250 R.I. Code R. 250-RICR-140-25-1.7

Current through December 26, 2024

Section 250-RICR-140-25-1.7 - Facility Registration

A. Applicability

1. All owners/operators of USTs shall comply with the registration requirements of this rule unless otherwise exempted in § 1.4(D) of this Part.

B. Prohibition of Use of Unregistered USTs

1. No person subject to this rule shall operate an underground storage tank facility unless the tank(s) is/are registered with the Department.

C. Registration Deadlines

1. All USTs which fall under the registration requirements of this rule unless otherwise exempted by § 1.4(D) of this Part shall be registered within 30 days of discovery or installation.

2. USTs No Longer in Service

a. Any UST that has been removed from service for more than 180 days without the permission of the Director is considered abandoned and shall be subject to the closure requirements contained in § 1.15 of this Part.

D. Application for Registration

1. To apply for a certificate of registration, the facility owner shall complete, certify and submit to DEM the application forms available from the Department, along with the applicable registration fees. Information to be included on the form shall include, but not be limited to, the following;

a. For New UST Systems and Proposed Replacement Tank Systems:

(1) A set of detailed installation plans and specifications for the tank system. Plans for all new and replacement UST systems shall be reviewed and stamped by a registered professional engineer.

(2) A written description, including technical specifications, of the following:

(AA) Proposed tank size, construction material, construction type and material to be stored;

(BB) All proposed leak monitoring systems;

(CC) Proposed spill/over fill protection methods;

(DD) Proposed corrosion protection methods; and

(EE) Operation and maintenance requirements for any of the above.

(3) A site plan including all of the information listed below:

(AA) Proposed locations of all tanks, piping, and dispensing pumps;

(BB) Proposed locations of on-site monitoring or observation wells; where applicable.

(CC) Water table elevation, where available;

(DD) Location of all public water supply wells or reservoirs within 400 feet of the facility site;

(EE) Location of all facilities served by private wells within 200 feet of the facility site;

(FF) Location of all proposed and existing building and associated structures;

(GG) Boundaries of the facility site; and

(HH) North Arrow.

b. For Existing UST Systems:

(1) The results of all tightness tests and leak detection tests pertaining to all tanks and associated piping.

(2) Written description of the following:

(AA) Installation date;

(BB) Tank size, construction material, construction type and material stored;

(CC) All existing or proposed leak monitoring systems;

(DD) Spill/overfill protection methods;

(EE) Corrosion protection methods; and

(FF) Operation and maintenance requirements for any of the above.

(3) A site plan including all of the information listed below:

(AA) Location of all tanks, piping, and dispensing pumps;

(BB) Location of existing or proposed on-site monitoring or observation wells; where applicable.

(CC) Description of water service to the facility and properties within 200 feet of the facility site;

(DD) Location of buildings and associated structures on-site;

(EE) Boundaries of the facility site; and

(FF) North Arrow.

(4) Description of all repairs performed on the tank system.

(5) A description of all past spills and leaks associated with the tank system known to have occurred at the site on or after October, 1984.

E. Unknown Tank Size

1. Any tank of unknown size shall be assumed to be of regulated capacity unless it is determined to the satisfaction of the Director by records or measurements that the tank is not of regulated capacity.

F. Unknown Tank Age

1. Any double-walled tank of unknown age shall be assumed to be greater than twenty years of age for the purpose of these rules. Any single-walled tank of unknown age shall be assumed to be over 32 years of age and is required to be taken out of service and permanently closed immediately.

G. Issuance of Registration Certificates

1. For Existing UST Systems: The Director shall issue a certificate of registration to the owner of an existing tank or existing tank facility upon review and approval of an application and receipt of fees pursuant to this rule.

2. For New and Replacement UST Systems: The Director shall issue a certificate of registration to the owner of a tank facility at which new or replacement tanks have been installed in accordance with an approved application, and upon receipt and approval of the following:

a. Complete registration application form;

b. Applicable fee payment;

c. Installation plans; stamped by a professional engineer for new facilities;

d. A completed installation certification form, as specified in the Department's Installation Checklist and Certification Form signed by the installer and owner;

e. A completed manufacturer's installation checklist, signed by the contractor; and

f. Tightness test results for the tank(s) and piping, which indicates that the tank system, as installed, is not leaking.

3. Receipt of a registration certificate does not necessarily indicate compliance with all applicable rules of these regulations.

