All Aboveground Storage Tanks (AST), whether operational or non-operational, must be registered by October 1, 2014. After that date, it is unlawful to own or operate an unregistered AST. An owner or operator is liable for a civil penalty not to exceed $10,000 per tank per day for each AST that is knowingly not registered.
The Initial Registration process is via the WVDEP Electronic Submission System (ESS). You must register for a username and password, if one has not already been obtained under other WVDEP water or air electronic permitting. The WVDEP website includes a useful “Sign Up Guidance” document: https://apps.dep.wv.gov/ast/FinalASTUserGuide.pdf
The AST registrations are specific to a physical site location, operator and owner. If you have multiple tanks at one site, one registration form may be used detailing the information for all tanks. If you have multiple WV tank locations, complete one registration for each location.
Summary of Registration Information:
Selection Process Screen:
- New Registration (applicant can also continue work on registration or view previously submitted registration and change security preferences)
- Applicant: Company or organization that owns the AST(s). “Owner means a person who hold title to controls or owns an interest in an AST including owners of tanks immediately preceding the discontinuation of a tank’s use. “Owner” does not mean a person who holds only a financial security interest in a tank, unless that person has taken possession of and operated the tank. NOTE: WVDEP has clarified that either the owner or operator of an AST may register it, but the tank must be registered and registered only once.
- Reference ID : Facility or site name and city; if tanks are at more than one location, a separate registration for each location is required.
- Click “create new” since just “enter” will not work
Section I. Ownership: Information previously entered for Applicant should automatically appear;
Section II. Facility Information: Name of site should be same as in Reference ID; Street address (not P.O.); City and County; Latitude/ Longitude; identification of other State or Federal regulatory programs applicable to tank and ID of that program; (e.g. WV Storm Water Pollution Prevention and Groundwater Protection Plan: WV0000761; EPCRA §311 and §312)
Section III. Landowner: Individual or organization that owns the real property where tanks are physically located
Section IV. Operator: Individual, corporation, or agency in control of or having responsibility for daily operation of AST
Section V. All information related to EACH individual AST
- Description of AST: In use or not; date of installation; date of construction; tank capacity; number of compartments; longitude/latitude coordinates. NOTE: The longitude/longitude of your tank provides DEP with the information to determine the identity of and distance to the nearest West Virginia groundwater or surface water public intake from your tank, and the WVDEP acknowledgement of registration will include that information.
- Substance Stored; If contents of this tank are considered confidential, protected, or a trade secret; a claim may be made under this section.
- Tank Regulations: Program name (e.g. CWA SPCC) ; ID # and summary of regulatory program requirements.
- Tank Construction Material and Corrosion Protection
- Tank Liner Material and Corrosion Protection;
- Piping Construction and Corrosion Protection
- Type of Secondary Containment
- Type of Secondary Containment Material
Section VI: Certification: Individual with signatory rights for applicant to sign electronically certifying: I certify that I have personally examined and I am familiar with the information submitted in this and all attached documents and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete to the best of my knowledge.
Final Section is DEP OFFICE USE ONLY; do not enter anything.
Submit Application. No application fee is due at this time, but you will be retroactively invoiced when WVDEP develops its fee structure and regulations.
Links to WVDEP’s website for registration:
- Does your tank meet the definition of AST requiring registration? https://apps.dep.wv.gov/ast/astsurvey.cfm;
- Sample registration form; https://apps.dep.wv.gov/ast/SAMPLEReg.pdf;
- Link to the on-line registration database for registering AST, known as the Electronic Submission System, https://apps.dep.wv.gov/eplogin.cfm;
WVDEP has apparently corrected some of the early difficulties with the Electronic Submission System; if problems are encountered contact: Kelley Gillenwater Office: 304-926-0442; Mobile: 304-561-8996.
See August 25, 2014 Jackson Kelly E & E Monitor article, http://eem.jacksonkelly.com/2014/08/upcoming-deadlines-for-aboveground-storage-tanks.html for overview of WV AST Act including:
- Definition of ASTs and excluded sources
- Definition of “Public Water System” and “Zone of Critical Concern”: relative to ASTs requiring individual NPDES Permit applications.
For more information contact Barbara Little.