reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-33 - Methods of release detection for tanks

Current through Supplement No. 393, July, 2024
Each method of release detection for tanks used to meet the
				  requirements of section
				  33-24-08-31
				  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 release of at least one percent of flowthrough
				plus one hundred thirty gallons [492.10 liters] on a monthly basis in the
				following manner:
a. Inventory volume
				measurements for regulated substance inputs, withdrawals, and the amount still
				remaining in the tank are recorded each operating day;
b. The equipment used is capable of measuring
				the level of product over the full range of the tank's height to the nearest
				one-eighth of an inch [3.05 millimeters];
c. The regulated substance inputs are
				reconciled with delivery receipts by measurement of the tank inventory volume
				before and after delivery;
d.
				Deliveries are made through a drop tube that extends to within one foot [0.30
				meters] of the tank bottom;
e.
				Product dispensing is metered and recorded within the local standards for meter
				calibration or an accuracy of six cubic inches [98.32 milliliters] for every
				five gallons [18.93 liters] of product withdrawn; and
f. The measurement of any water level in the
				bottom of the tank is made to the nearest one-eighth of an inch [3.05
				millimeters] at least once a month.
(NOTE: Practices described in the American Petroleum
				  Institute , Recommended Practice RP 1621, "Bulk Liquid Stock Control at Retail
				  Outlets", may be used, where applicable, as guidance in meeting the
				  requirements.)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-34 - Methods of release detection for piping

Current through Supplement No. 393, July, 2024
Each method of release detection for piping used to meet the
				  requirements of subsection 2 of section
				  33-24-08-10
				  and section
				  33-24-08-31
				  must be conducted in accordance with the following:
1.
Automatic line leak
				detectors.
Methods which alert the operator to the presence of a leak by
				restricting or shutting off the flow of regulated substances through piping or
				triggering an audible or visual alarm may be used only if they detect leaks of
				three gallons [11.36 liters] per hour at ten pounds per square inch line
				pressure within one hour. An annual test of the operation of the leak detector
				must be conducted in accordance with subdivision c of subsection 1 of section
				33-24-08-30.
2.
Line tightness testing.
A
				periodic test of piping may be conducted only if it can detect a one-tenth
				gallon [.38 liter] per hour leak rate at one and one-half times the operating
				pressure.
3.
Applicable tank
				methods.
Except as described in subsection 1 of section
				33-24-08-31,
				any of the methods in subsections 5 through 9 of section
				33-24-08-33
				may be used if they are designed to detect a release from any portion of the
				underground piping that routinely contains regulated substances.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-35 - Release detection recordkeeping

Current through Supplement No. 393, July, 2024
All underground storage tank system owners and operators must
				  maintain records in accordance with section
				  33-24-08-24
				  demonstrating compliance with all applicable requirements of sections
				  33-24-08-30
				  through 33-24-08-35. These records must include the following:
1. All written performance claims pertaining
				to any release detection system used, and the manner in which these claims have
				been justified or tested by the equipment manufacturer or installer, must be
				maintained for five years or for another reasonable period of time determined
				by the department, from the date of installation. Not later than April 1, 2021,
				records of site assessments required under subdivision f of subsection 5 and
				subdivision g of subsection 6 of section
				33-24-08-33
				must be maintained for as long as the methods are used. Records of site
				assessments developed after April 1, 2018, must be signed by a professional
				engineer or professional geologist, or equivalent licensed professional with
				experience in environmental engineering, hydrogeology, or other relevant
				technical discipline acceptable to the department.
2. The results of any sampling, testing, or
				monitoring must be maintained for at least one year, or for another reasonable
				period of time determined by the department, except as follows:
a. The results of annual operation tests
				conducted in accordance with subdivision c of subsection 1 of section
				33-24-08-30
				must be maintained for three years. At a minimum, the results must list each
				component tested, indicate whether each component tested meets criteria in
				subdivision c of subsection 1 of section
				33-24-08-30
				or needs to have action taken, and describe any action taken to correct an
				issue; and
b. The results of tank
				tightness testing conducted in accordance with subsection 3 of section
				33-24-08-33
				must be retained until the next test is conducted; and
c. The results of tank tightness testing,
				line tightness testing, and vapor monitoring using a tracer compound placed in
				the tank system conducted in accordance with subsection 4 of section
				33-24-08-72
				must be retained until the next test is conducted.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-36 - Applicability (delivery prohibition)

