Overview of the Spill Prevention Response Plan Requirement
Each owner or operator of an aboveground storage tank shall submit a Spill Prevention Response Plan to the WVDEP for review and approval on or before
December 9, 2015. The plan must be re-submitted no less frequently than every 5 years for regulated Level 1 and Level 2 tanks. Note that a plan must be re-submitted if any of the following occurs:
- Substantial modifications to ASTs or increase in potential for fires, explosions or release.
- Substantial modification in emergency equipment
- Substantial changes in emergency response protocol
- The plan fails in an emergency
- Removal or addition of ASTs
- A request from the DEP
If the Plan is rejected, the Secretary will require modification as may be necessary and reasonable to protect public health.
The owner and operator of the aboveground storage tank shall submit a revised plan to the secretary for approval within thirty (30) days of receipt of notification of rejection by the Secretary.