News & Analysis as of

Aboveground Storage Tanks

Mitchell, Williams, Selig, Gates & Woodyard,...

Aboveground Storage Tanks: An Arkansas Petroleum Storage Tank Trust Fund Reminder

The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania...

A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sonoco Hickory, North Carolina, Consumer Packaging/Supply...

The United States Environmental Protection Agency (“EPA”) and Sonoco Hickory, Inc. (“Sonoco“) entered into a May 19th Consent Agreement (“CA”) addressing alleged violations of hazardous waste regulations. See Docket No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pesticide/Herbicide Pollution Insurance: Federal Court Addresses Coverage Question

The United States District Court for the District of Rhode Island (“D.R.I.”) addressed in an Opinion whether insurance coverage is applicable to the release of gasoline from an aboveground storage tank (“AST”) associated with...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Prairie County, Arkansas, Facility: Arkansas Department of Energy and Environment and CBC Des Arc LLC Enter into Elective Site...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and CBC Des Arc LLC (“CBC”) entered into an October 12th Elective Site Clean-Up Agreement (“ESCA”). See LIS No. 21-108. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Diisocyanate Storage Tank Systems: American Chemistry Council Guidelines (March 2018)

The American Chemistry Council (“ACC”) issued a March 2018 document titled: Guidelines for Diisocyanate Storage Tank Systems (“Guidelines”) ...more

Farrell Fritz, P.C.

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

Farrell Fritz, P.C. on

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water...more

Lathrop GPM

Missouri Petroleum Storage Tank Liability to Shift From Tank Owners and Operators to Property Owners

Lathrop GPM on

Beginning January 1, 2018, Missouri's Underground and Aboveground Petroleum Storage Tanks laws will shift environmental liability from the "owner or operator of one or more petroleum storage tanks" to the "current legal owner...more

Spilman Thomas & Battle, PLLC

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Spilman Thomas & Battle, PLLC

Aboveground Storage Tanks - Current Implementation Issues & Potential Statutory Changes

Spilman Environmental Law attorneys Mark Clark and David Yaussy discuss some of the most current issues in West Virginia's AST regulation, such as secondary containment, leak detection and cathodic protection, tank closure,...more

Spilman Thomas & Battle, PLLC

Aboveground Storage Tank Act: Compliance Challenges Since August 1, 2016

Spilman Environmental Law attorneys Mark Clark and David Yaussy present a webinar in which they shared enforcement and compliance challenges they have seen since August 1, 2016, the effective date of the Aboveground Storage...more

Spilman Thomas & Battle, PLLC

West Virginia Aboveground Storage Tank Act Becomes Effective

On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing,...more

Spilman Thomas & Battle, PLLC

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

Spilman Thomas & Battle, PLLC

Aboveground Storage Tank Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act...more

Spilman Thomas & Battle, PLLC

WVDEP Adopts Modified Aboveground Storage Tank Interpretive Rule

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more

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