Storage and Handling of Petroleum Products and Allied Products Regulation

Storage and Handling of Petroleum Products and Allied Products Regulation, M.R. 188/2001 The Dangerous Goods Handling and Transportation Act , C.C.S.M. c. D12 Regulation 188/2001 Registered December 17, 2001 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION, APPLICATION AND DESIGNATION 1 Definitions and interpretation 2 Incorporation by reference of Code of Practice 3 Partial application of regulation to aboveground systems of less than 5000 L capacity 4 Products designated 4.1 Technical bulletins PART 2 GENERAL PROVISIONS 5 General prohibition re storage 6 General prohibition re delivery 7 General prohibition re tank vehicles 8 Product transfers 9 Containment dikes and other protection 10 Administrative assistance PART 3 Repealed 11 Repealed PART 4 PERMITS FOR CONSTRUCTION AND ALTERATION 12 Prohibition 13 Application 14 Grounds for refusal of permit 15 Permit conditions 16 Variation of standards 17 Expiration of permit 18 Refusal, suspension and cancellation of permits 19 Cancellation on request 20 Work to be done by licensed petroleum technician 21 Prohibition: no work before permit issued 22 Notice of commencement 23 No permit required in emergency 24 Work completion certificate PART 5 PERMITS FOR OPERATION 25 Prohibition 26 Application 27 Grounds for refusal of operating permit 28 Conditions of operating permit 29 Refusal, suspension and cancellation of operating permits 30 Reasons for decision 31 Changes to operating permit PART 6 INVENTORY AND RECORD-KEEPING 32 Inventory records 33 Variation of inventory recording requirements 34 Inter-connected storage tanks 35 Repealed PART 7 SPILLAGES AND LEAKAGES 36 Prohibition: spillages and leakages 37 Prohibition: dumping and discarding 38 Notification of leakage during test 39 Further action re storage tank system 40 Further action re storage tank system 41 Action where possible leakage PART 8 TRANSFER OF PERMITS OR REAL PROPERTY 42 Transfer of real property 43 Action before transfer of real property 44 Additional requirements: transfer of operating permit PART 9 OUT-OF-SERVICE STORAGE TANK SYSTEMS 45 Storage tank systems not used for 30 days 46 Storage tank systems not used for 180 days 47 Storage tank systems not used for one year 48 Extension of time 49 Exemption for seasonal and stand-by storage tanks 50 Removal of storage tank systems PART 10 LICENSED PETROLEUM TECHNICIANS 51 Repealed 52 Petroleum Technician's Licence 53 Application 54 Issuance or refusal of Petroleum Technician's Licence 55 Conditions of Petroleum Technician's Licence 56 Expiration of Petroleum Technician's Licence 57 Renewal of Petroleum Technician's Licence 58 Refusal, suspension and cancellation of licences 59 Reasons for decision 60 Responsibility of employers and contractors 61 Proof of financial responsibility PART 11 REQUIRED TESTS AND INSPECTIONS 62 Tests on storage tank systems 63 Oil-water separator 64 Failure of tests, monitoring, inspections or checks 65 Test results 66 Certain tests to be conducted by licensed petroleum technician 67 Tests to be performed by certified person 68 Variation of standards PART 12 UPGRADING OR REMOVAL OF STORAGE TANK SYSTEMS 69 Upgrading or removal PART 13 COMING INTO FORCE 70 Repealed 71 Coming into force Schedule PART 1 INTERPRETATION, APPLICATION AND DESIGNATION Definitions and interpretation 1(1) In this Regulation, and in all documents incorporated by reference in this Regulation, "aboveground storage tank" has the meaning given to that term in the Code of Practice; (« réservoir de stockage hors sol ») "aboveground storage tank system" has the meaning given to that term in the Code of Practice; (« système de stockage hors sol ») "Act" means The Dangerous Goods Handling and Transportation Act ; («  Loi  ») "allied petroleum product" means a product set out in the Schedule; (« produit apparenté » ou « produit apparenté au pétrole ») "alter" , in relation to a storage tank system or part of a storage tank system, means to enlarge, refurbish, upgrade or remove part or all of the storage tank system; (« modification ») "alteration" , in relation to a storage tank system or part of a storage tank system, means the enlargement, refurbishing, upgrading or removal of part or all of the storage tank system; (« modification ») "API" means the American Petroleum Institute; (« API ») "authority having jurisdiction" means the director; (« autorité compétente ») "biodiesel" , "biofuel" and "blended biofuel" have the meanings given to those terms in The Biofuels Act ; (« biocarburant », « biocarburant mélangé » et « biodiesel ») "cathodic protection" has the meaning given to that term in the Code of Practice; (« protection cathodique ») "CCME" means the Canadian Council of Ministers of the Environment; (« CCME ») "Code of Practice" means the Environmental Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products , published by the Canadian Council of Ministers of the Environment, 2003, Reference Number 1326; («  Code de recommandations techniques  ») "construction" includes erection and installation; (« construction ») "flash point" has the meaning given to that term in the Code of Practice for Underground Storage Tank Systems; (« point d'éclair ») "grade level storage tank system" means an aboveground storage tank system where (a) any portion of a vertical storage tank rests directly on the ground, or (b) underground piping is employed to convey petroleum products to a dispensing location; (« système de stockage au niveau du sol ») "inter-connected" means installations having multiple tanks containing the same product which may be connected together by way of siphon piping to allow dispensing to take place simultaneously from those tanks; (« interrelié ») "leak detection" means a device or method that is capable of detecting leaks in a storage tank system; (« détection de fuite ») "licensed petroleum technician" means a person licensed under section 51 or 54 of this regulation to construct, alter, or test a storage tank system; (« technicien pétrolier autorisé ») "NACE" means the National Association of Corrosion Engineers International; (« NACE ») "operator" has the meaning given to that term in the Code of Practice; (« exploitant ») "owner" , in relation to a storage tank system, means the person, corporation, partnership, limited partnership, cooperative or other entity who or that has legal ownership rights to the storage tank