(1)  In this regulation –

BTEX means the total concentration of a combination of benzene, toluene, ethylbenzene and xylene;

diesel TPH means the total concentrations of TPH from a diesel source where the carbon number range is between C10 and C14;

diesel TRH means the total concentrations of TRH from a diesel source where the carbon number range is between C10 and C16;

inferred LNAPL means –

(a) groundwater in which one or more of the following contaminant concentrations exist:

(i) benzene at greater than 3 milligrams per litre;

(ii) BTEX from a petrol source at greater than 20 milligrams per litre;

(iii) petrol TPH or petrol TRH at greater than 30 milligrams per litre;

(iv) diesel TPH or diesel TRH at greater than 5 milligrams per litre; or

(b) a substance defined or referred to as an inferred LNAPL in EPA guidelines;

LNAPL means light non-aqueous phase liquid that consists of a petroleum hydrocarbon, or combination of petroleum hydrocarbons, that is not mixed with water and has a specific gravity of less than 1.0;

LNAPL contamination means contamination consisting of inferred LNAPL, LNAPL or a sheen;

petrol TPH means the total concentrations of TPH from a petrol source where the carbon number range is between C6 and C14;

petrol TRH means the total concentrations of TRH from a petrol source where the carbon number range is between C6 and C16;

relevant person , in relation to a storage system, means –

(a) an infrastructure owner of the storage system; and

(b) a system operator of the storage system; and

(c) a landowner of the storage system;

sheen means any visible petroleum, including any opalescent sheen, that floats on the surface of water;

TPH means total petroleum hydrocarbon compounds as quantified against straight chain aliphatic hydrocarbon and aromatic hydrocarbon standards in a specified carbon number range;

TRH means total recoverable hydrocarbon compounds as quantified against straight chain aliphatic hydrocarbon and aromatic hydrocarbon standards in a specified carbon number range.

(2)  If a relevant person, in relation to a storage system, knows, or reasonably ought to know, that LNAPL contamination has been detected, during the period after 1 January 2015 and before the commencement of these regulations, in a monitoring well on the parcel of land on which the storage system is situated, the person must notify the Director and each other relevant person in relation to the storage system, in the approved form, within 6 months after the commencement of these regulations.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If a relevant person, or a suitably qualified person, becomes aware that LNAPL contamination has been detected in a monitoring well, after the commencement of these regulations, the person must notify the Director, in the approved form, within 7 days after becoming so aware.

Penalty:  Fine not exceeding 100 penalty units.

(4)  If a relevant person, in relation to a storage system, becomes aware that LNAPL contamination has been detected, in a monitoring well on, or in the vicinity of, the parcel of land on which the storage system is situated, after the commencement of these regulations, the person must notify each other relevant person in relation to the storage system that LNAPL contamination has been detected in the monitoring well, within 7 days after becoming so aware.

Penalty:  Fine not exceeding 100 penalty units.

(5)  It is a defence in proceedings for an offence –

(a) under subregulation (2)  – if the defendant establishes that he or she knew, or reasonably believed, that the contamination had already been notified to the Director and each relevant person; and

(b) under subregulation (3)  – if the defendant establishes that he or she knew, or reasonably believed, that the contamination had already been notified to the Director; and

(c) under subregulation (4)  – if the defendant establishes that he or she knew, or reasonably believed, that the contamination had already been notified to each other relevant person.

(6)  If an infrastructure owner in relation to a storage system becomes aware by notification under these regulations, or by any other means, that LNAPL contamination has been detected in a monitoring well on, or in the vicinity of, the parcel of land on which the storage system is situated, the infrastructure owner must ensure that –

(a) the Director is notified, in the approved form, that LNAPL contamination has been so detected; and

(b) an environmental site assessment is commenced on the parcel of land on which the storage system is situated –

within 14 days after the infrastructure owner becomes so aware.

Penalty:  Fine not exceeding 100 penalty units.