Section 33-24-05-108 - Inspections1. The owner or operator shall develop and follow a schedule and procedure for inspecting overfill controls.2. The owner or operator shall inspect at least once each operating day data gathered from monitoring and leak detection equipment (for example, pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design. [Note: Subsection 3 of section 33-24-05-06 requires the owner or operator to remedy any deterioration or malfunction the owner or operator finds. Section 33-24-05-109 requires the owner or operator to notify the department within twenty-four hours of confirming a leak. Also, 40 CFR 302 may require the owner or operator to notify the national response center of a release.]
3. In addition, except as noted under subsection 4, the owner or operator must inspect at least once each operating day:a. Above ground portions of the tank system, if any, to detect corrosion or releases of waste.b. The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (for example, dikes) to detect erosion or signs of releases of hazardous waste (for example, wet spots, dead vegetation).4. Owners or operators of tank systems that either use leak detection systems to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly those areas described in subdivisions a and b of subsection 3. Use of the alternate inspection schedule must be documented in the facility's operating record. This documentation must include a description of the established workplace practices at the facility.5. Ancillary equipment that is not provided with secondary containment, as described in subdivisions a through d of subsection 6 of section 33-24-05-106, must be inspected at least once each operating day.6. The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly: a. The proper operation of the cathodic protection system must be confirmed within six months after initial installation and annually thereafter; andb. All sources of impressed current must be inspected or tested, or both, as appropriate, at least bimonthly (for example, every other month). [Note: The practices described in the national association of corrosion engineers standard, "Recommended Practice P-028-85 Control of External Corrosion on Metallic, Buried, Partially Buried, or Submerged Liquid Storage Systems", and American petroleum institute publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", may be used where applicable, as guidelines in maintaining and inspecting cathodic protection systems.]
7. The owner or operator shall document in the operating record of the facility an inspection of those items in subsections 1 through 3.N.D. Admin Code 33-24-05-108
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