to allow for the monitoring of leaks.

If any of the foregoing required corrective actions is not able to be completed within the time periods specified, the tanks(s) must be taken out of service in accordance with 613.9(a) until the above violations are corrected.

AST('s ) Tank #(s)_______________

Secondary containment system for aboveground tanks - (10,000 gallons or more) [Subparagraph 613.3(c)(6)(i)]

This tank(s) does not have an appropriate secondary containment system. A secondary containment system must be installed around any aboveground petroleum storage tank which has a capacity of ten thousand (10,000) gallons or more. The secondary containment system must be constructed so that spills of petroleum and chemical components of petroleum will not permeate, drain, infiltrate or otherwise escape to the ground waters or surface waters before cleanup occurs. The secondary containment system may consist of a combination of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks and other equipment capable of containing the product stored. Construction of diking and the storage capacity of the diked area must be in accordance with NFPA No. 30, section 2-2.3.3 (1984 version).

Within 30 calendar days from the date of this letter submit a plan to install the required secondary containment and submit documentation thereof to this office within 90 calendar days from the date of this letter.

PBS Registration Certificate - Display - [Subdivision 612.2(e)]

The registration certificate is not displayed. The operator must display a registration certificate which is current and valid on the premises of the facility at all times. Within 30 calendar days from the date of this letter submit a photograph showing the displayed certificate.

PBS Registration Certificate - Accuracy of information - [Section 612.2]

The registration information is not current and valid. Enclosed is a PBS application form that you may use to correctly inform the Department of the status of your facility and/or the status of any particular tank. Return the completed form within 30 calendar days from the date of this letter.

Monitoring Wells - [Paragraphs 613.3(b)(4) and 614.5(d)]

There are monitoring wells at this facility that are not permanently marked and identified. Monitoring wells must be permanently marked and identified as a "monitoring well." The wells must be sealed or capped to prevent accidental delivery of product and preclude liquid from entering the well from the surface. In addition, we recommend that all monitoring wells be locked closed. Within 30 calendar days from the date of this letter submit a photograph showing that the wells have been permanently marked and identified.

Tank #(s)_______________

Permanently out-of-service tanks - [Subdivision 613.9(b)]

This tank(s) is no longer in service but has not been permanently closed. This tank(s) must be closed in accordance with the subdivision stated. Within 30 calendar days from the date of this letter submit a plan indicating that this tank will be closed in accordance with 613.9(b) or brought into compliance with all requirements of Parts 612 and 613 of the PBS regulations within 60 calendar days from the date of this letter.

Tank #(s)________________

Temporarily out-of-service tanks - [Subdivision 613.9(a)]

This tank(s) is currently not in service, but has not been closed according to the above referenced subdivision. This tank(s) must be closed in accordance with subdivision 613.9(a) within 30 calendar days from the date of this letter. This tank(s) is still subject to all the requirements of the PBS regulations, including periodic testing, inspection, registration and reporting requirements.

Tank #(s)________________

Unreported Spills - [Section 613.8]

The inspection revealed evidence of an unreported petroleum spill. Any person with knowledge of a spill, leak or discharge of petroleum must report the incident to the Department within two (2) hours of discovery. The results of any inventory record, test or inspection which shows a facility is leaking must be reported to the Department within two (2) hours of the discovery. Notification must be made by calling the telephone hotline 1-800-457-7362.

Tank #(s)________________

Reporting of spills and discharges - [Section 613.8]

This tank(s) has an accumulation of oily liquid material in the top sump and/or fill port catch basin. This is considered a spill under the PBS regulations and a discharge of petroleum under Article 12 of the Navigation Law. Any person with knowledge of a spill, leak or discharge of petroleum must report the incident to the Department within two (2) hours of discovery. The results of any inventory record, test or inspection which shows a facility is leaking must be reported to the Department within two (2) hours of the discovery. Notification must be made by calling the telephone hotline 1-800-457-7362. This discharge must be cleaned up in a manner approved by the Department and remedial measures must be promptly taken to eliminate the deficiency that caused it.

