Section 34A-2-101 - Promulgation of rules-Public health and water protection-ViolationThe board shall promulgate rules, pursuant to chapter 1-26, to develop procedures necessary to safeguard the public health and welfare and prevent pollution of the waters of the state from the leakage, spillage, release, or discharge of regulated substances from above ground stationary storage tanks. These rules must be exercised in substantial conformity with the codes and standards recommended by the National Fire Protection Association, as contained in NFPA30, Flammable and Combustible Liquids Code (January 1, 2024), and NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages (January 1, 2024). The rules must provide:
(1) Requirements for maintaining a leak detection system, an inventory system, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;(2) Requirements for maintaining records of any monitoring or leak detection system or inventory control system;(3) Requirements for the reporting of any releases and corrective action taken in response to a release from any above ground stationary storage tank;(4) Requirements for taking corrective action in response to a release from any above ground stationary storage tank;(5) Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;(6) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating any above ground stationary storage tank;(7) Standards of performance, including design, construction, installation, and compatibility standards for new above ground stationary storage tanks;(8) Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational above ground stationary storage tank; and(9) Requirements for providing tank information required on the form provided by the department.A violation of these rules is subject to § 34A-2-75.
SL 1987, ch 258, § 2; SL 1992, ch 158, § 32; SL 2011, ch 165, §63; SL 2024, ch 145, §5.Amended by S.L. 2024, ch. 145,s. 5, eff. 7/1/2024.