http://uscode.house.gov/download/pls/42c82.txt

42 USC Sec. 6991a 02/01/2010

- EXPCITE

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TITLE 42

- THE PUBLIC HEALTH AND WELFARE

CHAPTER 82

- SOLID WASTE DISPOSAL

SUBCHAPTER IX

- REGULATION OF UNDERGROUND STORAGE TANKS

- HEAD

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Sec. 6991a. Notification

- STATUTE

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(a) Underground storage tanks

(1) Within 18 months after November 8, 1984, each owner of an

underground storage tank shall notify the State or local agency or

department designated pursuant to subsection (b)(1) of this section

of the existence of such tank, specifying the age, size, type,

location, and uses of such tank.

(2)(A) For each underground storage tank taken ou t of operation

after January 1, 1974, the owner of such tank shall, within

eighteen months after November 8, 1984, notify the State or local

agency, or department designated pursuant to subsection (b)(1) of

this section of the existence of such tanks (unless the owner knows

the tank subsequently was removed from the ground). The owner of a

tank taken out of operation on or before January 1, 1974, shall not

be required to notify the State or local agency under this

subsection.

(B) Notice under subparagraph (A) shall specify, to the extent

known to the owner

- (i) the date the tank was taken out of operation,

(ii) the age of the tank on the date taken out of operation,

(iii) the size, type and location of the tank, and

(iv) the type and quantity of substances left stored in such

tank on the date taken out of operation.

(3) Any owner which brings into use an underground storage tank

after the initial notification period s pecified under paragraph

(1), shall notify the designated State or local agency or

department within thirty days of the existence of such tank,

specifying the age, size, type, location and uses of such tank.

(4) Paragraphs (1) through (3) of this subsection shall not apply

to tanks for which notice was given pursuant to section 9603(c) of

this title.

(5) Beginning thirty days after the Administrator prescribes the

form of notice pursuant to subsection (b)(2) of this secti on and

for eighteen months thereafter, any person who deposits regulated

substances in an underground storage tank shall reasonably notify

the owner or operator of such tank of the owner's notification

requirements pursuant to this subsecti on.

(6) Beginning thirty days after the Administrator issues new tank

performance standards pursuant to section 6991b(c) of this title,

any person who sells a tank intended to be used as an underground

storage tank shall notify the purchaser of such tank of the owner's

notification requirements pursuant to this subsection.

(b) Agency designation

(1) Within one hundred and eighty days after November 8, 1984,

the Governors of each State shall de signate the appropriate Stateagency or department or local agencies or departments to receive

the notifications under subsection (a)(1), (2), or (3) of this

section.

(2) Within twelve months after November 8, 1984, the

Administrator, in consultation with State and local officials

designated pursuant to subsection (b)(1) of this section, and after

notice and opportunity for public comment, shall prescribe the form

of the notice and the information to be included in the

notifications under subsection (a)(1), (2), or (3) of this section.

In prescribing the form of such notice, the Administrator shall

take into account the effect on small businesses and other owners

and operators.

(c) State inventories

Each State shall make 2 separate inventories of all underground

storage tanks in such State containing regulated substances. One

inventory shall be made with respect to petroleum and one with

respect to other regulated substances. In making su ch inventories,

the State shall utilize and aggregate the data in the notification

forms submitted pursuant to subsections (a) and (b) of this

section. Each State shall submit such aggregated data to the

Administrator not later than 270 day s after October 17, 1986.

(d) Public record

(1) In general

The Administrator shall require each State that receives

Federal funds to carry out this subchapter to maintain, update at

least annually, and make available to the public, in such manner

and form as the Administrator shall prescribe (after consultation

with States), a record of underground storage tanks regulated

under this subchapter.

(2) Considerations

To the maximum extent practicable, the public record of a

State, respectively, shall include, for each year

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(A) the number, sources, and causes of underground storage

tank releases in the State;

(B) the record of compliance by underground storage tanks in

the State with

- (i) this subchapter; or

(ii) an applicable State program approved under section

6991c of this title; and

(C) data on the number of underground storage tank equipment

failures in the State.

- SOURCE

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(Pub. L. 89

- 272, title II, Sec. 9002, as added Pub. L. 98

- 616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3278; amended Pub. L.

99

- 499, title II, Sec. 205(b), Oct. 17, 1986, 10 0 Stat. 1696; Pub.

L. 109

- 58, title XV, Sec. 1526(c), Aug. 8, 2005, 119 Stat. 1098.)

- MISC1

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AMENDMENTS

2005

- Subsec. (d). Pub. L. 109

- 58 added subsec. (d).

1986

- Subsec . (c). Pub. L. 99

- 499 added subsec. (c).