Tank #(s)________________

Maintenance of spill prevention equipment - sumps and fill port catch basins - [Subdivision 613.3(d)]

The top sump(s) and/or fill port catch basin(s) associated with the above referenced tank(s) is not being maintained properly, allowing liquids to accumulate. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter, empty and clean the top sumps and/or catch basins and submit a photograph documenting the same.

Tank #(s)_______________

Color coding of fill ports - [Subdivision 613.3(b)]

The fill port(s) for this tank(s) is not properly color coded. All fill ports must be permanently marked to identify the product inside the tank in accordance with subdivision 613.3(b). Where the regulations do not specify a color code for a particular product, the fill port must be labeled or otherwise marked to identify the product inside the tank. Within 30 calendar days from the date of this letter submit a photograph showing that the fill ports have been properly color coded, labeled or marked.

Tank #(s)_______________

Shutoff valves for remote pumping units at motor fuel dispensers - [Paragraph 613.3(c)(1)]

The dispenser(s) associated with the above referenced tank(s) is not equipped with a shear valve (impact valve) or, if such a valve is present, it is not installed properly. All dispensers of motor fuel under pressure from a remote pumping system must be equipped with a shear valve which is located in the supply line at the inlet of the dispenser. This valve must be designed to close automatically in the event the dispenser is accidentally dislodged from the inlet pipe. Within 30 calendar days from the date of this letter submit documentation that this valve has been installed.

Tank #(s)_______________

Maintenance of spill prevention equipment - shutoff valves for remote pumping units at motor fuel dispensers - [Subdivision 613.3(d)]

The poor condition and/or non-working condition of the shutoff valves that provide spill prevention for this tank(s) indicates that the valve is not being properly maintained. The owner or operator must keep all equipment for spill prevention (gauges, valves and other equipment) in good working order. Within 30 calendar days from the date of this letter submit documentation that this valve has been repaired or replaced.

UST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - New underground tank leak detection - [Subdivision 613.3(d)]

This leak detection equipment is not being properly maintained. This is indicated either by the poor condition of this equipment or the non-working condition of this equipment. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Submit documentation that the system has been repaired and the last four monitoring reports within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Monitoring Records for Leak Detection - [Paragraph 613.5(b)(4)]

Weekly monitoring records for the above referenced tank(s) are not being maintained on the premises. These records must be maintained at the facility property for at least one (1) year. Submit the last four weekly monitoring reports within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Leak Detection - No interstitial monitoring [Subdivision 614.5 (b)]

This tank is double walled and therefore the interstitial space must be monitored weekly for leakage by either electronic or manual methods. Submit the last four weekly monitoring reports within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Monitoring of cathodic protection systems - cathodically protected steel tanks and piping [Subdivision 613.5(b)]

The cathodic protection on this tank(s) and associated piping system has not been monitored annually to ensure that the tank is protected from corrosion as required by 613.5(b)(2). Submit the most recent annual monitoring report within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Monitoring of cathodic protection systems - cathodically protected steel tanks [Subdivision 613.5(b)]

The cathodic protection on this tank(s) has not been monitored annually to ensure that the tank is protected from corrosion as required by paragraph 613.5(b)(2). Submit the most recent annual monitoring report within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Monitoring of cathodic protection systems - cathodically protected steel piping [Subdivision 613.5(b)]

The cathodic protection on the piping system(s) associated with this tank(s) has not been monitored annually to ensure that the piping is protected from corrosion as required by paragraph 613.5(b)(2). Submit the most recent annual monitoring report within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Monitoring Records for Cathodic Protection - [Paragraph 613.5(b)(4)]

Monitoring records for the above tank(s) and/or piping system are not being maintained on the premises. These records must be maintained on the facility premises for at least one (1) year. Submit the most recent annual monitoring report within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - cathodic protection systems - steel tanks and piping - [Subdivision 613.3(d)]

The cathodic protection equipment is not being properly maintained. This is indicated either by the poor condition of the equipment or the inadequate level of protection as recorded in the monitoring records. The monitoring system and protection levels that are developed from the system must be adequate to protect against leakage. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter submit documentation that shows that the problems associated with this system have been corrected, along with a report showing the results of cathodic protection system monitoring performed after the required corrective action.