Current through Supplement No. 393, July, 2024
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
				"underground storage tank" means those tanks that satisfy the definition of
				petroleum underground storage tank system in section
				33-24-08-03,
				except for those tanks identified as excluded or deferred storage
				tanks.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-37 - Criteria for delivery prohibition

Current through Supplement No. 393, July, 2024
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 chapter is not installed;
b.
				Overfill protection equipment as required by this chapter is not
				installed;
c. Leak detection
				equipment as required by this chapter is not installed;
d. Corrosion protection equipment as required
				by this chapter is not installed; or
e. Other conditions which the department
				determines may present an imminent and substantial endangerment to public
				health and the environment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-38 - Mechanisms for designating tanks ineligible for delivery

Current through Supplement No. 393, July, 2024
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 product into the ineligible tank.
2. After reasonable effort is made to notify
				the underground storage tank owner or operator in writing, the department may
				affix a "red tag" to the fill pipe of the noncompliant underground storage tank
				system using a tamper-resistant strap or straps, fill pipe bag, or any
				combination thereof so that the tag clearly identifies the tank as ineligible
				to receive product.
3. The
				department shall develop a process and procedure for notifying transfer
				operators when an underground storage tank is ineligible for delivery, deposit,
				or acceptance of product. Notice shall be made available (for example,
				electronic listing) to transfer operators within twenty-four hours of an
				underground storage tank being identified as ineligible to receive
				product.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-39 - Reclassifying ineligible tanks as eligible for delivery

Current through Supplement No. 393, July, 2024
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 confirms that the underground storage tank has been returned to
				compliance. Likewise, notice shall be made available to transfer operators the
				same day an ineligible tank has been reclassified as eligible to receive
				product.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-40 - Reporting of suspected releases

Current through Supplement No. 393, July, 2024
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
				  33-24-08-42
				  for any of the following conditions:
1. The discovery by owners and operators or
				others of released regulated substances at the underground storage tank site or
				in the surrounding area (such as the presence of free product or vapors in
				soils, basements, sewer and utility lines, and nearby surface water);
2. Unusual operating conditions observed by
				owners and operators (such as the erratic behavior of product dispensing
				equipment, the sudden loss of product from the underground storage tank system,
				an unexplained presence of water in the tank, or liquid in the interstitial
				space of secondarily contained systems), unless :
a. The system equipment or component is found
				not to be releasing regulated substances to the environment;
b. Any defective system equipment or
				component is immediately repaired or replaced; and
c. For secondarily contained systems, except
				as provided for in paragraph 4 of subdivision b of subsection 7 of section
				33-24-08-33,
				any liquid in the interstitial space not used as part of the interstitial
				monitoring method (for example, brine filled) is immediately removed.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-41 - Investigation due to offsite impacts

Current through Supplement No. 393, July, 2024
When required by the department, owners and operators of
				  underground storage tank systems must follow the procedures in section
				  33-24-08-42 to determine if the
				  underground storage tank system is the source of offsite impacts. These impacts
				  include the discovery of regulated substances (such as the presence of free
				  product or vapors in soils, basements, sewer and utility lines, and nearby
				  surface and drinking waters) that has been observed by the department or
				  brought to its attention by another party.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-42 - Release investigation and confirmation steps

Current through Supplement No. 393, July, 2024
Unless corrective action is initiated in accordance with
				  sections
				  33-24-08-50
				  through
				  33-24-08-57,
				  owners and operators must immediately investigate and confirm all suspected
				  releases of regulated substances requiring reporting under section
				  33-24-08-40
				  within seven days, or another reasonable time period specified by the
				  department, using either the following steps or another procedure approved by
				  the department:
1.
System
				test.
Owners and operators must conduct tests (according to the
				requirements for tightness testing in subsection 3 of section
				33-24-08-33
				and subsection 2 of section
				33-24-08-34
				or, as appropriate, secondary containment testing described in subsection 4 of
				section
				33-24-08-23) .
a. The test must determine whether :
(1) A leak exists in that portion of the tank
				that routinely contains product, or the attached delivery piping; or
(2) A breach of either wall of the secondary
				containment has occurred.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-43 - Reporting and cleanup of spills and overfills

