|The UST Assessment and Remediation Program investigates petroleum releases from USTs and oversees the initial response, assessment, monitoring, risk evaluation and remediation of petroleum contamination to remove risks to human health and the environment. Through the Mississippi Groundwater Protection Trust Fund, the Assessment and Remediation Program reimburses eligible tank owners for the reasonable and just costs associated with assessment and remediation activities.|
After a release has been determined to have occurred at a facility, the tank owner (or tank owners representative contacts our office to Report a Release. Our office then determines if immediate action is necessary to protect human health or the environment.
The site is assigned to a project manager (Division of Owners by Project Managers), and the project manager requests records, requests a 10-day bailing program from the owner, and then performs a site visit.
If assessment or remedial action is necessary for the location, the project manager reviews the site to determine if it is eligible for the Mississippi Groundwater Protection Trust Fund.
If the site is determined to be eligible for the Trust Fund, the Tank Owner, is required to submit paperwork and select either an ERAC or IRAC.
Typically, the owner will be asked to hire an ERAC and begin an Assessment. After the area of contamination has been defined, the tank owner will be asked to monitor their location with the aide of their ERAC (GW Sampling SOW), or they will be asked to proceed to Remediation. Once it has been determined that the site is no longer a threat to human health or the environment, the tank owner is asked to close all of the assessment wells with the aide of their ERAC or IRAC (Monitoring Well Plugging Scope of Work). Then, the tank owner is issued a letter indicating that no further assessment or remediation actions are necessary to meet present regulatory requirements.
Tanks owners are the responsible parties for all assessment and remediation activities when a release at the facility has been reported. Once a release has been reported, the site is assigned to a project manager Division of Owners per Project Manager.
Our office will require information from the tank owner, perform a site visit, and if necessary, determine if the site is eligible for the Mississippi Groundwater Protection Trust Fund. If the site is Trust Fund Eligible, the tank owner will be responsible for the hiring either an Environmental Response Action Contractor or an Immediate Response Action Contractor. The tank owner will also need to complete the following:
Only after a release has been reported, a site visit has been completed, and compliance records have been submitted, can the site be determined to be eligible for the Mississippi Groundwater Protection Trust Fund.
What is the Mississippi Groundwater Protection Trust Fund (Trust Fund)?
The Trust Fund is derived from a fee on motor fuels dispensed within the state of Mississippi and is collected by the State Tax Commission. The monies collected are deposited into an account that is administered by the Mississippi Department of Environmental Quality (MDEQ).
What is the purpose of the Trust Fund?
Federal and state laws require that all underground storage tank owners be able to prove that they have at least $1.5 million dollars of financial responsibility to pay for the investigation and assessment of contamination from their leaking underground storage tank(s), the restoration and replacement of drinking water supplies; and cleanup of contamination from their underground storage tank(s). The tank owner also must be able to pay up to $1.0 million dollars in third party damages. The Trust Fund is a mechanism for eligible underground storage tank owners to use to prove that they meet the financial requirements without having to buy insurance.
What must an underground storage tank owner do to be eligible for the Trust Fund?
What are the criteria for a Trust Fund site?
To be eligible for reimbursement from the Trust Fund, a release at an underground storage tank site must
- be confirmed;
- be a motor fuel;
- be in use on or after July 1, 1988,
- be in substantial compliance with UST regulations; and
- pose a threat to the environment or public health or welfare.
For what may Trust Fund monies be used?
ADDITIONAL TRUST FUND INFORMATION
|Environmental Response Action Contractors/Immediate Response Action Contractors|
In order to perform work through the Trust Fund, tank owners must use the services of ERACs and/or IRACs as indicated in the Mississippi Groundwater Protection Trust Fund Regulations (11 Miss. Admin. Code, Pt. 5, Ch. 1).
An ERAC is an environmental firm that meets the following minimum requirements:
· Proof of $1,000,000 Professional Liability insurance
At any time, an engineer or geologist can submit this information along with the ERAC Application in order to be added to the list of Environmental Response Action Contractors.
· Approved QA/QC Plan on file with our office
· 40 hour full time P.E. and/or P.G.
· Experience of 3 assessments & 2 remediation
ERACs must complete:
ERAC activities typically include assessment, monitoring, and remediation activities. The ERAC is also responsible for managing the project to reasonably control costs.
An IRAC is a person who has been approved by the Commission to carry out any immediate response action. Twice a year, our office solicits applications from contractors who desire to be approved as an IRAC. The contractors submit an application including:
IRAC activities typically include, excavating, transporting and disposal of contaminated media, responding to any site with 24 hours of notification to proceed, and effectively recovering and properly disposing of free phase petroleum hydrocarbons.
- Copy of a current certificate of responsibility issued by the State of Mississippi Board of Contractors
- Copy of current certificate of insurance showing coverage of $1,000,000 general liability insurance
- Copy of a current certification from the Department of a full-time employee of the company to permanently close UST systems
- Copies of certification of applicable Occupational Safety and Health Administration training for all personnel
- Evidence of successful completion of three jobs within one year prior to application
There are several different guidance documents for performing assessments based on the scope of the assessment and the drilling method used. Again, all Trust Fund work must be pre-approved by our office. If the assessment activities will be reimbursed under the Trust Fund, the proposal and/or reports must be submitted in our established formats.
Request for Access to Your Property
Remediation, also known as corrective action, is necessary to cleanup contamination caused by a leaking UST system. The remediation documents below must be used when preparing proposals and reports for remedial action: