N.D. Admin. Code 33-24-08-100

Current through Supplement No. 393, July, 2024

Section 33-24-08-100 - Reporting by owner or operator

1. An owner or operator must submit the appropriate forms listed in subsection 2 of section 33-24-08-101 documenting current evidence of financial responsibility to the department:

a. Within thirty days after the owner or operator identifies a release from an underground storage tank required to be reported under section 33-24-08-43 or 33-24-08-51;

b. If the owner or operator fails to obtain alternate coverage as required by sections 33-24-08-80 through 33-24-08-106, within thirty days after the owner or operator receives notice of:

(1) Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy) United States Code, naming a provider of financial assurance as a debtor;

(2) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

(3) Failure of a guarantor to meet the requirements of the financial test; or

(4) Other incapacity of a provider of financial assurance; or

c. As required by subsection 7 of section 33-24-08-85 and subsection 2 of section 33-24-08-99.

2. An owner or operator must certify compliance with the financial responsibility requirements of 33-24-08 as specified in the new tank notification form when notifying the department of the installation of a new underground storage tank under section 33-24-08-12.

3. The department may require an owner or operator to submit evidence of financial assurance as described in subsection 2 of section 33-24-08-101 or other information relevant to compliance with sections 33-24-08-80 through 33-24-08-106 at any time.

N.D. Admin Code 33-24-08-100

Effective December 1, 1989; amended effective January 1, 2009.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 23-20.3-03, 23-20.3-04.1

Law Implemented: NDCC 23-20.3-04.1