Act 32 Storage Tank and Spill Prevention Act Flashcards
To meet the definition of an above ground storage tank in Act 32, a tank must have capacity greater than _____ gallons (Act 32 Section 103 Definitions)
250
What portion of a tank’s capacity must be above the surface of the ground for it to be considered an aboveground tank?
90 percent
Aboveground tanks are not included in the definition of aboveground storage tank if their capacity is 1,100 gallons or less and they are used for storing what products? (Act 32, Section 103, Definitions)
A. Motor fuel for non commercial purposes
B Motor oil and tanks located on a farm used solely to store or contain substances to facilitate the production of crop, live stock,
- Aboveground tanks subject to other regulatory programs are not included in the definition of aboveground storage tank. What are the titles of four “Acts” that regulate certain aboveground tanks? (Act 32,
Section 103 Definitions)
A) The Hazardous Liquid Pipeline Safety Act of 1979
B) The Surface Mining Conservation Act
C) The Federal Food, Drug, and Cosmetic Act
D) The Solid Waste Management Act
- What is the definition of “substantial modification”? (Act 32, Section 103 Definitions)
An activity to construct, refurbish, restore or remove from service an existing tank or tank facility which alters the physical construction or integrity of the tank
What is the primary function of the Storage Tank Advisory Committee (STAC)? (Act 32, Section 105)
The STAC is made up of 17 members that review and write and comment on regulations under this act and present them to the environmental quality board who writes the regulations
- What authority does the Department of Environmental Protection (DEP) have with regard to corrective action? (Act 32, Section 107, Powers and Duties of Department)
CAN ORDER CORRECTIVE ACTION, TAKE CORRECTIVE ACTION, AND AUTHORIZE A 3RD PARTY TO TAKE CORRECTIVE ACTION
- What enforcement power does DEP have if there is a violation of the requirements of Act 32? (Act 32, Section 107, Powers and Duties of the Department)
The department has the authority to issue orders, assess civil penalties, institute enforcement proceedings and prosecute violations of the act deemed by the department as necessary
How often must registration fees for a regulated aboveground tank be paid? (Act 32, Section 303, Registration)
Yearly
Are DEP employees administering the certification program considered to be certified? (Act 32, Section 501, Underground Storage Tank Requirements)
YEs they deemed certified while employed at the department
Who can legally install, modify or remove underground storage tanks? (Act 32, Section 501, Underground Storage Tank Requirements
only by a certified individual
- Who can legally inspect underground storage tanks? How often must underground tanks be inspected? (Act 32, Section 501, Underground Storage Tank Requirements)
By a certified Inspector prior to permitting an a frequency thereafter established by the department and provided by the regulations of the department
How often must registration fees for a regulated underground tank be paid? (Act 32, Section 502, Interim Requirements
an Annual fee of $50 per UST every year
- is What the maximum penalty that DEP can assess if a person commits a summary offense? (Act 32, Section 1306, Civil Penalties)
If convicted 1000 for each separate offense and 90 days in jail if fines are not paid
What is the maximum civil penalty that DEP can assess for each violation of Act 32? What happens if the violation continues for more than one day? (Act 32, Section 1307, Civil Penalties
10000 per day for each violation. Each day of continued violation shall constitute a separate offense
What are six factors that DEP may consider in determining the amount of a civil penalty? (Act 32, Section 1307, Civil Penalties)
willfulness of violation, damage to air water land, cost of restoration and abatement, savings resulting to person in consequence of the violation, and other relevant factors
- Act 32 creates a “rebuttable presumption” that a tank is the source of any contamination discovered within what distance from the tank? (Act 32, Section 1311, Presumption)
The term “rebuttable presumption” means that the tank (and the tank owner) are considered responsible for causing nearby contamination until proven otherwise.
2500 feet
Persons who wish to contest an order or other administrative act of DEP must file an appeal within how many days? (Act 32, Section 1313, Appealable Actions)
30 days
How long after a violation of Act 32 is discovered can civil or criminal proceedings begin? (Act 32, Section 1314, Limitation on Action)
anytime within 20 years form the date the offense was discovered
