Short title
1. These regulations may be cited as the Heating
Oil Storage Tank System Regulations.
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Definitions
2. In these regulations
(a) "aboveground" means on or above the adjacent
surface and includes basements or other indoor locations;
(b) "Act" means the Environment Act;
(c) "administrator" means a person designated
as the administrator by the minister;
(d) "alter" means to
(i) enlarge, reduce, upgrade, repair, replace,
add, or remove any part of a system, or
(ii) change the configuration of the piping,
filter, tank, physical protection or secondary containment of a system;
(e) "certificate of registration" means a document
which confirms to an owner that the system information has been, or will
be, registered with the department by a licensed inspector;
(f) "department" means the department presided
over by the minister;
(g) "effective date" means
(i) for a new system, the date of installation,
or
(ii) for an existing system, the date determined
under subsection 6(3);
(h) "existing" means in use before the date these
regulations come into force;
(i) "heating appliance" means an appliance intended
for the supply of heat directly to a room or space or to rooms or spaces
through a heat distribution system;
(j) "heating oil" means a hydrocarbon oil, as
classified under CAN/CGSB-3.2-99, used as a fuel for a heating appliance
and includes Type I, commonly known as stove oil and Type 2, commonly
known as furnace oil, and any other oil which may be designated as heating
oil by the administrator;
(k) "licensed inspector" means a person licensed
under these regulations to inspect a system;
(l) "minister" means the minister appointed under
the Executive Council Act to administer the Act;
(m) "owner" means the person having possessory
rights to and care, control or management of the system and includes
that personís agent;
(n) "system" means a heating oil storage tank
system which includes one or more interconnected tanks and all associated
vent, fill and withdrawal piping and filters, up to where the product
lines connect to the heating appliance itself, installed in a fixed location
and includes a temporary system, and, where appropriate, includes an
existing system;
(o) "System Installation and Inspection Manual" means
a manual approved by the department containing additional specific instructions
as to the installation, operation, maintenance and inspection requirements
for systems; and
(p) "underground" means below adjacent ground
level.
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Application
3. These regulations apply to all systems
with a capacity of 2500 litres or less that are or were connected to
a heating appliance and are or were being used for the storage of heating
oil and the delivery of heating oil to a connected heating appliance.
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Prohibition
4. (1) A person shall not operate
or otherwise use a system for the storage of heating oil that does not
comply with the technical requirements prescribed in section 15.
(2) This section shall come into force on April
1, 2007.
PART I
NEW OR ALTERED SYSTEMS
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New or altered systems
5. (1) Upon the coming into force
of these regulations, the owner of a new or altered system shall register
the system.
(2) A system shall comply with these regulations
and the requirements of CSA-B139, the tank manufacturerís instructions
and the System Installation and Inspection Manual.
(3) A person shall not own, use, operate or fill,
or cause to be used, operated or filled a system which has been constructed,
installed or altered after the coming into force of these regulations
unless the system is registered in accordance with section 8.
PART II
EXISTING SYSTEMS
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Registration required
6. (1) On or before March 31, 2007, the
owner of an existing system shall register the system.
(2) A system shall comply with these regulations
and the requirements of CSA-B139, the tank manufacturerís instructions
and the System Installation and Inspection Manual.
(3) In determining the age of an existing system
for the purpose of these regulations, the administrator shall consider
(a) proof of the date of installation; or
(b) where the date of installation of the tank
cannot be determined, the date of manufacture of the tank,
but where the date of installation or manufacture of
the tank cannot be determined under paragraph (a) or (b), the system
shall be considered to be of unknown age and shall not be registered.
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Inspection required
7. (1) An existing system shall be
inspected by a licensed inspector.
(2) A licensed inspector shall give written notice
to the owner of
(a) the results of the inspection of the system
carried out under subsection (1); and
(b) a description of measures required to ensure
compliance with subsection 6(2).
(3) Any deficiencies discovered by the inspection
shall be corrected by the owner.
(4) Where a system has passed the inspection
conducted in accordance with subsection (1) or has identified deficiencies
corrected in accordance with subsection (3), a licensed inspector may
issue a certificate of registration for and apply a registration label
to that system in accordance with section 8.
PART III
REGISTRATION AND INSPECTION OF SYSTEMS
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Registration
8. (1) The administrator may issue
or cause to be issued to an owner
(a) a certificate of registration, which shall
include a registration number for each heating oil storage tank used
in the system; and
(b) a registration label, or other means of identification
which shall be affixed to the system in a manner acceptable to the administrator.
(2) The certificate of registration and the registration
label may be provided to the owner by a licensed inspector.
