New Owner

POTENTIAL OWNER
Instructions on what to do if you are thinking about purchasing an underground storage tank or purchasing property that has an underground storage tank on it.

If Tanks Are In Use
If Tanks Are Out Of Use



NEW OWNER
If you have just purchased an existing underground storage tank facility or installing a new one, you need to be aware of what is expected of you by the underground storage tank (UST) regulations. Not only do the UST regulations require you to complete the following requirements, but in the event your UST system develops a release, your eligibility for reimbursement from the Mississippi Groundwater Protection Trust Fund depends on your substantial compliance with these requirements.

Requirements


IF THE TANKS ARE IN USE:


Has the tank been registered with MDEQ?

  • Call MDEQ to find out if tank is registered.
  • The tank must be registered within 30 days of bringing the tank into use.
  • If you purchase the tank, you must notify MDEQ within 30 of days bringing the tank into use.

    Is the tank underground or aboveground?

    MDEQ regulates underground tanks:
    • An underground tank is any tank, including underground piping connected to the tank, that has at least 10% of its volume underground.
    • Underground tanks exempted from the regulations include:
        • farm and residential tanks holding 1,100 gallons or less of motor fuel for noncommercial purposes
        • tanks used to fuel heating systems
        • tanks on or above the floor of underground floors
        • septic tanks
        • flow-through process tanks
        • tanks holding 110 gallons or less
        • emergency spill and overfill tanks
  • The Environmental Protection Agency and local fire marshals regulate aboveground tanks.

    Have the tank fees been paid?

  • Tank owner is responsible for fees.
  • If fees have not been paid and you acquire the tank, you will be responsible for back fees
  • See table for tank fee amounts.
  • Call Donna Phillips at 601.961.5278 to find out if tank fees have been paid.

    Is the tank in substantial compliance?

  • Is the owner maintaining leak detection?
  • Is the owner testing/checking the corrosion protection system?
  • Does the tank have spill and overfill prevention?

    Has the tank system ever leaked?

  • Is the cleanup ongoing?
  • Was the site cleaned up?
  • Tank owner is responsible for cleaning up any contamination from tank system.
  • State Trust Fund will reimburse owner for eligible expenses if owner is in substantial compliance.
  • Does owner have a "no further action" (NFA) needed letter from state?

    Does the owner have records?

  • New tank records
  • Tank tightness testing records from installation
  • Automatic line leak detector test records (pressurized piping only)
  • Tank and piping leak detection records
  • Cathodic protection records (applies to steel tanks and piping only)


    IF THE TANKS ARE OUT OF USE:

    If the tank system was taken out of service before 1-1-74 and has product in it,

  • If contamination is found, contact MDEQ.
  • If the tank contains product, it must be registered with MDEQ and be closed according to MDEQ closure requirements.

    If the tank system was taken out of service before 1-1-74 and emptied of product at that time,

  • Nothing is required unless contamination is found.
  • If contamination is found, contact MDEQ.

    If the tank system was taken out of service before 12-22-88 and emptied of product at that time,

  • Nothing but registration is required unless contamination is found.
  • If contamination is found, contact MDEQ.
  • Closure did not require state certified remover and sampling.
  • Typically tanks were generally filled with water or left empty.
  • As a precaution, you might want to require that the owner remove the tank or collect soil or groundwater samples BEFORE you purchase. This type of closure would include:
    • sampling for contamination by an MDEQ certified closer (see list and select company with codes "C" or "I") or professional geologist or engineer
    • analytical results
    • letter from state saying if more or no further action is needed

      If the tank system was taken out of service before 12-22-88 and has product in it,

  • Tank must be registered with MDEQ.
  • Tank should be closed according to MDEQ closure requirements.

    If tank system was taken out of service after 12-22-88 and does not meet the corrosion protection requirements,

  • The tank should have been closed according to MDEQ closure requirements.

    If the tank system was taken out of service after 12-22-88 and it meets the corrosion protection requirements,

  • May remain temporarily out of service indefinitely as long as the corrosion protection is maintained.
  • Tank should be emptied of product within 3 months of being taken out of service.