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AR 50/2010 STORAGE TANK SYSTEM MANAGEMENT REGULATION

(Consolidated up to 16/2015)

ALBERTA REGULATION 50/2010

Government Organization Act

STORAGE TANK SYSTEM MANAGEMENT REGULATION

Table of Contents

                1      Definitions

                2      Delegation

                3      Authorization to assess and collect

                4      Conditions


                5      Limiting legal liability

                6      Appeals

                7      Records

                8      Reporting

                9      Expiry

Definitions

1   In this Regulation,

                               (a)    “accredited agency” means an accredited agency as defined in the Safety Codes Act;

                              (b)    “accredited corporation” means an accredited corporation as defined in the Safety Codes Act;

                               (c)    “accredited municipality” means an accredited municipality as defined in the Safety Codes Act;

                              (d)    “accredited regional services commission” means an accredited regional services commission as defined in the Safety Codes Act;

                               (e)    “Act” means the Government Organization Act;

                               (f)    “Administration Agreement” means a written agreement between the Minister and the Association, entitled Administration Agreement, relating to the powers, duties and functions delegated to the Association under section 2(1);

                               (g)    “Administrator” means an Administrator as defined in the Safety Codes Act;

                              (h)    “Agency Service Agreement” means a written agreement between the Minister and the Association, entitled Agency Service Agreement, relating to the powers, duties and functions delegated to the Association under section 2(2) and (3);

                               (i)    “Alberta Fire Code” means the Fire Code declared in force by the Fire Code Regulation (AR 118/2007);

                               (j)    “Association” means the Petroleum Tank Management Association of Alberta incorporated under the Societies Act;

                              (k)    “authority having jurisdiction” means a local authority,  Administrator or safety codes officer as defined in the Safety Codes Act, or the authority having jurisdiction as defined in the Alberta Fire Code;

                               (l)    “confidential information” means information acquired by the Association while carrying out its powers, duties and functions under this Regulation;

                             (m)    “Freedom of Information and Protection of Privacy Coordinator” means an employee of the Government designated by the Deputy Minister as a Freedom of Information and Protection of Privacy Coordinator;

                              (n)    “Minister” means the Minister designated with the responsibility for the administration of the Safety Codes Act, and “Deputy Minister” means the Deputy of that Minister;

                              (o)    “permit” means a permit referred to in section 10 of the Permit Regulation (AR 204/2007);

                              (p)    “rules” means rules made by the Association under section 3 of Schedule 10 of the Act;

                              (q)    “safety codes officer” means a safety codes officer as defined in the Safety Codes Act;

                               (r)    “storage tank system” means a storage tank system as defined in the Alberta Fire Code.

Delegation

2(1)  The powers, duties and functions of the Administrator with respect to Article 2.2.3.1 and Subsection 2.2.5 of Part 2, Division C of the Alberta Fire Code are delegated to the Association.

(2)  Subject to subsection (4), the powers, duties and functions of the authority having jurisdiction with respect to storage tank systems are delegated to the Association with respect to the following:

                               (a)    the acceptance of longer intervals between inspections and tests;

                              (b)    the issuance of permits or approvals and the examination of plans, drawings and specifications;

                               (c)    the assignment of site sensitivity classifications;

                              (d)    the receipt of notification of leaks and spills;

                               (e)    the receipt of notification of underground storage tanks being taken out of service for a period exceeding 180 days;

                               (f)    the receipt of notification of the reactivation of underground storage tanks;

                               (g)    the receipt of notification of the removal of underground storage tanks that have no further use or that have been out of service for more than 2 years;

                              (h)    the receipt of notification that soil is contaminated where underground tanks have been removed, the receipt of reports showing the extent of the soil contamination and acceptance of the manner of removing, treating or replacing the soil;

                               (i)    the granting of permission to abandon a storage tank;

                               (j)    the receipt of notification of the reactivation of above‑ground storage tanks.

(3)  The powers, duties and functions of a safety codes officer under section 44 of the Safety Codes Act are delegated to the Association if the exercise of the power or duty or the carrying out of the function is related to the exercise of a power or duty or the carrying out of a function under subsection (2).

(4)  The delegations under subsections (2) and (3) do not apply within the boundaries of an accredited municipality or accredited regional services commission, or within the geographical area where an accredited corporation has jurisdiction.

(5)  The Association is authorized, with the consent of the Minister, to provide advice to the Minister on the powers, duties and functions delegated under this Regulation.

(6)  Where, in the opinion of the Minister, the Association has not complied with the terms of the Safety Codes Act, the Act, this Regulation, the Administration Agreement or the Agency Service Agreement the Minister may direct a safety codes officer to exercise the powers and perform the duties and functions of the Association, including providing services with respect to permits issued by the Association.

Authorization to assess and collect

3   The Association is authorized

                               (a)    to impose assessments, fees and charges with the approval of the Minister, and

                              (b)    to collect money by the levy of assessments, fees and charges, with respect to the powers, duties and functions delegated to it under this Regulation, on persons who apply for or are provided with services, materials or programs, including, but not limited to, providing information, issuing a permit, certificate or other thing or on notifying, filing with or registering any thing with the Association.

