File #: AI 13-2630    Version: 1 Name: Compliance agreement - North Central Baptist
Type: Action Item Status: Passed
File created: 3/23/2021 In control: Board of Directors
On agenda: 4/13/2021 Final action: 4/13/2021
Title: Consider recommendation from EAA staff to approve a compliance agreement related to the underground tank system at North Central Baptist Hospital and Tenet Healthcare System.
Attachments: 1. 40O210403-CSA between EAA and Tenet (North Central Baptist Hospital) Tenet Redline_EAA_Response_Final
Title
Consider recommendation from EAA staff to approve a compliance agreement related to the underground tank system at North Central Baptist Hospital and Tenet Healthcare System.

Body
STAFF RECOMMENDED MOTION:

Move the board approve a compliance agreement related to the underground tank system at North Central Baptist Hospital and Tenet Healthcare System for the continued operation of its underground storage tank system and requirements to achieve full compliance with EAA rules.

SUMMARY:

The purpose of this agenda item is for the board to consider a compliance agreement between the EAA and North Central Baptist Hospital / Tenet Healthcare regarding the underground storage tanks (USTs) associated with the hospital's facility.

USTs were installed at the facility in March 1991, and the tanks are not tertiary contained. Section 713.607 (c) of the EAA’s rules indicates that “Irrespective of any other provision in these rules, thirty years from the date of the installation of a UST system, all UST systems located on the recharge zone shall:

(1) incorporate a method of tertiary containment through the major modification process; or
(2) remove the UST from service."

EAA staff began conversations with the facility in 2017 regarding their obligations under EAA regulations. Since that time, EAA staff has had numerous formal and informal communications regarding the deadline for the UST to be upgraded to tertiary containment or be removed from service.

In December 2020, representatives for the facility contacted EAA staff inquiring as to what, if anything, North Central Baptist Hospital could do to get an extension past the March 27, 2021 deadline. The formal extension request submitted on January 20, 2021 is attached. Current plans for the facility involve removing the UST and replacing it with an aboveground storage tank, but such actions can only take place after March 27, 2021, due to various reasons - including obtaining tank plan approval from the T...

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