Current through Supplement No. 393, July, 2024
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 with sections
				33-24-08-50 through
				33-24-08-57 in the following
				cases:
a. Spill or overfill of petroleum that
				results in a release to the environment that exceeds twenty-five gallons [94.63
				liters] or another reasonable amount specified by the department, or that
				causes a sheen on nearby surface water; and
b. Spill or overfill of a hazardous substance
				that results in a release to the environment that equals or exceeds its
				reportable quantity under the Comprehensive Environmental Response,
				Compensation, and Liability Act [ 40 CFR 302 ].
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-44 - Unattended cardtrol facilities

Current through Supplement No. 393, July, 2024
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,
				  operator, or local emergency responders, and an emergency shutoff device, if
				  the facility dispenses fuel.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-45 - Operator designations and requirements for operator training

Current through Supplement No. 393, July, 2024
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 33-24-08-45 through
				  33-24-08-48.
				  Owners or operators of underground storage tank systems must designate a class
				  A, 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 cardtrol facilities which
				  must have a posted sign in accordance with section
				  33-24-08-44.
Separate individuals may be designated for each class of
				  operator or an individual may be designated to more than one operator class. An
				  individual who is designated to more than one operator class must be trained in
				  each operator class for which the individual is designated. Owners or operators
				  must notify the department (for example, written or electronic notice: name of
				  owner, business location address, city, state, zip code, and telephone number),
				  and provide the name of the designated class A and class B operator for each
				  underground storage tank facility owned. The owner or operator shall notify the
				  department of any change of designated class A or class B operators within
				  thirty days of the change. Documentation identifying the designated class C
				  operators shall be maintained at each facility.
1. The class A operator has primary
				responsibility to operate and maintain the underground storage tank system. The
				class A operator's responsibilities include managing resources and personnel to
				achieve and maintain compliance with regulatory requirements. Each designated
				class A operator must either be trained in accordance with subdivisions a and
				b, or pass a comparable examination in accordance with subsection 5.
a. At a minimum, the training program for the
				class A operator must provide general knowledge of the requirements in this
				subdivision. At a minimum, the training must teach the class A operators, as
				applicable, about the purpose, methods, and function of:
(1) Spill and overfill prevention;
(2) Release detection;
(3) Corrosion protection;
(4) Emergency response;
(5) Product and equipment compatibility and
				demonstration;
(6) Financial
				responsibility;
(7) Notification
				and storage tank registration;
(8)
				Temporary and permanent closure;
(9) Related reporting, recordkeeping,
				testing, and inspections;
(10)
				Environmental and regulatory consequences of releases; and
(11) Training requirements for class B and
				class C operators.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-46 - Timing of operator training and reciprocity

Current through Supplement No. 393, July, 2024
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
				  33-24-08-45.
1. By August 8, 2012, the owner or operator
				of an underground storage tank system regulated by this chapter, except those
				excluded by regulation in subsection 2 of section
				33-24-08-01,
				and those deferred by regulation in subsection 3 of section
				33-24-08-01,
				shall have trained class A, class B, and class C operators for each facility
				owned.
2. After August 8, 2012,
				class A and class B operators must be trained within thirty days or another
				reasonable period specified by the department, after assuming operation and
				maintenance responsibilities of the underground storage tank system. Class C
				operators must be trained before assuming responsibility for responding to
				emergencies.
3. Training of
				underground storage tank system operators shall be performed by the department
				or by a third-party trainer approved by the department, except that a trained
				class A, or class B, operator may train a class C operator.
4. Training reciprocity. The department may
				accept operator training certification verification from other states that have
				equivalent operator training requirements.
NOTE: The following alternate third-party methods may be used
				  to comply with this section: a certificate issued by a nationally recognized
				  underground storage tank operator examination approved by the department; or
				  written proof of successful completion of an equivalent operator training and
				  testing program that has received prior approval from the
				  department.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-47 - Operator retraining

