The WV DEP became the lead agency for administering the Leaking Underground Storage Tank (LUST) Program with the federal Environmental Protection Agency (EPA)’s authorization in September 1997.
Since then, the WV DEP has overseen the cleanup of released regulated substances, primarily petroleum products. Such releases can originate from overfilling, spilling, or leaking tanks and piping.
Leaks and Releases
Releases are required by law to be reported to the statewide emergency spill line at 800-642-3074.
Traditional Remediation Path
Owners and operators with a leaking regulated UST system may follow the traditional path, which utilizes specific numerical standards- as defined in the Corrective Action Plan Guidance Document (CAGD)- for final soil and groundwater clean-up levels. Once the clean-up standards are achieved, the owner will receive a "No Further Action at this time" which grants release/closure of the leak case. Alternatively, owners may choose to remediate the site to risk based standards.
For additional information, please reference the Office of Environmental Remediation section.
State-Lead Tank Removal
The LUST Program is also in charge of distributing the federal and state Leaking Underground Storage Tank Response Funds, which are used for state-lead investigations and clean-ups. A state-lead investigation occurs in one of four instances:
- An emergency exists, such as an imminent health threat
- The responsible party does not have the financial means to respond to the release
- The responsible party refuses to comply with the requirements
- No viable responsible party can be found for the release
Corrective Action Guidance Document
The “West Virginia Corrective Action Guidance Document” (CAGD) is applicable to regulated Aboveground Storage Tanks (ASTs) as defined by W. Va. Code §22-30 and Underground Storage Tanks (USTs) subject to regulation by W. Va. Code §22-17 and 40 CFR 280. General checklist forms and analytical data sheets have been provided as appendices to the CAGD. These forms and data sheets shall be utilized when submitting reports to the Agency. A description of the forms and checklists are provided in the appendices with the forms. Updates and additional forms will be added to the website as they are developed.
The Agency has developed a new action level for soils at LAST and LUST sites that considers the depth of the contamination at a site and can consider the use of the property (residential or nonresidential) if certain conditions are met. The action levels incorporate a three-tiered approach which offers flexibility to the regulated community, while remaining protective of human health and the environment. Many LAST and LUST sites are petroleum contaminated sites; therefore, special emphasis was placed on development of soil action levels related to petroleum contamination utilizing current scientific information.
To view the complete CAGD and its appendicies, visit the main Corrective Action Guidance Document page.