system, and includes the personal representative or trustee in bankruptcy of the owner and a receiver or a receiver and manager appointed in relation to the storage tank system, and, in the absence of proof to the contrary, the owner of the land on or in which a storage tank system is located is deemed to be the owner of the storage tank system; (« propriétaire ») "partially buried tank" has the meaning given to that term in the Code of Practice for Underground Storage Tank Systems; (« réservoir partiellement enfoui ») "petroleum product" has the meaning given to that term in the Code of Practice; (« produit pétrolier ») "piping" has the meaning given to that term in the Code of Practice; (« tuyauterie » ou « tuyaux ») "precision leak test" has the meaning given to that term in the Code of Practice; (« essai de détection de précision ») "product transfer area" means the area around the connection point between a delivery truck, railcar or vessel and a storage tank system with a capacity of 5 000 litres or more; (« aire de transfert ») "secondary containment" has the meaning given to that term in the Code of Practice; (« enceinte de confinement secondaire ») "sludge" has the meaning given to that word in the Code of Practice; (« boues ») "storage tank" , in relation to an underground storage tank system or an aboveground storage tank system with a capacity of more than 230 litres, means a closed container that is used or designed to be used for the storage of petroleum products or allied petroleum products in a fixed location; (« réservoir de stockage ») "storage tank system" has the meaning given to that term in the Code of Practice; (« système de stockage ») "tank bottom water" has the meaning given to that term in the Code of Practice; (« eau de fond ») "tank vehicle" means any vehicle, whether or not capable of self-propulsion, that is designed or used for the transportation of petroleum products or allied petroleum products, other than a petroleum product that is fuel that is used solely in the operation of the vehicle; (« véhicule-citerne ») "total capacity" means the combined capacity of inter-connected storage tanks that are constructed, connected or located so that petroleum products or allied petroleum products may flow between the tanks by way of piping or similar connections without being pumped or otherwise forced by artificial means; (« capacité totale ») "transfer" , in relation to real property, includes lease; (« transfert ») "underground storage tank" has the meaning given to that term in the Code of Practice; (« réservoir de stockage souterrain ») "underground storage tank system" has the meaning given to that term in the Code of Practice; (« système de stockage souterrain ») "used oil" has the meaning given to that term in the Code of Practice; (« huile usée ») "vent" has the meaning given to that term in the Code of Practice; (« évent ») "working day" means every day except Saturdays, Sundays, and statutory holidays. (« jour ouvrable ») "work" includes construction, alteration or testing activity performed with respect to a storage tank system; (« travaux ») 1(2) Where there is a conflict between this regulation and a document incorporated by reference in this regulation, this regulation shall take precedence. 1(3) Where in this regulation (a) a condition imposed by the director; or (b) a direction given by the director or an environment officer; is to be imposed or to be given in writing, it shall be sufficient if the document or writing setting out the condition or direction is sent or provided by fax transmission to the person on whom the condition is being imposed or to whom the direction is being given. M.R. 19/2011 Incorporation by reference of Code of Practice 2(1) Subject to this section, the following portions of the Code of Practice are adopted and form part of this regulation: (a) Part 1; (b) Part 3, except Articles 3.2.4 and 3.7.2, Clause 3.2.8(1)⁠(c) and Sentence 3.9.2(2); (c) Part 4, except Clause 4.2.9(1)⁠(c); (d) Parts 5, 6 and 7; (e) Sections 8.3 to 8.7 and 8.11; (f) Sentence 9.5.5(1). 2(2) Article 1.5.2 of the Code of Practice is amended by striking out the words " effective to December 31, 2002 ". 2(3) Part 5 of the Code of Practice is amended by adding the following after Sentence 5.4.5(1): 5.4.6 Rigid single-walled underground piping shall be designed and installed with sufficient flexibility to relieve stresses associated with ground settlement and tank movement. 5.4.7 Flexibility shall be achieved through the piping configurations constructed to the piping manufacturer's specifications. 2(4) Clause 8.3.2(1)⁠(b) of the Code of Practice is amended by adding the words " for an underground storage tank system, " at the beginning of the clause. M.R. 19/2011 Partial application of regulation to aboveground systems of less than 5000 L capacity 3 This regulation, other than sections 1, 2, 4, 5, 8, 9 and 36 to 41, does not apply to aboveground storage tank systems having a total capacity of more than 230 L but less than 5000 L. Products designated 4 Petroleum products and allied petroleum products are designated as dangerous goods for the purposes of this Regulation. Technical bulletins 4.1 The director may issue technical bulletins to provide guidance on the application and interpretation of the technical or design requirements specified in this regulation or the Code of Practice. M.R. 19/2011 PART 2 GENERAL PROVISIONS General prohibition re storage 5(1) Subject to subsection (2), no person shall store or permit the storage of a petroleum product or an allied petroleum product other than in a storage tank system and in accordance with this Regulation. 5(2) Subsection (1) does not prohibit the storage of a petroleum product or an allied petroleum product in a drum or other container or combination of containers having a total capacity of 230 L or less. General prohibition re delivery 6 No person shall deliver a petroleum product or an allied petroleum product to a storage tank system unless (a) a permit for the operation of that storage tank system has been issued under this regulation; and (b) the person making the delivery records the operating permit number of the storage tank system issued by the department and retains the record of the operating permit number in a manner acceptable to the director. M.R. /1/2003; 19/2011 General prohibition re tank vehicles 7(1) Subject to subsections (2) to (4), no person shall use a tank vehicle (a) for the storage of a petroleum product or an allied petroleum product; or (b) to dispense a petroleum product or an allied petroleum product other than to a storage tank system. 