Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

In the United States, Florida has some of the toughest state laws governing the ownership and maintenance of underground storage tanks. In just a few months, the Florida Department of Environmental Protection will enforce its Dec. 31, 2009 deadline for all single-wall USTs and piping to be replaced with modern, double-wall tanks and pipes. Then, on Jan. 21, 2010, the agency’s deadline for replacing above-ground tanks without underlying spill containment systems arrives.

The new regulations leave many Florida gas station owners worrying about the future of their businesses. The cost of replacing the tanks is extremely prohibitive, especially for the mom-and-pop operations. The average cost to replace a single underground storage tank is $250,000 – 300,000. Gas stations with multiple tanks can expect a bill of about $400,000.

Small, independent gas stations that want to stay in business will have a difficult time acquiring the financing for such costly upgrades, especially in the current credit-crunched market. Banks do not regard new underground storage tanks as upgrades that promise to pay off.

Even if gas stations with convenience stores choose to remain open without selling gas, federal and state laws still require them to hold substantial pollution insurance policies.

So why is Florida bullying small businesses with such tough laws, steep fines, and financial hardship?

Nearly all Floridians – 92% — rely on groundwater for everyday purposes, including drinking. With such heavy dependence on groundwater, protecting the natural aquifers from pollution and contamination is absolutely vital. Not protecting Florida’s natural water sources is, quite simply, not protecting the public health.

According to EPA records, some 14,000 USTs in Florida are leaking fuel and other contaminants into the ground. The agency has confirmed nearly 25,000 releases and says the state has already cleaned up about 11,000 leaking tanks.

Industry insiders expect that of the state’s 9,200 gas stations, 800 to 1,500 stores will have to close. 3,156 gas stations and other facilities with underground storage tanks (USTs) in Florida still require the upgrade.

Sources: http://www.leaking-storage-tank.com/news/2009/05/22/familys-water-contaminated-by-leaking-gas-station-tanks/ ; http://www.news-press.com/article/20090614/BUSINESS/906150308/1075

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