5(1)For the purposes of this Regulation, a petroleum product is classified as

5(2)A liquid having a viscosity of less than six centistokes at 37.8 degrees Celsius and a flash point below 93.3 degrees Celsius shall have its flash point determined in conformance with ASTM D56-82, “Standard Test Method for Flash Point By Tag Closed Tester”.

5(3)A liquid having a viscosity of six centistokes or more at above 37.8 degrees Celsius shall have its flash point determined in conformance with ASTM D93-85, “Flash Point By Pensky-Martens Closed Tester”.

6(1)Subject to section 30, the owner of every system, except a marina, with a total capacity of two thousand litres or more and every marina having a system with a total capacity of two hundred litres or more shall apply to the Minister on a form provided by the Minister for one of the following licences:

6(1.1)The total capacity of a system referred to in subsection (1) shall be determined by

6(2)An applicant under subsection (1) shall provide such additional information as requested by the Minister.

6(3)Subject to subsection (4), no owner or operator of a system referred to in subsection (1) shall place or keep a petroleum product in the system unless the owner has obtained the appropriate licence referred to in subsection (1), valid for that system, for the specific location, for the activities to be undertaken and for the owner and operator as indicated on the licence.

6(4)Subsection (3) does not apply until after April 1, 1992 to a system described in paragraph (1)(g) for which a valid registration has been obtained.

7(1)Subject to subsection (3), the owner of a system to which an application relates shall submit with the application a certificate of public liability insurance for a term of at least one year, valid for the year for which the licence to which the application relates will be valid, providing coverage that is acceptable to the Minister for any damage caused to third parties by activities to be undertaken and the petroleum products to be handled by the applicant and for the applicable amount required in Schedule A.

7(2)The Minister may, in the Minister’s discretion, increase the amount of insurance required under subsection (1) where the Minister is satisfied that

7(3)Subsection (1) does not apply where the owner of the entire system that is the subject of an application is the Province or an agent of the Province.

9(1)After receiving an application for a licence the Minister shall, within a reasonable time

9(2)The Minister, if satisfied that a premises will be used for more than one of the purposes referred to in paragraphs 6(1)(a) to (i) after the applicable deadlines established under subsection 6(1), may issue a licence on which is designated, in the Minister’s discretion, one primary purpose and one or more secondary purposes.

9(3)For the purposes of sections 7 and 13, a licence that is issued for more than one purpose is deemed to have been issued for the primary purpose designated on the licence.

9(4)An applicant who has received a refusal under paragraph (1)(b) may reapply for a licence when the applicant can demonstrate that the terms and conditions required by the Minister have been met.

9(5)A licence issued under this section shall be on a form provided by the Minister.

10(1)An insurer who has provided a certificate of public liability insurance under subsection 7(1) shall notify the Minister not less than thirty days before the cancellation of the insurance referred to in the certificate.

10(2)Insurance referred to in subsection (1) shall not be cancelled until notice has been given in accordance with subsection (1).

10(3)The Minister may cancel or suspend a licence where the insurance required under section 7 ceases to be in effect or where the holder of the licence violates or fails to comply with a term or condition of the licence or a provision of the Act or this Regulation.

10(4)Upon application by the holder of a licence cancelled or suspended by the Minister under subsection (3) and upon compliance with any term or condition referred to in subsection (3), with any term or condition imposed by the Minister and with the Act and this Regulation, as the case may be, the Minister may reinstate the licence.

13(1)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(a) is $220 per year.

13(1.1)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(a.1) is $550 per year.

13(2)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(b) is $55 per year.

13(3)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(c) is $2,200 per year.

13(4)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(d) or (e) is $55 per year.

13(5)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(f) or (g) is ten dollars per year.

13(5.1)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(h) is $55 per year.

13(5.2)The fee to be paid for the issue of a licence referred to in paragraph 6(1)(i) is ten dollars per year.

13(6)A fee required under this section shall be paid to the Minister no later than the thirty-first day of March in each year.

20(1)Not less than thirty days before the expiry of a licence, the owner of the system to which the licence relates shall, if the system is to be operated after the expiry date, deliver to the Minister an application for a new licence, accompanied by the applicable fee provided for under section 13.

20(2)Sections 7 to 12 apply to an application made under subsection (1).

21(1)Where there is to be a change in the nature of the activities undertaken at a system or in the name of the owner or operator of the system, the holder of the licence shall notify the Minister in writing not less than thirty days before the change is to be effective, giving the licence number and describing the change in the nature of the activities to be undertaken at the system or giving the name, mailing address and residential address of the new owner or operator, as the case may be.

21(2)The Minister may cause an inspector to inspect the system to which a notification under subsection (1) relates and the inspector may submit an inspection report to the Minister.

21(3)After receiving a notification under subsection (1) and after considering any inspection report submitted under subsection (2), the Minister shall, within a reasonable time

23(1)Subject to section 28, no person shall construct, install, alter, modify, change the capacity of, reactivate, excavate, disassemble, destroy or dispose of a system, except a system at a marina, with a total capacity of two thousand litres or more or a system at a marina with a total capacity of two hundred litres or more unless the owner of the system or the person who will be in charge of performing the work applies for and obtains a site approval and an environmental approval from the Minister.

23(2)The total capacity of a system referred to in subsection (1) shall be determined in accordance with subsection 6(1.1).

24(1)An application for a site approval shall be on a form provided by the Minister.

24(2)An application for a site approval shall be completed and submitted to the Minister in the manner and at the time set out in the application.

24(3)An application shall be accompanied by a map at a scale and scope acceptable to the Minister, showing the location of the proposed system in relation to buildings and other structures, other systems, roads, railways, easements, rights of way, bridges, sewer installations and lines, wells and other bodies of water and other like features located within one thousand metres of the proposed site.