H. Renewal of Registration Certificates

1. Facility owners/operators, except those listed as exempt in § 1.7(I) of this Part, shall renew their certificate(s) of registration annually as follows:

a. During the first quarter of each fiscal year (July 1 to September 30), the Department shall send renewal notices and invoices to the owner of record. Each owner shall submit payment no later than 45 days from the date of said notices and invoices.

b. Effective August 1^st, 2019, all registration and late fees may be paid via the State of Rhode Island online payment portal. Other forms of payment, including checks, money orders, or cash will be accepted with an additional $5-per-UST fee for processing.

c. Upon successful completion of the online payment process on the State of Rhode Island online payment portal, an electronic copy of the registration certificate will be available to download or print.

d. Effective August 1^st, 2019, DEM will no longer mail owners or operators hard copies of registration certificates. If an owner or operator wishes to receive a copy of their certificate, they may do so via the following methods:

(1) Print a copy of the registration certificate when paying via the online payment portal;

(2) Performing an in-person file review of the UST file;

(3) Accessing the public web portal;

(4) Requesting an electronic copy from DEM staff.

2. Certificates of registration shall be valid for one year expiring on September 30th annually.

I. Exempted Tanks

1. The following owners/operators of underground storage tank facilities, while required to meet the obligations of these regulations, are exempt from annual registration fees:

a. Federal, state and local governments and any agency or department of those governments;

b. Nonprofit fire districts;

c. Owners/occupiers of one, two, or three unit dwellings that utilize tanks of a capacity of greater than 1,100 gallons storing heating oil that is consumed solely onsite for heating purposes;

d. Owners/operators of farm tanks of greater than a capacity of 1,100 gallons storing fuel for heating purposes;

e. Owners/operators of underground storage tanks that have been closed in accordance with these regulations.

f. Receipt of a registration certificate does not necessarily indicate compliance with all applicable sections of these regulations.

J. Registration Fees

1. Effective August 1^st, 2019, All facility owners/operators shall pay to the Department an annual registration fee of $100 for each underground storage tank required to be registered at the facility.

K. Multi-Compartment Tanks

1. The registration fee for USTs with multi-compartments will be based upon the number of compartments. (If a tank has two compartments it is considered two tanks for registration and fee purposes.)

L. Payment of Fees

1. Effective August 1^st, 2019, all persons who register or renew registration of underground storage tank facilities shall submit registration fees via the State of Rhode Island online payment portal. Other forms of payment, including checks, money orders, or cash will be accepted with an additional $5-per-UST fee for processing.

2. All payments must be for the full amount of the registration fee, including late fees where applicable.

3. The Director shall deposit all monies collected pursuant to this rule into the Water and Air Protection Program as established in R.I. Gen. Laws § 42-17.1-26.

M. Late Fees

1. Owners/operators who fail to pay a registration fee within the specified time frame shall be subject to a late fee charge of $35.00 per tank per year.

N. Acceptance of Fees

1. The Director's acceptance of registration fees does not indicate that the tanks are in compliance with all UST regulations.

O. Penalties

1. Failure to obtain a certificate of registration in accordance with these regulations shall constitute a violation of these regulations and may subject the owner to penalties.

2. Where an owner of a facility who fails to obtain a certificate of registration from the Department, the Director may order a delivery prohibition for the UST system or that the owner/operator to immediately implement temporary or permanent closure procedures in accordance with § 1.15 of this Part.

P. Change of Registration Information or Transfer of Ownership

1. Changes in Ownership: Changes in ownership of a tank or tank facility are subject to § 1.18 of this Part.

2. Change in Registration Information: Excepting a change in ownership, which is subject to § 1.18 of this Part, owners/operators of a UST facility shall:

a. Report any change in information contained on the original registration form (including a change in the product stored) to the DEM in writing within 15 days of that change.

b. All changes to registration information must be submitted using the DEM-supplied form. Verbal and other forms of written communication are not accepted.

c. Maintain a continuous and accurate record of the name, address and length of time during which particular persons operated a facility. The record shall be maintained by the owner/operator until such time as the facility is closed in accordance with § 1.15 of this Part. Upon request, the written record of operators shall be made available by the owner to the Department.

Q. Revocation of Registration

1. The Director may, after 10 days written notice to the person or persons affected, and after a hearing, if requested by the affected person or persons, suspend, modify or revoke a certificate of registration for cause including, but not limited to:

a. The information submitted by the application was incomplete, false or misleading;

b. Circumstances on which the certificate was based have materially and substantially changed since the certificate was issued;

c. Failure to pay registration fees;

d. Noncompliance with these regulations;

e. Failure to comply with an order of the Director; or

f. Failure to provide information to the Director that is required to be maintained under these regulations after receipt of written request from the Director.

R. Closure of Facilities with Revoked Registrations

1. Upon the denial or revocation of the certificate of registration by the Director, the owner/operator shall immediately implement facility closure procedures in accordance with § 1.15 of this Part.

250 R.I. Code R. 250-RICR-140-25-1.7

Amanded effective 11/20/2018