Title 49 — The Environment

In this chapter, unless the context otherwise requires: 1. "Being used" means not having been taken out of operation. 2. "Closure" means the removal of an underground storage tank from operation. 3. "Corrective actions" means those actions that are prescribed pursuant to section …

A. In this chapter, "owner" of an underground storage tank means a person who either: 1. Holds a legal, equitable, or possessory interest of any kind in an underground storage tank. 2. Held at the time of a release, or immediately before an underground storage tank was last opera…

A. Except as otherwise provided in this section, each owner of an underground storage tank shall notify the department in writing and shall specify the tank's age, size, type, location and use. B. For an underground storage tank that was taken out of operation on or before Januar…

A. Until the rules adopted pursuant to subsection C are in effect, the owner and operator of an underground storage tank shall maintain a release detection system that complies with the requirements of 40 Code of Federal Regulations sections 280.40 through 280.44. B. Until the ru…

A. The operator and owner of an underground storage tank shall notify the department of each release or suspected release from the tank as soon as practicable but no later than twenty-four hours after the release or suspected release is detected. B. The operator of an underground…

A. When a release is discovered the owner and operator of an underground storage tank shall take immediate action to stop the release and to identify and mitigate any fire, explosion or vapor hazard. B. The owner or operator of an underground storage tank shall take corrective ac…

A. If required by regulations adopted pursuant to 42 United States Code section 6991b(d) to establish evidence of financial responsibility, an owner and operator shall file with the department a statement of financial responsibility containing evidence that the owner and operator…

B. If the insurance used to meet the financial responsibility requirements of this chapter is terminated or not renewed, the insurer shall notify the department of the termination or nonrenewal within thirty days after the date of termination or nonrenewal. The notice to the depa…

1. The policy that covers the underground storage tank system at the time the release is discovered shall be primary to eligibility under sections 49-1017 and 49-1054. 2. The owner or operator is not required to exhaust insurance coverage in order to be eligible under sections 49…

A. If the owner or operator of an underground storage tank files for protection under the federal bankruptcy laws and with reasonable diligence jurisdiction in a state court or the federal courts cannot be obtained over an owner or operator likely to be solvent at the time of jud…

The temporary closure, permanent closure and change in service of an underground storage tank shall be accomplished in a safe and secure manner which prevents releases of regulated substances. The director shall prescribe by rule standards for these activities. Any rules adopted …

A. A person shall not install an underground storage tank unless the underground storage tank meets all of the following requirements: 1. It is designed to prevent releases due to corrosion or structural failure for the operational life of the tank. 2. It is cathodically protecte…

A. The provisions of this chapter and the rules which implement this chapter, as they relate to the identification, prevention and remediation of releases of regulated substances from underground storage tanks are of statewide concern and shall not be subject to further local reg…

A. For the purposes of developing rules, conducting studies or enforcing the provisions of this chapter, an owner or operator of an underground storage tank shall, on request of the director: 1. Furnish to the department information relating to the tank and its associated equipme…

A. Records or other information furnished to or obtained by the director concerning regulated substances are available to the public, except that any records and information which relate to the trade secrets, processes, operations, style of work or apparatus or confidential stati…

A. If the director determines that a person is in violation of this chapter or the rules adopted pursuant to this chapter the director may issue an order requiring compliance within a reasonable time. A compliance order becomes final thirty days after the order is served unless w…

A. The director shall adopt rules pursuant to title 41, chapter 6 necessary to provide procedures for the administration of this chapter and to cause the program for the regulation of underground storage tanks established by this chapter to be approved by the administrator of the…

A. The underground storage tank revolving fund is established and shall be administered by the director. Monies in the fund are exempt from lapsing under section 35-190. B. The fund consists of monies appropriated by the legislature, underground storage tank tax revenues collecte…

A. Unless specifically indicated otherwise, the responsibilities of this chapter are imposed on the owner and the operator of an underground storage tank. If the owner and operator of an underground storage tank are separate persons, only one person is required to discharge any s…

A. The director may take corrective action with respect to a release of a regulated substance that is petroleum into the environment from an underground storage tank if the director determines that action is necessary to protect human health, safety or the environment and any of …

A. The director shall consider any offer by an owner or operator who is potentially liable for direct costs incurred by the director pursuant to section 49-1017, subsection C, without regard to the extent of that owner's or operator's liability, if the owner or operator is unable…

A. Subject to the availability of monies in the underground storage tank revolving fund that are allocated by the director, an owner, an operator or another person that meets the requirements of section 49-1016, subsection C may request that the department conduct one or more of …

The director shall give priority in undertaking state-led corrective actions pursuant to section 49-1017 to releases of regulated substances from underground storage tanks that pose the greatest threat to human health and the environment and shall consider the degree to which fin…

