Acts and Regulations

87-97 - Petroleum Product Storage and Handling

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 87-97
under the
Clean Environment Act
(O.C. 87-646)
Filed July 30, 1987
Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Petroleum Product Storage and Handling Regulation - Clean Environment Act.
2In this Regulation
“aboveground storage tank” means a storage tank other than an underground storage tank;(réservoir de stockage hors-sol)
“Act” means the Clean Environment Act;(Loi)
“atmospheric storage tank” means a storage tank designed to operate at pressures from atmospheric pressure to three and one-half kilopascals above atmospheric pressure;(réservoir de stockage sous pression atmosphérique)
“body of water” means a creek, stream, river, ocean, pond, lake, aquifer, well, reservoir, water pipe, ground water occurrence or any other such accumulation of or conduit of water whether above or below ground and includes a dry watercourse;(étendue d’eau réceptive)
“boiler” means an appliance intended to supply hot water or steam for space heating, processing or power purposes;(chaudière)
“building” means a structure used or intended to be used for supporting or sheltering any use or occupancy;(bâtiment)
“bulk plant” means a system used or intended to be used by a wholesaler for the primary purpose of storage of a petroleum product that is to be delivered to a retail outlet or directly to a consumer by pipeline, tank vessel, tank vehicle or other container;(installation de produits pétroliers en vrac)
“cathodic protection” means a method of preventing corrosion to a metal surface by causing the surface to act as the cathode of an electrochemical cell;(protection cathodique)
“commence operations” means to begin dispensing a petroleum product from a storage tank for the purpose for which the petroleum product is intended;(débuter les opérations)
“crude oil” means unrefined petroleum product;(pétrole brut)
“dispenser” means a stationary device used to deliver or pump a petroleum product from a storage tank;(distributeur)
“dispensing unit” means a dispenser;(unité de distribution)
“distillery” means an industrial occupancy where flammable liquids produced by fermentation are concentrated and where the concentrated products may be mixed, stored or packaged;(distillerie)
“drum” means a container having a capacity of less than two hundred and thirty litres but more than thirty litres;(fût)
“emergency situation” means an unforeseen circumstance in which the excavation of a storage tank is required without delay in order to protect the environment or the safety, health or welfare of the public;(état d’urgence)
“flash point” means the minimum temperature at which a liquid within a container gives off vapour in sufficient concentration to form an ignitable mixture with air near the surface of the liquid;(point d’éclair)
“freeboard” means the vertical distance between the maximum elevation of the surface of the liquid in a dike and the minimum top elevation of the sides of a dike;(franc board)
“industrial occupancy” means the occupancy or use of a building or property or part of a building or property for assembling, fabricating, manufacturing, processing, repairing or storing of goods and materials;(occupation industrielle)
“low pressure storage tank” means a storage tank designed to operate at gauge pressures from three and one-half kilopascals to one hundred kilopascals;(réservoir de stockage à basse pression)
“lubricating oil” means a petroleum based oil that is being or is intended to be used primarily as a lubricant in combustion engines, turbines, transmissions, gearboxes, hydraulic equipment and other similar equipment;(huile lubrifiant)
“marina” means a premises at which a petroleum product is put or intended to be put into the fuel tank of water-craft or aircraft equipped to float on water;(marina)
“nominal capacity” means the capacity established by the manufacturer for a storage tank;(capacité nominale)
“non-combustible construction” means that type of construction in which a degree of fire safety is attained by the use of materials for structural members and other building assemblies that cannot be burned;(construction incombustible)
“operator” means the person responsible for the day-to-day maintenance and operation or who has the care, control or management of a system;(exploitant)
“out of service” in reference to a storage tank or system means a storage tank or system that has ceased to be used for activities that may be undertaken with the tank or system as set out on the most recent licence issued under this Regulation or on a registration, relating to that tank or system, or a storage tank or system for which no valid licence has been issued as required under this Regulation and no valid registration has been issued;(hors d’usage)
“owner” means the person who has possessory right to a system;(propriétaire)
“petroleum product” means a mixture of hydrocarbons or their by-products, of any kind and in any form, including airplane fuel, asphalt, bunker “C” oil, crude oil, diesel fuel, engine oil, fuel oil, gasoline, kerosene, lubricants, mineral spirits, naptha, petroleum based solvents regardless of specific gravity, transformer oil and waste petroleum products and excluding propane and paint;(produit pétrolier)
“portable container” means a reusable container that has a capacity of thirty litres or less, but excludes a container that is an integral part of or permanently attached to any appliance, equipment or vehicle;(récipient portatif)
“prepackaged container” means a container not intended for reuse;(récipient non réutilisable)
“pressure vessel” means a storage tank designed to operate at pressures greater than one hundred kilopascals above atmospheric pressure;(appareils à pression)
“refinery” means an industrial occupancy in which refined petroleum products are produced on a commercial scale from crude petroleum, natural gas or other hydrocarbon sources;(raffinerie)
“registration” means a registration under the Water Quality Regulation;(enregistrement)
“retail outlet” means a place where petroleum products are kept or stored in order to be sold directly to the user and includes a self-service outlet and a service station;(point de vente au détail)
“self-service outlet” means a place where the consumer handles the dispensing unit;(libre-service)
“service station” means a place at which petroleum products are put or intended to be put into motor vehicles and includes a self-service outlet;(station-service)
“storage tank” means a closed container with a capacity greater than two hundred and thirty litres, used or intended to be used for containing a petroleum product and located in a stationary location and includes a temporary arrangement on cradles, skids or wheels;(réservoir de stockage)
“storage tank system” means a storage tank or tanks including valves, piping, pumps, dispensers and other components connected to the tank or tanks and includes any dike or diked area, drainage channels and drainage piping and a storage tank or tanks at a marina unless otherwise specifically dealt with;(installation de réservoirs de stockage)
“street” means any highway, road, boulevard, square or other improved thoroughfare nine metres or more in width that has been dedicated or conveyed for public use and is accessible to fire department vehicles and equipment;(rue)
“system” means a storage tank system;(installation)
“transfer facility” means a place used or intended to be used to transfer a petroleum product from a transport vehicle to a bulk plant, from a bulk plant to a transport vehicle or from one vehicle to another;(installation de transvasement)
“underground storage tank” means a storage tank that has ten per cent or more of its volume, including the volume of attached underground piping, below adjacent ground level;(réservoir de stockage souterrain)
“unstable liquid” means a liquid, including a liquid petroleum product, that is chemically reactive to the extent that it will vigorously react or decompose at or near normal temperature and pressure conditions or that is chemically unstable when subjected to impact;(liquide instable)
“used lubricating oil” means lubricating oil that has become unsuitable for its original purpose because of the presence of impurities or the loss of its original properties.(huile lubrifiante usée)
“vapour pressure” means the pressure exerted by a liquid as determined by ASTM D323-82, “Standard Test Method for Vapour Pressure of Petroleum Products (Reid Method)”;(pression de vapour)
“waste petroleum product” means a petroleum product, whether used or not, that is no longer suitable for use and includes a petroleum product being stored for the purpose of recycling;(produit pétrolier usagé)
“water-craft” means a craft designed to operate on water and includes aircraft equipped to float on water;
Water Quality Regulation means the Water Quality Regulation - Clean Environment Act, being New Brunswick Regulation 82-126 under the Clean Environment Act.(Règlement sur la qualité de l’eau)
93-14; 2002-20
I
APPLICATION
3This Regulation
(a) applies to
(i) the storage, handling and use of petroleum products as classified in section 5,
(ii) aboveground storage tank systems and underground storage tank systems, including valves, piping, pumps, dispensers and other components ancillary to the systems,
(iii) portable containers or prepackaged containers used to store or carry petroleum products,
(iv) bulk plants,
(v) marinas,
(vi) transfer facilities, and
(vii) dispensing units,
and associated equipment used in the operation of storage tank systems including, without restricting the foregoing, petroleum storage tank systems at bulk plants, industrial occupancies, refineries, chemical plants, distilleries, marinas, remote woodland operations and retail outlets,
(b) applies to the refusal, issue, transfer, suspension, cancellation, renewal and reinstatement of registrations, licences, permits and approvals relating to the storage, packaging, handling, dispensing, transfer, offering for sale and sale of petroleum products, and
(c) applies to the construction, alteration, modification, operation, location, repair, monitoring, testing, inspection, reactivation, reuse, removal and disposal of storage tank systems.