Conditions

4(1)  The delegation of powers, duties and functions under section 2 is subject to the following conditions:

                               (a)    the Association must exercise its powers and authorizations and perform the duties and functions delegated to it by this Regulation in accordance with the Administration Agreement and the Agency Service Agreement;

                              (b)    the Association must comply with this Regulation;

                               (c)    any confidential information acquired by the Association, its directors, officers or employees and agents in the course of carrying out their powers, duties and functions under this Regulation must not be disclosed or made known to any other person, except as is necessary to carry out those powers, duties and functions or in a manner consistent with the Freedom of Information and Protection of Privacy Act;

                              (d)    a request for information made to the Association for confidential information must be directed to the Freedom of Information and Protection of Privacy Coordinator, and the Association must respond to the request as directed by the Coordinator;

                               (e)    the Association must designate a person to be responsible for confidential information matters and matters related to records management;

                               (f)    all computer software and systems used or developed by the Association, the information on the software and systems, and anything generated or capable of generation by them, for the carrying out of the Association’s powers, duties and functions under this Regulation, the Administration Agreement or the Agency Service Agreement is owned by the Government of Alberta.

(2)  All money received by the Association under the authority of this Regulation must be recorded and accounted for in accordance with generally accepted accounting principles, and receipts for money received must be provided on request of the person paying the money.

(3)  The Association is authorized to use the money collected by it under this Regulation to pay costs incurred in carrying out its powers, duties and functions under this Regulation.

Limiting legal liability

5(1)  No action lies against the Association or against all or any of its directors, officers, agents or employees for anything done or not done by any of them in good faith while carrying out their powers, duties and functions under this Regulation.

(2)  The Association and its directors, officers, employees and agents are not liable for any damage caused by a decision related to the system of inspections, examinations, evaluations and investigations, including, but not limited to, a decision relating to their frequency and how they are carried out.

(3)  If the Association engages the services of an accredited agency to carry out its powers, duties and functions under this Regulation, the Association is not liable for any negligence or nuisance by the accredited agency that causes injury, loss or damage to any person or property.

Appeals

6(1)  Pursuant to section 2(1)(e) of Schedule 10 of the Act, a person affected by an action taken or a decision made by the Association or its agents, directors, officers or employees in relation to the carrying out of functions may request in writing that the Minister review the action or decision concerning those matters related to this Regulation, the Administration Agreement or the Agency Service Agreement but not governed by section 50 of the Safety Codes Act.

(2)  The Minister may decide whether to hear an appeal under subsection (1).

(3)  On hearing an appeal, the Minister may confirm, vary or revoke the action or decision that is the subject‑matter of the appeal.

(4)  A decision made by the Minister with respect to an appeal under this section is final.

Records

7(1)  All records in the custody or control of the Association that are required in the carrying out of its powers, duties and functions under this Regulation must be managed, maintained and destroyed in accordance with subsection (2) and

                               (a)    the Records Management Regulation (AR 224/2001), or

                              (b)    a regulation that replaces the Records Management Regulation (AR 224/2001).

(2)  The following conditions apply to records described in subsection (1):

                               (a)    records must be managed under the direction of a senior records officer to whom a deputy head, as defined in the Records Management Regulation (AR 22/2001), has assigned powers and duties under that Regulation;

                              (b)    the Association must designate a person to be responsible for records management, confidential information and privacy matters;

                               (c)    the Association must comply with the Freedom of Information and Protection of Privacy Act in the course of carrying out its powers, duties and functions under this Regulation;

                              (d)    all records created or maintained in the course of carrying out the powers, duties and functions under this Regulation become and remain the property of the Crown in the right of Alberta;

                               (e)    all confidential information acquired by the Association and its agents, directors, officers and employees must be kept confidential and the privacy of each individual must be protected from unreasonable invasion and the Association must establish appropriate rules and make reasonable security arrangements to protect confidential information against such risks as unauthorized access, collection, use, disclosure or disposal of confidential information in accordance with Part 1 of the Freedom of Information and Protection of Privacy Act;

                               (f)    the Association must provide any records required in accordance with the Freedom of Information and Protection of Privacy Act to the Freedom of Information and Protection of Privacy Coordinator within the time period set out in the Administration Agreement or the Agency Service Agreement.

(3)  The Association must maintain records with respect to storage tank systems that include the following:

                               (a)    receiving of applications for registration;

                              (b)    registering storage tanks;

                               (c)    issuing registration certificates;

                              (d)    cancelling storage tank registrations;

                               (e)    issuing replacement registration certificates.

Reporting

8   The Association must report on its activities to the Minister at least once a year, at a time and in a manner specified by the Minister, as set out in the Administration Agreement or the Agency Service Agreement and in accordance with section 10 of Schedule 10 of the Act.

Expiry

9   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on February 28, 2020.

AR 50/2010 s9;16/2015