Exemptions from the UPSS Regulation

The EPA may issue an exemption to a person responsible for a UPSS from the need to comply with specific requirements of the UPSS Regulation.

The person responsible for any storage system that is used solely for

  • a back-up generator in a commercial premises or residential premises or
  • storage of heating oil in residential premises or the contents of which are used solely for the purpose of heating a residential premise, or
  • storing of waste oil

is exempted from the following provisions of the UPSS Regulation (identified in table 1) until 31 August 2019.

Table 1 
Clause Requirements from which the person responsible is exempt

16 (1)

 

The requirement to install groundwater monitoring wells prior to using a storage system.

19

 

The requirement to prepare and implement an environment protection plan

20

The requirement to check and maintain gauges, indicators, groundwater monitoring wells and other measuring instrument in the system and recording the data produced by the measuring instruments.

21

The requirement to test the groundwater in each groundwater monitoring well on the storage site.

24 (1) and (2)

The requirement to keep an incident log for a storage system.

25 (1) (b)

The requirement to keep for 7 years from the date of creation any document containing data produced by measuring instruments.

25 (1) (c)

The requirement to keep for 7 years from the date of creation any document containing details of any action taken to investigate and fix any leak detected by a loss monitoring procedure.

26 (1) (c)

The requirement to keep for 7 years from the date of decommissioning of any storage system any groundwater monitoring wells report.

26 (1) (d)

The requirement to keep for 7 years from the date of decommissioning of any storage system any versions of environment protection plans.

26 (1) (f)

The requirement to keep for 7 years from the date of decommissioning of any storage system any incident log kept for the system.

 

The exemption was published in the NSW Government Gazette on 9 November 2018 (Gazette number 119, pages 8447-8)

The EPA will only consider exempting the person responsible for any other UPSS (than those described above) in exceptional circumstances where it can be shown that it is not possible to comply with particular provisions of the Regulation and equivalent environmental protections that can be put in place.

To discuss an exemption application, email UPSSREG@epa.nsw.gov.au.

Unless otherwise stated, all exemption orders (classes 2, 3 and 4) previously issued by the EPA expired on the date prescribed in each exemption.

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