4This Regulation does not apply to
(a) oil-burning appliances within the scope of CAN/CGA-B139, “Installation Code for Oil Burning Equipment” (March, 1976), other than piping, remote pumps and other components ancillary to the storage tank system of the appliances,
(b) liquefied petroleum gas-burning appliances and equipment within the scope of CAN/CGA-B149.2-M86, “Propane Installation Code”,
(c) the production, storage, handling and use of liquefied natural gas within the scope of CSA Z276-M1981, “Liquefied Natural Gas (LNG) - Production, Storage and Handling”, and
(d) liquids such as certain halogenated hydrocarbons and mixtures containing hydrocarbons that are without flash points but that may be flammable under certain conditions.
5(1)For the purposes of this Regulation, a petroleum product is classified as
(a) a combustible liquid, being a liquid at atmospheric pressure and having a flash point at or above 37.8 degrees Celsius, or
(b) a flammable liquid, being a liquid at atmospheric pressure and having a flash point below 37.8 degrees Celsius and having a vapour pressure not exceeding 278.8 kilopascals absolute at 34.8 degrees Celsius.
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”.
5(4)Repealed: 2002, c.25, s.19
2002, c.25, s.19
II
LICENSING
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:
(a) a Class 1 retail outlet licence, for a business enterprise that has a system for the primary purpose of operating as a retail outlet, on or before October 1, 1988, and the system has a total capacity of not more than 50,000 litres;
(a.1) a Class 2 retail outlet licence, for a business enterprise that has a system for the primary purpose of operating as a retail outlet, on or before October 1, 1988, and the system has a total capacity of more than 50,000 litres;
(b) a government licence, for the Province, in relation to a system for the primary purpose of storing petroleum product for the Province, on or before October 1, 1988;
(c) a bulk plant licence, for a business enterprise that has a system for the primary purpose of operating as a bulk plant, on or before October 1, 1988;
(d) a marina licence, for a business enterprise that has a system for the primary purpose of operating as a marina, on or before October 1, 1988;
(e) a commercial industrial woodlands licence, for a business enterprise that has a system for the primary purpose of providing fuel for vehicles or equipment used by the enterprise or for heating premises used by the enterprise, on or before October 1, 1988;
(f) a farm licence, for an operation that has agriculture, silviculture, animal husbandry or aquaculture as its primary purpose and that has a system for the primary purpose of providing fuel for vehicles and equipment used in that operation or for heating a premises used by that operation, other than a residence, on or before April 1, 1989;
(g) a residential licence, for a building used or intended to be used for one or two separate dwelling units that has a system for the primary purpose of heating the premises, on or before April 1, 1992;
(h) a municipal government licence, for a municipal government that has a system for the primary purpose of storing petroleum product for that government, on or before October 1, 1988; or
(i) a not-for-profit licence, for a not-for-profit society or corporation that has a system for the primary purpose of providing fuel for heating premises used by the society or corporation, on or before October 1, 1988.
6(1.1)The total capacity of a system referred to in subsection (1) shall be determined by
(a) establishing the New Brunswick Geographic Information Corporation parcel index number of the parcel of land in or on which the system is located, and
(b) adding the capacities of all storage tanks at least fifty per cent of the volume of which is located inside the boundaries of the land to which the number applies,
regardless of whether all the storage tanks are owned by one owner or by more than one owner.
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.
88-51; 90-139; 93-14; 2005-10
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
(a) the system poses a serious threat of pollution, or
(b) the system is or will be used for more than one of the purposes referred to in paragraphs 6(1)(a) to (i).
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.
88-51; 93-14; 2009-120
8The Minister may cause an inspector to inspect a system to which an application for a licence relates.
9(1)After receiving an application for a licence the Minister shall, within a reasonable time
(a) issue to the applicant a licence subject to such terms and conditions as the Minister may require, including, without restricting the foregoing:
(i) specifying the activity or activities that may be undertaken under the licence;
(ii) requiring the regular reporting of the names, mailing addresses, residential addresses and telephone numbers of all operators of the system;
(iii) requiring the completion of specified work within a specified time period;
(iv) requiring specified testing, monitoring or maintenance work; and
(v) requiring the regular reporting of testing or monitoring data to the Minister,
(b) refuse to issue a licence, setting out in writing such terms and conditions as the Minister requires the applicant to meet in order for a licence to be issued under paragraph (a), or
(c) refuse to issue a licence, setting out the reasons in writing.
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.
88-51; 88-215; 93-14
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.
93-14
11A licence shall be issued in the name of the owner of the system to which it relates and is not transferrable except in accordance with section 21.
93-14
12A system shall be deemed to be licensed when the owner receives a licence from the Minister.
93-14
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.
13(7)Repealed: 93-14
13(8)Repealed: 93-14
88-215; 88-273; 93-14; 2005-10; 2012-27
14Subject to subsection 21(1) and subsection 237(1), the holder of a licence shall notify the Minister in writing of a change in any of the particulars appearing on the licence within seven days after the change and shall give full particulars of the change.
15The holder of a licence shall at all times display the licence in a conspicuous public location on the premises where the system to which the licence relates is located.
2008-4
16The owner of a retail outlet shall identify the operation by displaying on the front of the premises a sign bearing the operator’s name and the business name and nature of the business.
88-51
17A licence
(a) expires on the date indicated on the licence,
(b) is valid only for the system at the specific location set out on the application and indicated on the licence,
(c) is valid only for the activities to be undertaken as indicated on the licence, and
(d) is valid only for the owner indicated on the licence.
93-14
18No person shall place a petroleum product in a system referred to in subsection 6(1) unless that person has been shown the appropriate licence referred to in subsection 6(1) that is valid for that system, for the specific location, for the activities to be undertaken and for the owner as indicated on the licence or, on or before April 1, 1992, where the system is one described in paragraph 6(1)(g), has been shown a registration valid for that system.
90-139; 93-14
19The owner of every operation that delivers heating fuel oil shall, no later than the thirty-first day of August in each year, deliver to the Minister a list containing the name, address and system capacity of each customer who, during the previous twelve months, has received heating fuel oil from the operation and has stored it in a system having a total capacity of two thousand litres or more.
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).
88-51
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
(a) issue a new licence subject to such terms and conditions as the Minister may require,
(b) refuse to issue a new licence, setting out in writing such terms and conditions as the Minister may require the holder of the licence or, where applicable, the new owner or operator to meet in order for a licence to be issued, or
(c) refuse to issue a new licence, setting out in writing the reasons.
22The fee for the issue of a new licence under section 21 is fifteen dollars.
III
ENVIRONMENTAL APPROVAL
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).
93-14
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:
(a) the density and proximity of wells;
(b) the proximity of surface water bodies;
(c) the proximity of densely populated areas; and
(d) the presence in the area of geological, hydrogeological or environmental conditions, structures or animal, bird, aquatic or plant life that necessitate the taking of unusual precautions to prevent pollution of the environment.
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:
(a) location plans;
(b) site plans;
(c) storage capacities;
(d) technical reports;
(e) design bases and assumptions;
(f) engineer’s design, engineering plans, reports and specifications;
(g) schedules of construction or production;
(h) geological and hydrogeological test results;
(i) facilities;
(j) the intended mode of operation of components and systems;
(k) contingency plans;
(l) pollution control equipment;
(m) water and waste disposal plans and equipment; and
(n) personnel and procedures.
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.
2009-120
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
(a) require the applicant to publish notice of the application in The Royal Gazette or another publication required by the Minister, including in the notice the details of the application required by the Minister,
(b) require the applicant to serve a copy of the application upon the person or persons required by the Minister, or
(c) hold a public meeting, provide for submissions to be made and require the applicant to attend.
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.
