Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019
20Leak detection
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20 Leak detection
20 Leak detection
(1) The person responsible for a storage system with groundwater monitoring wells must not use the storage system, or authorise or permit the use of the storage system, unless—
(a) the groundwater in each groundwater monitoring well on the storage site has been tested for contamination by petroleum, during the last 6 months, in accordance with the written instructions of a duly qualified person, and
(b) the groundwater in each groundwater monitoring well on the storage site has been sampled and analysed, in accordance with the written instructions of a duly qualified person, no later than 60 days after the occurrence of any of the following—
(i) the installation of a new groundwater monitoring well on the storage site,
(ii) the discovery by the person responsible for the storage system, whether by means of a test referred to in paragraph (a) or otherwise, that groundwater may be contaminated by petroleum originating from the storage site,
(iii) the discovery by the person responsible for the storage system, whether pursuant to the loss monitoring system for the system or otherwise, that the system has a leak.
(2) The person responsible for a storage system with an alternative leak detection system must not use the storage system, or authorise or permit the use of the storage system, unless the storage system has been tested at the times and in the circumstances—
(a) specified in the testing procedure provided by the installer of the alternative leak detection system, or
(b) if the testing procedure does not specify times and circumstances—specified by EPA guidelines.
Note.
Clause 17(d)(ii) provides for the installer of a leak detection system on a storage site to provide the person responsible for a storage system on that site with a testing procedure in relation to the leak detection system.
(3) The person responsible for a storage system must ensure that the following are recorded—
(a) the results of sampling and analysis undertaken for the purposes of subclause (1)(b),
(b) the results of testing undertaken for the purposes of subclause (2).
Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).