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Continued compliance
9. (1) A registered system shall
be inspected by a licensed inspector
(a) during or before the fifth year of operation
of the system; and
(b) every five years after that
to ensure continued compliance with these regulations,
the requirements of CSA-B139, the tank manufacturerís instructions and
the System Installation and Inspection Manual.
(2) An inspection under section 7 satisfies the
requirement of paragraph (1)(a).
(3) Deficiencies identified during an inspection
conducted according to this section shall be corrected within 30 days
or the registration of the system shall be revoked by the administrator.
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Registration records
10. (1) A licensed inspector shall
maintain an electronic record, in the manner and form prescribed by the
administrator, of all registration and inspection information of a system.
(2) The electronic record referred to in subsection
(1) shall
(a) contain
(i) a description of the location of each system,
(ii) the systemís registration information,
(iii) the licensed inspectorís confirmation that
the system complies with these regulations and the requirements of CSA-B139,
the tank manufacturerís instructions and the System Installation and
Inspection Manual, and
(iv) any other information that may be required
by the administrator; and
(b) be made available to the administrator upon
request.
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Construction and installation
11. (1) A system shall be constructed
and installed according to the requirements prescribed in these regulations
and in accordance with the requirements of CSA-B139, the tank manufacturerís
instructions and the System Installation and Inspection Manual.
(2) A licensed inspector shall inspect the installed
system.
(3) The licensed inspector shall give written
notice to the owner of
(a) the results of the inspection of the system
carried out under subsection (2); and
(b) a description of measures required to ensure
compliance with subsection (1).
(4) Any deficiencies discovered by the inspection
shall be corrected by the owner.
(5) Where a system has passed the inspection
conducted in accordance with subsection (2) or has had identified deficiencies
corrected in accordance with subsection (4), a licensed inspector may
issue a certificate of registration for, and apply a registration label
to the system in accordance with section 8.
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Alteration of system
12. (1) Any alterations to a system
shall be in accordance with the requirements prescribed in these regulations
and in keeping with the requirements of CSA-B139, the tank manufacturerís
instructions and the System Installation and Inspection Manual.
(2) Reasonable precautions shall be taken to
prevent and contain spillage of heating oil during alterations.
(3) A licensed inspector shall inspect the altered
system.
(4) A licensed inspector shall give written notice
to the owner of
(a) the results of the inspection of the altered
system carried out under subsection (3); and
(b) a description of measures required to ensure
compliance with subsection (1).
(5) Any deficiencies discovered by the inspection
shall be corrected by the owner.
(6) Where a system has passed the inspection
conducted in accordance with subsection (3) or has had identified deficiencies
corrected in accordance with subsection (5), a licensed inspector may
issue a certificate of registration for, and apply a registration label
to, the system in accordance with section 8.
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Delivery prohibited
13. (1) A person shall not deliver
or otherwise place heating oil into a system
(a) where there is reason to believe that the
registration label
(i) has been altered,
(ii) does not belong to that system, or
(iii) has not been issued in accordance with
these regulations; and
(b) after April 1, 2007
(i) which does not comply with these regulations
and the requirements of CSA-B139, the tank manufacturerís instructions
and the System Installation and Inspection Manual, and
(ii) where a valid registration label is not
permanently affixed to that system indicating that the registration of
the system is current and has not expired.
(2) A heating oil delivery person, or any other
person who identifies registration label deficiencies under subsection
(1) shall report those deficiencies immediately to the owner and to the
administrator.
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Revocation of registration
14. (1) Where, in the opinion of
the administrator, a new, altered or existing system does not comply
with these regulations, the requirements of CSA-B139, the tank manufacturerís
instructions and the System Installation and Inspection Manual, the administrator
may
(a) revoke the certificate of registration; and
(b) direct the removal of the registration label.
(2) A revocation under subsection (1) is effective
upon written notice being given to the owner by
(a) personal service; or
(b) registered or certified mail to the last
known address of the owner.
(3) A notice mailed under subsection (2) shall
be considered to be served on the owner
(a) on the date the owner actually receives the
notice; or
(b) 5 days after the date of mailing
whichever is earlier.
PART IV
TECHNICAL REQUIREMENTS
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Technical requirements
15. (1) An aboveground mild steel
tank shall only be used for the following maximum periods, which shall
commence at the effective date determined under paragraph 2(g) or subsection
6(3), before being removed:
(a) for single wall tanks located outside
(i) end or top outlet, 14 gauge - 10 years,
(ii) end or top outlet, 12 gauge - 15 years,
(iii) bottom outlet, 14 gauge - 15 years, or
(iv) bottom outlet, 12 gauge - 20 years; or
(b) for single wall tanks located inside a structure
or building which includes a foundation and protects the tank from the
elements to the satisfaction of the administrator,
(i) end or top outlet, 14 gauge - 15 years,
(ii) end or top outlet, 12 gauge - 20 years,
(iii) bottom outlet, 14 gauge- 20 years, or
(iv) bottom outlet, 12 gauge - 25 years.
