28Scrutiny, sampling and analysis of wells in groundwater protection zone

28 Scrutiny, sampling and analysis of wells in groundwater protection zone

(1)  A system operator of a storage system –

(a) that is in use in a groundwater protection zone; and

(b) in respect of which a groundwater-monitoring well is installed –

must ensure that –

(c) the water in the groundwater-monitoring well is –

(i) scrutinised at least every 6 months for contamination by petroleum; and

(ii) sampled and analysed at least every 12 months for contamination by petroleum; and

(d) if there is a tank pit observation well adjacent to the storage system, any water in the well is –

(i) scrutinised at least every 6 months for contamination by petroleum; and

(ii) sampled and analysed at least every 12 months for contamination by petroleum; and

(e) if there are EPA guidelines issued in relation to scrutiny, sampling and analysis required under paragraph (c) or (d) , the scrutiny, sampling and analysis is conducted in accordance with those EPA guidelines.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If petroleum is detected in water from a groundwater-monitoring well or tank pit observation well during scrutiny, or sampling and analysis, under subregulation (1) , a system operator of a storage system in respect of which the groundwater-monitoring well or tank pit observation well is installed must, as soon as practicable but in any case within 7 days after the petroleum is detected, notify an infrastructure owner of the storage system that petroleum has been detected.

Penalty:  Fine not exceeding 100 penalty units.

(3)  An infrastructure owner of a storage system who –

(a) is notified in accordance with subregulation (2) that petroleum has been detected in water; or

(b) receives a groundwater-monitoring well installation report under that indicates that petroleum has been detected in water –