Section 8-20.5-202 - Duties of director of division of oil and public safety - rules(1) The director of the division of oil and public safety shall promulgate and enforce rules that are no more stringent than the requirements contained in 42 U.S.C. sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal "Energy Policy Act of 2005", Pub.L. 109-58, as amended, for: (a) Notification requirements for owners and operators of underground storage tanks;(b) Design, performance, construction, and installation standards for new underground storage tanks;(c) Design, performance, construction, and installation standards for the upgrading of existing underground storage tanks;(d) General operating requirements;(f) Release reporting, investigation, and confirmation; and(g) (Deleted by amendment, L. 2007, p. 980, § 2, effective July 1, 2007.)(h) Financial responsibility for underground storage tank systems containing regulated substances.(1.5) The director of the division of oil and public safety shall promulgate and enforce rules for out-of-service underground storage tank systems and closure of such tanks.(1.7) Within one hundred twenty days after January 1, 2008, the director of the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of underground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for underground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an underground storage tank that contains renewable fuels may be more efficient and affordable.(2) The director of the division of oil and public safety shall ensure that:(a) All releases from underground storage tank systems are promptly assessed and that further releases are stopped;(b) Actions are taken to identify, contain, and mitigate any immediate fire and safety hazards that are posed by a release;(c) All releases from underground storage tank systems are investigated to determine if there are impacts of reportable quantities on subsurface soil, groundwater, and any nearby surface water;(d) All releases above reportable quantities are reported to the director of the division of oil and public safety.(3) The director of the division of oil and public safety shall, if necessary, negotiate and enter into memoranda of agreement with and apply for and receive grants from the United States environmental protection agency pursuant to the provisions of this article.(4) The director of the division of oil and public safety shall establish criteria pursuant to subsection (1) of this section for delegation of authority to local agencies.L. 95: Entire article added, p. 401, § 1, effective July 1. L. 97: (5) repealed, p. 1474, § 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, § 48, effective June 5. L. 2007: IP(1) amended, p. 387, § 5, effective April 3; (1.7) added, p. 1760, § 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, § 2, effective July 1.(1) This section is similar to former § 8-20-503 as it existed prior to 1995.
(2) Amendments to the introductory portion to subsection (1) by Senate Bill 07-031 and Senate Bill 07-247 were harmonized.