factual

What conditions must Aplus franchisees maintain regarding UST fills and gauge boxes?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (7) You shall develop a Release Response Plan for Premises. At a minimum, this plan must include emergency phone numbers for:
    • (a) local fire and health departments;
    • (b) agencies responsible for emergency environmental reporting at the local, state, and federal levels; and
    • (c) Sunoco.
  • (8) If heating oil is stored in a UST system on the Premises, you must perform manual tank gauging for the UST System during periods when the building's furnace is not in use. There should be no change in the liquid level of the UST when the furnace is not in use. If monitoring detects a change over time, begin necessary suspected release procedure.
  • (9) If Sunoco makes a maintenance service call for a leak or alleged Product loss, the following procedure must be employed:
    • (a) You (or an authorized employee) may observe the petroleum dispensing equipment being checked by Sunoco maintenance representatives.
    • (b) Upon conclusion of the service call, Sunoco maintenance representatives will summarize findings and action taken, if any, on a "Receipt of Services Performed" which will then be signed by you (or an authorized employee), with a copy left on Premises.
  • (10) You shall be solely liable for all related Product losses, claims, fines, penalties, consent orders, regulatory notice of violations, customer complaints, and damage to personal and real property should you fail to comply with these provisions. Additionally, if after written notice from Sunoco, any inventory control, monitoring leak monitors, leak detection reports and records and/or any other compliance records are not provided within the time period set forth in the notice, Sunoco may immediately suspend deliveries of Product to you until such reports and records are received by Sunoco.
  • (11) Your failure to comply with the above items shall constitute a material default under the terms of this Lease.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, if heating oil is stored in an underground storage tank (UST) system on the premises, the franchisee must perform manual tank gauging when the building's furnace is not in use. During these periods, the liquid level of the UST should remain constant. If monitoring detects a change over time, the franchisee must begin the necessary suspected release procedure.

Additionally, the franchisee is required to develop a Release Response Plan for the premises. This plan must include emergency phone numbers for local fire and health departments, agencies responsible for emergency environmental reporting at the local, state, and federal levels, and Sunoco.

The FDD also states that the franchisee is solely liable for all related product losses, claims, fines, penalties, consent orders, regulatory notice of violations, customer complaints, and damage to personal and real property if they fail to comply with these provisions. Furthermore, if the franchisee fails to provide inventory control, monitoring leak monitors, leak detection reports and records, or any other compliance records after written notice from Sunoco, Sunoco may immediately suspend deliveries of product until such reports and records are received. Failure to comply with these items constitutes a material default under the terms of the lease.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.