Underground Storage Tanks - Several Legal Aspects
"The Biosphere" Vol. 9-10Tzvi Levinson, Adv. May 1995
As of today there is nothing in Israeli Environmental Legislation that regulates underground storage tanks. This article attempts to sum up several aspects that the Legislator might be expected to keep in mind when dealing with this subject: Define what exactly is a UST - USTs come in all shapes and sizes and are used to store all kinds of substances. Legislation needs to clarify the extent of its requirements in both aspects. Determine the extent and division of Liability - Who shall be responsible for pollution caused as a result of the operation of a UST: the past-owner of the UST, its present-owner, its holder by lease or the person charged with its maintenance? Should Legislation differentiate between existing USTs and future USTs? Who shall monitor compliance with requirements: the Ministry of Environment? the Local Business Licensing Authority? Should the one in charge of the UST be required to present financial guaranties to insure against possible damages? The author would like to note that since this article was written the Minister of Environment promulgated the Water Regulations (Prevention of Water Pollution) (Fueling Stations) 1997 (K.T. 1121).