Introduction | p. 3 |
Underground Storage Tank Closure | |
Tank Closure, Step-By-Step | p. 5 |
Sequence of Events | p. 7 |
The Law | p. 11 |
Laws and Regulations: Introduction | p. 13 |
Federal Laws | p. 15 |
State Regulation | p. 25 |
Local Regulation | p. 25 |
Tank Closure: Strategies and Procedures | p. 27 |
Introduction | p. 29 |
Abandonment or Removal? | p. 29 |
Standard Procedures and Common Practices | p. 30 |
Tank Disposal | p. 42 |
Waste Disposal | p. 45 |
Site Assessment | p. 53 |
Introduction | p. 55 |
Records Review | p. 56 |
Visual Inspection | p. 57 |
Sample Collection and Analysis | p. 57 |
Factors Affecting Sampling Results | p. 68 |
How Clean is Clean? | p. 70 |
Equipment Decontamination | p. 71 |
Field Screening Methods | p. 72 |
Contracting UST Disposal Services | p. 89 |
Contacting Options | p. 91 |
Obtaining Service | p. 92 |
Health and Safety | p. 99 |
General Guidelines | p. 101 |
Site Hazards | p. 101 |
29 CFR 1910: OSHA Health and Safety Requirements | p. 105 |
Underground Storage Tank Financial Responsibility | |
UST Financial Responsibility: A Fact of Life in the 1990s | p. 111 |
Introduction | p. 113 |
Background of UST Financial Responsibility Requirements | p. 117 |
Evoltition and Summary of EPA's UST Financial Responsibility Program | p. 119 |
Compliance Problems in the Regulated Community | p. 126 |
Summary | p. 134 |
Notes | p. 137 |
EPA'S UST Financial Responsibility Regulations | p. 139 |
Introduction | p. 141 |
Applicability (40 CFR 280.90) | p. 143 |
Compliance Dates (40 CFR 280.91) | p. 145 |
Definition of Terms (40 CFR 280.92) | p. 145 |
Amount and Scope of Acquired Financial Responsibility (40 CFR 280.93) | p. 145 |
Allowable Mechanisms and Combinations of Mechanisms (40 CFR 280.94 to 280.102) | p. 146 |
Standby Trust Fund (40 CFR 280.103) | p. 156 |
Substitution of Financial Assurance Mechanisms by Owner or Operator (40 CFR 280.104) | p. 156 |
Cancellation or Nonrenewal by a Provider of Financial Assurance (40 CFR 280.105) | p. 157 |
Reporting by Owner or Operator (40 CFR 280.106) | p. 157 |
Record Keeping (40 CFR 280.107) | p. 158 |
Drawing on Financial Assurance Mechanisms (40 CFR 280.108) | p. 158 |
Release from the Requirements (40 CFR 280.109) | p. 159 |
Bankruptcy or other Incapacity of Owner or Operator or Provider of Financial Assurance (40 CFR 280.110) | p. 159 |
Replenishment of Guarantees, Letters of Credit, or Surety Bonds (40 CFR 280.111) | p. 160 |
Suspension of Enforcement (40 CFR 280.112) | p. 160 |
Conclusion | p. 160 |
Appendix: Federal Regulations for the Leaking Underground Storage Tank Trust Fund, Release Reporting, and Corrective Action | p. 165 |
The Use of Insurance as a Financial Responsibility Mechanism | p. 173 |
Introduction | p. 175 |
History of Environmental Impairment Liability Insurance | p. 176 |
Required Features of UST Policies | p. 177 |
The Reluctance to Provide UST Insurance | p. 178 |
Relationship Between Insurance and State Programs | p. 182 |
What Does This Mean for Owners/Operators? | p. 183 |
Example of a State Reinsurance Program: Washington State | p. 185 |
Notes | p. 190 |
Appendix: Examples of UST Insurance Documentation | p. 191 |
The Use of State Funds as a Financial Responsibility Mechanism | p. 207 |
Introduction | p. 209 |
EPA Guidance for Approving State Funds | p. 210 |
Potential Problems with State Financial Assurance Funds | p. 214 |
Current Status of State Financial-Assurance Funds | p. 222 |
Conclusion | p. 229 |
LUST, Litigation, and the Common Law | p. 245 |
Introduction | p. 247 |
Negligence | p. 248 |
Nuisance | p. 252 |
Strict Liability | p. 253 |
Trespass | p. 255 |
Federal Common Law | p. 256 |
Source of Leak and Causation | p. 256 |
Damages | p. 257 |
LUST and Governmental Litigation | p. 259 |
Common Law Defense to LUST Cases | p. 260 |
Potential Plaintiff in a LUST Suit | p. 262 |
Potential Defendants in a LUST Suit | p. 262 |
What to Do When the Leak Is Discovered | p. 263 |
What Questions the Attorney Should Ask in a Leaking Storage Tank Case | p. 264 |
Guidelines in Real Estate Transactions Related to LUST Property | p. 264 |
Future Litigation | p. 267 |
Conclusion | p. 267 |
Notes | p. 268 |
Appendix A: EPA Regional UST Program Offices | p. 273 |
Appendix B: State UST Program Offices | p. 277 |
Appendix C: Industry Information Sources | p. 287 |
Index | p. 289 |
Table of Contents provided by Blackwell. All Rights Reserved. |