Current through Supplement No. 393, July, 2024
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 33-24-18-45. The training program or comparable examination must be
				  developed or administered by an independent organization, the department, or a
				  recognized authority. At a minimum, the training must cover the area determined
				  to be out of compliance. Underground storage tank system owners and operators
				  shall ensure class A and class B operators are retrained pursuant to this
				  section no later than thirty days from the date the department determines the
				  facility is out of compliance except in one of the following situations:
1. Class A and class B operators take annual
				refresher training. Refresher training for class A and class B operators must
				cover all applicable requirements in section 33-24-18-45; or
2. The department, at its discretion, waives
				this retraining requirement for either the class A or class B operator or
				both.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-48 - Operator training documentation

Current through Supplement No. 393, July, 2024
Owners and operators of underground storage tank systems
				  shall maintain a list of designated class A, class B, and class C operators and
				  maintain records verifying that training and retraining, as applicable, have
				  been completed, in accordance with section 33-24-18-24 as follows:
1. The list must:
a. Identify all class A, class B, and class C
				operators currently designated for the facility; and
b. Include names, class of operator trained,
				date assumed duties, date each completed initial training, and any
				retraining.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-49 - Reserved

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-50 - General release response and corrective action for underground storage tank systems containing petroleum or hazardous substances

Current through Supplement No. 393, July, 2024
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 for underground storage tanks excluded under subsection 2 of
				  section 33-24-08-01 and underground
				  storage tank systems subject to the hazardous waste provisions of North Dakota
				  Century Code chapter 23-20.3.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-51 - Initial response

Current through Supplement No. 393, July, 2024
Upon confirmation of a release in accordance with section
				  33-24-08-42 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 within another reasonable period of time
				  determined by the department:
1.
				Report the release to the department (for example, by telephone or electronic
				mail);
2. Take immediate action to
				prevent any further release of the regulated substance into the environment;
				and
3. Identify and mitigate fire,
				explosion, and vapor hazards.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-52 - Initial abatement measures and site check

Current through Supplement No. 393, July, 2024
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.
				Visually inspect any aboveground releases or exposed belowground releases and
				prevent further migration of the released substance into surrounding soils and
				ground water;
c. Continue to
				monitor and mitigate any additional fire and safety hazards posed by vapors or
				free product that have migrated from the underground storage tank excavation
				zone and entered into subsurface structures (such as sewers or basements);
d. Remedy hazards posed by
				contaminated soils that are excavated or exposed as a result of release
				confirmation, site investigation, abatement, or corrective action activities.
				If these remedies include treatment or disposal of soils, the owner and
				operator must comply with applicable state and local requirements;
e. Measure for the presence of a release
				where contamination is most likely to be present at the underground storage
				tank site, unless the presence and source of the release have been confirmed in
				accordance with the site check required by subsection 2 of section
				33-24-08-42 or the closure site
				assessment of subsection 1 of section
				33-24-08-62. In selecting sample
				types, sample locations, and measurement methods, 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, and begin free
				product removal as soon as practicable and in accordance with section
				33-24-08-54.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-53 - Initial site characterization

Current through Supplement No. 393, July, 2024
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
				33-24-08-50 and
				33-24-08-51. This information must
				include, but is not necessarily limited to, the following:
a. Data on the nature and estimated quantity
				of release;
b. Data from available
				sources or site investigations, or both, concerning the following factors:
				surrounding populations, water quality, use and approximate locations of wells
				potentially affected by the release, subsurface soil conditions, locations of
				subsurface sewers, climatological conditions, and land use;
c. Results of the site check required under
				subdivision e of subsection 1 of section
				33-24-08-52; and
d. Results of the free product investigations
				required under subdivision f of subsection 1 of section
				33-24-08-52, to be used by owners
				and operators to determine whether free product must be recovered under section
				33-24-08-54.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-54 - Free product removal

