Considering Buying a UST Facility?

UST facilities (most commonly gas stations) come with very specific legal requirements and responsibilities to ensure public health and safety are protected. When considering purchasing a gas station, first be sure to learn and understand what these requirements are. Owning and operating a UST facility means you will be required to demonstrate and maintain compliance throughout the period of your ownership, or until the tanks are removed. Operational compliance requires:

  • vigilant monitoring of equipment
  • regular testing of the UST system
  • extensive record keeping
  • maintaining financial responsibility
  • timely payment of taxes and fees
  • compliance with all other state regulatory requirements

Once you understand the requirements, you will better know if the UST system you're considering is operational, whether it's in or out of compliance with environmental laws, or if the property may be contaminated by a tank leak—which is costly to clean up and may limit your ability to sell in the future.

Know the Risk

Necessary questions to have answered:

Is there UST-related contamination at the site?

Request that the seller conduct environmental assessments to check for contamination prior to completing the purchase. If environmental contamination from a UST system has been identified, it is the responsibility of the current owner/seller to clean up the leak.  Documenting that the release occurred prior to buying the facility helps prevent you from being liable for the contamination and allows you to require the seller to make necessary repairs to the UST system if it is leaking.

Is the UST system in compliance with regulations?

In Arizona, you must prove adequate financial responsibility to operate a UST system (e.g., an insurance policy covering cleanup costs in the event of a tank leak). Failure to maintain financial responsibility may lead to "delivery prohibition," which will prevent you from selling your product.

A UST insurance policy is the most common form of financial responsibility proof.  If you intend to use UST insurance to meet financial responsibility requirements, research your options for obtaining adequate and affordable coverage. Factors that may impact your ability to get affordable insurance include: tank age, tank construction, gaps in previous coverage, and more.

What is the site's compliance history?

Carefully review records filed with ADEQ and those made available by the seller. Identify any issues that may affect your ability to use the property and equipment | Request Records >

Meet with ADEQ

ADEQ recommends meeting with us to discuss the actions necessary for your facility before finalizing a sale | Request a Virtual Meeting >