What is the consequence for Aplus franchisees if water is found in the UST?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
- (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 the 2024 Aplus Franchise Disclosure Document, if heating oil is stored in a UST (Underground Storage Tank) system on the premises, the franchisee must perform manual tank gauging when the building's furnace is not in use. The liquid level of the UST should remain constant when the furnace isn't running.
If monitoring reveals a change over time, the franchisee must begin the necessary suspected release procedure. Failure to comply with these provisions makes the Aplus franchisee 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.
Additionally, if the franchisee fails to provide inventory control, monitoring leak monitors, leak detection reports and records, or any other compliance records after receiving written notice from Sunoco within the specified time, Sunoco may immediately suspend product deliveries until the required reports and records are received. The FDD states that failure to comply with these items constitutes a material default under the terms of the lease.