Can I Lose My Coverage?

                                                                                    February 10, 2011
                                                                                   
 
DON’T LET DELAYS RESULT IN LOSS OF GUST TRUST FUND COVERAGE
 
During my tenure at Georgia Oilmen’s Services, Inc. (GOS), I have witnessed a number of occasions where a responsible party at a site with a fuel release will bring to a halt all environmental activities in the middle of the corrective action process.  At these sites, a petroleum release would have been reported to the Underground Storage Tank Management Program (USTMP), initiating the corrective action process.  At some point during this process, the responsible party will call a halt to completion of corrective action activities at the site, be due to a temporary limit on funds, displeasure with having to complete these activities, unhappiness with the cost associated with these activities, a general belief that nothing will happen if they do not proceed, or any number of reasons.  When the USTMP realizes that corrective action has been halted by the responsible party, they issue a Notice of Violation (NOV), demanding that corrective action proceed.  Typically, if no action is taken, a second NOV is issued.  If again, no action is taken, the USTMP will issue a Consent Order, which is an enforceable mandate to proceed.  There is typically a substantial monetary fine which goes along with the Consent Order.  Under this scenario, the responsible party usually grudgingly consents to proceed with corrective action measures.  Currently, a much more ominous penalty may result from egregious corrective action delays caused by the responsible party:  cancellation by the USTMP of trust fund coverage for the site.
 
The ability for the USTMP to impose this penalty is not new;  this provision has been included in the Georgia Department of Natural Resources Rules and Regulations, for years.  However, the trust fund is currently paying out more money for approved corrective action at eligible sites than it is receiving via environmental assurance fees.  Therefore, the USTMP has been exploring options to be more frugal with potential trust fund payouts.  If a responsible party is found to be in an egregious state of tardiness in completion of required corrective action, the USTMP may opt at any time to discontinue trust fund coverage for the site.
 
In order to reduce the possibility of trust fund denial, the responsible party needs to remain proactive in completing any overdue corrective action activities at their sites.  If you have sites where environmental activities and reporting are overdue, it is wise to complete the outstanding corrective action activities and submit a report, describing the results, and detailing any appropriate recommendations for future corrective action activities at the site to the USTMP as soon as possible.  If this report is received by the USTMP, prior to them finding out on their own that you are exceedingly past due on submission of required reporting, they are unlikely to issue any fines or discontinue trust fund coverage.
 
Should you have any sites in need of corrective action, GOS is ready to help.  Please call Kurt Hausner of GOS at 678 225-4558 with any questions, or if GOS can be of service.