NLR 60/03 - Heating Oil Storage Tank System Regulations, 2003 under the Environmental Protection Act

NEWFOUNDLAND AND LABRADOR REGULATION 60/03 Heating Oil Storage Tank System Regulations, 2003 under the Environmental Protection Act (O.C. 2003-227) Amended by: 103/03 40/07 17/09 108/09 90/10 114/10 71/11 112/11 NEWFOUNDLAND AND LABRADOR REGULATION 60/03 Heating Oil Storage Tank System Regulations, 2003 under the Environmental Protection Act (O.C. 2003-227) (Filed May 23, 2003 ) Under the authority of section 111 of the Environmental Protection Act, the Lieutenant Governor in Council makes the following regulations. Dated at St. Johns , May 21, 2003 . Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 3.1 Adoption of code 4. Prohibition 4.1 Administrator PART I NEW OR ALTERED SYSTEMS 5. New or altered systems PART II EXISTING SYSTEMS 6. Registration required 7. Inspection required PART III REGISTRATION AND INSPECTION OF SYSTEMS 8. Registration 9. Re-inspection 9.1 Service of notice of inspection 9.2 Adoption of code 10. Registration records 11. Construction and installation 12. Alteration of system 13. Delivery prohibited 14. Revocation of registration PART IV TECHNICAL REQUIREMENTS 15. Technical requirements 16. Removal required 17. Variance PART V LEAKAGE AND INSURANCE 18. Leakage 19. Insurance PART VI LICENSURE OF INSPECTORS 20. Licensure 21. Investigation 22. Suspension or revocation of licensure PART VII GENERAL 23. Fees and forms 24. Commencement 25. Repeal Short title 1. These regulations may be cited as the Heating Oil Storage Tank System Regulations, 2003 . 60/03 s1 Back to Top 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 Environmental Protection Act; (c) "administrator" means a person designated as the administrator by the minister under section 4.1; (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; (e.1) " CSA -B139" means the Installation Code for Oil Burning Equipment of the Canadian Standards Association issued with the number CSA B139; (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; (j.1) "Labrador Inuit Settlement Area" has the meaning assigned to it in the Labrador Inuit Land Claims Agreement as defined in the Labrador Inuit Land Claims Agreement Act ; (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 persons 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. 60/03 s2 ; 103/03 s1 ; 108/09 s1 ; 90/10 s1 Back to Top 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. 60/03 s3 Back to Top Adoption of code 3.1 (1) The following editions of CSA-B139 are adopted: (a) the seventh edition (CSA-B139-04) is adopted from October 1, 2010 to December 31, 2010; and (b) the eighth edition of CSA-B139 (CSA-B139-09) is adopted from January 1, 2011. (1.1) Notwithstanding subsection (1), the following editions of CSA-B139 are adopted in the Labrador Inuit Settlement Area: (a) the seventh edition (CSA-B139-04) is adopted from December 31, 2011 to March 31, 2012; and (b) the eighth edition of CSA-B139 (CSA-B139-09) is adopted from April 1, 2012. (2) Amendments to the eighth edition of CSA-B139 (CSA-B139-09), and further editions and amendments of CSA-B139, are adopted 6 months following the date of their publication. 90/10 s2 ; 114/10 s1 ; 71/11 s1 ; 112/11 s1 Back to Top 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 August 1, 2009 . (3) Notwithstanding subsection (2), this section shall come into force in the Labrador Inuit Settlement Area on September 1, 2012. 60/03 s4 ; 40/07 s1 ; 17/09 s1 ; 108/09 s2 ; 114/10 s2 Back to Top Administrator 4.1 The minister shall designate an administrator to carry out duties under these regulations. 103/03 s2 PART I NEW OR ALTERED SYSTEMS Back to Top 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 manufacturers 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. (4) Notwithstanding subsection (2), a person may install or have his or her agent install a system for that persons own use notwithstanding that that person or agent is not trained as required under CSA -B139 to do that installation provided that an inspection is carried out as required under section 11 or 12. 60/03 s5 ; 103/03 s3 ; 90/10 s3 PART II EXISTING SYSTEMS Back to Top Registration required 6. (1) On or before July 31, 2009 , 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 manufacturers 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. (4) Notwithstanding subsection (1), the owner of an existing system in the Labrador Inuit Settlement Area shall register the system on or before August 31, 2012. 60/03 s6 ; 40/07 s2 ; 17/09 s2 ; 108/09 s3 ; 114/10 s3 Back to Top 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. 