North Dakota Administrative Code

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…

hydrant fuel distribution systems definitions. For purposes of this section, the following definitions apply: 1. "Airport hydrant fuel distribution system" (also called airport hydrant system) means an underground storage tank system which fuels aircraft and operates under high p…

1. Implementation of requirements. Owners and operators shall comply with the requirements of this chapter for underground storage tank systems with field-constructed tanks and airport hydrant systems as follows: a. For underground storage tank systems installed on or before Apri…

with field-constructed tanks and airport hydrant systems. 1. Exception to piping secondary containment requirements. Owners and operators may use single-walled piping when installing or replacing piping associated with underground storage tank systems with field-constructed 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…