7(2) Notwithstanding subsection (1) and subject to subsections (3) and (4), a tank vehicle that meets the requirements for highway tanks for the shipment of dangerous goods by road set out in CAN/CSA Preliminary Standard B620-1998, Highway Tanks and Portable Tanks for the Transportation of Dangerous Goods , as amended, revised or replaced from time to time, may be used to store and dispense fuel at a job site in a remote location with the written approval of the director or an environment officer. 7(3) A person who wishes to use a tank vehicle to store and dispense fuel at a jobsite in a remote location shall notify the director or an environment officer prior to using the vehicle for that purpose in that place and the director or an environment officer may impose conditions in writing on the use of the vehicle for that purpose in that place. 7(4) A person who wishes to use a tank vehicle to store and dispense fuel at a jobsite in a remote location (a) shall not use the tank vehicle for that purpose in that place prior to receiving the written approval of the director or an environment officer for that use; and (b) shall comply with any written conditions imposed by the director or an environment officer under subsection (3). M.R. 19/2011 Product transfers 8(1) No person shall transfer a petroleum product or an allied petroleum product from a storage tank system to a tank vehicle, or from a tank vehicle to a storage tank system, without supervising the transfer at all times and in such a manner as to be able to immediately shut off the flow of the petroleum product or allied petroleum product during the transfer. 8(2) No person shall directly or indirectly cause or permit the overflow of a petroleum product or an allied petroleum product from a storage tank system or tank vehicle. Containment dikes and other protection 9 Where, in the opinion of the director or an environment officer, an aboveground storage tank system is situated in a location such that a release of a petroleum product or an allied petroleum product could create a risk to surface water or groundwater quality, or to public health or safety, the director or environment officer may order the owner of the system to (a) install secondary containment in respect of the system; or (b) install any other means of protection referred to in the Code of Practice, in respect of the system. M.R. 19/2011 Administrative assistance 10(1) The minister may appoint a not-for-profit corporation, a special operating agency designated under The Special Operating Agencies Act , or any other not-for-profit organization, concerned with the construction and operation of storage tank systems to provide assistance in the administration of this regulation. 10(2) An appointment under subsection (1) shall specify the types of assistance to be provided by the corporation, agency or organization and may be made subject to any terms or conditions the minister considers appropriate. 10(3) An appointment under subsection (1) may authorize the corporation, agency or organization to receive, on the director's behalf, documents or records specified in the appointment, which are required to be provided to the director under this regulation, and in that event a person who is required to provide such documents or records shall submit the documents or records to the corporation, agency or organization rather than to the director. M.R. 115/2025 PART 3 11 [Repealed] M.R. 19/2011 ; 98/2018 PART 4 PERMITS FOR CONSTRUCTION AND ALTERATION Prohibition 12 Subject to section 23, no person shall construct or alter or permit the construction or alteration of any portion of a storage tank system except under the authority of a permit issued by the director to a licensed petroleum technician under this Part. Application 13 An application for a permit to construct or alter a storage tank system shall be made by a licensed petroleum technician on behalf of the owner of the storage tank system, and shall (a) be made in a form approved by the director; (b) be accompanied by a site sensitivity report in a form approved by the director; (c) contain or be accompanied by such additional information as may be required by the director; and (d) be accompanied by the fee required by the regulations. Grounds for refusal of permit 14 On making an application in accordance with section 13, a licensed petroleum technician is entitled to a permit to construct or alter a storage tank system, except where (a) in the opinion of the director, the licensed petroleum technician or the owner of the storage tank system is or will be in contravention of this regulation if the permit is issued; (b) in the opinion of the director, the licensed petroleum technician has knowingly misrepresented or failed to disclose relevant information in the application; or (c) the director is of the opinion that the storage tank system will or may cause a significant adverse effect on an area of the environment if constructed or altered in accordance with the application. Permit conditions 15(1) A permit issued under this Part is subject to the following conditions: (a) the completed storage tank system, as constructed or altered conforms to the applicable standards set out in Parts 3, 4 and 5 of the Code of Practice; (b) where the permit is issued in respect of the construction of a storage tank system, that the tests required for final installation leak detection set out in Tables 3 to 7 of Part 6 of the Code of Practice are performed and the storage tank system as constructed satisfies the requirements of each of the prescribed tests before it is set into operation; (c) where the permit is issued in respect of the alteration of a storage tank system, that the tests required for final installation leak detection set out in Tables 3 to 7 of Part 6 of the Code of Practice that relate to the portions of the storage tank system being altered are performed and the storage tank system as altered satisfies the requirements of each of such tests before it is returned to operation; (c.1) where the permit is issued in respect of construction or alteration work that includes the installation or upgrading of a cathodic protection system, that the applicable testing procedures specified in the standards set out in Section 3.8 and Section 4.5 of the Code of Practice are performed and the required level of protection is achieved before the storage tank system is placed into operation; (d) where the permit is in respect of the alteration of an storage tank system, that such additional tests as may be required by the director or an environment officer shall be performed and the storage tank system as altered shall satisfy the requirements of each of such required tests before it is returned to operation; (e) where testing is required under clause (b), (c), (c.1) or (d), that the tests results are submitted to the director or an environment officer within 30 days of the completion of the testing; (f) that secondary containment is installed in respect of the storage tank system, if required by the director or an environment officer under section 9; (g) such further conditions related to groundwater protection as the director considers appropriate and specifies in the permit. 