28The Minister, if satisfied that
(a) a system must be excavated without delay in an emergency situation where there is a leak or a suspected leak of a petroleum product,
(b) a storage tank is being reactivated,
(c) a storage tank is being upgraded in order to meet requirements of the Minister under paragraph 9(1)(a) or subsection 10(4),
(d) routine maintenance work is being done on a system,
(e) a storage tank is being destroyed or disposed of without substitution,
(f) a new environmental approval is being issued under subsection 31(2), or
(g) the work to be done poses no serious threat of pollution,
may in the Minister’s discretion dispense with any requirements under this section, subsection 24(3) and sections 25 to 32.
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
(a) granting site approval to the applicant, permitting the applicant to continue to develop such detailed design as may be required by the Minister and setting out any terms and conditions, or
(b) denying the site approval and setting out the reasons.
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
(a) an application for an environmental approval on a form provided by the Minister,
(b) the design referred to in paragraph 29(1)(a), and
(c) copies of any studies or reports relevant to the application.
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:
(a) requiring changes in the design, construction, components, manner of installation, capacity or operation of the proposed system or site, including the requirement that the system meet standards more stringent than those required in this Regulation;
(b) requiring that a system be fitted with one or more automatic leak detection systems, monitoring devices or monitoring wells;
(c) requiring the applicant to file with the Minister engineering plans that comply with subsection 26(2);
(d) providing for an expiry date of twelve months or less;
(e) requiring the regular reporting of the names, mailing addresses, residential addresses and telephone numbers of all persons in charge of the operation of the system;
(f) requiring the applicant to notify the Minister of the commencement of backfilling of the system at least three days in advance; and
(g) requiring the applicant to obtain a licence before commencing operations.
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
(a) ensure that the work done on an installation complies with section 35, all other provisions of the Act and this Regulation and all other applicable legislation, and
(b) notify the Minister at least three full business days before starting the work on the system.
93-14
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
(a) issue a new environmental approval subject to such terms and conditions as the Minister may require,
(b) refuse to issue a new environmental approval, setting out in writing such terms and conditions as the Minister may require the holder of the approval or, where applicable, the proposed holder of the new approval to meet in order for a new approval to be issued, or
(c) refuse to issue a new environmental approval, setting out in writing the reasons.
31(3)The fee for an application for a new environmental approval under subsection (2) is fifteen dollars.
32Before commencing operations, an applicant who has been granted an environmental approval shall
(a) demonstrate to the Minister’s satisfaction compliance with any terms and conditions included on the environmental approval,
(b) demonstrate compliance with the Act, this Regulation and all other applicable legislation, and
(c) file with the Minister a certificate acceptable to the Minister, in which the licensed installer who did or supervised the work certifies that the work was done in accordance with any terms and conditions of the environmental approval and with the requirements of the Act, this Regulation and all other applicable legislation.
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).
34No work authorized by an environmental approval shall be done on a system after the expiry date shown on the environmental approval unless a new environmental approval is issued in accordance with this Regulation.
35(1)In this section and in sections 38 and 39
“business” means a sole proprietorship, an unincorporated association or organization, a partnership or a corporation, that does or holds itself out as doing any of the work referred to in subsection 23(1) in exchange for consideration;(activité commerciale)
“employee” means an individual employed by a business to carry out any work referred to in subsection 23(1) and, if the business is a sole proprietorship or a partnership, includes the owner of the sole proprietorship and a partner in the partnership.(employé)
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
(a) an employee of the holder of the business registration, and
(b) the holder of an installer’s licence issued under subsection 36(4).
93-14
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.
93-14
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(2)Repealed: 93-14
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.
93-14; 2005-10; 2012-27
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).
93-14
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.
93-14
39(1)The Minister, if satisfied that the holder of an installer’s licence has not complied with subsection 38(1), may
(a) cancel the licence, or
(b) suspend the licence subject to the doing of specified work by or under the supervision of the holder.
39(2)The Minister, if satisfied that the holder of a business registration has not complied with subsection 35(7) or 38(2), may
(a) cancel the registration, or
(b) suspend the registration subject to the doing of specified work by or under the supervision of an employee of the holder of the registration who is the holder of an installer’s licence issued under subsection 36(4).
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.
93-14
40Repealed: 93-14
93-14
IV
GENERAL ENFORCEMENT
41In this Part
“person responsible for the system” means
(a) the owner or operator of the system or any part of the system,
(b) a person responsible or who at any time was responsible for the construction, installation, alteration, modification, change in the capacity, reactivation, excavation, relocation, loading, filling, emptying, disassembling, removal, disposal or operation of the system or any part of the system,
(c) a person having the charge, management or control of the system or any part of the system,
(d) a person to whom a registration, licence, site approval or environmental approval has been issued with respect to the system, or
(e) any person who personally or by servants or agents installed the system and who
(i) is the lessor of part or all of the system or part or all of the lands or premises at which the system is located, or
(ii) is party to a contract with the owner or operator of the system whereby the owner or operator agrees to sell the product of that party in consideration of the conveyance of part or all of the system or part or all of the lands or premises at which the system is located.
42If a system is operated without a registration or a licence or contrary to the terms and conditions of a registration or a licence, is constructed, installed, altered, modified, changed in capacity, reactivated, excavated, disassembled, relocated, removed or disposed of without a site approval or environmental approval as required under Part III or contrary to any terms and conditions with respect to a site approval or an environmental approval or otherwise is operated contrary to or in violation of the Act or this Regulation, notwithstanding any other remedy that may be available, the Minister may direct that the operation or work be investigated or may order the person responsible for the system to terminate the operation of or to make such modifications to the system or the manner of operating the system as the Minister considers necessary.
43Any person who suspects or detects that a petroleum product is leaking or has leaked from a system or that water or other liquid is intruding or has intruded into a system shall immediately
(a) notify the Minister of the leak or possible leak by calling the Director, Environmental Protection Branch, Department of Environment and Local Government, Fredericton, New Brunswick, during normal office hours, or calling 1-800-565-1633, outside normal office hours, and provide the information requested by the person contacted, and
(b) notify the person responsible for the system.
88-51; 1998, c.41, s.21; 2000, c.26, s.41; 2006, c.16, s.28; 2012, c.39, s.37
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
(a) immediately report all leaks to the nearest fire prevention authority,
(b) arrange for recorded liquid medium tests acceptable to the Minister with readings at four hours and twelve hours after commencement of the test or at any other time, frequency or duration acceptable to or ordered by the Minister, on underground storage tanks and piping,
(c) ensure that all lines are pressure isolated from the tank before application of the line pressure test,
(d) where after completion of the liquid medium tests there is doubt as to whether or not there is a leak, arrange to uncover sufficient surface of the tank or line to permit visual inspection,
(e) arrange for immediate removal of leaking systems,
(f) take all steps reasonable in the circumstances to prevent further leakage,
(g) recover escaped petroleum product and remove product-contaminated soil before installing a replacement storage tank or line,
(h) subject to subsection (2), ensure that the pressure gauges used in the tests required by this subsection are calibrated in increments not greater than
(i) 1.0 kilopascals for the tank test, and
(ii) 10 kilopascals for the line pressure tests, and
(i) construct and monitor such observation wells as required by the Minister.
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.
2009-120
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
(a) direct that the system be inspected or investigated,
(b) order that a test different from that required under paragraph 44(1)(b) be performed,
(c) order that the operation of the system terminate,
(d) order that part or all of the system be excavated,
(e) order that part or all of the system be modified,
(f) order that the manner of operating the system be modified,
(g) order replacement of part or all of the system,
(h) order that contaminated soil be removed,
(i) order that contaminated water be decontaminated,
(j) order that a well or other water supply that has been contaminated by a petroleum product be replaced or substituted for, or
(k) make such other order as the Minister considers necessary.
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.
2009-120
46Repealed: 2009-120
2009-120
47Repealed: 2009-120
2009-120
48Repealed: 2009-120
2009-120
49Repealed: 2009-120
2009-120
50Repealed: 2009-120
2009-120
51In this Regulation any time limit set for the taking of any action or for the completion of any matter or thing by a person other than the Minister may be extended by the written consent of the Minister.