24(4)The fee for an application for site approval is twenty-five dollars.

25(1)The Minister shall cause an inspector to assess the sensitivity of the area to which the application relates.

25(2)The factors to be considered by an inspector in assessing the sensitivity of an area include but are not limited to:

25(3)The inspector shall file with the Minister a report setting out an assessment of the sensitivity of the area.

26(1)At any time before rendering a decision under subsection 29(1), the Minister may require from the applicant any additional information the Minister considers necessary or desirable in order to dispose of the application, including, without limiting the foregoing:

26(2)Information required under paragraph (1)(f) shall be prepared or approved by an engineer who is a member of the Association of Professional Engineers and Geoscientists of New Brunswick or who is licensed to practise engineering under the Engineering and Geoscience Professions Act.

27(1)At any time before rendering a decision under subsection 29(1), the Minister may require the applicant to file submissions with respect to the application and, where the application relates to the installation of a new system or to expansion of the capacity of a system already installed, may

27(2)Where publication of a notice or service of a copy of an application is required by the Minister under subsection (1), any person may, within thirty days after the publication or service, file with the Minister a written objection to the issuance of the site approval being sought.

27(3)Where the application relates to the installation of a new system or to expansion of the capacity of a system already installed and where publication of a notice or service of a copy of an application is not required by the Minister under subsection (1), any person may, within sixty days after the filing of the application for a site approval, file with the Minister a written objection to the issuance of the site approval being sought.

27(4)A corporation or an unincorporated society filing an objection under subsection (2) or (3) shall include in the objection the name and address for service of an individual who may be served on its behalf.

27(5)The Minister shall serve a copy of an objection filed under subsection (2) or (3) upon the applicant and upon every other person who has filed an objection.

27(6)Within six weeks after the filing of an application for a site approval, the Minister shall serve a copy of the inspector’s report referred to in subsection 25(3) on the applicant and on any person who has filed an objection.

27(7)Notwithstanding paragraph (1)(c), no person is entitled as of right to be heard personally by the Minister with respect to an application for a site approval.

29(1)After the requirements of the Act and this Regulation, the requirements of any other applicable legislation and any requirements under subsection 27(1) have been complied with, the Minister shall, within a reasonable time, render a decision in writing

29(2)The Minister shall serve a copy of the decision upon the applicant and upon any person who has filed an objection.

29(3)The Minister is not required to effect service on a corporation or an unincorporated society under subsection 27(5) or (6) or subsection (2) if the corporation or unincorporated society has not complied with subsection 27(4).

30(1)An applicant who has been granted a site approval under paragraph 29(1)(a) shall submit to the Minister

30(2)After considering the application and other material submitted by the applicant under subsection (1) and any other information submitted to the Minister, the Minister may issue an environmental approval in Form 2, which may be subject to such terms and conditions as the Minister may require, including, without restricting the foregoing:

30(3)An environmental approval shall be issued within a reasonable time in the name of the applicant and is not transferrable except in accordance with section 31.

30(4)An environmental approval is valid only for the work described in the approval.

30(5)The issue to an applicant of an environmental approval does not supplant any requirement imposed upon the applicant or upon the work to be done by the Act, this Regulation or any other legislation.

30(6)The holder of an environmental approval shall

31(1)The holder of an environmental approval shall notify the Minister in writing immediately of a proposed change in any of the particulars appearing on the environmental approval or a change in any of the factors referred to in subsection 25(2) and shall give full particulars of the change.

31(2)After receiving a notification under subsection (1) of a proposed change in the name of the owner of the land at which the system is to be or is situated, the name of the owner or operator of the system, the name of the installer who will do or supervise or is doing or supervising the work or a change in any of the factors referred to in subsection 25(2), the Minister shall, within a reasonable time

31(3)The fee for an application for a new environmental approval under subsection (2) is fifteen dollars.

33(1)The holder of an environmental approval who is required to apply for and obtain a licence or a registration before commencing operations shall apply for a licence in accordance with and subject to Part II or shall apply for a registration in accordance with and subject to the Water Quality Regulation, as the case may be.

33(2)The Minister, if satisfied that an application under this Part and related documents contain all the information required by an application for a licence, may waive the requirement to submit an application for a licence and may issue a licence to the holder of an environmental approval.

33(3)Part II applies to the issuance of a licence under subsection (2).

35(1)In this section and in sections 38 and 39

35(2)A business may apply for a business registration by completing and delivering to the Minister an application on a form provided by the Minister.

35(3)An applicant for a business registration shall submit with the application a certificate of comprehensive general liability insurance for a term of at least one year, valid for the same year during which the registration to which the application relates will be valid, providing coverage that is acceptable to the Minister in an amount of at least one million dollars for all acts for which the applicant may become liable as a result of the applicant’s business operations, including for completed operations.

35(4)An applicant for a business registration shall be the holder of or shall have at least one employee who is the holder of a valid installer’s licence.

35(5)The Minister, if satisfied that an applicant under subsection (2) has fulfilled the requirements under subsections (3) and (4), may register the applicant.

35(6)The owner and the operator of a system on which work referred to in subsection 23(1) is to be performed shall ensure that the work is performed by the holder of a business registration under subsection (5).

35(7)The holder of a business registration that is performing work referred to in subsection 23(1) shall ensure that all the work is done by or supervised by an individual who is

35.1(1)An insurer who has provided a certificate of insurance required under subsection 35(3) shall notify the Minister not less than thirty days before the cancellation of the insurance referred to in the certificate.

35.1(2)Insurance referred to in subsection (1) shall not be cancelled until notice has been given in accordance with subsection (1).

35.1(3)The Minister may cancel or suspend a business registration if the insurance required under subsection 35(3) ceases to be in effect.