60/03 s7 PART III REGISTRATION AND INSPECTION OF SYSTEMS Back to Top 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. 60/03 s8 Back to Top Re-inspection 9. (1) The administrator may require an owner of a registered system to have it inspected (a) to ensure continued compliance of the system with these regulations, the requirements of CSA-B139, the tank manufacturers instructions and the System Installation and Inspection Manual; or (b) to check and, where necessary, correct a problem with the system or a part of the system that has been identified by the administrator. (2) Where an inspection is required under subsection (1), the administrator shall give or publish written notice in accordance with section 9.1 and set the time period by which the inspection is to be conducted. (3) The maximum time period set by the administrator under subsection (2) shall be (a) in the case of one system, 60 days; and (b) in the case of multiple systems of a particular type or meeting a common criterion, 180 days. (4) 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. 90/10 s4 Back to Top Service of notice of inspection 9.1 (1) Where the inspection of one system is required under subsection 9(1), the administrator shall give written notice to the owner. (2) Where the inspection of multiple systems of a particular type or meeting a common criterion is required under subsection 9(1), the administrator shall (a) give written notice to an owner; (b) give written notice to a licensed inspector; or (c) publish the written notice in a publication that the administrator determines to be applicable. (3) Written notice may be given to a person by (a) personal service; or (b) registered or certified mail to the last known address of the person. (4) A notice mailed under subsection (3) shall be considered to be served on a person (a) on the date the person actually receives the notice; or (b) 5 days after the date of mailing whichever is earlier. (5) Service of written notice under paragraph (2)(c) shall be considered to be effected on the last day of publication where there is more than one day of publication. 90/10 s5 Back to Top Adoption of code 9.2 (1) Notwithstanding section 3.1, for the purpose of paragraph 9(1)(a), subparagraph 13(1)(b)(i) and subsection 14(1), (a) the applicable edition of CSA-B139 for a new, altered or existing system is the edition enforced when the system was registered; and (b) the applicable edition of CSA-B139 for a registered system that is subsequently altered is (i) the edition enforced when the system was registered; and (ii) with respect to an alteration that was made, the edition enforced at the time of the alteration. (2) Where the problem to be checked and corrected under paragraph 9(1)(b) is addressed in CSA-B139, the applicable edition of CSA-B139 is the current edition. 90/10 s5 Back to Top 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 systems registration information, (iii) the licensed inspectors confirmation that the system complies with these regulations and the requirements of CSA -B139, the tank manufacturers 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. 60/03 s10 Back to Top Construction and installation 11. (1) A system shall be constructed and installed in accordance with the requirements of these regulations and in accordance with the tank manufacturers instruction, the System Installation and Inspection Manual and the requirements of CSA -B139, excluding the requirement under CSA-B139 that a person or his or her agent who installs a system for that persons own use be trained. (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. 60/03 s11 ; 103/03 s4 ; 90/10 s6 Back to Top Alteration of system 12. (1) An alteration to a system shall be in accordance with the requirements of these regulations and in accordance with the requirements of the tank manufacturers instructions, the System Installation and Inspection Manual and the requirements of CSA -B139, excluding the requirement under CSA-B139 that a person or his or her agent who installs a system for that persons own use be trained. (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. 60/03 s12 ; 103/03 s5 ; 90/10 s7 Back to Top 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) on or after August 1, 2009 (i) which does not comply with these regulations and the requirements of CSA -B139, the tank manufacturers instructions and the System Installation and Inspection Manual, and (ii) where a valid registration label is not affixed to that system indicating that the registration of the system is current and has not expired; and (c) that has not been constructed, installed, altered or registered in accordance with these regulations. (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. (3) Notwithstanding paragraph (1)(b), the effective date in the Labrador Inuit Settlement Area is on or after September 1, 2012. 