Leaking Tank Program
The WV DEP became the lead agency for administering the Leaking Underground Storage Tank (LUST) Program with the federal Environmental Protection Agency (EPA)’s authorization in September 1997.
Since then, the WV DEP has overseen the cleanup of released regulated substances, primarily petroleum products. Such releases can originate from overfilling, spilling, or leaking tanks and piping.
To report a release from an underground storage tank system, contact the Office of Environmental Remediation at 304-238-1220, ext. 3506. After hours releases should be reported to the statewide emergency spill line at 800-642-3074.
For more information on reporting and managing contaminated soils during tank closures, please read the memo to all UST owners closing tanks.
Owners and operators with a leaking regulated UST system now have three clean-up options. Click here to view a flowchart outlining the 3 options to remediate leaking USTs.
- Owners may follow the traditional enforcement path, which utilizes specific numerical standards- as defined in the Corrective Action Plan Guidance Document (CAGD)- for final soil and groundwater clean-up levels. Once the clean-up standards are achieved, the owner will receive a "No Further Action at this time" release/closure of the leak case, or
- Owners may chose to apply for entry into the Voluntary Remediation Program (VRP), which employs risk-based remediation standards for contaminants associated with the site and its use over time, as outlined in the User Guide for Risk Assessment of Petroleum Releases. Once the remediation standards are achieved, the owner will receive a "Certificate of Completion", which may require an environmental convenant be recorded with restrictions to appropriately control the risks/exposures to achieve the remediation standards, or
- Owners may chose to remediate the site to risk-based standards for only the contaminants associated with the petroleum release (assigned Leak #) by entering into a LUST-UECA agreement (click here for the UECA Agreement Modification Template) with the agency utilizing the Uniform Environmental Covenant Act (UECA). Once the remediation standards are achieved, the owner will receive a "No Further Action at this time" release/closure of the leak case similar to the 'enforcement path', but which will also require an environmental convenant with restrictions to be recorded to appropriately control the risks/exposures to achieve the remediation standards.
Option 3 - The LUST-UECA path, will be user-fee based with the billing rate the same as the Voluntary Remediation Program ... 3 1/2 times the hourly rate of the individual working on the project (PM, risk assesor, technical support, etc.). The VRA Guidance will be the reference to be used to conduct the assessment and remediation, but with the efforts focused on the petroleum constituents associated with the reported UST release.
One noteworthy issue is the sufficiency and usability of existing data for the site. As noted in the VRP Guidance, data to be used for risk assessments requires a higher level of validation, so interested parties should anticipate that need.
To learn more about these remediation options you can view the 9/01/09 Brownfields Conference Presentation
You can also use the LUST UECA Checklist as a quick guide for bringing sites into the LUST UECA process.
State-Lead Tank Removal
The LUST Program is also in charge of distributing the federal and state Leaking Underground Storage Tank Response Funds, which are used for state-lead investigations and clean-ups. A state-lead investigation occurs in one of three instances:
- An emergency exists, such as an imminent health threat;
- The responsible party does not have the financial means to respond to the release; or
- The responsible party refuses to comply with the requirements.
Insolvent claims are verified, and cost recovery efforts are initiated against solvent responsible parties.
For more information: