SUGGESTIONS FOR TRANSACTION OF PROPERTIES WITH UNDERGROUND STORAGE TANKS (USTs)

Hazardous Waste Program fact sheet
04/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
PUB1107

The Missouri Department of Natural Resources recommends that property containing (or that formerly contained) underground storage tanks (USTs) receive an environmental audit including soil and groundwater sampling prior to transaction.

There are two basic questions when a property contains USTs. First, is the facility presently in compliance with UST rules? Second, does the facility have a release that may not be obvious on the surface to the casual observer?

If the facility is operating, it must comply with registration, release detection, corrosion prevention and financial responsibility requirements.

If the USTs are not in service, the department’s Missouri Risk Based Corrective Action

(MRBCA) for Tanks Guidance Document, October 2013 contains the information necessary to properly handle the USTs.
This document can be located at http://www.dnr.mo.gov/env/hwp/docs/tanks-final-guidance2013.pdf. For questions regarding tanks, please contact 573-751-6822.

Determining whether the facility had a release is more complicated. One way to answer this question is to collect and analyze soil and groundwater samples. The MRBCA Guidance can help. It is written from the perspective of permanent closure, and contains information on where to sample, what to analyze the samples for and how to properly conduct closure of the UST.

Potential buyers of real estate containing USTs are encouraged to retain the services of a professional consultant experienced in these types of audits. A new owner may become liable for anything on the property.

The department cannot provide any guidance on liability beyond that provided in the statute. If you have questions concerning liability, we suggest consulting an attorney with experience in real estate and environmental matters.

The rules for USTs are published in Title 10, Division 26, chapters 1, 2, 3, and 4 of the Code of State Regulations. These rules are based upon statutory authority contained (in part) in Sections 319.100 through 319.139 of the Revised Statutes of Missouri.

Copies of the statue and rules can be obtained from the Missouri Secretary of State’s office or  the Secretary of State’s Web site.  The statues are located at http://www.moga.mo.gov/STATUTES/STATUTES.HTM. And the rules are located at http://www.sos.mo.gov/adrules/csr/csr.asp,

Registration forms are available on the Tanks Section’s Web site at http://dnr.mo.gov/forms/780-1782-f.pdf.  

For More Information
Missouri Department of Natural Resources
Hazardous Waste Program
Tanks Section
P.O. Box 176
Jefferson City, MO 65102-0176
1-800-361-4827 or 573-751-6822
573-526-8922 fax
www.dnr.mo.gov/env/hwp/tanks/tanks.htm
www.dnr.mo.gov/env/hwp/index.html