(2) Notwithstanding subsection (1), an aboveground
tank that is constructed with secondary containment that provides an
interstice that is monitored and
(a) where the tank is located outside and the
secondary containment precludes the ingress of precipitation; or
(b) where the tank is located inside a structure
or building which includes a foundation and protects the tank from the
elements to the satisfaction of the administrator,
that tank is not subject to the maximum periods prescribed
in that subsection.
(3) Where an aboveground tank is constructed
of materials other than mild steel it shall be used only for the maximum
period set by the administrator.
(4) The maximum period referred to in subsection
(3) shall not exceed 50 years.
(5) Underground heating oil storage tank systems
shall be
(a) constructed with secondary containment of
both the tank and all piping or tubing that provides an interstice that
is monitored; and
(b) installed and maintained in a manner so that
the system may be readily removed if necessary according to subsection
18(5).
(6) A system shall have physical protection for
the tank and associated appurtenances including valves, gauges, piping
or tubing.
(7) A system may be subject to other requirements
that the administrator may consider necessary.
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Removal required
16. & #9;(1) An existing system may remain
in service if it has been registered.
(2) An existing system which has not been registered
shall be removed from service in accordance with subsection (3) on or
before March 31, 2007.
(3) The owner of a system which has been disconnected
from its associated heating appliance shall, within 30 days
(a) empty the system of all liquid;
(b) where the system is
(i) underground, the tank top shall be accessed
and opened, any sludge and heating oil remaining in the tank shall be
removed and the system shall then be dismantled, removed from the ground
and disposed of, or
(ii) aboveground, the tank shall be opened, any
sludge and heating oil remaining in the tank shall be removed and the
system shall then be dismantled and disposed of;
(c) where underground piping is involved, the
piping shall be removed from the ground, or emptied of heating oil and
the ends shall be permanently sealed by capping; and
(d) clean the affected area and restore the environment
to the satisfaction of the department.
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Variance
17. (1) The administrator may, subject
to the terms and conditions he or she considers appropriate, vary the
requirements of section 15 where new technology, materials, systems,
equipment, methods or procedures have become available which provide
a level of environmental protection that meets or exceeds that provided
by that section.
(2) The administrator may vary the time period
for compliance with subsections 5(3) and 9(3) and paragraphs 13(1)(b),
16(3)(b), (c) and (d), and 18(5)(b) and (c) where
(a) geographic or climatic factors make compliance
within the prescribed time frame impossible; and
(b) the nature of the defect or problem is not
substantive.
(3) A request to dispose of a system in place
shall only be considered if there are extenuating circumstances which
would make the removal of the system difficult.
PART V
LEAKAGE AND INSURANCE
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Leakage
18. (1) An owner who has reason to
believe that heating oil has leaked or is, or may be leaking from that
ownerís system or that water is intruding or has intruded into that ownerís
system shall immediately inform the department.
(2) Where any other person has reason to believe
that heating oil has leaked or is, or may be leaking from a system, or
that water is intruding or has intruded into a system, that person shall
immediately attempt to inform the department and the owner.
(3) The owner of a system which has leaked or
is or may be leaking or into which water is intruding or has intruded
shall immediately inform that ownerís heating oil delivery service company
of the situation.
(4) A heating oil delivery service company who
has been informed that heating oil has leaked or is or may be leaking
or that water is or may be intruding into a system shall not deliver
heating oil to that system until the systemís integrity has been verified
or until the system has been repaired or replaced as necessary to the
satisfaction of the administrator.
(5) Where leakage is occurring from or water
is intruding into a system the owner shall
(a) immediately take those steps which are necessary
to abate the discharge or intrusion and empty the system of all liquid;
(b) within a period of 10 days
(i) where the system is underground, the tank
top shall be accessed and opened, any sludge and heating oil remaining
in the tank shall be removed and the system shall then be dismantled,
removed from the ground and disposed of,
(ii) where the system is aboveground, the tank
shall be opened, any sludge and heating oil remaining in the tank shall
be removed and the system shall then be dismantled and disposed of,
(iii) where underground piping is involved, the
piping shall be removed from the ground, or emptied of heating oil and
the ends shall be permanently sealed by capping; and
(c) within a period of 30 days, clean the affected
area and restore the environment to the satisfaction of the department.
