Section 33-24-08-12 - Notification requirements1. After May 8, 1986, an owner must submit notice of a tank system's existence to the department within thirty days of bringing the underground storage tank system into use . Owners must use the form prescribed in appendix I. (NOTE: Owners and operators of underground storage tank systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the designated state or local agency in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by the environmental protection agency on November 8, 1985, (50 Federal Register 46602) unless notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Owners and operators who have not complied with the notification requirements may use portions I through VI of the notification form contained in appendix I.)
2. Within thirty days of acquisition, any person who assumes ownership of a regulated underground storage tank system, except as described in subsection 1, must submit a notice of the ownership change to the department, using the form in appendix I, state form in accordance with subsection 3.3. Owners required to submit notices under subsections 1 and 2 must provide notices to the department for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must file a separate notification form for each separate place of operation.4. Notices required to be submitted under subsection 1 must provide all of the information in sections I through VI of the prescribed form for each tank for which notice must be given.5. All owners and operators of new underground storage tank systems must certify in the notification form compliance with the following requirements:a. Installation of tanks and piping under subsection 6 of section 33-24-08-10;b. Cathodic protection of steel tanks and piping under subsections 1 and 2 of section 33-24-08-10;c. Financial responsibility under sections 33-24-08-80 through 33-24-08-106; andd. Release detection under sections 33-24-08-31 and 33-24-08-32.6. Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner's notification obligations under subsection 1. The statement provided in appendix II, when used on shipping tickets and invoices, may be used to comply with this requirement.7. All owners and operators of new underground storage tank systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with the requirements in subsection 5 of section 33-24-08-10.N.D. Admin Code 33-24-08-12
Effective December 1, 1989; amended effective April 1, 1992; 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