35.1(4)The Minister may reinstate a business registration cancelled or suspended under subsection (3) upon compliance with the requirements of subsection 35(3) and with any other terms and conditions imposed by the Minister.

36(1)An individual may apply for an installer’s licence by completing and delivering to the Minister an application on a form provided by the Minister.

36(3)An applicant for an installer’s licence shall successfully complete a training program designated by the Minister before being issued an installer’s licence.

36(4)The Minister, if satisfied that an applicant under subsection (1) has fulfilled the requirements under subsection (3), has the necessary qualifications and has paid the fee under subsection (7), may issue to the applicant an installer’s licence.

36(5)An installer’s licence shall be in Form 3.

36(6)An installer’s licence expires on the date indicated on the licence.

36(7)The fee to be paid for the issue of an installer’s licence is $110.

37(1)Not less than thirty days before the expiry of an installer’s licence, the holder of the licence, if intending to continue the work of an installer after the expiry date, shall deliver to the Minister an application for a new licence along with the fee prescribed in subsection 36(7).

37(2)Subsections 36(1), (4), (5), (6) and (7) apply with the necessary modifications to an application made under subsection (1).

38(1)The holder of an installer’s licence shall ensure that all work done by or under the supervision of the holder and all systems installed by or under the supervision of the holder conform to the Act, this Regulation and all other applicable legislation.

38(2)The holder of a business registration shall ensure that all work done and all systems installed by or under the supervision of an employee who is the holder of an installer’s licence conform to the Act, this Regulation and all other applicable legislation.

39(1)The Minister, if satisfied that the holder of an installer’s licence has not complied with subsection 38(1), may

39(2)The Minister, if satisfied that the holder of a business registration has not complied with subsection 35(7) or 38(2), may

39(3)The Minister may reinstate a licence or registration cancelled or suspended under this section upon completion of any work specified under subsection (1) or (2) and upon compliance with any terms and conditions imposed by the Minister.

44(1)A person responsible for the system who is aware of a leak or possible leak of a petroleum product from a system shall

44(2)The Minister may direct that increments different from those provided for in paragraph (1)(h) be used.

44(3)The person responsible for the system shall witness all tests and repairs required under subsection (1) and shall certify to this effect on the records of the tests, and the owner shall retain the records for inspection by the Minister until the system is disposed of.

45(1)Notwithstanding any terms and conditions with respect to a registration, a licence, a site approval or an environmental approval issued under this or any other Regulation, the Minister, after receiving notice of a leak or possible leak, or at any other time, may

45(2)Without restricting any other provision of this Regulation, the Minister may direct an order under subsection (1) to any person responsible for the system.

54(1)Every atmospheric storage tank installed after the commencement of this Regulation shall be built in conformance with the following:

54(2)Tanks built in conformance with the standards referred to in paragraphs (1)(f), (g) and (h) shall be used only for the storage of crude petroleum at oil fields.

60(1)Subject to subsections (2) and (3), the holder of an installer’s licence who is installing or supervising the installation of a storage tank shall ensure that it is tested for leakage by a method acceptable to the Minister at the time of installation in conformance with the appropriate requirements of this Part.

60(2)Subject to subsection (3), where measurements indicate a leak, the source of leakage from an aboveground storage tank may be determined by a visual examination and by testing the bottom of the tank by a method acceptable to the Minister.

60(3)Where field test methods are included in the tank construction standards referred to in sections 54 and 55, such tests shall be permitted for tanks conforming to those standards.

63(1)Pneumatic leakage tests may be performed only on a new underground storage tank that does not contain and has never contained a petroleum product, after installation but before backfilling.

63(2)Where a pneumatic leakage test is performed under subsection (1), the tank shall be considered to be leaking when any pressure drop is detected within a period of two hours after steady temperature and tank deflection conditions have been established and the source of pressure has been removed.

63(3)Pneumatic test pressures applied to a new underground storage tank shall be measured by an instrument calibrated in increments not greater than one kilopascal.

63(4)The test pressure for a pneumatic leakage test shall be not less than thirty kilopascals and not more than thirty-five kilopascals above atmospheric pressure.

64(1)Where a leakage test incorporating a liquid test medium, including a petroleum product, is performed on an underground storage tank, the tank shall be considered to be leaking when, with compensation for volume differentials caused by the effects of temperature and tank shell distortion, the test indicates a liquid loss greater than 0.189 litres per hour.

64(2)The pressure at the bottom of a storage tank shall not exceed seventy kilopascals above atmospheric pressure during the leakage test referred to in subsection (1).

65(1)Subject to subsection (6), the owner or operator of an underground storage tank at a service station or marina shall measure the liquid level in the storage tank at least once each day the service station or marina is open in conformance with subsections (5) and (7) by a method acceptable to the Minister.

65(2)Subject to subsection (6), the owner or operator of an underground storage tank at a service station or marina shall measure the level of water at the bottom of the underground storage tank at least once each day the service station or marina is open in conformance with subsections (5) and (7) by a method acceptable to the Minister.

65(3)Subject to subsections (1) and (6), the owner or operator of a storage tank, except a storage tank containing a petroleum product used solely for the purpose of heating a premises, shall measure the liquid level in the storage tank at least once each week in conformance with subsections (5) and (7) by a method acceptable to the Minister.

65(4)Subject to subsections (1) and (6), the owner or operator of a storage tank, except a storage tank containing a petroleum product used solely for the purpose of heating a premises, shall measure the level of water at the bottom of the storage tank at least once each week in conformance with subsections (5) and (7) by a method acceptable to the Minister.

65(5)The person taking the measurements referred to in subsection (1), (2), (3) or (4) shall immediately reconcile them with receipt and issue records and, where available, meter readings and shall record the findings on a form approved by the Minister.

