Email: John Giese
Responsible Person Determination for USTs
Owners and Operators are both considered to be Responsible Persons. Both are liable for investigative and/or cleanup costs.
An owner is:
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anyone who owned an UST system that was in use or brought into use on or after November 8, 1984.
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for an UST system that was in use before November 8, 1984, but not on or after that date. the owner would be the person who owned the system when the UST system was last used.
Note: The term "owner" does not include any person who, without participating in the management of an underground storage tank (UST) or being otherwise engaged in petroleum production, refining, and marketing, hold indicia of ownership primarily to protect the holder's security interest in the tank.
An operator is:
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any person in control of, or having responsibility for, the daily operation of a an UST system.
In determining the Responsible Person, DEQ makes the following presumptions:
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The release occurred at the time of discovery.
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The UST owner listed on the UST Notification Form is the UST owner.
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If DEQ has not received a Notification Form, the current owner is the UST owner and is the Responsible Person for the necessary investigations and/or cleanup.
The burden is on the current property owner to prove that another person is the Responsible Person using acceptable written evidence.
Documents that are accepted to prove UST ownership:
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UST Notification Form filed with DEQ
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Bill of Sale or other document indicating someone else owns the UST
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Document such as a tax record or real estate appraisal showing discontinuation of use of the UST system prior to November 8, 1984.
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A Building Permit showing UST removal by prior owner, documents indicating that a release occurred prior to removal (e.g. records from local fire or building officials, DEQ records), and a replaced UST exists on site (not in the same excavation), but has had no release.
USTs are normally considered a fixture, transferred with land, unless an UST Notification Form, contract, bill of sale, or other written agreement exists that specifically states otherwise.
Documents that are accepted as evidence of such an agreement:
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lease agreement
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deed
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bill of sale
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service contract
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court orders
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bankruptcy proceedings
As a general rule, affidavits alone are not acceptable in proving UST ownership.
Pollution Control Tax Exemption
State law provides that local governments may exempt or partially exempt pollution control equipment and facilities from taxation. To qualify for this exemption for petroleum tank pollution control equipment/facilities, the taxpayer must obtain a pollution control/abatement certification from the DEQ Regional Office and provide it to the Department of Taxation.
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