§ 8-20.5-202 — Duties of director of division of oil and public safety - rules

Colorado § 8-20.5-202

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Petroleum Storage Tanks

Text

(1)
The director of the division of oil and public safety shall promulgate and enforce
rules that are no more stringent than the requirements contained in 42 U.S.C. sec.
6991 et seq., and the regulations promulgated thereunder, except as allowed by
federal law, including the federal Energy Policy Act of 2005, Pub.L. 109-58, as
amended, for:

(a) Notification requirements for owners and operators of underground
storage tanks;

(b) Design, performance, construction, and installation standards for new
underground storage tanks;

(c) Design, performance, construction, and installation standards for the
upgrading of existing underground storage tanks;

(d) General operating requirements;

(e) Release detection;

(f) Release reporting, investigation, and confirmation; and

(g) (Deleted by amendment, L. 2007, p. 980, � 2, effective July 1, 2007.)

(h) Financial responsibility for underground storage tank systems containing
regulated substances.

(1.5) The director of the division of oil and public safety shall promulgate and
enforce rules for out-of-service underground storage tank systems and closure of
such tanks.

(1.7) Within one hundred twenty days after January 1, 2008, the director of
the division of oil and public safety shall promulgate, and the division shall enforce,
rules concerning the placement of underground storage tanks that contain
renewable fuels. Such rules shall be promulgated with the purpose of developing a
uniform statewide standard of issuing permits for underground storage tanks to
promote the use of renewable fuels so that the process of obtaining a permit for an
underground storage tank that contains renewable fuels may be more efficient and
affordable.

(2) The director of the division of oil and public safety shall ensure that:

(a) All releases from underground storage tank systems are promptly
assessed and that further releases are stopped;

(b) Actions are taken to identify, contain, and mitigate any immediate fire
and safety hazards that are posed by a release;

(c) All releases from underground storage tank systems are investigated to
determine if there are impacts of reportable quantities on subsurface soil,
groundwater, and any nearby surface water;

(d) All releases above reportable quantities are reported to the director of
the division of oil and public safety.

(3) The director of the division of oil and public safety shall, if necessary,
negotiate and enter into memoranda of agreement with and apply for and receive
grants from the United States environmental protection agency pursuant to the
provisions of this article.

(4) The director of the division of oil and public safety shall establish criteria
pursuant to subsection (1) of this section for delegation of authority to local
agencies.

(5) Repealed.

Legislative History

Source: L. 95: Entire article added, p. 401, � 1, effective July 1. L. 97: (5) repealed, p. 1474, � 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, � 48, effective June 5. L. 2007: IP(1) amended, p. 387, � 5, effective April 3; (1.7) added, p. 1760, � 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, � 2, effective July 1.