65(6)The owner or operator of a storage tank containing waste petroleum product shall measure the level of the waste petroleum product in the storage tank and the level of water at the bottom of the tank at the end of the last business day in each week and at the beginning of the first business day in each week by a method acceptable to the Minister and shall, on the first business day of each week, reconcile the readings taken that day with those taken on the last business day of the previous week and record the findings on a form approved by the Minister.

65(7)Where a loss of liquid or a gain of water of five millimetres or greater is indicated by the reconciliation made under subsection (5) or (6) or where the level of water at the bottom of an underground storage tank exceeds fifty millimetres the owner or operator of the system shall immediately take corrective action in accordance with section 44.

65(8)A record for each storage tank showing the measurements required under subsection (1), (2), (3), (4) or (6), the records required under subsections (5) and (6) and a record of the computation of any loss of liquid or gain of water shall be kept on a form approved by the Minister and shall be retained for a period of at least two years for immediate examination by the Minister.

65(9)Where a dipstick is used in making the measurements under this section, it shall be marked in increments of no greater than ten millimetres.

65(10)No person shall use an electronic or other storage tank liquid level gauge to make the measurements under this section unless the gauge is approved by the Minister before use.

67(1)A person may store waste petroleum product, in quantities that do not exceed the quantities permitted under subsection (2), by placing it in a sealed tank that is not a storage tank, or in a sealed drum, in accordance with section 68, until the product is removed from the site for recycling or disposal in a manner acceptable to the Minister.

67(2)The maximum quantities of waste petroleum product that may be stored under subsection (1) are

68(1)Notwithstanding any other provision of this Regulation except subsection (2), a person storing waste petroleum product shall store it outside buildings, pending final disposal, at a location free of sources of ignition and at least one and one-half metres away from building openings, except that the person may convey the waste petroleum product from the inside to the outside of a building by means of a pipe that is equipped with a means acceptable to the Minister of preventing flammable vapours from entering the building through the pipe.

68(2)A person may store used lubricating oil inside a building, pending final disposal.

68(3)No person shall apply waste petroleum product to a public or private highway, lane, trail, bridge, park, parking area, drive-in theatre, yard, beach, landfill site or any other ground surface for the purpose of suppressing dust or for any other purpose.

69(1)No person shall dispense a petroleum product into a storage tank or container that has a vent until that person has checked the vent and ensured that it is unobstructed.

69(2)A person dispensing a petroleum product into a storage tank or container that has a vent and who has reason to believe that the vent has become obstructed shall immediately cease dispensing the liquid into the storage tank or container and shall not resume dispensing the liquid until the obstruction has been removed.

69(3)A person becoming aware of an obstruction in the vent of a storage tank or container for a petroleum product shall immediately notify the owner of, or the operator of the storage tank or container.

77(1)An aboveground storage tank shall rest on a foundation on the ground or on supports on the ground made of concrete, masonry, piling or steel in conformance with Appendix E of API Standard 650, “Welded Steel Tanks For Oil Storage” (March, 1975) and Appendices B and N of API Standard 620, “Recommended Rules For Design And Construction Of Large, Welded, Low-Pressure Storage Tanks” (July, 1973).

77(2)Tank supports shall be installed on firm foundations designed to minimize uneven settling of the tank and to minimize corrosion of the part of the tank resting on the foundation.

84(1)Connections to an aboveground storage tank at any level below the highest level to which the liquid will rise shall be provided with valves located as close as practicable to the shell.

84(2)Valves and their connections to a storage tank shall be made of steel, except that when the chemical characteristics of the liquid stored are incompatible with steel, materials other than steel shall be used.

84(3)Materials for valves and their connections to a storage tank shall be suitable for the pressures, stresses and temperatures to which they will be subjected and as specified in the design.

88(1)Subject to subsection (2), the distance between a storage tank shell and the centre line of a dike shall be at least three thousand millimetres or one-half the tank height, whichever is greater.

88(2)For a storage tank having a capacity not exceeding one hundred and forty-one thousand litres, the distance required in subsection (1) may be reduced to one thousand five hundred millimetres where acceptable to the Minister.

89(1)A dike surrounding only one storage tank shall have a capacity sufficient to contain a volume of liquid at least ten per cent greater than the volume of the tank and in addition shall have at least one hundred and fifty millimetres of freeboard.

89(2)Subject to subsection (3), a dike surrounding more than one storage tank shall have

90(1)The walls and floor of a dike and diked area, including any interconnecting channel and the area beneath a storage tank, shall be

90(2)The impermeable layer of the walls and floor of a dike and diked area made of earth, clay or other natural material shall be at least four hundred millimetres thick.

90(3)Where necessary, the water table shall be lowered before construction of a dike or diked area and shall be kept lowered so that no portion of a dike or diked area, including any interconnecting channel and the area beneath an aboveground storage tank, is below the water table at any time of the year.

90(4)No piping shall pass through the wall of a dike referred to in section 87 other than for the purpose of drainage or where the permission of the Minister has been obtained before construction of the piping.

90(5)Where piping passes through a wall of a dike as provided for in subsection (4), the passage shall be designed, constructed and maintained to prevent seepage from the diked area and excess pressure or stress on the piping as a result of settlement or fire exposure.

90(6)Subject to subsection (4), piping passing from one side of the wall of a dike to the other shall pass over the wall and shall be constructed and supported so that leakage from the piping cannot occur.

92(1)Subject to subsection (3), the walls of a dike referred to in section 87 shall not exceed an average height of one thousand eight hundred millimetres above the ground level of the interior of the diked area.

92(2)One or more permanent stairways shall be erected and maintained over a dike referred to in subsection (1) and the diked area shall be designed to facilitate access to storage tanks, valves and other equipment and safe egress from the diked area.

