Section 33-24-08-130 - Operating an underground storage tank or underground storage tank system (lender liability)1. Operating an underground storage tank or underground storage tank system prior to foreclosure. A holder, prior to foreclosure, as defined in subsection 3 of section 33-24-08-120, is not an "operator" of a petroleum underground storage tank or underground storage tank system for purposes of compliance with the underground storage tank technical standards as defined in subsection 1 of section 33-24-08-115, the underground storage tank corrective action requirements under sections 33-24-08-41 through 33-24-08-57, and the underground storage tank financial responsibility requirements under sections 33-24-08-80 through 33-24-08-101, provided that, after December 6, 1995, the holder is not in control of or does not have responsibility for the daily operation of the underground storage tank or underground storage tank system. 2. Operating an underground storage tank or underground storage tank system after foreclosure. The following provisions apply to a holder who, through foreclosure, as defined in subsection 3 of section 33-24-08-120, acquires a petroleum underground storage tank or underground storage tank system or facility or property on which a petroleum underground storage tank or underground storage tank system is located. a. A holder is not an "operator" of a petroleum underground storage tank or underground storage tank system for purposes of compliance with 33-24-08 if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the underground storage tank or underground storage tank system, and who can be held responsible for compliance with applicable requirements of 33-24-08. b. If another operator does not exist, as provided for under subdivision a, a holder is not an "operator" of the underground storage tank or underground storage tank system, for purposes of compliance with the underground storage tank technical standards as defined in subsection 1 of section 33-24-08-115, the underground storage tank corrective action requirements under sections 33-24-08-41 through 33-24-08-57, and the underground storage tank financial responsibility requirements under sections 33-24-08-80 through 33-24-08-101, provided that the holder: (1) Empties all of its known underground storage tanks or underground storage tank systems within sixty calendar days after foreclosure or within sixty calendar days after Decembers, 1995, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters [1 inch] of residue, or three-tenths of one percent [0.3] by weight of the total capacity of the underground storage tank system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment; and (2) Empties those underground storage tanks and underground storage tank systems that are discovered after foreclosure within sixty calendar days after discovery or within sixty calendar days after December 6, 1995, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters [1 inch] of residue, or three-tenths of one percent [0.3] by weight of the total capacity of the underground storage tank system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment. c. If another operator does not exist, as provided for under subdivision a, in addition to satisfying the conditions under subdivision b, the holder must either: (1) Permanently close the underground storage tank or underground storage tank system in accordance with sections 33-24-08-61 through 33-24-08-64, except subsection 2 of section 33-24-08-62; or (2) Temporarily close the underground storage tank or underground storage tank system in accordance with the following applicable provisions of section 33-24-08-60: (a) Continue operation and maintenance of corrosion protection in accordance with section 33-24-08-21; (b) Report suspected releases to the department; and (c) Conduct a site assessment in accordance with subsection 1 of section 33-24-08-62 if the underground storage tank system is temporarily closed for more than twelve months and the underground storage tank system does not meet either the performance standards in section 33-24-08-10 for new underground storage tank systems or the upgrading requirements in section 33-24-08-11, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run December 6, 1995, or from the date on which the underground storage tank system is emptied and secured under subdivision b, whichever is later. d. The underground storage tank system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the underground storage tank or underground storage tank system or facility or property on which the underground storage tank or underground storage tank system is located. Once a subsequent purchaser acquires marketable title to the underground storage tank or underground storage tank system or facility or property on which the underground storage tank or underground storage tank system is located, the purchaser must decide whether to operate or close the underground storage tank or underground storage tank system in accordance with applicable requirements in 33-24-08.APPENDIX I
APPENDIX II
N.D. Admin Code 33-24-08-130
Effective January 1, 2009.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1.