UST('s ) Tank #(s)_______________

Monitoring of cathodic protection systems [613.5(b)(2)]

The monitoring that was performed on this cathodic protection system did not have a sufficient number of measurements to determine the level of cathodic protection over the entire structure. Additional monitoring must be performed. Submit a new monitoring report within 30 calendar days from the date of this letter.

UST('s ) Tank #(s)_______________

Un-metered tanks - Inventory Records - [Paragraph 613.4(a)(2)]

No alternative leak detection has been provided for this tank(s). Since this tank(s) is un-metered or contains petroleum for consumptive use on the premises, the operator must detect inventory leakage in an alternative method. The alternative method may include an annual standpipe analysis or annual tightness test, monitoring for inventory losses in the off season or other method acceptable to the Department. Within 30 calendar days from the date of this letter this tank must be tested for tightness and the results submitted.

UST('s ) Tank #(s)_______________

Periodic tightness testing - Full System test [Section 613.5]

The entire tank was not tested. The entire tank must be tested, including the non-wetted portion of the tank. Within 30 calendar days from the date of this letter this tank must be re-tested for tightness and the results submitted.

UST('s ) Tank #(s)_______________

Periodic tightness testing - Piping system test - [Section 613.5]

The piping system associated with this tank was not tested for tightness. The entire tank system must be tested for tightness, including the associated product piping systems. Within 30 calendar days from the date of this letter the piping system must be tested for tightness and the results submitted.

AST('s ) Tank #(s)_______________

Monthly inspections - [Subdivision 613.6(a)]

The owner or operator has not inspected this facility at least monthly. An inspection must include the exterior surface of the tank and associated equipment and the monitoring of cathodic protection, leak detection and any other systems. The inspection report must identify the tanks, piping and valves to be inspected. Inspect the facility and submit the inspection record within 30 calendar days from the date of this letter.

AST('s ) Tank #(s)_______________

Inspection Reports - [Subdivision 613.6(c)]

Monthly inspection reports are not being maintained or are not sufficient. Reports for each monthly inspection must be maintained for a period of at least ten (10) years. Submit the last monthly inspection report within 30 calendar days from the date of this letter.

AST('s ) Tank #(s)_______________

Ten-year, internal inspection of tank and shell for aboveground storage tanks (ASTs) - Subdivision 613.6(b)]

The owner or operator has not performed a ten-year inspection on this tank(s). The owner or operator must perform a detailed inspection, as described in 613.6(b)(3), of any aboveground tank with a capacity of 10,000 gallons or more or smaller tanks if they could reasonably be expected to discharge petroleum to waters of the State. Within 30 calendar days from the date of this letter submit a plan to perform the required inspection and submit an inspection report within 90 calendar days from the date of this letter.

AST('s ) Tank #(s)_______________

Inspection Reports - [Paragraph 613.6(c)(1)]

Ten-year inspection reports are not being maintained or are not sufficient. Reports for each ten-year inspection must be maintained for a period of at least ten (10) years. Submit the required inspection report within 30 calendar days from the date of this letter.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - Secondary containment system for aboveground tanks - (10,000 gallons or more) - [Subdivision 613.3(d)]

The secondary containment system(s) that is associated with the above referenced tank(s) is not being properly maintained. The poor condition of the secondary containment indicates a system that will not prevent petroleum discharge from reaching the land or waters of the State. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter repair secondary containment system and submit documentation thereof to this office.

AST('s ) Tank #(s)_______________

Dike Valves - [Subparagraph 613.3(c)(6)(iii)]

The secondary containment system associated with the above tank(s) either lacks a dike valve(s) or the valves were left in the open position. Storm water which collects within the secondary containment system must be controlled by a manually operated pump or siphon, or a gravity drain pipe which has a manually controlled valve. If gravity drain pipes are used, the valves must be locked in the closed position except when actually in the process of draining clean water from the dike area. Within 30 calendar days from the date of this letter either install the required dike valve or lock the valve in the closed position and submit a photograph of the dike valve.