92(3)The walls of a dike may exceed the height provided for in subsection (1) if one or more permanent stairways are erected and maintained over the dike and if provisions acceptable to the Minister are made to facilitate access to the storage tank, valves and other equipment and safe egress from the diked area.

96(1)Drainage ditches and interconnecting channels shall be

96(2)Subject to subsection (1), a drainage pipe from a diked area shall

96(3)A drainage arrangement different from the one required under subsection (2) may be required by the Minister or used with the consent of the Minister.

96(4)A loading or unloading area, dispensing area, delivery rack, pump base, air eliminator, container storage area, waste collection area or other area where a petroleum product may be spilled shall be situated on an impermeable floor that slopes to a drain.

96(5)A drain referred to in subsection (4) shall be connected to a separator that is designed and used to separate free petroleum product from water.

96(6)The owner or operator of a system referred to in subsection (5) shall

99(1)An underground storage tank shall be located so that foundations of existing buildings will not be undermined during excavation and so that loads from building foundations and supports are not transmitted to the tank.

99(2)An underground storage tank shall be located at least six hundred millimetres from any adjacent tank, one thousand millimetres from a building, street line or right-of-way line and one thousand five hundred millimetres from other property lines.

100(1)Except as required under subsections (2) to (4), an underground storage tank shall be installed with at least six hundred millimetres of ground cover over the tank.

100(2)Except as provided in subsection (3), a storage tank subjected to vehicular traffic shall be installed with at least one metre of ground cover over the tank.

100(3)A reinforced concrete slab one hundred and fifty millimetres thick or an unreinforced concrete slab two hundred millimetres thick covered with at least four hundred and fifty millimetres of sand may be used instead of the ground cover described in subsection (2) if the slab extends at least three hundred millimetres beyond the storage tank in every direction.

100(4)Where subsurface conditions make it impracticable to install a storage tank totally below adjacent ground level, an underground storage tank may be installed so that at least

100(5)The area above a storage tank installed under subsection (4) shall be marked to indicate clearly the presence of the underground storage tank and shall be protected from damage.

101(1)The installer of an underground storage tank shall inspect the tank before installation and shall repair any damage to the protective coating immediately before the tank is lowered into the excavation.

101(2)Any damage to an underground storage tank that occurs during installation shall be repaired by the installer before backfilling.

102(1)An underground storage tank shall be lowered into the excavation by the use of lifting lugs and hooks and also, where necessary, spreader bars to prevent damage to the tank.

102(2)No method of handling that might result in damage to a storage tank or to the protective coating of a storage tank shall be used.

103(1)Subject to subsection (2), a steel storage tank shall be supported on clean compacted sand at least one hundred and fifty millimetres deep and shall be backfilled on all sides including the top with at least three hundred millimetres of clean sand that is free of clay, cinders, stones and any foreign matter and that is compacted in layers not greater than three hundred millimetres thick.

103(2)Where acceptable to the Minister, grade B gravel, stone dust or screenings may be substituted for the sand required under subsection (1).

103(3)An underground plastic storage tank shall be supported on pea gravel or clean crushed stone at least three hundred millimetres deep and shall be backfilled on all sides including the top with at least three hundred millimetres of pea gravel or clean crushed stone that is free of any foreign matter.

103(4)A steel underground storage tank shall not be placed in direct contact with a reinforced concrete anchor slab but shall be separated by a minimum of one hundred and fifty millimetres of compacted sand or other suitable material to distribute evenly the mass of the tank on the supporting base.

105(1)A petroleum product shall not be placed in an underground storage tank until the tank has been secured, the fill pipe and vent line have been installed in the tank and all other openings have been sealed.

105(2)If a spillage occurs, the escaped liquid and all soil contaminated by the spill shall be removed before completion of the backfilling in conformance with sections 250 to 253.

106(1)Where a high water table is anticipated, an underground storage tank shall be protected against uplift forces with hold down straps and anchor slab or deadmen.

106(2)The hold down straps, anchor slab and deadmen required under subsection (1) shall be designed to resist uplift due to hydrostatic forces when the tank is empty.

106(3)The hold down straps required under subsection (1) shall be installed and tightened so as not to damage the tank or the protective coating on the tank.

108(1)Subject to subsection (3), underground steel storage tanks and associated piping and fittings subject to corrosion shall be protected in conformance with CAN4-S603.1-M85, “Standard For Galvanic Corrosion Protection Systems For Steel Underground Tanks For Flammable And Combustible Liquids”.

108(2)Underground plastic storage tanks and associated piping and fittings shall be in conformance with CAN4-S615-M83, “Standard For Reinforced Plastic Underground Tanks For Petroleum Products” and, where associated piping or fittings are subject to corrosion, shall be protected in conformance with subsection (1).

108(3)Electrical voltage readings showing the existence of the corrosion protection referred to in subsection (1) shall be taken every twelve months and records kept until the storage tank is disposed of in accordance with Part XIV.

108(4)Where new steel storage tanks or associated piping or fittings subject to corrosion are introduced into an installed system, they shall be electrically isolated from the remainder of the system and shall be protected in conformance with subsection (1).

111(1)A vent pipe outlet from an underground storage tank containing a flammable liquid shall

111(2)Vent piping from an underground storage tank for a petroleum product shall not be obstructed by any device that may cause excessive back pressure.

111(3)Vent pipes from an underground storage tank for a combustible liquid may be fitted with return bends, coarse screens or other devices to minimize the entry of foreign material and shall extend two thousand millimetres above adjacent ground level.

111(4)Vent pipes from an underground storage tank for a flammable liquid shall not be fitted with return bends and may be fitted with rain caps or other devices to minimize the entry of foreign material.