A. Any one of the following persons may bring an action in superior court against a person who caused or contributed to the release of a regulated substance from an underground storage tank to require that person to reimburse one of the following persons for the reasonable costs …

Each owner and operator of an underground storage tank that is subject to regulation under this chapter shall pay annually to the department a fee of one hundred dollars for each tank. An owner or operator who sold or relinquished legal, equitable or possessory interest in the pr…

Until rules adopted pursuant to this chapter are in effect, this chapter shall apply only to the extent described by 40 Code of Federal Regulations section 280.10 and the energy policy act. Rules adopted pursuant to this chapter shall apply only to underground storage tanks not e…

A. The director may undertake corrective action in response to a release from an underground storage tank that migrates on or under a person's property as the result of an occurrence at another property or that the department determines is likely to migrate on or under a person's…

B. The director may issue a stop use order to the owner and operator of the underground storage tank and affix a stop use tag that is easily visible to the product deliverer on all fill pipes of the underground storage tank to stop operation of the underground storage tank if eit…

A. The department shall compile a report on the underground storage tank revolving fund program on or before December 31, 2017, and on or before December 31 every three years thereafter. The department shall submit the report to the governor, the president of the senate and the s…

A. From and after July 1, 1990, there is imposed and the director shall collect an excise tax on the operation of underground storage tanks regulated under this chapter measured by the quantity of regulated substances placed in a tank in any calendar year. The tax is levied at th…

[Repealed or reserved.]

A. The tax levied under this article is due and payable annually on or before March 31 for the preceding calendar year and is delinquent if not postmarked on or before that date or if not received by the department on or before March 31 for taxpayers electing to file in person. B…

A. The director, for good cause, may extend the time for making any return required by this article and may grant such reasonable additional time within which to make the return as he deems proper if at least ninety per cent of the tax liability is paid when the extension is requ…

The director may require a person who is required to pay the tax under this article to appear, at reasonable times and on reasonable notice, at the director's office and produce such records and information as are specified in the notice to determine compliance with this article.…

A. If the tax, or any portion of the tax, is not paid on or before the date prescribed for its payment, the director shall collect, as part of the tax, interest on the unpaid amount at the rate determined pursuant to section 42-1123 from the date prescribed for payment until the …

The director shall promptly deposit, pursuant to sections 35-146 and 35-147, all monies collected under this article and shall credit these payments to the underground storage tank revolving fund.

B. This section does not relieve an owner, an operator or the designated representative of the owner or operator from any of the requirements of this chapter. C. While the application for preapproval is pending, the department may not take enforcement action or impose penalties a…

A. Beginning January 1, 2016 through January 1, 2033, during the baseline period, an owner, operator or person who meets the requirements of section 49-1016, subsection C may do the following: 1. Elect to conduct a baseline assessment pursuant to this section. 2. Request monies t…

A. The department may provide reimbursement from the underground storage tank revolving fund under the preapproval process prescribed in section 49-1051 in the amounts authorized by section 49-1054 of the costs incurred for the following: 1. Sampling, analysis and reporting that …

A. The department may provide reimbursement from the underground storage tank revolving fund for the reasonable and necessary costs of eligible activities pursuant to section 49-1053, subsection A for releases that are reported before the end of the baseline period established pu…

A. From and after December 31, 2032, only those releases of a regulated substance that are reported before January 1, 2033 as prescribed in section 49-1004 are eligible for corrective action cost reimbursements from the underground storage tank revolving fund. B. An application f…

B. Notwithstanding subsection A of this section, the department may forgo a lien on the property when the director orders corrective actions that are necessary to protect human health, safety or the environment pursuant to section 49-1017.

[Repealed or reserved.]

A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of the following types of actions, an owner, operator or person that meets the requirements of section 49-1016, subsection C may request th…

In this article, unless the context otherwise requires: 1. "Attended facility" means an underground storage tank facility at which it is the usual and customary practice for the owner or operator, or any employee of the owner or operator, to be present on site during normal hours…

A. Beginning from and after December 31, 1996, a person shall not perform tank services on an underground storage tank system unless the person is certified in accordance with this section and the rules adopted pursuant to this section, or is supervised by a person certified in a…

A. Beginning August 9, 2012, an owner or operator shall designate a class A individual who must be trained pursuant to subsections E and F of this section within thirty days or another period specified by the director after being designated by the owner or operator. B. Beginning …

A. A person that undertakes corrective action pursuant to section 49-1016, subsection C or an owner or operator may informally appeal the following decisions or determinations pursuant to this section: 1. A written interim decision from the underground storage tank program of the…

1. A written interim determination or interim decision from the department on matters relating to: (a) Owner or operator status. (b) Preapproval or reimbursement from the underground storage tank revolving fund established by section 49-1015. 2. The department's approval, disappr…