Section 33-24-05-105 - Design and installation of new tank systems or components1. Owners or operators of new tank systems or components shall obtain and submit to the department, at time of submittal of part B application information, a written assessment, reviewed and certified by a qualified professional engineer, in accordance with subsection 4 of section 33-24-06-03, attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. The assessment must show that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the wastes to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. This assessment, which will be used by the department to review and approve or disapprove the acceptability of the tank system design, must include, at a minimum, the following information: a. Design standards according to which tanks or the ancillary equipment, or both, are constructed;b. Hazardous characteristics of the waste to be handled;c. For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:(1) Factors affecting the potential for corrosion including, but not limited to: (a) Soil moisture content;(e) Structure to soil potential;(f) Influence of nearby underground metal structures (for example, piping);(g) Existence of stray electric current; and(h) Existing corrosion protecting measures (for example, coating, cathodic protection); and(2) The type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following: (a) Corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.;(b) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (for example, impressed current or sacrificial anodes);(c) Electrical isolation devices such as insulating joints and flanges; [Note: The practices described in the national association of corrosion engineers standard, "Recommended Practice (RP-02-85) Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems", and the American petroleum institute publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", may be used, where applicable, as guidelines in providing corrosion protection for tank systems.]
(d) For underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and(e) Design considerations to ensure that: [1] Tank foundations will maintain the load of a full tank;[2] Tank systems will be anchored to prevent floatation or dislodgment where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of subsection 1 of section 33-24-05-09; and[3] Tank systems will withstand the effects of frost heave.2. The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or a qualified professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, shall inspect the system for the presence of any of the following items: c. Scrapes of protective coating;f. Other structural damage or inadequate construction or installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
3. New tank systems or components that are placed underground and that are backfilled must be provided with a backfill material that is of a noncorrosive, porous, homogenous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.4. All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed, or placed into use. If a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system must be performed prior to the tank system being covered, enclosed, or placed into use.5. Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction. [Note: The piping system installation procedures described in American petroleum institute publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems", or American national standards institute standard B31.3 "Petroleum Refinery Piping" and American national standards institute standard B31.4, "Liquid Petroleum Transportation Piping System", may be used where applicable, as guidelines for proper installation of piping systems.]
6. The owner or operator shall provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on information provided under subdivision c of subsection 1 or other corrosion protection if the department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. Installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.7. The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subsections 2 through 6, attesting that the tank system was properly designed and installed and that repairs, pursuant to subsections 2 and 4 were performed. These written statements must also include the certification statement as required in subsection 4 of section 33-24-06-03.N.D. Admin Code 33-24-05-105
Effective January 1, 1984; amended effective December 1, 1988; 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