114(1)Subject to subsection (2), where vent piping connects two or more storage tanks, piping sizes shall be designed to vent the combined vapours produced in the connected underground storage tanks without exceeding the allowable stresses of the tanks when being filled or emptied simultaneously.

114(2)Where it is not possible to fill the connected storage tanks referred to in subsection (1) simultaneously, or where the connected vents have a vapour recovery system, the vent piping shall be of a size sufficient to accommodate the maximum vapour flow possible in the system.

118(1)Fill piping and discharge piping shall enter an underground storage tank only through the top of the tank and discharge piping used in a suction system shall be sloped toward the storage tank.

118(2)A remote fill outlet from an underground storage tank shall not be located higher than other outlets from the tank.

119(1)Connections used as part of normal operating conditions for filling or emptying an underground storage tank shall be kept closed to prevent leakage when not in use.

119(2)Connections referred to in subsection (1) shall be identified in conformance with PACE Report No. 79.1, “Product Identification Guidelines”.

127(1)Connections for all openings in a storage tank inside a building shall be liquid and vapour tight.

127(2)A connection to a storage tank through which liquid can flow shall be provided with a valve located as close as practicable to the tank.

128(1)An opening that is independent of the fill pipe and is used for measuring the liquid level in a storage tank containing a petroleum product shall be equipped with a liquid and vapour tight cap which shall be opened only when measuring the liquid level.

128(2)An opening referred to in subsection (1) shall be protected against overflow and vapour pressure by means of a spring-loaded check valve.

131(1)This Part applies to piping and pumping systems for petroleum products.

131(2)Except where otherwise stated in this Part, this Part does not apply to the following:

133(1)Materials for a piping system for a petroleum product shall be suitable for the maximum anticipated working pressures and operating temperatures and for the chemical properties of the product.

133(2)Subject to subsection (3), materials for a piping system referred to in subsection (1) that are subject to failure from internal stress or rupture by mechanical damage and combustible or low-melting point materials that are subject to failure even in moderate fires shall not be used.

133(3)A piping system conforming to ULC-C107C-M1984, “Guide For Glass Fibre Reinforced Plastic Pipe and Fittings For Flammable Liquids” may be used for an underground installation.

134(1)Subject to subsection (2), where steel piping, including welded and seamless grades, is used, it shall meet the requirements of

134(2)Where service pressures exceeding eight hundred and seventy five kilopascals above atmospheric pressure may occur, piping and fittings shall be designed in conformance with ANSI B31.3-1976, “Chemical Plant and Petroleum Refinery Piping” as amended by ANSI/ASME B31.3e-1980, “addenda to Chemical Plant and Petroleum Refinery Piping”.

139(1)Plans showing a piping system for a petroleum product, including tank and pumping arrangements, shall be made available to the Minister on the Minister’s request.

139(2)Sets of plans referred to in subsection (1) shall be kept at two separate locations.

141(1)Welding of piping for a petroleum product shall conform to the appropriate requirements under the Boiler and Pressure Vessel Act.

141(2)Flanged joints for piping referred to in section 140 shall be provided in welded systems at intervals that will facilitate dismantling and avoid subsequent in-place cutting and welding operations.

142(1)Subject to subsection (2), flanged joints for piping referred to in section 141 shall be made with forged or cast steel flanges designed, constructed and installed in conformance with ANSI B16.5-1973, “Steel Pipe Flanges, Flanged Valves, and Fittings”.

142(2)Bronze flanges for two hundred and fifty millimetre or smaller size piping referred to in section 141 may be used where copper and brass piping is permitted.

145(1)Subject to subsection (2), a piping system, including one at a service station or marina, shall be tested for leakage by a test method acceptable to the Minister before backfilling at the time of installation and whenever a leak is suspected.

145(2)An exposed piping system in service may be visually inspected for leakage in conformance with section 259.

147(1)Subject to subsection (2), if a leak is detected in a piping system during the leakage test or inspection referred to in section 145, the piping system shall be repaired or replaced and the escaped liquid shall be removed forthwith in conformance with sections 250 to 253.

147(2)If a leak detected under subsection (1) is due to corrosion, the entire piping system shall be replaced.

154(1)Aboveground outdoor piping shall be supported and arranged to prevent excessive vibration and stress on the piping and on equipment connected to it.

154(2)Where vehicular impact or other physical damage is possible, protective guarding devices shall be provided for piping referred to in subsection (1) and for fill and vent piping for storage tanks.

155(1)Aboveground outdoor piping shall not be located on the exterior of walls except on those of noncombustible construction, and in no case shall such piping be located above windows.

155(2)Aboveground outdoor piping may be located above roofs only when the roofs are of noncombustible and impermeable construction, with provision for the collection of accidental spillage provided in conformance with sections 250 to 253.

157(1)All underground piping shall be supported on at least one hundred and fifty millimetres of clean compacted sand, pea gravel or washed, crushed stone in conformance with the manufacturer’s specifications.

157(2)Underground steel piping shall be backfilled on the top and sides with at least three hundred millimetres of clean compacted sand, free of clay, cinders, stones and any foreign matter and compacted in layers not greater than three hundred millimetres thick, in accordance with the manufacturer’s recommendations.

157(3)Underground fiberglass piping shall be backfilled on the top and sides with at least three hundred millimetres of pea gravel or clean crushed stone, in accordance with the manufacturer’s recommendations.

159(1)Piping shall be located aboveground where the piping enters a building.

159(2)Piping referred to in subsection (1) shall be provided with inside and outside control valves.

159(3)Where piping referred to in subsection (1) passes through a wall that would restrict the expansion or contraction of the piping, pipe sleeves shall be provided at the wall penetration to facilitate such movement.

161(1)Provision shall be made for thermal expansion and contraction in the design of a piping system.