52Any notice or other document that is to be given to, filed with or served upon the Minister shall be sufficiently given, filed or served if it is delivered personally or mailed prepaid registered post to the Department of Environment and Local Government, P.O. Box 6000, Fredericton, New Brunswick, E3B 5H1.
1998, c.41, s.21; 2000, c.26, s.41; 2006, c.16, s.28; 2012, c.39, s.37
V
GENERAL STANDARDS
53The owner and the operator of every system shall ensure that the system is installed in conformance with and conforms to this Part, where applicable.
54(1)Every atmospheric storage tank installed after the commencement of this Regulation shall be built in conformance with the following:
(a) CAN4-S601-M84, “Standard For Shop Fabricated Steel Aboveground Horizontal Tanks For Flammable And Combustible Liquids”;
(a.1) CAN4-S630-M84, “Standard for Shop Fabricated Steel Aboveground Vertical Tanks for Flammable and Combustible Liquids”;
(a.2) ULC/ORD-C142.3-1991, “Contained Steel Aboveground Tank Assemblies For Flammable Liquids”;
(b) CAN4-S603-M85, “Standard For Steel Underground Tanks For Flammable And Combustible Liquids”;
(c) CAN4-S603.1-M85, “Standard For Galvanic Corrosion Protection Systems For Steel Underground Tanks For Flammable And Combustible Liquids”;
(d) CAN4-S615-M83, “Standard For Reinforced Plastic Underground Tanks For Petroleum Products”;
(e) API Standard 650, “Welded Steel Tanks For Oil Storage” (July, 1973);
(f) API-STD-12B, “Specification For Bolted Production Tanks” (May, 1958);
(g) API-STD-12D, “Specification For Large Field Welded Production Tanks” (August, 1957); or
(h) API-SPEC-12F, “Specification For Shop Welded Tanks for Storage of Production Liquids” (January, 1982).
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.
93-14
55Every low pressure storage tank installed after the commencement of this Regulation shall be constructed in conformance with
(a) API Standard 620, “Recommended Rules For Design and Construction of Large, Welded, Low-Pressure Storage Tanks” (July, 1973), or
(b) “Rules for Construction of Pressure Vessels”, Section VIII, Division 1 of the ASME Boiler And Pressure Vessel Code (July 1, 1986).
56An atmospheric storage tank shall not be used for the storage of a petroleum product at a temperature at or above its boiling point.
57Low pressure storage tanks and pressure vessels may be used as atmospheric storage tanks.
58The normal operating pressure of a storage tank shall not exceed its design pressure.
59The exposed surface of every aboveground storage tank for a petroleum product that is installed after the commencement of this Regulation and that is fabricated of any ferrous substance shall be thoroughly coated with rust-resisting material compatible with the tank and shall be cathodically protected in conformance with CAN4-S603.1-M85, “Standard For Galvanic Corrosion Protection Systems For Steel Underground Tanks For Flammable And Combustible Liquids”.
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.
93-14
61Records of tests referred to in section 60 shall be retained until the system has been disposed of.
62If a leak is detected in a storage tank during the leakage test referred to in section 60
(a) an underground storage tank shall be replaced,
(b) an aboveground storage tank shall be repaired, replaced or disposed of, and
(c) the escaped liquid and contaminated soil shall be removed by a method and to the degree acceptable to the Minister.
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.
88-51; 93-14; 2009-120
66Provision shall be made in areas where a petroleum product is dispensed to prevent spilled liquid from entering buildings or waterways by providing grading or curbing and drainage.
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
(a) for used lubricating oil, two thousand litres, and
(b) for waste petroleum product other than used lubricating oil, five hundred litres.
93-14; 2002-20
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.
93-14; 2002-20
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.
70Subject to Part X, at all times when a petroleum product is being dispensed, transferred, received, loaded into a conveyance, delivered or otherwise handled at, to or from a bulk plant or a storage tank, except in a drum or container in conformance with this Regulation, a person having a detailed working knowledge of the operation shall be in constant attendance at the place where the operation is being controlled and shall take all reasonable steps to eliminate spillage and other hazards and to ensure that spilled petroleum product is disposed of immediately and safely if a spill occurs.
93-14
71The owner or operator of a system shall make the system available at any time for such test or tests as the Minister may request.
VI
OUTSIDE ABOVEGROUND STORAGE TANK SYSTEMS
72This Part applies to aboveground storage tank systems installed outside buildings.
73The owner and the operator of an outside aboveground storage tank system shall ensure that the storage tank system is installed in conformance with and conforms to this Part.
74At the time of installation, an aboveground storage tank and associated piping shall be tested in conformance with sections 60 to 64 and 145 to 153.
93-14
75Every aboveground storage tank shall be permanently marked to identify clearly its contents and maximum capacity on at least three sides in lettering of a size sufficient to ensure legibility from at least four and one-half metres or from outside a diked area, whichever is the greater.
76In areas subject to earthquake forces, storage tank supports and connections shall be designed to resist such forces in conformance with the National Building Code of Canada 1985.
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.
78Except for steel saddles that are less than three hundred millimetres high at their highest point, supports for aboveground storage tanks shall provide a fire-resistance rating of at least two hours.
79Every storage tank shall be supported in a manner that will prevent the allowable design stress of the tank from being exceeded.
80No storage tank shall be located in an area that may be subjected to flooding.
81Atmospheric storage tanks and low pressure storage tanks shall be provided with normal and emergency venting in conformance with API Standard No. 2000, Third Edition, January, 1982, “Venting Atmospheric and Low-Pressure Storage Tanks” or with the tank design standards listed in subsection 54(1).
82Vent piping materials and construction shall conform to sections 134 to 136.
83Vent pipe outlets for a storage tank for a petroleum product shall be located outside buildings not less than three thousand five hundred millimetres above the adjacent ground level and not less than one thousand five hundred millimetres from any building opening and shall discharge so that petroleum product vapours will not enter the building or be trapped near any part of the building.
2009-120
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.
85An opening for measuring the liquid level in a storage tank for a petroleum product shall be equipped with a vapour tight cap or cover which shall be opened only when measuring the liquid level.
86A connection for filling or emptying a storage tank shall be identified to indicate the product for which the connection is to be used and shall be kept closed to prevent leakage when not in use.
87The area surrounding a storage tank or group of storage tanks shall be designed to accommodate accidental spillage by surrounding the storage tank or tanks with a dike in conformance with sections 88 to 94.
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
(a) at least one hundred and fifty millimetres of freeboard, and
(b) a capacity sufficient to contain a volume of liquid at least equal to the volume of the largest tank, and
(i) ten per cent of the total volume of all the other tanks, or
(ii) ten per cent of the volume of the largest tank,
whichever is greater.
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
(a) made of earth, steel, concrete or other material that is designed, constructed and maintained to be liquid tight to a permeability of 1 times 10-7 centimetres per second and to withstand the full hydrostatic head, in spite of atmospheric influences, and
(b) adequately protected to maintain their integrity during construction and servicing of the area.
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.
93-14
91The walls of every earth dike referred to in section 85 shall have a flat top at least six hundred millimetres wide, a height of at least six hundred millimetres and a slope consistent with the angle of repose of the material which in no case shall be less than two horizontal to one vertical.
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.
93Dike walls, drainage ditches and interconnecting channels shall be provided with suitable energy dissipation structures that are capable of controlling and absorbing erosive forces caused by changes in the elevation and direction of flow of the contents within a dike.
94Where the average height of the walls of a dike containing a petroleum product exceeds three thousand five hundred millimetres measured from the ground level of the interior of the diked area or the distance between a tank and the top inside edge of the dike wall is less than the height of the dike wall, provisions shall be made for the normal operation of valves and for access to roofs of aboveground storage tanks at a level above the top of the dike.
95Controls for a drainage system from a diked area shall be accessible under all conditions and be located outside the diked area.
96(1)Drainage ditches and interconnecting channels shall be
(a) designed to handle storm runoff resulting from a one in ten year storm or a ruptured pipeline, whichever is greater, and
(b) constructed and maintained so that erosion cannot occur.