15(2) Notwithstanding subsection (1), the director may issue a permit under this Part subject to such additional conditions as the director considers appropriate. M.R. 19/2011 Variation of standards 16(1) On written application by the owner of a storage tank system, the director may vary any requirement of the Code of Practice in a permit issued under this Part. 16(1.1) The director may vary a requirement under subsection (1) if (a) he or she is satisfied that the requirement as varied is no less stringent than the original requirement set out in the Code of Practice; and (b) the details of the variation of the requirement are set out in the permit. 16(2) An application under this section for variation of a requirement shall be made by the owner of the storage tank system or by a licensed petroleum technician on behalf of the owner and shall be in a form acceptable to the director and contain or be accompanied by such additional information as may be required by the director. M.R. 19/2011 Expiration of permit 17(1) Subject to subsection (2), a permit issued under this Part expires upon the earlier of (a) the completion of the construction or alteration of the storage tank system, as the case may be; and (b) the day that is one year after the date of the permit. 17(2) On the written application of the permit holder or another licensed petroleum technician on behalf of the owner of the storage tank system, received by the director before the expiration date of the permit, the director may extend the term of a permit issued under this Part for a maximum period of one additional year from the expiry date provided for in clause (1)⁠(b). 17(3) An application under subsection (2) shall be made a form acceptable to the director and contain or be accompanied by such additional information as may be required by the director. Refusal, suspension and cancellation of permits 18 Subject to section 26 of the Act, the director may (a) refuse to issue a permit to a licensed petroleum technician under this Part on any of the grounds set out in section 14; or (b) suspend or cancel a permit issued under this Part (i) on any ground set out in section 14 that would disentitle the licensed petroleum technician from receiving the permit, or (ii) if the licensed petroleum technician or owner of the storage tank system is in breach of the Act, this regulation or a condition of the permit. Cancellation on request 19 Notwithstanding clause 18(b), the director may cancel a permit on (a) receipt of a request in writing from the permit holder or owner of the storage tank system; and (b) the surrender of the permit certificate. Work to be done by licensed petroleum technician 20 No person other than a licensed petroleum technician shall perform any construction or alteration work relating to a storage tank system, or allow the performance of any such construction or alteration work, unless (a) the work does not require the technical expertise of a licensed petroleum technician; or (b) the person performing the work is under the direct supervision of a licensed petroleum technician who is on-site at the time the work is done. Prohibition: no work before permit issued 21 Subject to section 23, no person, including a licensed petroleum technician, shall commence any construction or alteration work relating to a storage tank system, unless a permit has been issued by the director for the work. Notice of commencement 22 Subject to section 23, no person, including a licensed petroleum technician, shall commence any construction or alteration work under a permit issued under this Part without providing the director or an environment officer with at least fifteen working days written notice prior to the commencement of the work, unless the director or an environment officer waives this requirement in writing. No permit required in emergency 23 Notwithstanding sections 12, 21 and 22, where an environmental emergency exists and a licensed petroleum technician immediately notifies an environment officer of the work being commenced, a licensed petroleum technician may, without obtaining a permit under Part 4, commence any work on a storage tank system that he or she considers necessary to avert the environmental emergency or mitigate its effects. Work completion certificate 24(1) Upon completion of any construction or alteration in relation to a storage tank system, the licensed petroleum technician who performed the work must (a) complete a work completion certificate in a form approved by the director, that includes all applicable test results required under Part 11 of this regulation; (b) provide an as-built drawing; and (c) provide a copy of the work completion certificate and as-built drawing in accordance with subsection (2) to (i) the director or an environment officer, and (ii) the owner or operator of the storage tank system. 24(2) The licensed petroleum technician must ensure that (a) the work completion certificate, including the results of all tests performed under Part 11, is provided within 10 working days after completion of the construction or alteration; and (b) the as-built drawing is provided within 90 calendar days after the operating permit for the new or altered storage tank system is issued. M.R. 19/2011 PART 5 PERMITS FOR OPERATION Prohibition 25 No person shall operate or permit the operation of a storage tank system except under the authority of an operating permit issued under this Part by the director. M.R. 1/2003 ; 19/2011 Application 26(1) An application for an operating permit may be made by the owner of the storage tank system, and shall (a) be made in a form approved by the director; (b) be accompanied by a site sensitivity report, in a form approved by the director; and (c) be accompanied by the fee required by the regulations. 