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

1. Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the tra…

All owners and operators of metal underground storage tank systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented until the underground storage tank system is permanently closed or undergoes a change-in…

1. Owners and operators must use an underground storage tank system made of or lined with materials that are compatible with the substance stored in the underground storage tank system. 2. Owners and operators must notify the department at least thirty days prior to switching to …

Owners and operators of underground storage tank systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store regulated substances. The repairs must meet the following requirements: 1…

Owners and operators of underground storage tank systems must cooperate fully with inspections, monitoring, and testing conducted by the department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to North Dakota Century Code…

for interstitial monitoring of piping and periodic inspection of overfill prevention equipment. 1. Owners and operators of underground storage tank systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet thes…

1. To properly operate and maintain underground storage tank systems, not later than April 1, 2021, owners and operators shall meet one of the following: a. Conduct a walkthrough inspection that, at a minimum, checks the following equipment as specified below: 25 (1) Every thirty…

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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systems. 1. Owners and operators of underground storage tank systems must provide a method, or combination of methods, of release detection that: a. Can detect a release from any portion of the tank and the connected underground piping that routinely contains product; b. Is insta…

systems. Owners and operators of petroleum underground storage tank systems must provide release detection for tanks and piping as follows: 1. Tanks. Tanks must be monitored for releases as follows: a. Tanks installed on or before September 28, 2018, must be monitored for release…

storage tank systems. Owners and operators of hazardous substance underground storage tank systems must provide containment that meets the following requirements and monitor these systems using subsection 7 of section 33.1-24-08-33 at least every thirty days: 1. Secondary contain…

Each method of release detection for tanks used to meet the requirements of section 33.1-24-08-31 must be conducted in accordance with the following: 1. Inventory control. Product inventory control (for another test of equivalent performance) must be conducted monthly to detect a…

and constructed to meet the following standards: (a) The below-grade piping operates at less than atmospheric pressure; (b) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released; (c) Only one check valve…

All underground storage tank system owners and operators must maintain records in accordance with section 33.1-24-08-24 demonstrating compliance with all applicable requirements of sections 33.1-24-08-30 through 33.1-24-08-35. These records must include the following: 1. All writ…

1. Tank owners and operators and transfer operators are responsible for ensuring that product is not delivered, deposited, or accepted into an underground storage tank identified by the department as ineligible to receive product. 2. For purposes of this section the term "undergr…

1. An underground storage tank shall be classified as ineligible for delivery, deposit, or acceptance of product upon determination by the department that the underground storage tank meets one or more of the following conditions: a. Spill prevention equipment as required by this…

1. Upon identifying an underground storage tank as ineligible for delivery, deposit, or acceptance of product, the department shall notify tank owners or operators in writing (for example, field notification or mail) prior to prohibiting the delivery, deposit, or acceptance of pr…

1. Upon notification by the owner or operator that the violation or violations has or have been corrected, the department shall confirm compliance. 2. The department shall reclassify an ineligible underground storage tank as eligible to receive product the same day the department…

Owners and operators of underground storage tank systems must report to the department within twenty-four hours, or another reasonable period specified by the department, and follow the procedures in section 33.1-24-08-42 for any of the following conditions: 1. The discovery by o…

When required by the department, owners and operators of underground storage tank systems must follow the procedures in section 33.1-24-08-42 to determine if the underground storage tank system is the source of offsite impacts. These impacts include the discovery of regulated sub…

Unless corrective action is initiated in accordance with sections 33.1-24-08-50 through 33.1-24-08-57, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 33.1-24-08-40 within seven days, o…

1. Owners and operators of underground storage tank systems must contain and immediately clean up a spill or overfill and report to the department within twenty-four hours, or another reasonable time period specified by the department, and begin corrective action in accordance wi…

A facility that normally has no employee or other responsible person onsite, or is open to dispense fuel at times when no employee or responsible person is onsite, shall have a sign posted in a conspicuous place, giving the name and telephone number of the facility owner, operato…

All owners and operators of underground storage tank systems shall ensure they have designated class A, class B, and class C operators who meet the requirements of sections 33.1-24-08-45 through

Operator training must evaluate operator knowledge in the areas described for each class of operator in accordance with subsections 1, 2, and 3 of section 33.1-24-08-45. 1. By August 8, 2012, the owner or operator of an underground storage tank system regulated by this chapter, e…

Class A and class B operators of underground storage tank systems determined by the department to be out of compliance shall complete a training program or comparable examination in accordance with requirements in section 33.1-24-18-45. The training program or comparable examinat…

class B, and class C operator for each tank system, except unattended cardtrol facilities which are not required to designate a class C operator. Either a class A, or class B, or class C operator must be present onsite during the operation of the tank system, except unattended ca…

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…

systems containing petroleum or hazardous substances. Owners and operators of petroleum or hazardous substance underground storage tank systems must, in response to a confirmed release from the underground storage tank system, comply with the requirements of this section except f…

Upon confirmation of a release in accordance with section 33.1-24-08-42 or after a release from the underground storage tank system is identified in any other manner, owners and operators must perform the following initial response actions within twenty-four hours of a release or…

1. Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures: a. Remove as much of the regulated substance from the underground storage tank system as is necessary to prevent further release to the environment; b. Visual…

1. Unless directed to do otherwise by the department, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in sections 33.1-24-08-50 and …

At sites where investigations under subdivision f of subsection 1 of section 33.1-24-08-52 indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any ac…

1. In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the ground water, owners and operators must conduct investigations of the release, the release site, and the surrou…

1. At any point after reviewing the information submitted in compliance with sections 33.1-24-08-51 through 33.1-24-08-53, the department may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contamin…

1. For each confirmed release that requires a corrective action plan, the department must provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned corrective action. This notice may include, but is not li…

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. When an underground storage tank system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with section 33.1-24-08-21, and any release detection in accordance with sections 33.1-24-08-30 through 33.1-24-08-…

1. At least thirty days before beginning either permanent closure or a change in service under subsections 2 and 3, or within another reasonable time period determined by the department, owners and operators must notify the department of their intent to permanently close or make …

the owner and operator must consider the nature of the stored substance, the type of backfill, depth to ground water, and other factors as appropriate for identifying the presence and source of the release; and f. Investigate to determine the possible presence of free product, an…

When directed by the department, the owner and operator of an underground storage tank system permanently closed before December 22, 1988, must assess the excavation zone and close the underground storage tank system in accordance with sections 33.1-24-08-60 through 33.1-24-08-64…

Owners and operators must maintain records in accordance with section 33.1-24-08-24 that are capable of demonstrating compliance with closure requirements under sections 33.1-24-08-60 through 33.1-24-08-64. The results of the excavation zone assessment required in section 33.1-24…

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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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…