Overview of the Aboveground Storage Tank Act
and Its Implementation
Senate Bill 373, containing the Aboveground Storage Tank Act §22-30 and the Public Water Supply Protection Act §22-31 was approved by the 2014 Legislature and signed into law by Governor Earl Ray Tomblin on April 1, 2014. The law officially took effect on June 6, 2014. The bill required an inventory and registration of aboveground storage tanks, the submittal of spill prevention response plans and certified inspections of tanks.
On March 14, 2015, the 2015 Legislature passed Senate Bill 423 to amend the Aboveground Storage Tank and Public Water Supply Protection Acts. This amended Act will become effective June 12, 2015.
DEP is still accepting online AST registrations, modifications to existing registrations, spill plans and inspection certifications via its Electronic Submission System (ESS). The registration process includes questions about tank size, contents, construction, age and location. To assist in the registration process, there is a comprehensive AST Registration User’s Guide available at the link below or on the ESS signup/login page that provides screen-by-screen instructions. DEP employees also are on hand to assist tank owners who are subject to the requirements of the Act to help prevent future leaks such as the one on Jan. 9, 2014 that contaminated the drinking water of approximately 300,000 West Virginia residents.
The coming year will be a busy one for DEP staff as they work to implement the amended Act. DEP will be working to update all relative material and guidance and will be writing regulatory, fee and administrative penalty rules to be introduced in the 2016 legislative session. Please check back frequently as this website will contain the latest information available on Senate Bill 423’s implementation.