26(2) Clause (1)⁠(b) does not apply in relation to a storage tank system in respect of which a site sensitivity report, in a form approved by the director, has been submitted within the two years immediately preceding the application. Grounds for refusal of operating permit 27 On making an application in accordance with section 26, an owner of a storage tank system is entitled to a permit to operate the storage tank system, except where (a) in the opinion of the director, the owner is or will be in contravention of this regulation if the operating permit is issued; (b) in the opinion of the director, the owner has knowingly misrepresented or failed to disclose relevant information in the application; (c) the director is of the opinion that the operation of the storage tank system will or may cause a significant adverse effect on an area of the environment; (d) an order has been made under Part 12 requiring the storage tank system to be upgraded and the owner has not upgraded the storage tank system in accordance with the order; or (e) an order has been made under Part 12 requiring the storage tank system to be removed. Conditions of operating permit 28(1) Subject to subsection (2), an operating permit issued under this Part is subject to the following conditions: (a) that the tests, inspections and corrections required under Part 6 and Section 8.4 of the Code of Practice are performed at the times and in the manner under that Part; (b) cathodic protection measurements for storage tank systems equipped with impressed current corrosion protection shall be conducted as required by Clause 8.6.1(2) of the Code of Practice; (c) cathodic protection measurements for storage tank systems equipped with sacrificial anode corrosion protection shall be conducted as required by CAN/ULC-S603.1; (d) that the owner or operator of the storage tank system comply with the recordkeeping requirements of Parts 6 and 11; (e) such further conditions related to groundwater protection as the director considers appropriate and specifies in the operating permit. 28(2) Notwithstanding subsection (1), the director may issue an operating permit under this Part subject to such additional conditions as the director considers appropriate. M.R. 19/2011 Refusal, suspension and cancellation of operating permits 29(1) The director may refuse to issue an operating permit to the owner of a storage tank system under this Part on any of the grounds set out in section 27. 29(2) The director may suspend or cancel an operating permit issued under this Part (a) on any ground set out in section 27 that would disentitle the owner of the storage tank system from receiving the operating permit; or (b) if the owner of the storage tank system is in breach of the Act, this regulation or a condition of the permit. M.R. 19/2011 Reasons for decision 30 The director must provide the owner of a storage tank system with written reasons of the following decisions: (a) the refusal to issue an operating permit; (b) the suspension of an operating permit; (c) the cancellation of an operating permit. M.R. 19/2011 Changes to operating permit 31(1) Subject to subsections (3) and (4), where (a) there is a physical change in a storage tank system; or (b) there is a change in the manner of operation of a storage tank system; the owner of the storage tank system shall, within 15 days of the change, apply for a new operating permit. 31(2) Sections 26 to 30 apply with necessary modifications to an application for a new operating permit required under subsection (1). 31(3) Subsection (1) does not apply to a change of operator of a storage tank system. 31(4) Subsection (1) does not apply to a physical change in a storage tank system resulting from the alteration of the storage tank system in accordance with a permit to alter the storage tank system issued under Part 4. PART 6 INVENTORY AND RECORD-KEEPING Inventory records 32(1) The operator of an underground storage tank system, other than (a) an underground storage tank system connected to a heating appliance; or (b) a used oil collection tank; shall compile and maintain inventory records in accordance with Section 8.3 and 8.11 of the Code of Practice, including daily records in a form acceptable to an environment officer and monthly summary sheets in a form approved by the director and the owner of the storage tank system shall ensure that the operator complies with this subsection. 32(2) The operator of a grade level storage tank system, other than (a) a grade level storage tank system connected to a heating appliance; or (b) a used oil collection tank; shall compile and maintain inventory records in accordance with Section 8.3 and 8.11 of the Code of Practice, including weekly records in a form acceptable to an environment officer and monthly summary sheets in a form approved by the director and the owner of the storage tank system shall ensure that the operator complies with this subsection. M.R. 19/2011 Variation of inventory recording requirements 33(1) Notwithstanding subsections 32(1) and (2), the director may, subject to such terms and conditions as the director considers appropriate, vary the requirements of either of those subsections on the written request of the owner of a storage tank system. 