AST('s ) Tank #(s)_______________

Secondary containment system for aboveground tanks - (less than 10,000 gallons) [Subparagraph 613.3(c)(6)(i)]

This tank(s) does not have an appropriate secondary containment system. This tank(s) could reasonably be expected to discharge petroleum to the waters of the State. The secondary containment system must be constructed so that spills of petroleum and chemical components of petroleum will not permeate, drain, infiltrate or otherwise escape to the ground waters or surface waters before cleanup occurs. The secondary containment system may consist of a combination of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks and other equipment capable of containing the product stored. Construction of diking and the storage capacity of the diked area must be in accordance with NFPA No. 30 section 2-2.3.3 (1984 version).

In lieu of installing the needed secondary containment an alternative approach may be used. If the tank(s) is designed to prevent spills and meets the criteria in the DEC guidance document SPOTS #17, "Alternatives to Secondary Containment for Small Aboveground Petroleum Tanks", then the alternative installation will be considered in compliance with secondary containment requirements for aboveground tanks.

Within 30 calendar days from the date of this letter submit a plan to install the required secondary containment system or to implement an allowable alternative approach and submit documentation thereof to this office within 60 calendar days from the date of this letter.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - Secondary containment system for aboveground tanks - (less than 10,000 gallons) [Subdivision 613.3(d)]

The secondary containment system(s) or the equipment used in lieu of installing secondary containment associated with the above referenced tank(s) is not being properly maintained. The poor condition of the secondary containment or the equipment indicates a system that will not prevent petroleum from reaching the waters of the State. The owner or operator must keep all equipment for spill prevention (gauges, valves and other equipment) in good working order.

Within 30 calendar days from the date of this letter submit documentation that the secondary containment system or the equipment has been repaired.

AST('s ) Tank #(s)_______________

Gauges for aboveground storage tanks or equivalent device - [Paragraph 613.3(c)(3)]

This tank(s) does not have an appropriate overfill prevention system. All aboveground petroleum tanks must be equipped with a gauge which accurately shows the level of product in the tank. The gauge must be accessible to the carrier and be installed so it can be conveniently read. A high level warning alarm, a high level liquid pump cutoff controller or equivalent device may be used in lieu of the required gauge. Within 30 calendar days from the date of this letter submit documentation that the required gauge or equivalent device has been installed.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - Gauges for aboveground storage tanks or equivalent device - [Subdivision 613.3(d)]

The gauge(s) that provide overfill and spill prevention for this tank(s) is not being properly maintained. The owner or operator must keep all equipment for spill prevention (gauges, valves and other equipment) in good working order. Within 30 calendar days from the date of this letter submit documentation showing that the gauge or equivalent device has been repaired or replaced.

AST('s ) Tank #(s)_______________

Marking on aboveground storage tanks - [Subparagraph 613.3(c)(3)(ii)]

This tank(s) is not appropriately labeled. The design capacity, working capacity and identification number of the tank must be clearly marked on the tank and at the gauge. Within 30 calendar days from the date of this letter submit a photograph showing that the tank has been properly labeled.

AST('s ) Tank #(s)_______________

Shutoff valves for gravity-fed motor fuel dispensers - [Paragraph 613.3(c)(2)]

This tank(s) is not equipped with a shutoff valve. All tanks which cause a gravity head on a dispenser of motor fuel must be equipped with a device such as a solenoid valve which is positioned adjacent to and downstream from the operating valve required in paragraph 613.3(c)(5) ("Operating valves for gravity-drained tanks"). The valve must be installed and adjusted so that liquid cannot flow by gravity from the tank in case of piping or dispenser hose failure. Within 30 calendar days from the date of this letter submit documentation that the shutoff valve has been installed.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - shutoff valves for gravity-fed fuel dispensers - [Subdivision 613.3(d)]

The shutoff valve that provide spill prevention for this tank(s) is not being properly maintained. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter submit documentation that the shutoff valve has been repaired or replaced.

