Aboveground Storage Tank Act and Its Implementation
AST or “tank” means a device made to contain an accumulation of more than one thousand three hundred twenty (1,320) gallons of fluids
that are liquid at standard temperature and pressure, which is constructed primarily of nonearthen materials, including concrete, steel,
plastic or fiberglass reinforced plastic, which provide structural support, more than ninety (90) percent of the capacity of which is
above the surface of the ground, and includes all ancillary pipes and dispensing systems up to the first point of isolation. The term
includes stationary devices which are permanently affixed and mobile devices which remain in one location on a continuous basis for
three hundred sixty five (365) or more days.
Senate Bill 373, containing the Aboveground Storage Tank Act §22-30 and the Public Water Supply Protection Act §22-31 was approved by
the 2014 Legislature and signed into law by Governor Earl Ray Tomblin on April 1, 2014. The law officially took effect on June 6, 2014.
The bill required an inventory and registration of aboveground storage tanks, the submittal of spill prevention response plans and
certified inspections of tanks.
On March 14, 2015, the 2015 Legislature passed Senate Bill 423 to amend the Aboveground Storage Tank and Public Water Supply Protection
Acts. This amended Act became effective June 12, 2015.