(1) Notification
and tank ownership records.
The Division shall maintain both tank
registration/notification information and responsible party information that
has been provided to the Division or otherwise obtained by the Division.
Documents containing notification, tank registration and/or responsible party
information shall be maintained as permanent records by the Division due to the
following factors:
(a) Tank ownership
records must be
available should petroleum contamination be discovered sometime
in the future, requiring the Division to make determinations concerning fund
eligibility and/or responsible parties, because:
1. Timely registration or notification, in
accordance with Rule
0400-18-01-.03,
is required for establishment of fund eligibility in accordance with
subparagraphs (3)(a) and (b) of Rule
0400-18-01-.09;
2. The tank owner at the time of a release is
a responsible party in accordance with T.C.A. §
68-215-103(17)(A);
3. There may be some residual petroleum
contamination that is not discovered during the site assessment at closure
required by subparagraph (5)(a) of Rule
0400-18-01-.07;
and/or
4. Some petroleum
underground storage tanks regulated under T.C.A. §§
68-215-101
et seq. were permanently closed, and in some cases removed from the ground,
prior to the promulgation of regulatory requirements to perform a site
assessment at closure. Residual petroleum contamination may exist at such
sites; and
(b) Some of
these records include copies of deeds to real property, causing them to have
permanent value.
(2) Fee
payment records.
The Division shall maintain fee payment information that has
been provided to the Division or otherwise obtained by the Division. Records
documenting the fee payment history associated with a petroleum site shall be
maintained as permanent records by the Division due to the following
factors:
(a) Fee payment records must
be
available should petroleum contamination be discovered sometime in the
future, requiring the Division to make determinations concerning fund
eligibility, because:
1. For releases which
occurred prior to July 1, 2008, fee payment was required for establishment and
maintenance of fund eligibility;
2.
For releases which occurred prior to July 1, 2008, the determination of fund
eligibility is based, in part, on fee payment records; and/or
3. There may be some residual petroleum
contamination that is not discovered during the site assessment at closure
required by subparagraph (5)(a) of Rule
0400-18-01-.07.
(3) Release response,
remediation, and risk management records.
Records documenting the actions taken to assess, remediate
and/or manage petroleum contamination at a petroleum site caused by a release
from a UST system shall be maintained as permanent records by the Division due
to the following factors:
(a) These
records pertain to real property, causing them to have permanent value.
1. These records may contain copies of
Notices of Land Use Restrictions, which have been attached to the deed to real
property, in accordance with subparagraph (8)(c) of Rule
0400-18-01-.06
and T.C.A. §
68-212-225.
2. Reserved.
(b) Risk based cleanup levels are required to
be based on current and reasonably anticipated use of the property and location
of receptors in accordance with part (5)(b)4. of Rule
0400-18-01-.06.
1. If a
person is contemplating a future use
that was not anticipated at the time the site assessment and remediation was
done in accordance with Rule
0400-18-01-.06,
new risk calculations may need to be made taking into consideration the
historical documents; and
2. If a
person is contemplating the future location of receptors that were not
anticipated at the time the site assessment and remediation was done in
accordance with Rule
0400-18-01-.06,
new risk calculations, including the risk of human
exposure to carcinogens, may
need to be made taking into consideration the historical documents.
(4) Reimbursement
records.
Records documenting fund eligibility determinations and/or
fund reimbursement payment history associated with a petroleum site shall be
maintained as permanent records by the Division due to the following
factors:
(a) These records have fiscal
value, causing them to have permanent value.
(b) The per site per occurrence maximum
reimbursable amount is set forth in paragraph (6) of Rule
0400-18-01-.09,
for taking corrective actions. Reimbursement records contain information
concerning the portion of this reimbursement amount which has been expended and
the balance, if any,
available for future reimbursement for corrective actions
which might need to be taken in the future for previously undetected
contamination.
1. Post tank closure discovery
of residual contamination.
(i) There may be
some residual petroleum contamination that is not discovered during the site
assessment at tank closure required by subparagraph (5)(a) of Rule
0400-18-01-.07.
(ii) Some petroleum underground storage tanks
regulated under T.C.A. §§
68-215-101
et seq. were permanently closed, and in some cases removed from the ground,
prior to the promulgation of regulatory requirements to perform a site
assessment at closure. Residual petroleum contamination may exist at such sites
and may be discovered many years after the tanks were permanently
closed.
2. Discovery of
residual contamination post closure of a contamination case.
(i) Previously undetected residual petroleum
contamination may be discovered years after assessment and remediation
activities have been completed in accordance with Rule
0400-18-01-.06.
(ii) Additional remediation activities may be
needed after assessment and remediation activities have been completed in
accordance with Rule
0400-18-01-.06
if the risk at the site has changed, as described in subparagraph (3)(b) of
this rule.
(5) Tank closure records.
The Division shall maintain tank closure information that has
been provided to the Division or otherwise obtained by the Division. Records
documenting tank closure as well as the site assessment records associated with
tank closure shall be maintained as permanent records by the Division due to
the following factors:
(a) These
records pertain to real property, causing them to have permanent value;
and
(b) In accordance with
subparagraph (4)(b) of Rule
0400-18-01-.07
petroleum underground
storage tanks may be closed in place if they are filled
with an inert substance or removed from the ground. It is important, when
future use of the petroleum site is being considered, to know which tank
closure option was utilized.
(6) Orders for correction and/or assessment,
and cost recovery actions.
Records documenting enforcement actions that result in the
issuance of an administrative order, under the provisions of T.C.A. §
68-215-114,
and/or the issuance of an administrative order for the assessment of civil
penalties, under the provisions of T.C.A. §
68-215-121,
and records relating to cost recovery actions, under the provisions of T.C.A.
§
68-215-115,
shall be maintained as permanent records by the Division due to the following
factors:
(a) These records have legal
value; and
(b) These records have
fiscal value. These records may contain information concerning uncollected
debts owed to the State of Tennessee, for example, when a respondent moves
after being served with an administrative order and leaves no forwarding
address.
(7) Maintenance
of records.
(a) All Division records,
including the permanent records specified in this rule, may be maintained as
paper records, compact disks, microfilm records, electronic records,
photographic records, and/or other forms that allow access for review and
duplication.
(b) The form of the
record at the time of submittal to the Division shall not limit or otherwise
prescribe the form in which that record may be permanently
maintained.
(c) Nothing in this
rule shall be construed to mean that the Division is required to accept record
submittals in any form other than that prescribed by the Division.
