§ 23.1-04-06 — Underground storage tank regulations

Under chapter 28-32, the department shall adopt rules:
1. For maintaining a leak detection system, an inventory control system together with
tank testing, or a comparable system or method designed to identify releases in a
manner consistent with the protection of human health and the environment.
2. For maintaining records of any monitoring of a leak detection system, inventory control
system, or tank testing system.
3. For reporting of any releases and corrective action taken in response to a release from
an underground tank.
4. For taking corrective action in response to a release from an underground storage
tank.
5. For the closure of tanks to prevent releases of regulated substances into the
environment.
6. For maintaining evidence of financial responsibility for taking corrective action and
compensating third parties for bodily injury and property damage caused by sudden
and nonsudden accidental releases arising from operating an underground storage
tank.
7. Establishing standards for installation of underground storage tanks.
8. Establishing standards for construction and performance of new underground storage
tanks.
9. For notifying the department or designated local agency of the existence of any
operational or nonoperational underground storage tank.
10. For a permit fee system to own, install, or operate an underground storage tank.
However, regulations adopted by the department may not be more stringent than applicable
requirements of the federal Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq.]
and the federal Energy Policy Act of 2005 [Pub. L. 109-58; 42 U.S.C. 15801 et seq.] in effect on
August 1, 2007.