Part 5Records and reports of
events
Note—
Local
authority is defined in the Dictionary to the Act and
includes a local council.
22Record of significant
modifications
If a significant modification is made to a
storage system, the person responsible for the storage system
must—
(a)
ensure that the following information is
recorded—
(i)
a comprehensive description of the
modification,
(ii)
the dates of commencement and completion of the
modification,
(iii)
the results of the equipment integrity test
carried out under clause 13, and
(b)
ensure that the current “as-built”
drawings for the system are revised to reflect the
modification.
Maximum penalty—100 penalty units (in the
case of an individual) and 200 penalty units (in the case of a
corporation).
23Notice and report of system
being decommissioned
(1)
If a storage system is to be decommissioned, the
person responsible for the storage system must notify the relevant local
authority of the decommissioning—
(a)
in the case of urgent and unforeseen
decommissioning—as soon as reasonably practicable after the decision to
decommission the system is made, or
(b)
in any other case—no later than 30 days
before the system is decommissioned or removed.
Maximum penalty—100 penalty units (in the
case of an individual) and 200 penalty units (in the case of a
corporation).
(2)
If a storage system is decommissioned, the person
responsible for the storage system immediately before the system is
decommissioned must ensure that a report for the storage site (prepared in
accordance with this clause) is served on the relevant local
authority—
(a)
no later than 60 days after the system is
decommissioned, or
(b)
if remediation of the site is required, no later
than 60 days after the remediation is completed.
Maximum penalty—100 penalty units (in the
case of an individual) and 200 penalty units (in the case of a
corporation).
(3)
A report referred to in subclause (2)
must—
(a)
be prepared by a duly qualified person in
accordance with EPA guidelines, and
(b)
describe the processes used to decommission the
storage system and assess contamination at the storage
site.
24Report to be prepared after
tank removed or replaced
(1)
If a modification of a storage system involves
the removal or replacement of any tank, the person responsible for the
modified storage system must not commission the system, or authorise or permit
the commissioning of the system, unless a report for the storage site
(prepared in accordance with this clause) has been served on the relevant
local authority—
(a)
no later than 60 days after the tank is removed
or replaced, or
(b)
if remediation of the site is required, no later
than 60 days after the remediation is completed.
Maximum penalty—100 penalty units (in the
case of an individual) and 200 penalty units (in the case of a
corporation).
(2)
A report referred to in subclause (1)
must—
(a)
be prepared by a duly qualified person in
accordance with EPA guidelines, and
(b)
describe the processes used to remove or replace
the tanks concerned and assess contamination at the storage site,
and
(c)
describe any remediation work carried out during
the removal or replacement of the tanks concerned.
25Incident
log
(1)
The person responsible for a storage system must
ensure that an incident log for the storage system (containing the matter
required by this clause) is kept on the storage site or, if another location
is specified in the system’s fuel system operation plan, in that
location.
Maximum penalty—100 penalty units (in the
case of an individual) and 200 penalty units (in the case of a
corporation).
(2)
The following activities and incidents must be
recorded in the incident log of a storage system—
(a)
the carrying out of any activity, by a person
acting otherwise than at the direction or request of the person responsible
for the system, that has affected, is affecting or could affect the integrity
of the system,
(b)
the occurrence of any unplanned or abnormal
incident (including operational disruptions or equipment failures) that has
affected, is affecting or could affect the long-term safety of the
system.
(3)
A notification under Part 5.7 of the Act of a
pollution incident involving a storage system is to be made in a form approved
by the appropriate regulatory authority.