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.

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In the past few weeks we have looked at how underground storage tanks, particularly older tanks belonging to gas stations, can and often do compromise the health of the surrounding environment and everything in it, including humans. The Environmental Protection Agency has logged more than 620,000 active storage tanks throughout the United States. Of those tanks, some 480,000 tanks have or have had “confirmed releases.” The problem is so extensive that the EPA established the Office of Underground Storage Tanks to confront it. Since its founding 25 years ago, the EPA’s UST office has removed 1.7 million substandard tanks and completed 377,019 cleanups. Thousands of tanks continue to leak.

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Many Florida gas station owners are worrying about the future of their businesses because of a state law that will go into effect on December 31, 2009. On that day, the law will require all gas station owners with single-wall underground fuel tanks and pipes to upgrade to double-wall tanks or stop selling gas. 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 require the upgrade.

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