§22-17-11. Performance Standards for New Underground Storage Tanks
(a) The director shall promulgate performance standards for new underground storage tanks as provided in section six of this article. The performance standards for new underground storage tanks shall include, but not be limited to, design, construction, installation, release detection and compatibility standards. (b) New underground storage tank construction standards must include at least the […]
§22-17-12. Confidentiality
(a) Any records, reports or information obtained from any persons under this article shall be available to the public, except that upon a showing satisfactory to the director by any person that records, reports or information, or a particular part thereof, to which the director or any officer, employee, or representative thereof has access under […]
§22-17-13. Inspections, Monitoring and Testing
(a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing the provisions of this article, any owner or operator of an underground storage tank shall, upon request of the director, furnish information relating to such tanks, their associated equipment and contents, conduct […]
§22-17-1. Short Title
This article may be known and cited as the “Underground Storage Tank Act”.
§22-17-2. Declaration of Policy and Purpose
The Legislature recognizes that large quantities of petroleum and hazardous substances are stored in underground storage tanks within the State of West Virginia and that emergency situations involving these substances can and will arise which may present a hazard to human health, safety or the environment. The Legislature also recognizes that some of these substances […]
§22-17-3. Definitions
(a) “Change in status” means causing an underground storage tank to be no longer in use or a change in the reported uses, contents or ownership of an underground storage tank. (b) “Director” means the director of the West Virginia Division of Environmental Protection or such other person to whom the director has delegated authority […]
§22-17-4. Designation of Division of Environmental Protection as the State Underground Storage Tank Program Lead Agency
The Division of Environmental Protection is hereby designated as the state underground storage tank program lead agency for purposes of Subtitle I and is hereby authorized to take all actions necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this article, the director is hereby […]
§22-17-5. Powers and Duties of Director; Integration With Other Acts
(a) In addition to all other powers and duties prescribed in this article or otherwise by law, and unless otherwise specifically set forth in this article, the director shall perform any and all acts necessary to carry out the purposes and requirements of Subtitle I. (b) The director shall cooperate with and may receive and […]
§22-17-6. Promulgation of Rules and Standards by Director
(a) The director has overall responsibility for the promulgation of rules under this article. In promulgating and revising such rules the director shall comply with the provisions of chapter twenty-nine-a of this code. Such rules shall be no more stringent than the rules and regulations promulgated by the United States environmental protection agency pursuant to […]
§22-17-7. Underground Storage Tank Advisory Committee; Purpose
The underground storage tank advisory committee is continued. The committee is composed of seven members, which shall include a member of the West Virginia petroleum council, a member of the West Virginia service station dealers association, a member of the West Virginia petroleum marketers association, the director, a member of the West Virginia manufacturers association, […]