Exemptions from the UPSS Regulation

The EPA may exempt a person responsible for a UPSS from needing to comply with specific requirements of the UPSS Regulation.

The appropriate regulatory authority (ARA), being local council or the EPA, may exempt a person responsible for a UPSS from needing to comply with specific requirements of the UPSS Regulation. The ARA will only consider exemptions where it is not possible for the person responsible to comply with certain provisions of the UPSS Regulation and equivalent environmental protection measures can be put in place. The equivalent measures must be designed and installed by a duly qualified person.

Contact your ARA to discuss applications for an exemption.

All previous exemption orders (classes 2, 3, and 4) issued by the EPA expired on the date prescribed in each exemption. The only remaining exemption order is detailed below.

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

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

is automatically exempt from the following provisions of the UPSS Regulation (below) until 31 August 2021.

Provisions for automatic exemption

Clause Requirements from which the person responsible is exempt

15 (1)

 

install groundwater monitoring wells prior to using a storage system.

18

 

prepare and implement an environment protection plan

19

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

20

test the groundwater in each groundwater monitoring well on the storage site.

25 (1) and (2)

keep an incident log for a storage system.

26 (2) (b)

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

26 (2) (c)

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.

27 (2) (c)

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

27 (2) (d)

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

27 (2) (f)

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 No 98 of 30 August 2019, under the UPSS Regulation 2014.

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