33(2) A request under subsection (1) shall contain or be accompanied by a detailed written proposal setting out the alternative methods and procedures proposed by the owner of the storage tank system to ensure that the owner is able to comply with the inventory control requirements of Sentence 8.3.4(1) of the Code of Practice. M.R. 19/2011 Inter-connected storage tanks 34 In compiling and maintaining inventory control records under this Part, no person shall combine the inventory measurements of more than two inter-connected storage tanks, unless the person has received approval to do so from the director. M.R. 19/2011 35 [Repealed] M.R. 19/2011 PART 7 SPILLAGES AND LEAKAGES Prohibition: spillages and leakages 36 No person shall contaminate soil or water by causing or allowing the spillage or leakage of a petroleum product or allied petroleum product from a storage tank system or tank vehicle. Prohibition: dumping and discarding 37 No person shall cause or allow the dumping, depositing, dropping or discarding of a petroleum product or allied petroleum product in such a manner that it might contaminate water or be carried away with run-off water or surface drainage. Notification of leakage during test 38 Where a test or inspection is performed on a storage tank system and indicates leakage or an equipment malfunction, the person performing the test shall immediately notify the director or an environment officer of that occurrence. Further action re storage tank system 39 In addition to the other requirements of this Part, where a leakage is detected in a storage tank system, the owner of the system shall (a) immediately notify an environment officer; (b) immediately remove all petroleum products or allied petroleum products from the storage tank system and close off the part of the storage tank system that is leaking; (c) cause the part of the system that is leaking to be repaired or removed within 30 days of detection of the leakage or within a lesser period if so directed by an environment officer; and (d) follow any additional instructions of an environment officer or the director. Further action re storage tank system 40 In addition to the other requirements of this Part, where a leakage in a storage tank system is caused by corrosion of a storage tank system, the owner of the system shall ensure that all other storage tank systems on the same property that do not conform to the standards of Part 3 or 4 of the Code of Practice are removed, replaced or upgraded in accordance with Part 7 of the Code of Practice within 180 days of the detection of the leakage or within a lesser period if so directed by the director or an environment officer. M.R. 19/2011 Action where possible leakage 41 Where a condition is detected at or near the site of a storage tank system which indicates a possible leakage in the system, the person detecting the condition shall immediately notify the director or an environment officer, and the owner and the operator of the system. PART 8 TRANSFER OF PERMITS OR REAL PROPERTY Transfer of real property 42 A transfer of real property does not entitle the transferee to operate any storage tank system that may be located on or at that property, unless the operating permit relating to the storage tank system has been validly transferred in accordance with section 36 of the Act. Action before transfer of real property 43 Before transferring the ownership of real property on or at which there is a storage tank system to which section 45 or 46 or subsection 47(1) applies, the owner of the real property shall take such action as is required in relation to the storage tank system under Part 9, unless the transferee undertakes in writing to the director, in a form acceptable to the director, that the transferee assumes responsibility and liability for any further action required in relation to the storage tank system under Part 9. Additional requirements: transfer of operating permit 44 Where a permit to operate a storage tank system is transferred, the transferor shall, at the time of the transfer, (a) provide the transferee with the inventory records required under Part 6 for the previous two years; (b) provide the transferee with a record of the tests, inspections and corrections required under Part 11 that have been performed on the storage tank system; and (c) provide the transferee with copies of any outstanding orders issued under the Act or this regulation in respect of the system. PART 9 OUT-OF-SERVICE STORAGE TANK SYSTEMS Storage tank systems not used for 30 days 45 Subject to section 49, where a storage tank system is not used for conveying petroleum products or allied petroleum products for a period of 30 days, the owner of the system shall notify an environment officer or the director, in writing, that the system is out-of-service. Storage tank systems not used for 60 days 46 Subject to section 49, where a storage tank system is not used for conveying petroleum products or allied petroleum products for a period of 60 days, the owner of the system shall, unless otherwise authorized in writing by the director or an environment officer, remove all petroleum products or allied petroleum products from the storage tank system, including residues and vapours of the products. M.R. 19/2011 Storage tank systems not used for one year 47(1) Where a storage tank system is not used for conveying petroleum products or allied petroleum products for a period of one year, the owner of the system shall remove the storage tank system in a manner approved by the director. 47(2) Where an underground storage tank system is required to be removed under subsection (1), the director or environment officer may, where he or she considers removal to be impractical, permit the owner of the system to abandon the storage tank system in-place, subject to the abandonment being performed in accordance with Article 9.5.5(1) of the Code of Practice. M.R. 19/2001 1 Extension of time 48 The director or an environment officer may, upon receipt of a written request by the owner of the storage tank system and subject to such conditions as the director or environment officer considers appropriate, extend the period of time that a storage tank system may be out-of-service before removal or abandonment in-place under section 47 is required. Exemption for seasonal and stand-by storage tanks 49 Sections 45 and 46 do not apply to an owner or operator of a storage tank system for which an operating permit for seasonal or stand-by operation of the storage tank system has been issued. Removal of storage tank systems 50(1) No person other than a licensed petroleum technician, or a person working under the direct supervision of a licensed petroleum technician who is on-site at the time the work is done, shall perform the work of removing a storage tank system or abandoning such a system in-place. 