The person responsible for a UPSS at the time of decommissioning must ensure that the site is investigated for contamination and a validation report prepared for the storage site in accordance with the requirements of clause 15 of the UPSS Regulation. The validation report should be prepared by a suitably qualified and experienced person, such as a contaminated land consultant.
Where tanks are decommissioned in situ, the validation report should state this and provide a site drawing showing the location of all equipment and associated infrastructure that remains at the site.
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Clause 15 of the Regulation also requires the validation report to be submitted to the relevant local authority, along with any other specified documentation15 within 60 days of:
- the decommissioning of a UPSS, if no soil or groundwater remediation (associated with the decommissioning of a UPSS) is required
- the completion of any soil or groundwater remediation associated with the decommissioning of a UPSS, if remediation is required.
The validation report must be prepared in accordance with UPSS technical note: Site validation reporting (DECCW in press), Guidelines for consultants reporting on contaminated sites (EPA 1997) and, where relevant, Guidelines for assessing service station sites (EPA 1994). The validation report should provide a clear conclusion stating whether or not the site is suitable for its existing or proposed future use.
A validation report written as the result of the decommissioning of a UPSS must be retained for seven years from the date of decommissioning.
Where the person responsible changes (such as through sale, transfer of ownership of the site or business or contractual changes), all documents must be transferred to the new person responsible, in accordance with clause 27 of the Regulation and the EPP retained onsite.
In situations where there is a change of land use, additional site investigation, remediation and/or validation procedures may be required, consistent with the requirements of the relevant planning authority and State Environmental Planning Policy No. 55 (DUAP 1998).
Source: Department of Environment, Climate Change and Water (DECCW) From 1 July 2009
Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage Systems)Regulation 2008
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