Chapter 24-08. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

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1. Sections 33.1-24-08-80 through 33.1-24-08-106 apply to owners and operators of all petroleum underground storage tank systems except as otherwise provided. 2. Owners and operators of petroleum underground storage tank systems are subject to these requirements in accordance wit…

Owners of petroleum underground storage tanks shall immediately comply with the requirements of sections 33.1-24-08-80 through 33.1-24-08-106. Owners of previously deferred systems shall comply with the requirements of this section according to the schedule in subsection 1 of sec…

When used in sections 33.1-24-08-80 through 33.1-24-08-106, the following terms have the meanings given below: 1. "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective actio…

1. Owners or operators of petroleum underground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum unde…

1. Subject to the limitations of subsections 2 and 3, an owner or operator, including a local government owner or operator may use any one or combination of the mechanisms listed in sections 33.1-24-08-85 through 33.1-24-08-93 to demonstrate financial responsibility under section…

1. An owner or operator, or guarantor, or both, may satisfy the requirements of section 33.1-24-08-83 by passing a financial test as specified in this section. To pass the financial test of self-insurance, the owner or operator, or guarantor, or both, must meet the criteria of su…

1. An owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be: a. A firm that: (1) Possesses a controlling interest in the owner or operator; (2) Possesses a controll…

1. An owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or a…

1. An owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest circula…

1. An owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity that has the authority to issue letters of credit in eac…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

1. An owner or operator may satisfy the requirements of section 33.1-24-08-83 by establishing a trust fund that conforms to the requirements of this section. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and exam…

1. An owner or operator using any one of the mechanisms authorized by section 33.1-24-08-86, 33.1-24-08-88, or 33.1-24-08-89 must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authority to act a…

1. A general purpose local government owner or operator, or local government, or both, serving as a guarantor may satisfy the requirements of section 33.1-24-08-83 currently outstanding issue or issues of general obligation bonds of one million dollars or more, excluding refunded…

1. A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess an…

1. A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be either the estate in which the local government owner or operator is located or a local …

A local government owner or operator may satisfy the requirements of section 33.1-24-08-83 establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in subsection 2, a dedicated fund may not be commingled with other funds or othe…

33.1-24-08-93. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03, 23.1-04-06; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-04-06; S.L. 2017, ch. 199, § 19

1. Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. a. Termination of a guarantee, a surety bond, or a letter of credit may not occur u…