161(2)Flexible hose connectors conforming to CAN4-S633-M90, “Flexible Underground Hose Connectors For Flammable And Combustible Liquids” may be used where necessary in a system carrying a petroleum product in order to prevent excessive stresses resulting from vibration, settling or temperature changes.

162(1)Subject to subsection (2), valves in a piping system shall be designed to accommodate the temperatures and pressures of the system and shall conform to ULC-C842-M1984, “Guide For The Investigation Of Valves For Flammable And Combustible Liquids”.

162(2)Hose nozzle and emergency valves shall conform to ULC-S620-M1980, “Standard For Valves For Flammable And Combustible Liquids”.

163(1)Shutoff valves shall be provided in all piping and pumping systems.

163(2)Where practicable, a valve referred to in subsection (1) shall be located outdoors or be immediately accessible from outdoors.

163(3)A steel shutoff valve shall be provided

166(1)A diaphragm valve shall have no direct connection between the liquid and air section that might permit leakage of the liquid past the packing into the air line.

166(2)A globe valve shall be arranged so that the packing is on the low pressure side.

166(3)A rising stem or other indicating-type valve shall be used where necessary to determine whether a valve is open or shut.

167(1)All aboveground valves shall be identified so that

167(2)An identification tag required under subsection (1) shall

170(1)A pit for a subsurface pump for a piping system or for piping connected to a submersible pump shall be designed to withstand the forces to which it may be subjected without causing damage to the system.

170(2)A pit provided in conformance with subsection (1) shall not be larger than necessary for inspection and maintenance and shall be provided with a cover.

170(3)A pit referred to in subsection (1) shall be vented to prevent the buildup of vapours.

172(1)Subject to subsection (6), maintenance shall not be carried out on a piping system while it is under pressure.

172(2)All petroleum product shall be drained from the piping system before connections or piping are opened.

172(3)Where equipment for handling a petroleum product must be repaired, it shall be removed from the system and taken to maintenance areas when possible.

172(4)Tags and lockouts shall be attached to all valves on piping systems that are shut off for maintenance purposes to indicate that such valves are not to be opened.

172(5)Subject to section 246, piping that has been used for the transfer of a petroleum product shall be removed or capped when it is no longer intended to be used.

172(6)Connections to pressurized piping systems shall be made in conformance with the practice

172.1(1)The owner and the operator of an aboveground piping system shall ensure that a visual inspection is made on each day of operation of the system to detect leakage and shall keep a record of the inspection on the premises for at least two years for immediate inspection by the Minister.

172.1(2)Where necessary, the owner and the operator of an aboveground piping system shall ensure that vapour indicators are used to detect leakage.

178(1)Every container for a petroleum product at a retail outlet or marina shall be kept tightly closed when disconnected from its pumping apparatus.

178(2)Every container referred to in subsection (1) that is equipped with a pump shall have a liquid and vapour tight connection between the pump and the container.

180(1)Subject to subsection (2), all piping associated with a petroleum product storage tank shall be made of steel and shall conform to AP1 Spec 5L, “Specificiation For Line Pipe” (March, 1975), ASTM A53-86, “Standard Specification for Pipe, Steel, Black And Hot-Dipped, Zinc-Coated Welded And Seamless” or CAN3-Z245.1-M86, “Steel Line Pipe”.

180(2)A non-metallic piping system conforming to ULC-C107C-M1984, “Guide For Glass Fibre Reinforced Plastic Pipe And Fittings For Flammable Liquids” may be used for underground installations.

184(1)Subject to subsection (2), fixed dispensing equipment for a petroleum product shall conform to CSA-B346-M1950, “Power-Operated Dispensing Devices for Flammable Liquids”.

184(2)Where flow rates from dispensing equipment conforming to the standard referred to in subsection (1) are not adequate for the intended application, other dispensing equipment acceptable to the Minister may be used.

186(1)Devices to shut off the power to all dispensing units shall be provided at a location remote from the dispensing units or shielded from any fire that might occur at the dispensing units.

186(2)A shutoff device required under subsection (1) shall be clearly identified and easily accessible.

188(1)Subject to subsection (2), a hose through which a petroleum product is dispensed at a retail outlet shall not exceed four thousand five hundred millimetres in length.

188(2)Where a retracting mechanism is used, a hose referred to in subsection (1) shall not exceed six metres in extended length.

188(3)A retracting mechanism shall be kept retracted when not in use.

189(1)A hose nozzle valve through which a petroleum product having a flash point below sixty degrees Celsius is dispensed by a motorized dispensing unit into a vehicle tank shall conform to ULC-S620-M1980, “Standard For Valves For Flammable And Combustible Liquids” and shall be constructed so that the valve

189(2)A dispensing nozzle at a self-service outlet or marina shall be an automatic closing type without a hold-open device and shall conform to ULC-S620-M1980, “Standard For Valves For Flammable And Combustible Liquids”.

189(3)A hose for equipment referred to in subsections (1) and (2) shall conform to CAN4-S612-M83, “Standard For Hose Materials For Conducting Flammable and Combustible Liquids”.

191(1)Subject to subsection (2), every retail outlet and marina shall have at least one attendant on duty when the station is open for business.

191(2)A retail outlet or marina that does not serve the general public does not require an attendant if all users of the dispenser have been instructed in the proper procedures for operation of the dispenser by the owner or operator.

194(1)A central control office shall be provided at a self-service outlet at a distance of not more than eighteen metres from each dispensing unit so that the attendant has an unobstructed view of all units at the same time.

194(2)A two-way communication system between a central control office and each pump island shall be provided at a self-service outlet.

194(3)A central control office referred to in subsection (1) shall be equipped with controls to regulate the operation of each dispensing unit.