96(2)Subject to subsection (1), a drainage pipe from a diked area shall
(a) have a slope of not less than one per cent,
(b) be equipped with a valve which shall be kept locked in a closed position except when opened during a supervised drainage operation,
(c) be routed through a separator that is designed to separate free petroleum product from water, and
(d) be discharged to a location and in a manner acceptable to the Minister.
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
(a) file with the Minister a description of the proposed means of removal and disposal of the petroleum product or sludge collected in the separator and its storage tank,
(b) after complying with paragraph (a), ensure that a separator and its storage tank required under this section are emptied of collected petroleum product or sludge before they fill beyond their capacity, and
(c) ensure that the clarified water is discharged to a location and in a manner acceptable to the Minister.
VII
UNDERGROUND STORAGE TANK SYSTEMS
97This Part applies to underground storage tank systems for a petroleum product.
98The owner and the operator of every underground storage tank system shall ensure that the system is installed in conformance with and conforms to this Part.
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
(a) fifty per cent of its volume is below adjacent ground level if there are at least one thousand millimetres of ground cover over the portion of the tank above adjacent ground level, or
(b) ten per cent or more, but less than fifty per cent, of its volume is below adjacent ground level if there are at least seven hundred and fifty millimetres of ground cover over the portion of the tank above adjacent ground level.
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.
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104At the time of installation, an underground storage tank and associated piping shall be tested in conformance with Part V.
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.
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107No underground storage tank that is structurally damaged shall be repaired on site and used for storage of a petroleum product unless
(a) the repair is done by the manufacturer,
(b) the manufacturer certifies in writing that the repaired tank meets the applicable manufacturing codes, and
(c) the condition of the repaired tank is acceptable to the Minister.
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).
109An underground storage tank shall be provided with vent openings and piping having a cross-sectional area sufficient to vent the tank during the maximum filling or withdrawal rate without causing the allowable stress for the tank to be exceeded.
110Vent piping materials and construction for underground storage tanks shall conform to Part IX.
111(1)A vent pipe outlet from an underground storage tank containing a flammable liquid shall
(a) be located outside buildings, and
(b) extend vertically to
(i) at least the height of the highest point in the delivery vehicle tank or at least three thousand five hundred millimetres above adjacent ground level, whichever is greater, where the tank is fitted with a tight fill adaptor on the fill pipe, or
(ii) at least three thousand five hundred millimetres above the adjacent ground level or the top of the fill pipe, whichever is greater, where the tank is not fitted with a tight fill adaptor on the fill pipe.
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.
112Vent piping shall enter a storage tank through the top of the tank and shall not extend into the tank more than twenty-five millimetres unless the vent is equipped with a vent alarm.
113Vent piping shall be installed so that any nominally horizontal run shall slope toward the storage tank, shall be constructed without traps, shall be adequately supported to prevent sagging and, where necessary, shall be protected against mechanical damage.
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.
115Vent piping for an underground storage tank containing a flammable liquid shall not be connected to vent piping for a storage tank containing a combustible liquid unless an effective arrangement is provided to prevent the vapours from the flammable liquid from entering the other tank.
116Connections for all openings in an underground storage tank shall be liquid and vapour tight.
117An opening for measuring the liquid level in an underground storage tank if independent of the fill pipe shall be equipped with a vapour and liquid tight cap or cover which shall be opened only when measuring the liquid level.
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”.
VIII
STORAGE TANK SYSTEMS INSIDE BUILDINGS
120This Part applies to storage tank systems for a petroleum product installed inside a building.
121The owner and the operator of a storage tank system referred to in section 120 shall ensure that the system is installed in conformance with and conforms to this Part.
122Subject to sections 126 and 127, no person shall install a storage tank, except a storage tank connected to a space heating appliance or to a stationary engine utilizing a combustible liquid, inside a building that is not used as an industrial occupancy.
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123A storage tank for a combustible liquid inside a building shall be
(a) diked and placed in a room with no floor drains, and
(b) securely anchored to prevent uplift in the event of flooding.
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124The static head imposed on a storage tank inside a building shall not exceed a pressure of seventy kilopascals above atmospheric pressure at the bottom of the tank when the vent or fill pipe is filled with liquid unless the tank is designed for greater pressures.
125A storage tank for a combustible liquid used as a fuel supply for stationary engines that are used or intended to be used to power emergency equipment shall be installed in conformance with the requirements of CSA B139, “Installation Code for Oil Burning Equipment” (March, 1976) for supply tanks installed inside buildings.
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126Vents for a storage tank inside a building shall be provided in conformance with the National Fire Code of Canada 1990, but emergency venting by the use of roof-to-side shell seams, designed to rupture before the allowable design stress of the storage tank is reached, may not be used.
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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.
129A fill pipe for a storage tank inside a building shall be installed so as to minimize vibration of the pipe.
130A storage tank inside a building shall be equipped with a device to prevent overflow.
IX
PIPING AND PUMPING SYSTEMS
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:
(a) tubing or casings and piping for oil or gas wells;
(b) piping for vehicles, aircraft, water-craft and portable engines;
(c) piping systems in retail outlets, marinas and distilleries;
(d) piping systems on piers and wharves; and
(e) piping within the scope of the Boiler and Pressure Vessel Act.
132The owner and the operator of every piping and pumping system to which this Part applies shall ensure that the system is installed in conformance with and conforms to this Part where applicable.
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
(a) API Spec 5L, “Specification For Line Pipe”  (March, 1975),
(b) ASTM A 53-86, “Standard Specification for Pipe, Steel, Black And Hot-Dipped, Zinc-Coated Welded And Seamless”,
(c) CAN/CSA-Z245.1-M90, “Steel Line Pipe”, or
(d) CAN/CSA-Z183-M90, “Oil Pipeline Systems”.
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”.
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135Where problems of corrosion, contamination, sanitation or standards of purity require special materials, materials acceptable to the Minister may be used for other than metallic piping, valves and fittings.
136All exposed and underground piping, couplings, flanges and bolts for a petroleum product shall be protected where necessary against external corrosion.
137Pipelines for a flammable or combustible liquid shall be marked with the contents of the line, and these markings shall be maintained in a clearly legible form.
138Piping for a petroleum product shall not be painted red.
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.
140Threaded joints in piping systems for a petroleum product shall be made using
(a) a joint compound conforming to ULC-C340-M1979, “Preliminary Standard For The Testing Of Pipe Joint Compounds”, or
(b) polytetrafluoroethylene tape conforming to ULC-C1321-1983, “Guide For The Investigation Of Seal Materials -Polytetrafluoroethylene Plastic Tape”.
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.
143Bolting materials for flanged connections in steel piping systems for a petroleum product shall be of alloy steel equivalent to ASTM A193/A 193M-86, “Alloy-Steel And Stainless Steel Bolting Materials For High-Temperature Service”, Grade B-7.
144Gaskets in flanged connections shall be of a material resistant to the liquid being carried and capable of withstanding temperatures of at least six hundred and fifty degrees Celsius without damage.
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.
146Records of the leakage tests on a piping system shall be retained for examination by the Minister until the system has been disposed of.
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.
148Where an exposed piping system is subject to a pneumatic leakage test, the piping, including the joints, shall be soaped to assist in the detection of leaks.
149A piping system shall be considered to be leaking when
(a) a petroleum product is detected in the vicinity of the piping system, or
(b) the piping system has been tested in accordance with subsection 145(1) and the test indicates a liquid loss greater than 0.189 litres per hour.
150Pressure measurements taken during leakage tests referred to in section 145 shall be obtained by using instruments calibrated in increments not greater than ten kilopascals for test pressures up to seven hundred kilopascals above atmospheric pressure and in increments not greater than one per cent of the test pressure where it exceeds seven hundred kilopascals above atmospheric pressure.
151Subject to sections 152 and 153, a piping system shall be pressure tested at pressures of at least three hundred fifty kilopascals above atmospheric pressure or one and one-half times the maximum operating pressure, whichever is the greater.
152Test pressures exceeding seven hundred kilopascals above atmospheric pressure shall not be used unless the piping system is designed for those pressures.
