35Temporary decommissioning of storage system

35 Temporary decommissioning of storage system

(1)  For the purposes of these regulations, a storage system is temporarily decommissioned if an infrastructure owner complies, in respect of the storage system, with –

(a) the AS 4976 requirements for tanks that are temporarily out of service; and

(b) if there are any EPA guidelines in relation to temporary decommissioning of a storage system, those EPA guidelines.

(2)  An infrastructure owner of a storage system that has been temporarily decommissioned in accordance with subregulation (1) , but that still contains petroleum, must ensure that the following processes are continued in respect of the storage system during the whole of the period in which the storage system is to be regarded as temporarily decommissioned:

(a) cathodic protection maintenance and testing in accordance with regulation 9(4) ;

(b) loss monitoring and leak investigation in accordance with Part 3 .

Penalty:  Fine not exceeding 100 penalty units.

(3)  An infrastructure owner of a storage system that has been temporarily decommissioned in accordance with subregulation (1) must ensure that the storage system is not allowed to be in use, unless –

(a) an equipment integrity test of the storage system is conducted and the storage system has passed the test; and

(b) if the storage system is located in a groundwater protection zone, an infrastructure owner of the storage system has complied with the requirements of regulation 25(2) as if the storage system were a new storage system.

Penalty:  Fine not exceeding 100 penalty units.

(4)  If a storage system that has been temporarily decommissioned has not been returned to use within a 12-month period after the storage system ceases to be in use, an infrastructure owner of the storage system must permanently decommission the storage system in accordance with regulation 36 .