Changes in Cleanup Liability Associated with USTs

Important Regulatory Changes - Effective Jan. 1, 2016

The liability structure related to Underground Storage Tanks (USTs) - think GAS STATIONS - will be changing on January 1, 2016, and DNREC has asked for CIRC's help in  communicating these changes to the regulated community.

In addition, DNREC is in the process of proposing regulations that will help them to implement these changes.  Perhaps most noteworthy to CIRC membership and their clientele is the shift in liability from proximate to strict, joint, and several, meaning that anyone who owns or operates a UST facility after Jan 1, 2016 will be a responsible party even if they didn’t cause the release.

This is really very important to owners or potential owners of properties with USTs and deserves your attention.

Please follow this link to view the fact sheet, workshop date (Tuesday, September 29, 10:00 a.m. in the R&R Building, 89 Kings Highway, Dover) and the proposed regulatory changes. http://www.dnrec.delaware.gov/tanks/Pages/default.aspx

There are certain defenses, such as All Appropriate Inquiry, but for buyers of commercial properties anyone looking for complete liability protection should consider the State’s Brownfield Program.

Additional information regarding the Brownfield Program can be found here: http://www.dnrec.delaware.gov/dwhs/SIRB/Pages/Brownfields.aspx

There are implications for residential properties that have or previously had an Underground Storage Tank, and the proposed regulations are meant to limit property owner liability.  In addition DNREC has created a new program designed to provide financial assistance to homeowners who are interested in closing or removing USTs on their properties. http://www.dnrec.delaware.gov/dwhs/tanks/Pages/Heating-Fuel-UST-Closure-Assistance-Program.aspx

We would like to thank Lori Spagnolo, Environmental Program Manager of the Tank Management Section of DNREC's Division of Waste & Hazardous Substances for providing this information to us. If you have any questions, contact information for Alex Rittberg is shown below.

Next Workshop - Sepember 29, 10:00 a.m.

Tuesday September 29th at 10:00am at DNREC’s R&R Building,89 Kings Highway, Dover, DE 19901

Fact Sheet

To view the draft regulations follow the link below:

www.dnrec.delaware.gov/tanks/Pages/default.aspx

Questions?

If you have any questions please contact:

Alex Rittberg
302-395-2500

Alex.Rittberg@state.de.us

Next CIRC Meeting on October 14 at The Belle

CIRC will try and have information and perhaps a member from DNREC on hand during our next Membership Lunch Meeting for those of you who may have specific questions.

You can register for our next luncheon at our Meeting/Events page or by following this link:

www.circdelaware.org/meetings/nextMeeting.cfm