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(a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in ance with § 280.31, and any release detection in ance with subparts D and K of this part.
Complying with the financial responsibility requirements also protects you, as an owner or operator of USTs. If your UST leaks, you may be faced with high cleanup costs or with lawsuits brought by third parties. You will be able to pay these costs if you have met the financial responsibility requirements.
What is an UST? An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground.
The UST Program is intended to identify, correct, and support the California UST owners that fail to comply with these laws and regulations. The program is overseen by the California State Water Resources Control Board (SWRCB) and enforced through local CUPAs and/or PAs as part of the Unified Program.
Subpart H of the federal underground storage tank (UST) regulations requires UST owners and operators to demonstrate financial responsibility (FR) -- the ability to pay for cleanup or third-party liability compensation that results from a release from an UST.
State agencies are primarily responsible for ensuring compliance with all aspects of the UST regulations, including FR. State inspectors are generally technical experts with little experience in financial or legal matters.
The New Hampshire rule (AST Rules), require that an owner of a regulated AST facility register all ASTs with DES. A regulated AST facility is one that has single petroleum AST with a capacity of more than 660-gallons, or two or more petroleum ASTs having a combined storage capacity of more than 1,320-gallons.