Title 49, The Environment

The provisions of this article shall not be construed to apply to any facility which receives funding under section 201 of the federal clean water act as amended (P.L. 97-117).

In this article, unless the context otherwise requires: 1. "Disposal" means discharging, depositing, injecting, dumping, spilling, leaking or placing a toxic substance or hazardous waste into or on land or water so that the toxic substance or hazardous waste or any constituent of…

A. A person who owns or operates a facility shall file a toxic data report on July 1 for the preceding calendar year if either of the following applies: 1. During the preceding calendar year, the owner or operator was required to file an annual toxic chemical release form for the…

A. A person who owns or operates a facility that meets the reporting requirements prescribed by section 49-962 shall prepare and implement a pollution prevention plan that addresses a reduction in the use of toxic substances and the generation of hazardous wastes. By January 1, 1…

A. The department shall review the submissions required under this article, including the plan and any amendments and reports, to determine if the submission is complete and correct as prescribed in sections 49-962 and 49-963. B. If a facility required to submit a plan or report …

A. The department shall establish a technical assistance program designed to assist all persons in reducing to the fullest extent possible the amount and toxicity of the hazardous waste that is generated or toxic substances that are used in this state. The assistance program may …

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information, or a particular part of the …

A. The department may not prepare or distribute public education information relating to any claims regarding household hazardous waste or substitutes for any household consumer product unless the information is competent and reliable and based on a test, analysis, research, stud…

A. A state agency that produces hazardous waste or uses toxic substances in excess of the threshold quantity and time limits prescribed in section 49-963 shall file a pollution prevention plan with the director. The pollution prevention plan shall have a goal of twenty percent re…

A. A state agency shall file a toxic data report on July 1 if the agency during the preceding calendar year generated ten thousand pounds or more of hazardous waste. For purposes of this section, the hazardous waste generated shall consist of the aggregate amount of hazardous was…

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…

A. Beginning on January 1, 2016 and continuing for twenty-four months, if an owner or operator makes a claim against its insurance or an alternative financial responsibility mechanism for a release and its claim is denied or otherwise not paid, the owner or operator shall provide…

A. For owners or operators that satisfy financial responsibility requirements through insurance, the following apply: 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-…

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…

A. A product deliverer shall not deliver, deposit or place a regulated substance into an underground storage tank that has a stop use tag from the director affixed to a fill pipe of the underground storage tank pursuant to subsection B of this section. B. The director may issue a…

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…

The excise tax prescribed by section 49-1031 and the programs it supports shall be reviewed at the same time as legislative review of the department conducted pursuant to title 41, chapter 27.

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.