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 Process for Petroleum Storage Tanks: 2013 Guidance Document Update - PUB2933 contains the information necessary to properly handle the USTs. 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.
Registration forms are available online.
For More Information
Missouri Department of Natural Resources
Environmental Remediation Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-6822
Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.