195(1)Special type dispensing units including coin operated, card operated and remote preset units may not be located at self-service outlets unless there is at least one qualified attendant on duty for each twelve hoses that can be operated simultaneously while the outlet is open to the public.

195(2)Special type dispensing units described in subsection (1) may be located only at self-service outlets of retail outlets or marinas or at retail outlets or marinas that do not serve the general public.

202(1)Where a shore location would result in an excessively long supply line to the dispenser, a temporary storage tank may be installed on a pier if

202(2)A temporary installation referred to in subsection (1) shall be removed each autumn before freeze-up.

203(1)Subject to section 202 and subsection (3), a storage tank supplying a marina shall be an underground storage tank complying with this Regulation unless the Minister consents in writing to the use of an aboveground storage tank.

203(2)Subject to section 202, no underground storage tank at a marina shall be located at a distance of less than four thousand five hundred millimetres measured horizontally above the high-water mark or, in tidal areas, above the highest high-water mark.

203(3)A storage tank located on shore and supplying a marina may be located aboveground where rock or a high-water table makes an underground tank impractical.

203(4)Subject to section 202, an aboveground storage tank at a marina shall be installed so that it is above and protected from any ice or debris damage that may result from a one in one hundred year flood, but in no case shall the tank be less than four thousand five hundred millimetres measured horizontally above the high-water mark or, in tidal areas, above the highest high-water mark.

204(1)The dispensing unit at a marina shall be at a location that will permit safe access by water-craft and shall be firmly installed on shore or on a strong dock, wharf, pier or pontoon.

204(2)No operational dispensing unit connected to a storage tank shall be located on shore below the high-water mark or, in tidal areas, the highest high-water mark at a time when the dispensing unit may be subjected to flooding or ice or debris damage.

204(3)No dispensing unit installed on a dock, wharf or pier at or below the high-water mark or, in tidal areas, the highest high-water mark shall be connected to a storage tank at a time when the dock, wharf or pier may be subjected to flooding or ice or debris damage.

204(4)No dispensing unit installed on a pontoon shall be connected to a storage tank at a time when a rise in water level may cause damage to the pontoon or any part of the system or may cause leakage of a petroleum product.

204(5)At any time that a dispensing unit is disconnected from a storage tank, the lines connecting the storage tank to the dispensing unit shall be securely capped, locked and protected from physical damage.

204(6)Where a retracting mechanism is used, the length of extended hose at a marina may exceed the length provided for in subsection 188(2).

213(1)A pump referred to in section 210 shall be securely anchored and protected against damage from vehicles.

213(2)An emergency valve conforming to ULC-S620-M1980, “Standard For Valves For Flammable And Combustible Liquids” and incorporating a fusible element having a maximum temperature rating of seventy-one degrees Celsius shall be installed in the supply line so that the shear point of the valve is at a level not more than twenty-five millimetres below the base of the dispensing unit.

213(3)An emergency valve required under subsection (2) shall close automatically in the event of severe impact to the dispensing unit.

213(4)An emergency valve required under subsection (2) shall be maintained in operating condition and serviced at least once every twelve months.

213(5)A remote pumping system shall be fitted with an automatic leak detection device on the pressure side of the system.

213(6)A remote pumping system shall be fitted with a device that will indicate on the control console, where applicable, that the device is activated.

214(1)A pump installed aboveground and outside a building shall be located at least three metres from any property line and one and one-half metres from any building opening.

214(2)Where an outside pump location is impracticable, a pump may be installed inside a building as provided in section 169 or in a pit as provided in section 170.

220(1)Containers for a petroleum product stored inside a building shall be arranged in conformance with the National Fire Code of Canada 1990.

220(2)Containers for a petroleum product stored outdoors shall be stored in conformance with the National Fire Code of Canada 1990 except that the distance between a pile of containers and any property line and the distance between piles of containers does not apply where the containers are stored in an area that does not present a hazard to neighbouring property.

222(1)A bulk plant shall be surrounded by a firmly anchored fence.

222(2)A fence required under subsection (1) shall be substantially constructed to discourage climbing, with a minimum height of one thousand eight hundred millimetres and with two gates that shall be locked when the bulk plant is not in operation or when the enclosure is not supervised by personnel.

224(1)A dispensing system serving the general public by dispensing a petroleum product into the fuel tank of a vehicle shall not be located at a bulk plant unless it is separated by a fence or equivalent barrier from the area in which the bulk plant operation is conducted.

224(2)Where a dispensing system referred to in subsection (1) is supplied from an aboveground storage tank

225(1)A system through which tank cars or tank vehicles discharge into an aboveground storage tank by means of pumps shall be provided with check valves conforming to sections 163 to 167.

225(2)A system referred to in subsection (1) shall be designed, installed and maintained to prevent leakage or spillage.

225(3)Isolation valves provided to a system referred to in subsection (1) shall be kept closed when the system is unattended.

226(1)A valve installed to control the filling of tank vehicles shall be of the self-closing type when used for a petroleum product.

226(2)A control valve referred to in subsection (1) shall be held open manually, except where an automatic device is provided for shutting off the flow when the vehicle is full or filled to a preset amount.

230(1)The owner or the operator of a system that is out of service at the commencement of this Regulation shall notify the Minister by telephone, within sixty days after the commencement of this Regulation, shall provide any information requested by the Minister and shall comply with the applicable provisions of this Part.

230(2)When an underground storage tank system is to be out of service for a period of more than seven days, the owner or the operator of the system shall notify the Minister by telephone before the tank goes out of service, shall provide any information requested by the Minister and shall comply with the applicable provisions of this Part.

234(1)When an aboveground storage tank system is to be out of service for a period of more than seven days but not more than one hundred and eighty days, the owner or the operator shall