Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 24. HAZARDOUS WASTE MANAGEMENT
CHAPTER 8. TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS
Date:
08/31/2009
Document:
33-24-08-12. Notification requirements.
1. Any owner who brings an underground storage tank system into use after May 8, 1986, must within thirty days of bringing such tank into use, submit, in the form prescribed in appendix I, a notice of existence of such tank system to the department.
(NOTE: Owners and operators of underground storage tank systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the designated state or local agency in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by the environmental protection agency on November 8, 1985, (50 Federal Register 46602) unless notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Owners and operators who have not complied with the notification requirements may use portions I through VI of the notification form contained in appendix I.)
2. Owners required to submit notices under subsection 1 must provide notices to the department for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must file a separate notification form for each separate place of operation.
3. Notices required to be submitted under subsection 1 must provide all of the information in sections I through VI of the prescribed form for each tank for which notice must be given.
4. All owners and operators of new underground storage tank systems must certify in the notification form compliance with the following requirements:
a. Installation of tanks and piping under subsection 7 of section 33-24-08-10;
b. Cathodic protection of steel tanks and piping under subsections 1 and 2 of section 33-24-08-10;
c. Financial responsibility under sections 33-24-08-80 through 33-24-08-106; and
d. Release detection under sections 33-24-08-31 and 33-24-08-32.
5. Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner's notification obligations under subsection 1. The form provided in appendix II may be used to comply with this requirement.
6. All owners and operators of new underground storage tank systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with the requirements in subsection 6 of section 33-24-08-10.
7. Beginning January 1, 2009, owners and operators who install or replace underground tanks or piping or install new motor fuel dispenser systems that are not equipped with secondary containment must demonstrate to the satisfaction of the department at least thirty days before beginning installation or replacement that their new or replaced tanks or piping or new motor fuel dispenser systems are not within one thousand feet of any existing community water system or any existing potable drinking water well.
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