153Where test pressures exceed the design pressures for pumps or similar components included in the piping system being tested, those pumps or components shall be isolated from the remainder of the system.
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.
156Aboveground piping that crosses over roadways shall be adequately supported and ample overhead clearance and warning signs indicating the clearance height shall be provided.
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.
158Piping shall not be located in a service tunnel that is used for pedestrian traffic.
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.
160Where indoor piping carries a petroleum product, provision shall be made in any floor drain or floor drain system to contain the product in the event of a spill or line rupture.
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.
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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
(a) at connections to all aboveground storage tanks,
(b) on aboveground supply piping where it enters buildings or structures,
(c) on aboveground branch lines from the main supply line,
(d) on aboveground supply lines at dispensing locations, and
(e) on underground piping that may be subject to siphoning action in the event of a line rupture.
164Subject to section 165, where a valve is used to isolate one part of a piping system from another, it shall be made of steel.
165A stainless steel, monel metal or lined steel bodied valve may be used where special conditions warrant their use.
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
(a) valves controlling a flammable liquid are identified by an octagonal red tag, and
(b) valves controlling a combustible liquid are identified by a circular tag coloured other than red, green or red-orange.
167(2)An identification tag required under subsection (1) shall
(a) be of enamelled metal, anodized aluminum, pressed fibre or solvent resistant plastic,
(b) indicate the name of the product in clear, legible, permanent characters, and
(c) be kept clean so that its colour and inscription are easily recognizable.
168A pump for a piping system installed aboveground and outside of a building shall be located at least three thousand millimetres from the property line and at least one thousand five hundred millimetres from building openings.
169A pump located inside a building shall be placed in a room that conforms to the requirements of the National Building Code of Canada 1985.
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.
171A pump for a piping system shall be provided with duplicate control switches to shut down the pump in case of emergency, with one switch located in the operating area and the other at a remote location.
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
(a) provided for under the Boiler and Pressure Vessel Act,
(b) described in API Publication No. 2200, Second Edition, April, 1983, “Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines”, or
(c) described in API Publication No. 2201, Third Edition, October, 1985, “Procedures For Welding or Hot Tapping On Equipment Containing Flammables”,
or with other practice acceptable to the Minister.
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.
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172.2To ensure proper operation, the owner and the operator of every system shall ensure that frequent inspections and tests are made of all safety valves with particular attention directed to normally open fusible-link-operated valves, float valves and automatic controls.
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X
STORAGE, HANDLING AND USE OF PETROLEUM PRODUCTS AT RETAIL OUTLETS AND MARINAS
173This Part applies to the storage, handling and use of petroleum products at retail outlets and marinas.
174The owner and the operator of a retail outlet or marina shall ensure that
(a) the retail outlet or marina conforms to this Part, and
(b) all petroleum products stored, handled or used at the retail outlet or marina are stored, handled and used in conformance with this Part.
175All fill pipes, vent piping and valves associated with a storage tank referred to in section 173 shall conform to sections 82 to 86 and shall be permanently marked to indicate the type of liquid in the tank and the equipment controlled by the valves.
176All petroleum products stored aboveground in containers shall be in closed metal containers complying with this Part or in other containers acceptable to the Minister and shall be distinctly marked with the generic name of the container contents.
177Where a petroleum product is sold in a container, the container shall be
(a) a prepackaged container acceptable to the Minister that is clearly marked with the name of the liquid it contains,
(b) a shipping container conforming to section 256, securely closed to prevent leaks or spills and clearly marked with the name of the liquid it contains, or
(c) a portable container meeting the requirements of paragraph 256(b).
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.
179The storage of an empty container that previously contained a petroleum product shall conform to subsection 178(1).
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.
181Steel piping at a retail outlet or marina shall be provided with corrosion protection in conformance with CAN4-S603.1-M85, “Standard For Galvanic Corrosion Protection Systems For Steel Underground Tanks For Flammable And Combustible Liquids”.
182Piping shall be firmly supported and protected by installing guards when necessary to prevent vehicle impact or other mechanical damage.
183Pits for subsurface pumps or for piping connected to submersed pumps shall conform to section 170.
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.
185Fixed dispensing equipment shall be protected against collision damage by
(a) a concrete island at least one hundred millimetres high, or
(b) other means acceptable to the Minister.
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.
187An emergency shut-off switch to stop all dispensing units at self-service outlets shall be located in the central control office described in section 194 so that it is readily accessible to the attendant.
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
(a) can be kept open only by the continuous application of manual pressure, or
(b) is equipped with a device at the nozzle that will
(i) allow automatic dispensing,
(ii) automatically shut off when the vehicle tank is filled, and
(iii) shut off if the nozzle is dropped or falls from the fill pipe.
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”.
190No person shall use a device to hold open a dispensing nozzle while dispensing a petroleum product at a self-service outlet.
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.
192Except as permitted at self-service outlets, an employee shall be in constant control of the dispensing of a petroleum product into the fuel tanks of motor vehicles, water-craft or portable containers.
193Instructions for the operation of dispensing units in a self-service outlet shall be posted in a conspicuous location.
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.
196An attendant on duty at a self-service outlet shall
(a) supervise the dispensing of petroleum products,
(b) not activate the controls to permit the dispensing of fuel at an individual dispensing unit until the customer at the unit is ready to activate the nozzle,
(c) prevent the dispensing of petroleum products into containers not conforming to paragraph 256(b),
(d) take appropriate action in the event of a spill, including to prevent or reduce the seepage of the spilled liquid into the soil and into bodies of water, and
(e) shut off the power to all dispensing units in the event of a spill.
197Every person dispensing a petroleum product shall
(a) take precautions to prevent overflow or spillage of the liquid being dispensed,
(b) not knowingly overfill the fuel system after an automatic nozzle shuts off, and
(c) in the event of spillage immediately apply an acceptable absorbent material to soak up the spillage.
198Sufficient absorbent material to soak up liquid spillage shall be provided for use by attendants at every retail outlet and marina.
199The liquid level in all storage tanks including storage tanks containing waste petroleum product at a retail outlet or marina shall be measured in conformance with section 65.
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XI
MARINAS
200Without restricting the application of other Parts of this Regulation, this Part applies to the storage, handling and use of petroleum products at marinas.
201The owner and the operator of a marina shall ensure that the marina conforms to this Part.
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
(a) the applicable portions of Part VI relating to spacing, diking and piping are complied with, and
(b) the aggregate quantity stored in the system does not exceed two hundred and thirty litres.
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).
205No petroleum product shall be transferred from a storage tank or a container to a dispensing unit at a marina except by means of pumping.
206Piping between a storage tank located on shore and a dispensing unit at a marina shall conform to Part IX, except that where dispensing is from a floating structure, suitable lengths of flexible hose acceptable to the Minister may be employed between the piping on shore and the piping on the floating structure to accommodate changes in water level.
207Piping attached to docks, wharves, piers or pontoons at a marina shall be installed in accordance with Part IX and shall be provided with an easily accessible valve to shut off the supply of petroleum product which shall be located
(a) at or within two thousand millimetres of, or
(b) at the closest possible safe access to,
the approach to the dock, wharf, pier or pontoon.
208Where a storage tank at a marina is at an elevation above the dispensing unit, the storage tank outlet shall be equipped at the tank outlet with an electrically-operated solenoid valve that is normally closed and that is designed to open only when the apparatus is being operated, so as to prevent siphoning in the event of a rupture of the supply line to the dispensing unit while the dispensing unit is not activated.
209An attendant on duty at a marina
(a) shall not activate the controls to permit the dispensing of fuel at an individual dispensing unit until all ports and hatches on the water-craft have been closed,
(b) shall prevent the dispensing of a petroleum product into a portable container or a portable fuel tank until it has been removed from the water-craft and placed in an area that would prevent the escape of the product in the event of an overflow, and
(c) shall prevent the dispensing of a petroleum product into the fuel tank of a water-craft while its engine is running or while it is not securely moored to a dock, wharf, pier or pontoon.
XII
REMOTE PUMPING SYSTEMS
210This Part applies to systems for dispensing a petroleum product where the product is transferred from a storage facility to individual or multiple dispensing units by pumps located elsewhere than at the dispensing units.