50(2) No person shall dismantle or remove a storage tank system other than in a manner approved by the director. PART 10 LICENSED PETROLEUM TECHNICIANS 51 [Repealed] M.R. 19/2011 Petroleum Technician's Licence 52 Subject to clause 20(b), no person shall provide a service that under this regulation may only be provided by a licensed petroleum technician unless that person is the holder of a Petroleum Technician's Licence issued by the director under section 54. M.R. 19/2011 Application 53 An application for a Petroleum Technician's Licence shall (a) be made in a form approved by the director; (b) contain or be accompanied by (i) the applicant's results in a written examination and details of the applicant's recent practical work experience respecting storage tank systems, or (ii) other information or documentation that the director considers appropriate in the circumstances; and (c) be accompanied by the fee required by the regulations. M.R. 19/2011 Issuance or refusal of Petroleum Technician's Licence 54 On making an application in accordance with section 53, an applicant is entitled to be issued a Petroleum Technician's Licence by the director, except where (a) in the opinion of the director, the applicant has knowingly misrepresented or failed to disclose relevant information in the application; (b) the applicant has previously had a Petroleum Technician's Licence and that licence has been suspended, revoked or cancelled, and in the opinion of the director, it is not in the best interests of the environment to issue another Petroleum Technician's Licence to the applicant; (c) the applicant has contravened the Act or this regulation; or (d) any other factor exists that, in the opinion of the director, constitutes an adequate ground for refusing to issue the licence. M.R. 19/2011 Conditions of Petroleum Technician's Licence 55 A Petroleum Technician's Licence issued under this Part is subject to the following conditions: (a) that where work requires the technical expertise of a licensed petroleum technician, the licensed petroleum technician shall (i) directly supervise any person under his or her control who is performing the work, and (ii) be on-site at all times that such work is being done; (b) that the licensed petroleum technician shall not perform any work outside his or her area or areas of specialization, as specified in his or her licence; (c) that, where so required by the director, the licensed petroleum technician shall provide the director with proof of financial responsibility as provided for in section 61; (d) any other condition that the director considers appropriate. Expiration of Petroleum Technician's Licence 56 A Petroleum Technician's Licence issued under section 54 expires on the day that is two years from the day upon which it was issued, unless earlier suspended, revoked or cancelled in accordance with this Part. Renewal of Petroleum Technician's Licence 57 The holder of a Petroleum Technician's Licence may renew his or her licence by providing the director with a petroleum technician's licence renewal application in a form approved by the director, accompanied by the fee required by the regulations, and any evidence required by the director concerning the applicant's continuing competency as a petroleum technician, which may include, without limitation, (a) evidence demonstrating the scope of work performed in the previous two years that, in the opinion of the director, illustrates continuing competency; and (b) evidence showing professional training courses successfully completed that, in the opinion of the director, illustrates continuing competency; (c) [repealed] M.R. 19/2011 . M.R. 19/2011 Refusal, suspension and cancellation of licences 58(1) The director may refuse to issue a licence to an applicant under this Part on any of the grounds set out in section 54. 58(2) The director may suspend or cancel a licence issued under this Part (a) on any ground set out in section 54 that would disentitle the licence holder from receiving a licence under that section; or (b) if the licence holder is in breach of the Act, this regulation or a condition of the licence. M.R. 19/2011 Reasons for decision 59 The director must provide the applicant or the holder of a licence under this Part with written reasons for the following decisions: (a) the refusal to issue a licence; (b) the suspension of a licence; (c) the cancellation of a licence. M.R. 19/2011 Responsibility of employers and contractors 60(1) In this section, "contractor" means a person engaged in the business of constructing, altering or testing storage tank systems. 60(2) Every employer and every contractor shall ensure that an employee or independent contractor engaged by him or her complies with this regulation, while acting in the course of employment or the performance of the contract. 60(3) Every employer and every contractor shall ensure that an employee or independent contractor engaged by him or her and who, while acting in the course of the employment or the performance of the contract, as the case may be, constructs, alters or tests a storage tank system, is the holder of a valid and subsisting Petroleum Technician's Licence. M.R. 19/2011 Proof of financial responsibility 61 Where so required by the director, a licensed petroleum technician shall not perform work on a storage tank system unless the licensed petroleum technician, or the company or organization that employs the licensed petroleum technician, provides proof to the director of commercial insurance, surety bonds or liquid assets that, in combination, represent a value of not less than five times the value of the contract for the work. PART 11 REQUIRED TESTS AND INSPECTIONS Tests on storage tank systems 62(1) The owner of a storage tank system must ensure that tests and inspections are performed on the system in the manner and at the times prescribed in Part 6 of the Code of Practice. Tests required for underground piping 62(1.1) In the case of an underground storage tank system, when the surface directly above the underground piping is paved after the storage tank system has been set into operation, the owner of the storage tank system must cause the following tests to be performed immediately after paving has been completed: (a) a precision leak test must be performed on single-walled piping; (b) secondary containment must be tested in accordance with the manufacturer's requirements. Additional tests 62(1.2) The owner of a storage tank system must cause any additional tests to be performed that have been requested in writing by the director or an environment officer in the manner and within the time set out in the request. Test method 62(2) A precision leak test required under subsection (1) shall be conducted in accordance with Section 6.7 of the Code of Practice. Failure of precision leak test 62(3) When a precision leak test, or other similar test approved by the director, conducted under this Part reveals a