Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 5 - Underground Storage Tank Regulations
Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018)
Rule 11-5-2.9 - Lender Liability
Section 11-5-2.9-280.123 - Operating an underground storage tank or underground storage tank system
Universal Citation: MS Code of Rules 11-5-2.9-280.123
Current through September 24, 2024
(a) Operating an UST or UST system prior to foreclosure. A holder, prior to foreclosure, as defined in § 280.121(c), is not an "operator" of a petroleum UST or UST system for purposes of compliance with the UST technical standards as defined in § 280.120(a), the UST corrective action requirements under §§ 280.51 through 280.67, and the UST financial responsibility requirements under §§ 280.90 through 280.111, provided that, after December 6, 1995, the holder is not in control of or does not have responsibility for the daily operation of the UST or UST system.
(b) Operating an UST or UST system after foreclosure. The following provisions apply to a holder who, through foreclosure, as defined in § 280.121(c), acquires a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located.
(1) A
holder is not an "operator" of a petroleum UST or UST system for purposes of
compliance with this part if there is an operator, other than the holder, who
is in control of or has responsibility for the daily operation of the UST or
UST system, and who can be held responsible for compliance with applicable
requirements of this part or applicable state requirements in those states that
have been delegated authority by EPA to administer the UST program pursuant to
42 U.S.C.
6991c and 40 CFR part 281.
(2) If another operator does not exist, as
provided for under paragraph (b)(1) of this section, a holder is not an
"operator" of the UST or UST system, for purposes of compliance with the UST
technical standards as defined in § 280.200(a), the UST corrective action
requirements under §§ 280.51 through 280.67, and the UST financial
responsibility requirements under §§ 280.90 through 280.111, provided
that the holder:
(i) Empties all of its known
USTs and UST systems within 60 calendar days after foreclosure or within 60
calendar days after December 6, 1995, whichever is later, or another reasonable
time period specified by the implementing agency, so that no more than 2.5
centimeters (one inch) of residue, or 0.3 percent by weight of the total
capacity of the UST system, remains in the system; leaves vent lines open and
functioning; and caps and secures all other lines, pumps, manways, and
ancillary equipment; and
(ii)
Empties those USTs and UST systems that are discovered after foreclosure within
60 calendar days after discovery or within 60 calendar days after December 6,
1995, whichever is later, or another reasonable time period specified by the
implementing agency, so that no more than 2.5 centimeters (one inch) of
residue, or 0.3 percent by weight of the total capacity of the UST system,
remains in the system; leaves vent lines open and functioning; and caps and
secures all other lines, pumps, manways, and ancillary
equipment.
(3) If another
operator does not exist, as provided for under paragraph (b)(1) of this
section, in addition to satisfying the conditions under paragraph (b)(2) of
this section, the holder must either:
(i)
Permanently close the UST or UST system in accordance with §§ 280.71
through 280.74, except § 280.72(b); or
(ii) Temporarily close the UST or UST system
in accordance with the following applicable provisions of § 280.70:
(A) Continue operation and maintenance of
corrosion protection in accordance with § 280.31;
(B) Report suspected releases to the
implementing agency; and
(C)
Conduct a site assessment in accordance with § 280.72(a) if the UST system
is temporarily closed for more than 12 months and the UST system does not meet
either the performance standards in § 280.20 for new UST systems or the
upgrading requirements in § 280.21, except that the spill and overfill
equipment requirements do not have to be met. The holder must report any
suspected releases to the implementing agency. For purposes of this provision,
the 12-month period begins to run from December 6, 1995 or from the date on
which the UST system is emptied and secured under paragraph (b)(2) of this
section, whichever is later.
(4) The UST system can remain in temporary
closure until a subsequent purchaser has acquired marketable title to the UST
or UST system or facility or property on which the UST or UST system is
located. Once a subsequent purchaser acquires marketable title to the UST or
UST system or facility or property on which the UST or UST system is located,
the purchaser must decide whether to operate or close the UST or UST system in
accordance with applicable requirements in this part or applicable state
requirements in those states that have been delegated authority by EPA to
administer the UST program pursuant to
42 U.S.C.
6991c and 40 CFR part
281.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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