211The owner and the operator of a remote pumping system shall ensure that the system conforms to this Part.
212A pump referred to in section 210 and its associated control equipment shall be designed so that the system cannot be subjected to pressures above the design working pressure.
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.
215After the completion of an installation, including paving, all underground lines connected to a storage tank shall be tested for leakage in conformance with sections 145 to 153.
XIII
BULK PLANTS
216This Part applies to the storage, handling and use of a petroleum product at a bulk plant.
217The owner and the operator of a bulk plant shall ensure that the bulk plant conforms to this Part.
218A petroleum product shall be stored in closed containers or in storage tanks located outside buildings in conformance with Parts V, VI and VII.
219Storage tanks, piping, pumps, valves and associated components that are part of a system at a bulk plant shall be designed, installed and maintained to accommodate shock pressure on the system.
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.
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221An outdoor area used for the storage of a petroleum product shall be constructed in conformance with Part XV to prevent seepage or runoff of a petroleum product to the environment.
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.
223Dispensing systems for flammable or combustible liquids shall not be interconnected.
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
(a) an electrically-operated solenoid valve, normally closed and designed to open only when the apparatus is being operated, shall be provided at the tank outlet, and
(b) an emergency valve shall be provided for the dispensing apparatus in conformance with the National Fire Code of Canada 1990.
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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.
227Facilities to control and collect possible spills of a petroleum product shall be provided at loading and unloading points in conformance with Part XV.
228The owner or the operator of a bulk plant that is in operation at the commencement of this Regulation shall, within sixty days after the commencement of this Regulation, file with the Minister a contingency plan setting out the procedures to be followed should any petroleum product leak from the tank.
XIV
WITHDRAWAL OF STORAGE TANKS FROM SERVICE
229This Part applies to the procedures to be followed when a system is removed, relocated, abandoned, disposed of or temporarily taken out of service.
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.
231When an underground 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 of the system shall
(a) notify the Minister in writing within seven days after the system goes out of service, providing the following information:
(i) the name and mailing address of the owner,
(ii) the name and mailing address of the operator,
(iii) the location of the system,
(iv) a description of the nature and quantity of the contents,
(v) the name, address and telephone number of the person who is taking the measurements required under paragraph (b) or (c), and
(vi) the address of the place where the records required under paragraph (b) or (c) will be kept,
(b) where the storage tank does not have cathodic protection, ensure that the liquid level in the storage tank is measured at least once each week, that the measurements are compared with those of the previous week and that a record of the measurements is maintained for inspection by the Minister,
(c) where the storage tank does have cathodic protection, ensure that the liquid level in the storage tank is measured at least once each month, that the measurements are compared with those of the previous month and that a record of the measurements is maintained for inspection by the Minister,
(d) ensure that fill pipe covers and covers over openings to measure liquid levels, dispensing facilities and power controls are kept locked in the off position, and
(e) ensure that vent piping is kept open.
90-139
232Subject to section 239, when an underground storage tank system is to be out of service for a period of more than one hundred and eighty days, the owner or the operator shall
(a) notify the Minister in writing within seven days after the system goes out of service, providing the following information:
(i) the name and mailing address of the owner,
(ii) the name and mailing address of the operator,
(iii) the location of the system, and
(iv) a description of the nature and quantity of the contents,
(b) where the storage tank contains a petroleum product, empty the tank, connected piping and dispensing facilities of the liquid,
(c) fill the storage tank, connected piping and dispensing facilities with at least one kilogram of dry ice for each five hundred litres of tank capacity or with an inert material acceptable to the Minister,
(d) where there is a possibility of high groundwater that could cause the storage tank to float, fill the storage tank with inert material that will prevent uplift,
(e) ensure that fill pipe covers and covers over openings to measure liquid levels, dispensing facilities and power controls are kept locked in the off position, and
(f) ensure that vent piping is kept open.
90-139
233Subject to subsection 239, where an underground storage tank system is operated on a seasonal basis, the owner or the operator shall
(a) notify the Minister in writing within seven days after the system goes out of service, providing the following information:
(i) the name and mailing address of the owner,
(ii) the name and mailing address of the operator,
(iii) the location of the system,
(iv) a description of the nature and quantity of the contents,
(v) the name, address and telephone number of the person who is taking the measurements required under paragraph (b) or (c), and
(vi) the address of the place where the records required under paragraph (b) or (c) will be kept,
(b) where the storage tank does not have cathodic protection, ensure that the liquid level of each storage tank containing a petroleum product is measured at least once each week, that the measurements are compared with those of the previous week and that a record of the measurements is maintained for inspection by the Minister,
(c) where the storage tank does have cathodic protection, ensure that the liquid level of each storage tank containing a petroleum product is measured at least once each month, that the measurements are compared with those of the previous month and that a record of the measurements is maintained for inspection by the Minister,
(d) ensure that fill pipe covers and covers over openings to measure liquid levels, dispensing facilities and power controls are kept locked in the off position, and
(e) ensure that vent piping is kept open.
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
(a) notify the Minister in writing within seven days after the storage tank goes out of service, providing the following information:
(i) the name and mailing address of the owner,
(ii) the name and mailing address of the operator,
(iii) the location of the system,
(iv) a description of the nature and quantity of the contents,
(v) the name, address and telephone number of the person who is taking the measurements required under subsection (2), and
(vi) the address of the place where the records required under subsection (2) will be kept, and
(b) ensure that the piping from the storage tank is capped or the valves necessary to achieve similar isolation of the tank are closed and securely locked.
234(2)When a storage tank referred to in subsection (1) contains a petroleum product, the owner or the operator shall ensure that the liquid level in the tank is measured at least once every seven days, that the measurements are compared to those of the previous readings and that a record of the measurements is maintained for inspection by the Minister.
235(1)Where the measurements taken under paragraph 231(b) or (c), paragraph 233(b) or (c) or subsection 234(2) indicate that a loss of liquid or water intrusion has taken place, the person detecting the loss or intrusion shall notify the Minister and the owner or the operator of the system of the loss or intrusion immediately.
235(2)The owner or the operator of the system shall take immediate action to correct a loss or intrusion referred to in subsection (1) in accordance with sections 43 and 44.
236When an aboveground storage tank system is to be out of service for a period of more than one hundred and eighty days, the owner or the operator shall
(a) notify the Minister in writing within seven days after the system goes out of service, providing the following information:
(i) the name and mailing address of the owner,
(ii) the name and mailing address of the operator, and
(iii) the location of the system,
(b) remove all petroleum product and purge all petroleum product vapours from the storage tank and its connected piping, and
(c) ensure that the storage tank markings clearly indicate that the tank is empty of liquid petroleum product but may contain petroleum product vapours.
237(1)An out of service underground storage tank system shall be reactivated in accordance with Part III.
237(2)If a system referred to in subsection (1) has been out of service for more than twelve months, the storage tank, piping and galvanic protection where applicable shall be tested in conformance with sections 60 to 64.
238(1)Where a property at which a storage tank system is located is sold or leased, the owner of the property shall, at least fourteen days before the sale or lease is completed
(a) notify the purchaser or lessee in writing of the presence and location of the system and provide the purchaser or lessee with proof that the applicable requirements of this Regulation have been complied with, and
(b) notify the Minister of the sale or lease in writing and provide the information required by the Minister.
238(2)The owner of a system that is located in or on lands to be sold or leased and that is not to be used for the storage of a petroleum product after the sale or lease is completed shall, before the sale or lease is completed,
(a) dispose of the system in accordance with sections 241 to 249, and
(b) remove any and all contaminated soil, water and other substances from the property to the satisfaction of the Minister.
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239(1)Subject to subsections (2) and (3), when an underground storage tank system without cathodic protection as required under section 59 has no further use or has been out of service for one year, the owner shall dispose of the tank in accordance with sections 241 to 249.
239(2)The owner of a steel underground storage tank without cathodic protection shall dispose of the tank in accordance with sections 241 to 249 on or before the disposal date provided for in Schedule B.
239(3)The owner of a steel underground storage tank with cathodic protection that is not operating according to its specifications shall dispose of the tank in accordance with subsection (2).
