On a different matter, operators managing
storage tanks containing one of the substances
listed in the Decree, have to submit an annual
report on the amount of substances contained
in such tanks and the level of concentration of
such substances in the soil of the sites.
This requirement is only applicable to tanks
that are not equipped with an inspection pit or a
secondary containment system. Otherwise, the
operator only has to submit the results of the
corresponding leakage tests every three years.
Operators managing underground or aboveground tanks equipped with underground
pipes have to keep monthly logs on the volume
of the stored substance.
Another important impact is the requirement imposed on operators managing storage tanks. The Decree states that such operators are obliged to submit annual reports on
soil concentration values, and to keep a log on
the volume of the stored substance in order to
check for any possible leakage, from the storage systems into the ground.
The operator will have to afford all the costs
related to the prevention and remediation actions mentioned above.
Enrique Jaramillo, EHS Regulatory Consultant
Transfer of ownership
The Decree also demonstrates some stricter regulations about the procedure after ownership transfer. When the ownership of certain
types of facilities like blood banks, x-ray centers or drug stores, is transferred, the parties
are obliged to assesses whether the soil in such
a facility is polluted or not. If the concentration
values exceed the ones mentioned in the Decree, the party obtaining the ownership has to
submit a notification to the Ministry of Health
stating that he/she will be responsible for all the
responsibilities contained in the regulation.
Conclusion
The main impact of the Decree on site-owners is the obligation to monitor soil concentration values. The regulation does not specifically determine such an obligation; however,
it does grant the Ministry of Health the power
to measure such values and to impose more
stringent requirements on operators, when
such values exceed legal thresholds. In such
cases, site-owners are explicitly imposed the
obligation to monitor concentration values and
to submit periodical monitoring reports to the
Ministry of Health.
Enhesa Flash Nov/Dec 2013
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