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* Important Notice*
All UST owners or operators subject to RCSA 22a-449(d)-101 et seq., are required to comply with the financial responsibility requirements in RCSA 22a-449(d)-109. These requirements concern the financial ability of UST owners or operators to respond in the event of a release from their USTs. Up to now, UST owners or operators could demonstrate compliance with these requirements through the UST Petroleum Clean-Up Program ('the Program"). CGS 22a-449a et seq.
During the June 12, 2012 Special Session, the Connecticut General Assembly passed Public Act 12-1, which phases out the Program. As part of this phase-out, section 262 of the Act contains dates after which UST owners or operators can no longer rely upon the Program to demonstrate compliance with their financial responsibility requirements. In the near future, the Department looks forward to working directly with UST owners and operators to help smooth the transition noted above.
Under section 262, on or after October 1, 2012, any person who owns or operates one or more UST systems on more than five separate parcels of real property can no longer rely on the Program to demonstrate financial responsibility. The deadline is October 1, 2013 for municipalities or those who own or operate USTs on five or fewer parcels of real property. Note that all USTs owned or operated by a person, whether within or outside the state, must be included in determining the applicable deadline. By the applicable deadline, UST owners or operators must satisfy their financial responsibility requirements through the various other mechanisms specified in the regulations including, insurance, letter of credit, surety bond, a guarantee, including a corporate guarantee, a trust fund or passing a financial test. For municipalities, the requirements are slightly different.
UST owners and operators are reminded that:
- the new mechanisms for complying with financial responsibility requirements must be noted on Part II of the new annual notification form (Word, PDF), Instructions; and
- the new Certification of Financial Responsibility Form, included at the end of the new UST Notification Form, must be completed and maintained and made available for inspection by DEEP during UST Compliance Inspections (RCSA 22a-449(d)-109(r)(2) as evidence of financial responsibility.
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One mechanism for Financial Responsibility is insurance coverage. Refer to the List of Insurance Agents and Brokers which is a subset of the of the U.S. Environmental Protection Agency’s Publication, "List of Known Insurance Providers For Underground Storage Tank Owners And Operators". This subset includes insurance agents and brokers indicating their area of coverage is the United States or their area of coverage includes Connecticut and those that have indicated to DEEP that they can provide coverage in Connecticut. This list is for information purposes only and does not represent an endorsement by the Connecticut Department of Energy and Environmental Protection. If there are any questions or you would like to be added to this list, please contact Helen Robbins at 860-424-3291 or helen.robbins@ct.gov.
Questions regarding the financial responsibility requirements in the Connecticut UST Regulations may be directed to the UST Enforcement Program at 860-424-3374 or lori.saliby@ct.gov. Questions regarding the phase-out of the UST Petroleum Clean-Up Program may be directed to that program at 860-424-3370 or jacques.gilbert@ct.gov.
By August 8, 2012 all existing facilities must:
- Designate Class A, Class B and Class C Operators who have been trained and certified in accordance with an approved training course in the operation and maintenance of the UST systems and emergency response to any releases or suspected releases from UST systems;
- The Class A Operator has primary statutory and regulatory responsibility to operate and maintain the underground storage tank system. The Class A Operator's responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
- The Class B Operator implements applicable underground storage tank regulatory requirements in the field. This individual implements day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more facilities.
- The Class C Operator is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems. This individual notifies the Class B or Class A operator and appropriate emergency responders when necessary. Not all employees of the facility are necessarily Class C operators.
- Submit to DEEP a Statement of Training Form (Word, PDF) that includes:
- designated Class A and Class B Operators' Names and Signatures
- training course completed for Certification
- certification expiration date;
- Post information regarding all Class C Operators assigned to the facility including the names of each designated Class C Operator, the name of the approved training for certification or the name of the Class A or Class B Operator who trained the Class C Operator and the training and certification dates and expiration along with the most recent date of training;
- Post written operator response guidelines including reporting procedures for releases and suspected releases, emergency contract numbers, malfunctioning equipment lock-out and notification procedures, and initial mitigation protocol for releases, suspected releases and emergencies;
- Perform monthly system inspections conducted by or under the direction of a Class A or Class B Operator.
Operator training questions may be directed to the UST Enforcement Program at 860-424-3374.
On or after August 8, 2012:
- New UST systems must include:
- liquid tight under-dispenser containment sumps with sensors, and
- liquid tight piping containment sumps with sensors.
- The requirements for new under-dispenser containment must be met when:
- replacing more than fifty (50) percent of the dispensers at a facility, the requirements for new under-dispenser containment sumps must be met for all dispensers at the facility or
- replacing a dispenser and more than fifty (50) percent of the flex-joint or flexible piping that is directly beneath the dispenser.
- Upon installation and prior to operating any newly installed double-walled UST system:
- testing must be performed which demonstrates that liquids which accumulate in any part of the UST system (including sumps) will not be released to the environment, and
- re-tests will be required every five (5) years thereafter, although this requirement does not apply to certain secondary containment systems that are hydrostatically or vacuum monitored continuously.
- Under-dispenser containment sumps and piping containment sumps that require repairs must be tested to demonstrate that the repaired sump meets the requirements of a new under-dispenser containment sump or new piping containment sump.
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