Section 33-24-08-37 - Criteria for delivery prohibition1. An underground storage tank shall be classified as ineligible for delivery, deposit, or acceptance of product upon determination by the department that the underground storage tank meets one or more of the following conditions: a. Spill prevention equipment as required by this chapter is not installed;b. Overfill protection equipment as required by this chapter is not installed;c. Leak detection equipment as required by this chapter is not installed;d. Corrosion protection equipment as required by this chapter is not installed; ore. Other conditions which the department determines may present an imminent and substantial endangerment to public health and the environment.2. The department may also classify an underground storage tank as ineligible for delivery, deposit, or acceptance of product if the owner or operator of that tank has been issued a written warning or citation (for example, field citation, warning letter, notice of violation), and has failed to take corrective action, within a reasonable period of time determined by the department, under any of the following circumstances: a. Failure to properly operate or maintain leak detection equipment;b. Failure to properly operate or maintain spill, overfill, or corrosion protection equipment;c. Failure to insure owners and operators of undergrounds storage tank systems have designated class A, class B, and class C operators;d. Failure to maintain financial responsibility;e. Failure to protect a buried metal flexible connector from corrosion; orf. Other conditions which the department determines may present an imminent and substantial endangerment to public health and the environment.3. The department shall retain the discretion to decide whether to identify an underground storage tank as ineligible to deliver, deposit, or accept product based on whether the prohibition is in the best interest of the public. In those cases where prohibition of delivery, deposit, or acceptance of product to an underground storage tank is not in the best interest of the public (for example, certain emergency generator underground storage tanks), the department may classify an underground storage tank as ineligible to receive product but authorize an emergency delivery.4. The department may also consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of product if such treatment would jeopardize the availability of, or access to, motor fuel in any rural and remote areas. The department shall only defer application of delivery prohibition for up to one hundred eighty days after determining an underground storage tank is ineligible for delivery, deposit, or acceptance of product.N.D. Admin Code 33-24-08-37
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