Ruth Porter, Underground Storage Tank Program Manager West Virginia Department of Environmental Protection

Transcription

1 Ruth Porter, Underground Storage Tank Program Manager West Virginia Department of Environmental Protection September 16-18, th National Tank Conference & Expo

2 The RP Ownership Search ~450 TOS facilities with 933 TOS Tanks ~ 175 ABN facilities 9 UST Staff 24,231 square miles 55 Counties Very limited access to county records via Internet No Internet Limited Internet

3 WEST VIRGINIA APPROACH TO THE RP ISSUES EPA Office of Enforcement & Compliance Assurance (IEC) EPA Office of Underground Storage Tanks (SEE) - limited county and state records on-line - cost & other difficulties in visiting courthouse - viewed as a threat by some Marshall University- Center for Environmental, Geotechnical and Applied Sciences (CEGAS) -Interagency agreement no bids, quick to get in place -existing community contacts viewed as no threat -visited courthouses (obtained tax tickets, deeds, leases) -interviewed locals (county officials & neighbors) USE OF SUMMER INTERN -Lack experience, great enthusiasm - Natural with Social Media and Internet usage INSPECTION STAFF

4 NOTIFICATION OF OWNERSHIP You Are The Owner Letter Notification Form Info. Request Congratulations!!!!!! Provide copy of recent Inspection Compliance through NOVs Follow up Inspection (list new RP) Administrative Order Civil Suit Potential for referral to USEPA

5 WHERE DO YOU START???? WHO: WHAT: WHEN: WHERE: W WHY: HOW: DEFINITION OF RP COMPLIANCE - ENFORCEMENT TANKS LAST USED IN STATE, OUT OF STATE, JAIL, DEAD PROTECTION OF PUBLIC HEALTH & THE ENVIR0NMENT USE MULTIPLE RESOURCES, BE PERSISTENT

6 RESOURCES FOR RESPONSIBLE PARTY SEARCHES State Agency Files County Tax Records Tax Tickets Deeds Leases Secretary of State s Business Search Division of Labor Weights and Measures Division - Can provide tank usage dates Division of Homeland Security & Emergency Management 911 Addressing County Contacts Post office LEXIS NEXIS Accurint

7 RESOURCES FOR RESPONSIBLE PARTY SEARCHES Local Fuel providers Local Real Estate Agents Sanborn Fire Insurance maps City Directories (Polk Directory) Social Media Facebook Linkedin Topix

8 RESOURCES FOR RESPONSIBLE PARTY SEARCHES General Internet Searches Google White & Yellow Pages Manta Bizapedia State Fire Marshal local fire department contacts WV adopted National Fire Code NFPA 30 Section requires closure in place or removal of tanks that have been TOS for more than 12 months Sharing info on TOS sites with State Fire Marshal

9 State Auditor s Delinquent Land Sales and gasoline tanks

10 State Auditor s Delinquent Land Sales

11 Property Ownership & tax map info.

12 RESOURCES FOR RESPONSIBLE PARTY SEARCHES Sometimes you just have to pick up the phone and call: Neighbors Business Competitors Utility Companies Local Historian or Historical Society Former Employees

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15 What we knew about the site!!! 4 tanks gal. (fiberglass) (1974) gal. (UPS) (1957) No dispensers at the site Tanks covered with asphalt McGeezer filed bankruptcy in Tanks date of last usage was uncertain. Current Property owner Mrs. Jane Doe

16 Courthouse records revealed the property had been purchased by Mr. and Mrs. McGeezer in McGeezer s bankruptcy paperwork was obtained General internet search revealed McGeezer, Operator, was dead. This information was confirmed by Vital Statistic Records. Records research revealed that Mrs. McGeezer and Mrs. Jane Doe, are the same. Weight s & Measures inspection proved tanks used after November 8, ENFORCEMENT

17 What we knew about the site!!! thought we tanks (bare steel) gal gal gal. Tanks 3-6 were empty Brewster s were tank operators, maybe tank owners. N&S was property owner. DEP confirmed tanks used after Nov. 8, 1984 with Weights & Measures

18 N&S was property owner since early 1980 s. McGhee leased property in Feb and installed tanks. Tanks never registered. McGhee lease indicated that tanks were not to be considered Fixtures of the Property. Tanks were to be removed at end of lease. McGhee walks away from lease in late 1980 s and leaves tanks. Brewster s leased property from N&S in the 1990s, with strange lease conditions. - nothing may be stored in the tanks - the tanks may not be used by anyone for any purpose - Brewster have total responsibility for the tanks (fees, insurance, compliance, any penalties site, etc.) Brewster s lease expires- they shut down business & walked away.

19 Ownership not entirely clear Both Parties denied Ownership Agreement reached Brewster s paid tank fees N&S removed tanks N&S performed cleanup 10 tanks not gal gal gal gal. 10,597 gal. of water/fuel tons of soil

20 Tanks never registered. Interviews with locals indicated Mr. Ball operated station from 1940 s until late 1970 s and he died in early Internet general records search revealed Mr. Ball s Death. Vital statistics records confirmed death of Mr. Ball. 4 tanks (bare steel) gal gal gal.???????? Is site candidate for listing as abandoned and referral to OER????????? Looks like it UNTIL

21 Former Thomas Ball Property 1987 Weights and Measures confirmed the site was active in Contacted local fuel delivery company who confirmed deliveries to the site into late 1980s. Tax tickets- shows property with the tanks added to another parcel and then 5 parcels being consolidated into one property after Mr. Ball s death, ~total of 11 acres. January Deed conveyed all of 11 acres of property with 3 reservations totally ~ 2.5 acres. The reserved sections of property from the sale didn t correspond to the original parcels. Disputed Ownership (with unexpected twist)

22 Former Thomas Ball Property Disputed Ownership two people claiming property ownership Determined Allen s were legal owner of property after they had a survey of the property performed. Bank of America Foreclosed Violation of Lender Liability rules Bank of America transfers note to Fannie Mae 4 tanks removed (August 2013) gallon gallon gallon ~3300 gallons water/fuel residues removed

23 Regulated Facilities Regulated Facilities ARE RP SEARCHES HAVING AN POSITIVE EFFECT IN WEST VIRGINIA???? /30/11 9/30/11 9/30/12 8/30/13 # TOS tanks # TOS /30/11 9/30/11 9/30/12 8/30/13 413

24 FOSTER RELATIONSHIPS EARLY WITH OTHERS INTERNET IS USEFUL BUT -NOTHING REPLACES ONE ON ONE CONTACT ASSUME YOU WILL BE GOING TO ENFORCEMENT USE MULTIPLE RESOURCES BE PERSISTENT

25 CONTACT INFORMATION Ruth Porter UST Program Manager West Virginia DEP th Street, SE Charleston, WV ext. 1007