18 Alaska Admin. Code § 78.059

Current through May 31, 2024
Section 18 AAC 78.059 - Operations inspection
(a) Except as provided in (b) and (c) of this section, the owner or operator of a UST system shall have each UST inspected at least every three years to determine compliance with the release detection, spill and overfill prevention, and corrosion protection requirements of this chapter. Each inspection must be performed by an inspector who is certified under 18 AAC 78.410 and must include, as applicable, examination, assessment, testing, and documentation of the following for the UST system inspected:
(1) equipment;
(2) procedures;
(3) operations;
(4) maintenance; and
(5) recordkeeping.
(b) Unless another date is approved under (d) of this section, an initial inspection of each UST at the facility must occur no sooner than April 30 and no later than August 31 of the year specified in the following table:

Initial Inspection Requirements

Last Digit of ADEC

Facility ID Number

For UST registered on or before June 1, 2000

For UST registered after June 1,2000

Year Inspection due

Year Inspection Due

1

2000

The third calendar year after registration.

2

2000

3

2000

4

2000

5

2001

6

2001

7

2001

8

2002

9

2002

0

2002

(c) For a UST facility with multiple registration dates, all USTs shall be inspected no later than the earliest applicable date specified in the table in (b) of this section.
(d) In a geographic area of the state in which obtaining an inspection may cost more because an inspector does not routinely offer services in that area, two or more owners or operators may arrange for an inspector to inspect a group of USTs in that area at the same time. The inspection must be completed on or before the earliest applicable date specified in the table in (b) of this section unless the department grants an extension. The department will grant an extension for a group of tanks under this subsection, upon request, if the department determines that an earlier date is not practicable. The department will not grant an extension beyond the last applicable date specified in the table in (b) of this section for a facility in the group receiving the extension. The department will provide a temporary extension tag, decal, or notice for a UST that receives an extension under this subsection.
(e) An inspection is not required for a tank that is permanently out of service.
(f) A person performing an inspection must be a certified inspector under 1 8 AAC 78.410 and shall ensure that the inspection conforms to the requirements in 18 AAC 78.455(a)(5).
(g) Not later than 30 days after a satisfactory operations inspection is completed or not later than September 30 of the year the inspection is due, whichever is earlier, the inspector who performed the inspection of the UST system shall provide to the department the results of the inspection on a form provided by the department. The form must be signed by the certified inspector who conducted the inspection and the owner or operator of the UST system.
(h) If, after inspection, the inspector finds that the UST system is not in compliance with this chapter,
(1) the inspector shall notify the owner or operator of non-compliance;
(2) not later than 10 days after the inspection was performed, the inspector shall submit the inspection report to the department;
(3) the department will consider the UST system to be a substandard UST until required repairs are completed in accordance with 18 AAC 78.055;
(4) the department will place the UST on the acceptance, delivery, and deposit prohibition under 18 AAC 78.018(a), and the owner or operator shall return, not later than 60 days after the inspection was performed, the tag, decal, or notice for the UST system to the department, unless
(A) the required repairs have been completed in accordance with 18 AAC 78.055 and the department receives documentation of those repairs; or
(B) the department
(i) receives from the owner or operator a written request accompanied by detailed repair information and a schedule of repairs; and
(ii) grants a temporary deferral under 18 AAC 78.018(c) of any prohibition on the acceptance, delivery, or deposit of petroleum; and
(5) the UST system must be temporarily taken out of service not later than 90 days after the date of inspection, unless the department has granted a temporary deferral under (4) of this subsection and 18 AAC 78.018(c); a substandard UST must be permanently closed under 18 AAC 78.085 not later than 15 months after the date of inspection unless an earlier date is required under 1 8 AAC 78.080(f).
(i) The owner or operator shall maintain the results of inspections performed under this section for as long as the UST is used to store petroleum.

18 AAC 78.059

Eff. 9/27/2018,Register 227, October 2018

Authority:AS 46.03.020

AS 46.03.365

AS 46.03.375

AS 46.03.380

AS 46.03.385

AS 46.03.395

AS 46.03.400

AS 46.03.405