60/03 s13 ; 103/03 s6 ; 40/07 s3 ; 17/09 s3 ; 108/09 s4 ; 114/10 s4 Back to Top 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 manufacturers 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. 60/03 s14 PART IV TECHNICAL REQUIREMENTS Back to Top 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 and registered before January 1, 2011 (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 where the tank is located (a) outside and the secondary containment precludes the ingress of precipitation; or (b) inside a structure or building which includes a foundation and protects the tank from the elements to the satisfaction of the administrator, that tank shall be used only for the maximum period set by the administrator. (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) An underground heating oil storage system 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), and that system shall be used only for the maximum period set by the administrator. (5) The maximum period referred to in subsections (2), (3) and (4) shall not exceed 50 years. (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. (8) Notwithstanding paragraph 15(1)(a), the registration date in the Labrador Inuit Settlement Area is before April 1, 2012. 60/03 s15 ; 103/03 s7 ; 90/10 s8 ; 114/10 s5 ; 71/11 s2 ; 112/11 s3 Back to Top Removal required 16. (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 July 31, 2009 . (2.1) Notwithstanding subsection (2), an existing system in the Labrador Inuit Settlement Area which has not been registered shall be removed from service in accordance with subsection (3) on or before August 31, 2012. (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. 60/03 s16 ; 40/07 s4 ; 17/09 s4 ; 108/09 s5 ; 114/10 s6 Back to Top 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 subsection 5(3), section 9 and paragraphs 13(1)(b), 16(3)(b), (c) and (d) and 18(5)(b) and (c) where, in the opinion of the administrator (a) due to geographic or other factors, a licensed inspector is not available; or (b) geographic or climatic factors make compliance within the prescribed time frame impossible. (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. 60/03 s17 ; 103/03 s8 PART V LEAKAGE AND INSURANCE Back to Top Leakage 18. (1) An owner who has reason to believe that heating oil has leaked or is, or may be leaking from that owners system or that water is intruding or has intruded into that owners 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 owners 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 systems 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. 60/03 s18 Back to Top 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 to the administrator a certificate of that insurance coverage by September 30, 2003 or within 30 days of acquiring that coverage, whichever is later; (a.1) submit to the administrator a certificate of that insurance coverage within 30 days of renewing that coverage; 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 companys 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. 60/03 s19 ; 103/03 s9 PART VI LICENSURE OF INSPECTORS Back to Top 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 inspectors licence. (2) An applicant for an inspectors licence shall (a) complete and submit an application in the form and manner acceptable to the administrator; (b) hold the certification required by the administrator; and (c) complete, to the satisfaction of the administrator, additional training and examination programs required by 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 12 months after the date of issue of the licence. 60/03 s20 ; 103/03 s10 Back to Top Investigation 21. The administrator may conduct those investigations into the operations of a licensed inspector that he or she considers necessary. 60/03 s21 Back to Top 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) [Rep. by 103/03 s11] (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) [Rep. by 103/03 s11] (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. 60/03 s22 ; 103/03 s11 PART VII GENERAL Back to Top Fees and forms 23. The administrator may set fees and prescribe forms necessary for the administration of these regulations. 60/03 s23 Back to Top Commencement 24. Except as otherwise noted, these regulations shall come into force on May 30, 2003 . 60/03 s24 Back to Top Repeal 25. The Heating Oil Storage Tank System Regulations , Newfoundland and Labrador Regulation 27/02, are repealed. 60/03 s25 ©Earl G. Tucker, Queen's Printer