MORGANTOWN — Fuel and brine storage tanks at Morgantown’s Mississippi Street vehicle garage are the focus of nine violation notices from the West Virginia Department of Environmental Protection (DEP).
The notices of violation (NOV) are split into two batches. Two pertaining to underground fuel tanks were issued Sept. 19 and seven tied to brine storage are dated Sept. 24.
The issues surrounding the 40-year-old underground fuel tanks represent the bigger and ultimately more expensive issue for the city.
According to information included in the DEP notices, three 10,000 gallon tanks — one for diesel and two for regular unleaded gasoline — have not been insured since Oct. 1, 2016.
Failing to demonstrate financial responsibility for the storage facilities is a violation, as is taking fuel when the tanks are out of compliance.
City Manager Paul Brake said the problems are not tied to any type of spill, contamination or even the condition of the tanks, which, he explained, have been inspected by the DEP and, in 2016, by CORE Environmental Services.
According to information provided by Morgantown Communications Director Andrew Stacy, the city was told it couldn’t get the tanks insured due to their age and a leak that occurred in 1998 involving separate tanks, which have since been removed and all remediation completed.
Brake said that unlike larger markets in which municipalities can participate in insurance pools that allow for more comprehensive coverage, cities in West Virginia must seek insurance through the private market.
“It’s the private insurance market that’s putting us in this position. So by private insurers turning us away, it really leaves us with no alternatives,” he said.
He went to say that if the city were able to participate in an insurance pool, “this wouldn’t even be an issue. There wouldn’t be a violation notice. Nobody would be aware of it, and we’d be humming right along.”
The city has stopped using the fuel tanks and issued purchasing cards for vehicles using regular unleaded gas. A temporary arrangement for diesel fuel is being arranged.
Further, he said the city has been aware of the issue for some time and is working toward replacement of the tanks. As part of the city’s Capital Improvement Project Summary, unveiled in March, $400,000 is identified in the current fiscal year for replacement of the fuel tanks.
“We’ve been working on this for some time. It’s just not a real quick fix. It’s not just shovel some dirt on it and it’s good. There’s a lot of engineering that’s involved to properly remove the tanks and not have any spillage or environmental effects,” Brake said. “We’re doing the engineering and design work.”
Morgantown Utility Board (MUB) Director of Communications Chris Dale said MUB was not aware of the DEP notices regarding the garage until contacted by The Dominion Post.
Dale also explained MUB’s records indicate the city has two brine tanks and one underground fuel tank at the site, not three.
Even so, Dale said the utility is “not aware of any current problems that would present a direct threat to the nearby Cobun Creek Reservoir,” which is about 1,800 feet away from the garage site. Cobun Creek is about 430 feet away.
As for the seven violations pertaining to the two 4,000-gallon brine tanks, Brake said those are largely “housekeeping issues that are easily remedied.”
Brine is an anti-icing solution typically used when temperatures drop below the effective range of road salt.
According to the DEP report, those violations include:
- No monthly leak detection records, monthly tank inspection records or bi-weekly secondary containment inspections being conducted.
- The earthen dike that serves as secondary containment is not constructed to be able to contain product for 72 hours. The DEP cites garage personnel who indicate rainwater drains freely from the dike.
- No Spill Prevention Response Plan and no current Fit for Service certificates on file.
- Failure to notify the public water system and emergency response organization of the type and quantity of fluid being stored.
Brake provided The Dominion Post with an action plan for the city moving forward.
He noted the city had inspections done for the Fit for Service certificate and has a Spill Prevention and Response Plan, but the documents were not on file at the garage at the time of the inspection.
Going forward, the city will:
- Immediately identify a responsible employee to complete monthly leak detection checks of the brine tanks. Records will be maintained at the garage for at least 36 months.
- Ensure the Fit for Service report is available at the garage immediately.
In addition, the city will take steps to get back into the three-year cycle of tank inspections and intervening annual inspections. - Identify a responsible employee to complete bi-weekly inspections of the secondary containment structure beginning immediately. Records will be maintained at the garage for at least 36 months.
- Identify a responsible employee to complete monthly visual inspections of the tanks and ancillary equipment (piping) beginning immediately. Records will be maintained at the garage for at least 36 months.
- Contact the Morgantown Utility Board and MECCA 911 by November to inform them of the tanks, their size, contents and location.
- Provide a self-certified insurance certificate for $5,000 for each tank by December to demonstrate financial responsibility of the tanks.
- Improve the secondary containment by either providing an HDPE liner underneath the tank and over the earthen berm, or by replacing the containment with a concrete structure by January 2019.
- Ensure a copy of the Spill Prevention and Response Plan is available at the garage immediately and will send a copy to WVDEP.