239(4)The date of manufacture of a storage tank referred to in subsection (2) shall be deemed to be unknown unless the owner satisfies the Minister as to the date of installation.
240For the purposes of this Regulation, the owner of the lands in or on which a system is located shall be deemed to be the owner of the system unless the owner of the lands satisfies the Minister that the system is owned by another person.
241No person shall excavate, dispose of or destroy a system and no owner of a system shall permit or authorize the excavation, disposal or destruction of the system unless the owner first obtains a registration.
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242(1)The owner of a storage tank system shall ensure that the work referred to in section 241 is done in accordance with instructions provided by the Minister.
242(2)The owner of a storage tank that is not to be reused for the storage of a petroleum product shall ensure that
(a) the tank is conspicuously labelled as follows:
TANK HAS CONTAINED
________
(type of petroleum product)
NOT VAPOUR FREE
NOT SUITABLE FOR FOOD OR DRINKING WATER
immediately upon completion of the excavation work, and
(b) any contaminated soil around or under a storage tank that has been excavated, relocated or removed from its mountings is excavated and replaced with clean fill to a degree acceptable to the Minister.
243(1)The owner of a storage tank that has been excavated, relocated or removed from its mountings shall ensure that the tank is
(a) relocated to the premises of a storage tank dealer acceptable to the Minister within ten days, or
(b) relocated to a disposal site acceptable to the Minister within five days.
243(2)The owner of a storage tank shall give written notice to the Minister at least five days before commencing any work referred to in subsection (1).
243(3)The owner of a storage tank shall give notice to the operator of a disposal site referred to in paragraph (1)(b) at least five days before relocating a storage tank to the site.
244The owner or the operator of a disposal site who has received a storage tank under paragraph 243(1)(a) or (b) shall
(a) ensure that the tank is free of petroleum product, and
(b) where the tank is not intended to be reused, ensure that the tank is destroyed as soon as practicable.
245A storage tank that is being stored before reuse or destruction shall be stored
(a) in an area that is inaccessible to the general public,
(b) with a three millimetre hole left exposed so as to allow the storage tank to adjust to pressure changes caused by fluctuations in temperature, and
(c) with the labelling required under subsection 242(2) clearly visible.
246(1)An owner of a storage tank may apply to the Minister for approval to dispose of a storage tank permanently in the location in which it is installed by
(a) applying for a site approval and, where applicable, an environmental approval in accordance with Part III,
(b) describing fully in the application the circumstances of the tank location that the owner feels would bring it within the scope of subsection (2), and
(c) satisfying the Minister that the soil under and around the storage tank has not been contaminated with a petroleum product.
246(2)The Minister may, in his discretion, grant approval in writing of an application made under subsection (1) where he is satisfied that a storage tank is
(a) located in whole or in part beneath a permanent building and that excavation of the tank is not practicable,
(b) so large or of a type of construction that the excavation of the tank is not practicable,
(c) inaccessible to the heavy equipment necessary for removal of the tank, or
(d) situated so that removal of the tank would endanger the structural integrity of nearby buildings or storage tanks.
247(1)Subject to subsection (2), an underground storage tank that has been excavated shall not be reused for the storage of a petroleum product.
247(2)A storage tank may be reused for the storage of a petroleum product only after it has been refurbished and meets the requirements of CAN4-S603.1-M85, “Galvanic Corrosion Protection Systems For Steel Underground Tanks For Flammable And Combustible Liquids”, or CAN4-S615-M83, “Standard for Reinforced Plastic Underground Tanks For Petroleum Products”.
247(3)A storage tank referred to in subsection (2) shall not be reused until the owner of the tank has supplied the Minister with a certificate acceptable to the Minister that is signed by a licenced manufacturer of the same or similar tanks and certifies that the tank meets the requirements of subsection (2).
248Where inspection or tests of an excavated storage tank reveal excessive denting, pitting or gouging, causing any reduction of shell thickness in excess of one millimetre or any dents greater than thirty degrees from normal configuration, the tank shall not be reused.
249Riveted storage tanks shall not be reused.
XV
SPILL PREVENTION
250(1)Except at retail outlets and marinas, appropriate measures to prevent a spill of a petroleum product from entering the soil, underground service systems or natural waterways shall be provided by grading the site or sloping the floor in order to divert a spill or by providing noncombustible sills, curbs or dikes.
250(2)Where dikes are provided to contain accidental spillage referred to in subsection (1), they shall conform to sections 88 to 96.
251(1)A drainage system designed to drain a spill of a petroleum product shall terminate at a location that will not create a hazard to public health or safety by contaminating the soil or any body of water or by entering any underground service system.
251(2)A closed drainage system shall be equipped with a trap.
252All petroleum products shall be stored in storage tanks or containers that conform to this Regulation.
253(1)Maintenance and operating procedures shall be established to prevent the escape of a petroleum product to an area where it would create pollution.
253(2)Subject to subsection (3), all reasonable steps shall be taken to recover escaped liquid and to remove or treat the contaminated soil as required under this Part.
253(3)A petroleum product spilled or leaked on a nonabsorbing surface shall be removed with the aid of an absorbent and disposed of in a manner acceptable to the Minister.
XVI
CONTAINER STORAGE OF PETROLEUM PRODUCTS
254This Part applies to the storage of petroleum products with a flash point below 93.3 degrees Celsius in a drum, portable container or prepackaged container not covered elsewhere in this Regulation except that it does not apply to the following:
(a) containers in retail outlets, bulk plants, refineries, chemical plants and distilleries;
(b) fuel tanks for internal combustion engines;
(c) packaged containers of alcoholic beverages, foods and pharmaceutical products; and
(d) other products such as detergents, insecticides and fungicides containing not more than fifty per cent by volume of water-miscible flammable or combustible liquids with the remainder of the solution being non-flammable.
255The owner of an outside storage area for a petroleum product shall fence the area in a manner acceptable to the Minister where fencing is necessary to prevent the entry of unauthorized persons.
256A person may store, handle and use a petroleum product in quantities of less than two hundred and thirty litres in the following containers only:
(a) a drum or prepackaged container meeting any requirements under the Transportation of Dangerous Goods Act, chapter 36 of the Statutes of Canada 1980-81-82-83;
(b) a portable container of metal or plastic conforming to CSA-B376-M1980, “Portable Containers for Gasoline and Other Petroleum Fuels”;
(c) a portable fuel tank conforming to CSA-B306-M1977, “Portable Fuel Tanks for Marine Use”; and
(d) safety cans conforming to ULC-C30-1974, “Guide For The Investigation Of Metal Safety Containers”.
257No person shall store, handle or use a petroleum product in quantities of two hundred and thirty litres or greater in a container other than a storage tank in accordance with this Regulation.
258Subject to section 256, a person may store, handle or use a petroleum product in a glass or plastic prepackaged container only if the required liquid purity would be affected by storage in a metal container or if the liquid would cause excessive corrosion of the metal container.
259Repealed: 93-14
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260Repealed: 93-14
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261This Regulation comes into force on August 10, 1987.
SCHEDULE A
PUBLIC LIABILITY INSURANCE COVERAGE FOR TYPES OF LICENCES
Type of Licence
Coverage per System
Retail Outlet
$   500,000.00
Government
 500,000.00
Bulk Plant
1,000,000.00
Marina
1,000,000.00
Commercial Industrial
Woodlands
500,000.00
Farm
100,000.00
Residential
100,000.00
Municipal Government
500,000.00
Not-for-profit
500,000.00
93-14; 2009-120
SCHEDULE B
DISPOSAL DATES FOR STEEL UNDERGROUND STORAGE TANKS WITHOUT CATHODIC PROTECTION
Date of Installation
of Tank
Disposal Date
1960 or earlier or unknown
June 30, 1989
1961 - 1965
June 30, 1990
1966 - 1970
June 30, 1991
1971 - 1975
June 30, 1992
after 1975
June 30, 1993
88-51; 88-273; 93-14
FORM 1
Repealed: 88-215
88-215
N.B. This Regulation is consolidated to June 13, 2012.