Section 33-24-05-645 - Used oil storage at transfer facilitiesUsed oil transporters are subject to all applicable spill prevention, control, and countermeasures [40 CFR part 112] in addition to the requirements of sections 33-24-05-640 through 33-24-05-649. Used oil transporters are also subject to the underground storage tank ( 33-24-08) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of sections 33-24-05-640 through 33-24-05-649.
1.Applicability. This section applies to used oil transfer facilities. Used oil transfer facilities are transportation-related facilities including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than twenty-four hours during the normal course of transportation and not longer than thirty-five days. Transfer facilities that store used oil for more than thirty-five days are subject to regulation under sections 33-24-05-650 through 33-24-05-659.2.Storage units. Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units subject to regulation under sections 33-24-05-01 through 33-24-05-190, sections 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, 33-24-05-800 through 33-24-05-819, or the applicable requirements of subsection 5 of section 33-24-06-16.3.Condition of units. Containers and aboveground tanks used to store used oil at transfer facilities must be: a. In good condition (no severe rusting, apparent structural defects, or deterioration); andb. Not leaking (no visible leaks).4.Secondary containment for containers. Containers used to store used oil at transfer facilities must be equipped with a secondary containment system. a. The secondary containment system must consist of, at a minimum:(1) Dikes, berms, or retaining walls; and(2) A floor. The floor must cover the entire area within the dikes, berms, or retaining walls; or(3) An equivalent secondary containment system.b. The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, ground water, or surface water.5.Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store used oil at transfer facilities must be equipped with a secondary containment system. a. The secondary containment system must consist of, at a minimum: (1) Dikes, berms, or retaining walls; and(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or(3) An equivalent secondary containment system.b. The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, ground water, or surface water.6.Secondary containment for new aboveground tanks. New aboveground tanks used to store used oil at transfer facilities must be equipped with a secondary containment system.a. The secondary containment system must consist of, at a minimum: (1) Dikes, berms, or retaining walls; and(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or(3) An equivalent secondary containment system.b. The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, ground water, or surface water.7.Labels.a. Containers and aboveground tanks used to store used oil at transfer facilities must be labeled or marked clearly with the words "Used Oil".b. Fill pipes used to transfer used oil into underground storage tanks at transfer facilities must be labeled or marked clearly with the words "Used Oil".8.Response to releases. Upon detection of a release of used oil to the environment not subject to the requirements of 33-24-08, sections 33-24-08-50 through 33-24-08-59, the owner or operator of a transfer facility must perform the following cleanup steps:b. Contain the released used oil;c. Clean up and manage properly the released used oil and other materials; andd. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.N.D. Admin Code 33-24-05-645
Effective January 1, 1994; amended effective July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04