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Insurance
19. (1) As of January 1, 2003 all
heating oil delivery service companies shall
(a) have and maintain third party environmental
liability insurance of a minimum value of $2,000,000 per occurrence to
cover costs of a spill during delivery; or
(b) provide a written guarantee of financial
responsibility acceptable to the administrator.
(2) Where a company maintains insurance under
paragraph (1)(a), it shall
(a) submit a certificate of insurance coverage
to the administrator; and
(b) submit proof to the administrator that the
required insurance contains a statement that insurance coverage may not
be cancelled except upon 30 days prior written notice to the administrator.
(3) Where a company provides a written guarantee
under paragraph (1)(b) it shall provide a minimum of 30 days notice in
writing to the administrator of the companyís intention to change, alter,
cancel or otherwise cause to lapse or expire, the guarantee of financial
responsibility required under that paragraph.
(4) Where a heating oil delivery service company
fails to have or maintain the insurance coverage or guarantee of financial
responsibility required in subsection (1), the company shall cease all
deliveries of heating oil on January 1, 2003 or as of the day following
the last day of insurance coverage or guarantee of financial responsibility.
PART VI
LICENSURE OF INSPECTORS
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Licensure
20. (1) A person shall not carry out an
inspection for the purpose of registering or maintaining the registration
of a system unless that person holds a valid inspectorís licence.
(2) An applicant for an inspectorís licence shall
(a) complete and submit an application in the
form and in the manner acceptable to the administrator;
(b) hold the certification required by the administrator;
(c) complete any additional training and examination
programs designated by the administrator to the satisfaction of the administrator;
(d) submit a certificate of insurance coverage
to be valid during the entire period of the licence for the inspectorís
liability for bodily injury and property damage, including damages arising
from a contaminant being introduced into the environment in a sudden,
unintended or unexpected occurrence, during the period of insurance with
not less than $2,000,000 coverage per occurrence; and
(e) submit proof that the insurance required
under paragraph (d) contains a statement that insurance coverage may
not be cancelled except upon 30 days prior written notice to the administrator.
(3) The administrator may issue a licence to
an inspector and may attach those terms and conditions to that licence
that he or she considers necessary.
(4) A licensed inspector shall
(a) comply with the terms and conditions of his
or her licence;
(b) recommend only necessary repairs to, or replacement
of, a system; and
(c) comply with these regulations.
(5) A licence issued under this section shall
expire
(a) 12 months following the date of issue of
the licence, or
(b) at the end of the period for which there
is insurance coverage as required under paragraph (2)(d)
whichever is less.
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Investigation
21. The administrator may conduct those
investigations into the operations of a licensed inspector that he or
she considers necessary.
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Suspension or revocation of licensure
22. (1) The administrator may suspend
or revoke the licence of an inspector where he or she believes that the
inspector has
(a) failed to comply with the terms and conditions
of his or her licence;
(b) acted improperly in recommending unnecessary
repairs or replacement of a system; or
(c) contravened these regulations.
(2) Where the insurance required under section
20 ceases to be in effect, the administrator shall revoke the licence
of the inspector.
(3) Notice of suspension or revocation of a licence
under this section may be given
(a) by personal service; or
(b) by registered or certified mail to the last
known address of the inspector shown in the records of the administrator.
(4) A notice mailed under subsection (3) shall
be considered to have been served on the inspector
(a) on the date the inspector actually receives
the notice; or
(b) 5 days after the date of mailing
whichever is earlier.
(5) Where the administrator suspends or revokes
the licence of an inspector, the administrator shall, within 30 days,
provide written notice of that suspension or revocation to the insurance
company which provided the insurance under section 20.
(6) An inspector whose licence has been suspended
or revoked by the administrator under this section may, in writing, within
30 days of being served the notice of that suspension or revocation under
subsection (4), appeal that decision to the minister and the minister
may confirm, vary or rescind that suspension or revocation.
(7) An appeal to the minister under subsection
(6) does not affect the decision of the administrator, which shall remain
in effect until the decision of the minister.
(8) A notice of a decision of the minister under
subsection (6) shall be given in the manner described in subsections
(3) and (4).
(9) A decision of the minister under subsection
(6) may, within 30 days of service upon the inspector who appealed the
decision of the administrator, be appealed to a judge of the Trial Division
and that appeal does not affect the decision of the minister, which shall
remain in effect until the decision of a judge of the Trial Division.
PART VII
GENERAL
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Fees and forms
23. The administrator may set fees and
prescribe forms necessary for the administration of these regulations.
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Commencement
24. Except as otherwise noted, these regulations
shall come into force on April 1, 2002.
©Earl G. Tucker, Queen’s Printer