New Underground Petroleum Storage Systems (UPSS) Regulations

Monday 26th January 2009

The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008.

Falling under the Protection of the Environmental Operations Act 1997, the underground petroleum storage system (UPSS) regulations were introduced in June 2008.

Objective of UPSS laws

UPSS regulations aim to:

• Minimise the risk of soil/groundwater contamination (occasioning from UPSS leakage)
• Avoid unnecessary expenditure (in time & money) on contaminated land remediation.
• Establish industry best practice standards for the day to day environmental management of systems.

UPSS Regulations: Who is affected?

All owners/operators of organisations with existing and proposed underground petroleum storage systems, as well as previous owners or managers in the case where an UPSS is decommissioned (note: some UPSS regulation exemptions may apply depending on circumstances).

People who own, have owned, are buying or selling, leasing or leased out petrol or service stations can be affected by UPSS regulations. Managers of mechanical repair workshops, car dealers, emergency service providers, marinas, airports, council depots and other organisations which may store their own petrol in underground tanks may also be affected.

Note: Underground petroleum storage systems also include underground tanks used to store oils or other grades of fuel (i.e. not just petrol).

What UPSS regulations involve?

Regulations cover all components of UPSS including tanks, pipes, valves and other such equipment.

UPSS Regulations contain requirements regarding the installation, modification, repair and decomissioning of UPS systems. This involves the establishment of environmental management procedures, design and installation of groundwater monitoring wells, creation of leak detection systems (such statistical inventory reconciliation analyses - SIRA) and UPSS-specific record keeping obligations.

Important UPSS Regulation Deadlines

• Environment Protection Plan by 1st of June 2009.
• Groundwater Monitoring Wells by 1st of June 2011.
• UPSS record keeping on an ongoing basis (data stored for 7 years).

Penalties for non-compliance with UPSS Regulations

Maximum penalties range from $11,000 to $44,000 - depending on the nature of non-compliance and whether or not the offender is an individual or corporation.

UPSS services performed by Douglas Partners Consultants

Douglas Partners offers a range of environmental services to assist you in meeting your UPSS regulation obligations.

Our experienced environmental engineers and scientists are capable of providing you with:

• UPSS Environmental impact and risk assessments
• UPSS Environmental and waste management or protection plans
• UPSS leaks related contamination and remediation guidance.
• Cleaner, sustainable and legally (UPSS Regulations) compliant business operations advice.

For more UPSS services information click here