AST('s ) Tank #(s)_______________

Check valve in place for pump-filled AST with remote fills - [Paragraph 613.3(c)(4)]

The piping system associated with this tank(s) is not equipped with a check valve. All fill pipes leading to a pump-filled tank must be equipped with a properly functioning check valve or equivalent device which provides automatic protection against back flow when the piping arrangement at the fill pipe is such that back flow from the receiving tank is possible. Within 30 calendar days from the date of this letter submit documentation that the check valve has been installed.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - Check valve for pump-filled ASTs with remote fills - [Subdivision 613.3(d)]

The check valve(s) associated with this tank(s) is not being properly maintained. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter submit documentation that the check valve has been repaired or replaced.

AST('s ) Tank #(s)_______________

Operating valves for gravity drained tanks - [Paragraph 613.3(c)(5)]

This tank(s) is not equipped with an operating valve. Each tank connection through which petroleum can normally flow must be equipped with an operating valve to control the flow. A valve which meets the standards set forth in NFPA No. 30, section 2-2.7.1, satisfies the requirements of this paragraph. Within 30 calendar days from the date of this letter submit documentation that the operating valve has been installed.

AST('s ) Tank #(s)_______________

Maintenance of spill prevention equipment - Operating valves for gravity drained tanks - [Subdivision 613.3(d)]

The operating valve(s) that provide spill prevention for this tank(s) is not being properly maintained. The owner or operator must keep all gauges, valves and other equipment for spill prevention in good working order. Within 30 calendar days from the date of this letter submit documentation that the operating valve has been repaired or replaced.

Corrective Action and Penalties

As a result of these violations, you are subject to penalties. Pursuant to Environmental Conservation Law Section 71-1929, you may be liable for a civil penalty of up to $25,000 per day for each of the above noted violations. The violations identified in this letter require your immediate attention. Delays in correcting the violations noted above will affect the amount of penalties for which you will be liable. In addition, under Environmental Conservation Law Section 71-1933, a person may be held criminally liable if any of the foregoing violations was the result of intentional, knowing or criminally negligent conduct.

Note that the inspection may not have disclosed all violations that exist at your site. You are responsible for ensuring that the entire facility is in compliance with applicable requirements.

Except where a shorter time frame is expressly required, within 30 calendar days from the date of this notice you must submit either documentation that the violation(s) has been corrected or a plan to achieve compliance, as noted above. In accordance with any corrective action plan, you must submit documentation after compliance is achieved.

Federal Violations

In addition, during my inspection of your facility I observed violations of the Federal EPA Underground Storage Tank regulations, 40 CFR Part 280. This information will be provided to EPA Region 2. Specifically, I observed the following:

UST('s ) Tank #(s)_______________

This tank(s) was closed after 1988 and an adequate site assessment was not performed as required by 40 CFR Part 280.72.

UST('s ) Tank #(s)_______________

This tank(s) is not protected from corrosion as required by 40 CFR Part 280.20(a) or 40 CFR Part 280.21(b).

UST('s ) Tank #(s)_______________

The piping associated with this tank(s) is not protected from corrosion as required by 40 CFR Part 280.20(b) or 40 CFR Part 280.21(c).

UST('s ) Tank #(s)_______________

This tank(s) does not have an operational spill catch basin at the fillport as required by 40 CFR Part 280.20(c) or 40 CFR Part 280.21(d).

UST('s ) Tank #(s)_______________

This tank(s) does not have an operational overfill prevention system 40 CFR Part 280.20(c) or 40 CFR Part 280.21(d).

UST('s ) Tank #(s)_______________

This tank(s) does not have an acceptable method for leak detection as required by 40 CFR Part 280.41.

UST('s ) Tank #(s)_______________

The piping associated with this tank(s) does not have an acceptable method for leak detection as required by 40 CFR Part 280.41.

Enclosures:

PBS Regulations
Inspection checklist
PBS Application

[Operator]
[facility name]
[facility address]
[facility city, state, zip]