leak or indicates an impending leak of a petroleum product or allied petroleum product, the owner of the underground storage tank system or the person performing the test shall notify an environment officer of the results of the test and follow any instructions given by the environment officer regarding the situation. Failure of other tests 62(4) Where any test conducted under this section, other than a precision leak test, reveals that any portion of an underground storage tank system, or monitoring equipment associated with an underground storage tank system, does not meet the standards required under this regulation, the owner of the system shall immediately report that fact to an environment officer and, within 30 days or such shorter time as an environment officer may require, (a) cause the storage tank system or associated monitoring equipment to be repaired or altered so that it meets the standards required under this regulation; and (b) after the repair or alteration of the storage tank system or associated monitoring equipment, perform a subsequent test on it of the same type that revealed its failure to meet the requirements of this regulation and provide a copy of the test results to the director or to an environment officer. M.R. 19/2011 Oil-water separator 63 The owner of a storage tank system equipped with an oil-water separator must ensure that the measurements described in Section 8.7 of the Code of Practice are conducted at the specified time intervals. M.R.

19/2011 Failure of tests, monitoring, inspections or checks 64 Where any test, monitoring, inspection or checking conducted under this Part reveals that any portion of an aboveground storage tank system or monitoring equipment associated with an aboveground storage tank system does not meet the standards required under this regulation, the owner of the system shall immediately report that fact to an environment officer and, within 30 days or such shorter time as an environment officer may require, (a) cause the system or associated monitoring equipment to be repaired or altered so that it meets the standards required under this regulation; and (b) after the repair or alteration of the storage tank system or associated monitoring equipment, cause a subsequent test to be performed on it of the same type that revealed its failure to meet the requirements of this regulation and provide a copy of the test results to the director or to an environment officer. Test results 65(1) Where a storage tank system is tested, monitored, inspected or corrected in accordance with section 62, 63 or 64 the owner of the storage tank system shall, in addition to any of the requirements of clause 15(1)⁠(d), compile without delay and maintain a permanent record of the tests, monitoring, inspections and corrections, and have legible copies of the record available for inspection by an environment officer. 65(2) Subsection (1) does not apply to visual inspections required under Article 8.4.1 of the Code of Practice. M.R. 19/2011 Certain tests to be conducted by licensed petroleum technician 66 No person other than a licensed petroleum technician shall perform any test, inspection, monitoring or correction required under this Part, except for (a) testing required under Sentence 4.5.2(4) of the Code or Practice; (b) monitoring required under Section 8.6 of the Code of Practice; (c) monitoring of groundwater or vapour monitoring wells installed as part of a leak detection system; and (d) visual inspections required under subsection 28(1) of this regulation. M.R. 19/2011 Tests to be performed by certified person 67 Unless authorized in writing by the director, all cathodic protection measurements required by this regulation must be conducted by a person with a NACE CP Level 1 certification. M.R. 19/2011 Variation of standards 68(1) On written application by the owner of a storage tank system, the director may vary any requirement of this Part. 68(2) The director may only vary a requirement under subsection (1) if (a) he or she is satisfied that the requirement as varied is no less stringent than the original requirement set out in this Part; and (b) the details of the variation of the requirement are set out in the permit. M.R. 19/2011 PART 12 UPGRADING OR REMOVAL OF STORAGE TANK SYSTEMS Upgrading or removal 69 Where the director is of the opinion that a storage tank system does not meet the applicable design or construction standards of the Code of Practice, the director may order the owner or operator of the storage tank system to (a) alter the storage tank system within a period of time specified by the director and (i) in such a manner as to bring it into conformity with the applicable design or construction standards, or (ii) in such other manner as the director considers appropriate; or (b) remove the storage tank system within a period of time and in such a manner as the director may require. M.R. 19/2011 PART 13 COMING INTO FORCE 70 [Repealed] M.R. 1/2003 ; 240/2004 ; 19/2011 Coming into force 71(1) This regulation, except sections 6, 11, 12, 20 and 66 and subsection 50(1), comes into force on the day it is registered under The Regulations Act . 71(2) Sections 12, 20 and 66 and subsection 50(1) come into force 30 days after the day this regulation is registered under The Regulations Act . 71(3) Section 11 comes into force 90 days after the day this regulation is registered under The Regulations Act . 71(4) Section 6 comes into force on April 1, 2005. M.R. 1/2003 ; 240/2004 SCHEDULE ALLIED PETROLEUM PRODUCTS 1. The following products are allied petroleum products: (a) CGSB 1-GP-124, thinner for vinyl coatings; (b) CGSB 1-GP-136, antiblush thinner for cellulose nitrate lacquer; (c) CGSB CAN/CGSB-1.2-89, boiled linseed oil; (d) CGSB CAN/CGSB-1.4-92, petroleum spirits thinner; (e) CGSB CAN/CGSB-1.70-91, high solvency thinner; (f) CGSB CAN/CGSB-1.110-91, general purpose thinners for lacquers; (g) CGSB CAN/CGSB-1.164-92, solvent for vinyl pretreatment coating; (h) CGSB 15-GP-50, acetone, technical grade; (i) CGSB 15-GP-52, methyl ethyl ketone, technical grade; (j) CGSB 21.1-93, offset lithographic printing ink; (k) CGSB-3-GP-525, isopropanol; (l) CGSB-3-GP-531, methanol, technical grade; (m) CGSB-3-GP-855, ethylene glycol, uninhibited; (n) benzene; (o) toluene; (p) biodiesel or a blend of biodiesel and petroleum diesel; (q) E85 fuel; (r) CGSB-3.511-2005, oxygenated unleaded automotive gasoline containing ethanol. M.R. 19/2011