I just bought a new gas station. How do I register the tanks?
New owners are required to register the tanks with 30 days. Complete a notification form and mail to the Charleston Office. New owners must also submit proof of financial responsibility (usually insurance). Be advised that while a new owner has 30 days to submit a notification registering the tanks, they may only operate the tanks if they are properly registered first (i.e. you can’t operate the tanks unless you first register the tanks).
I just bought the station and registered the tanks. What do I have to do for day-to-day operations?
UST owners / operators are required to be in compliance with all UST requirements such as, but not limited to, leak prevention (corrosion protection and spill and overfill), leak detection, and financial responsibility.
Are there UST registration fees?
Yes, fees are invoiced annually and if not paid in the past are retroactive to 1988. The current fee is $90 per tank per year for UST registration and $5 dollars per tank for the groundwater protection program. There is also a 50% late fee for fees not paid within 30 days of the due date. When fees are paid, a certificate of registration will be mailed to the UST owner. Those who deliver products to an UST are required to verify the UST owner has a valid certificate to operate and has proof of financial responsibility.
Does West Virginia have a trust fund to provide financial responsibility and clean-up releases from the tanks?
No, there is no state trust fund in West Virginia. UST owners / operators must meet the financial responsibility requirements using private insurance or through other mechanisms allowed by the federal regulations, Part 280 Subpart H.
I am considering buying some land where there was a gas station years ago. If I buy it will I be buying the tanks?
The answer depends on when the tanks were last used. If the tanks were in use on November 8, 1984, or brought into use after that date, you will be buying the tanks as they are fixtures of the land. If the tanks have not been used since November 8, 1984, the owner is the person who owned the tanks immediately before the discontinuation of their use. We always caution people who ask this question that although they may not become the owner by UST as defined in 40CFR280, they may still be subject to strict liability under the Resource Conservation and Recovery Act for the USTs and potential contamination at a site.
Additionally, there are other environmental statutes under which you may be liable in the event of contamination on the property.
I am planning to sell my gas station or property with tanks. What must I do?
At least 30 (thirty) days prior to transferring ownership of the tanks, you must notify the WVDEP Charleston Office in writing of your intention and tell us who the new owner is and provide their contact information to WVDEP.
I want to work on tanks in West Virginia. Do I have to be certified?
Yes, DEP has several certification programs for those who work on tanks. West Virginia does not accept certification by another state.
- Class A is for those who install, repair, retrofit or upgrade an UST;
- Class B is for those who perform closures or change-in service of an UST;
- Class C is for those who perform tank and/or piping tightness testing;
- Class D is for those who install, repair, test or upgrade corrosion protection systems; and
- Class E is for those who conduct routine tests, system maintenance, and routine inspections on corrosion systems.
- Class F is for those who perform minor repairs to UST systems.
How do I become certified?
All applicants must complete and submit the application form, two personal and two professional references. Class C applicants must also submit a copy of their current certification for testing the equipment they are using. Class A, B C, and F must take a written examination and pass with a score of at least 80%. There is a $185 fee for first time testing. Should the applicant not pass the test they are allowed to re-test twice within a 12-month period. There is a $60 test fee for each repeated test. A study guide is available on-line for each of these tests. Class D and E do not require a written examination. The applicants for these classes must submit proof of certification by an organization such as NACE. There is a $185 fee for D and E.
I want to have my tank removed. What do I do? Can I do it myself?
A written notice of your intent to close the tank must be submitted to the WVDEP at DEP.AST@wv.gov 30 days prior to starting the closure using the UST intent to Close form found here.There must be a Class B certified worker on site while the tank is undergoing the permanent closure process.
How can I find out who is certified to work on my tanks?
Updated lists are available on this website.
What do I have to do if I want to have a new tank installed?
You must submit a written notice of your intent to install the tank to the WVDEP 30 days prior to starting the installation process. The installation must be performed by a Class A certified worker who must be physically on-site during the installation of the UST system.