Current through Supplement No. 393, July, 2024
At sites where investigations under subdivision f of
				  subsection 1 of section
				  33-24-08-52 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 actions initiated under sections
				  33-24-08-51 through
				  33-24-08-53, or preparing for
				  actions required under sections
				  33-24-08-55 and
				  33-24-08-56. In meeting the
				  requirements of this section, owners and operators must:
1. Conduct free product removal in a manner
				that minimizes the spread of contamination into previously uncontaminated zones
				by using recovery and disposal techniques appropriate to the hydrogeologic
				conditions at the site, and that properly treats, discharges, or disposes of
				recovery byproducts in compliance with applicable local, state, and federal
				regulations;
2. Use abatement of
				free product migration as a minimum objective for the design of the free
				product removal systems;
3. Handle
				any flammable products in a safe and competent manner to prevent fires or
				explosions; and
4. Unless directed
				to do otherwise by the department, prepare and submit to the department, within
				forty-five days after confirming a release, a free product removal report that
				provides at least the following information:
a. The name of the persons responsible for
				implementing the free product removal measures;
b. The estimated quantity, type, and
				thickness of free product observed or measured in wells, boreholes, and
				excavations;
c. The type of free
				product recovery system used;
d.
				Whether any discharge will take place onsite or offsite during the recovery
				operation and where this discharge will be located;
e. The type of treatment applied to, and the
				effluent quality expected from, any discharge;
f. The steps that have been or are being
				taken to obtain necessary permits for any discharge; and
g. The disposition of the recovered free
				product.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-55 - Investigations for soil and ground water cleanup

Current through Supplement No. 393, July, 2024
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 surrounding area possibly affected by the release if any of the following
				conditions exist:
a. There is evidence that
				ground water wells have been affected by the release (for example, as found
				during release confirmation or previous corrective action measures);
b. Free product is found to need recovery in
				compliance with section
				33-24-08-54;
c. There is evidence that contaminated soils
				may be in contact with ground water (for example, as found during conduct of
				the initial response measures or investigations required under sections
				33-24-08-50 through
				33-24-08-54); and
d. The department requests an investigation,
				based on the potential effects of contaminated soil or ground water on nearby
				surface water and ground water resources.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-56 - Corrective action plan

Current through Supplement No. 393, July, 2024
1. At any
				point after reviewing the information submitted in compliance with sections
				33-24-08-51 through
				33-24-08-53, the department may
				require owners and operators to submit additional information or to develop and
				submit a corrective action plan for responding to contaminated soils and ground
				water. If a plan is required, owners and operators must submit the plan
				according to a schedule and format established by the department.
				Alternatively, owners and operators may, after fulfilling the requirements of
				sections 33-24-08-51 through
				33-24-08-53, choose to submit a
				corrective action plan for responding to contaminated soil and ground water In
				either case, owners and operators are responsible for submitting a plan that
				provides for adequate protection of human health and the environment as
				determined by the department, and must modify their plan as necessary to meet
				this standard.
2. The department
				will approve the corrective action plan only after ensuring that implementation
				of the plan will adequately protect human health, safety, and the environment.
				In making this determination, the department should consider the following
				factors as appropriate:
a. The physical and
				chemical characteristics of the regulated substance, including its toxicity,
				persistence, and potential for migration;
b. The hydrogeologic characteristics of the
				facility and the surrounding area;
c. The proximity, quality, and current and
				future uses of nearby surface water and ground water;
d. The potential effects of residual
				contamination on nearby surface water and ground water;
e. An exposure assessment; and
f. Any information assembled in compliance
				with sections
				33-24-08-50 through
				33-24-08-57.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-57 - Public participation

Current through Supplement No. 393, July, 2024
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 limited to, public announcements, publication in
				a state register, letters to individual households, or personal contacts by
				field staff.
2. The department
				must ensure that site release information and decisions concerning the
				corrective action plan are made available to the public for inspection upon
				request.
3. Before approving a
				corrective action plan, the department may hold a public meeting to consider
				comments on the proposed corrective action plan if there is sufficient public
				interest, or for any other reason.
4. The department must give public notice
				that complies with subsection 1 if implementation of an approved corrective
				action plan does not achieve the established cleanup levels in the plan and
				termination of that plan is under consideration by the department.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-60 - Temporary closure

Current through Supplement No. 393, July, 2024
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
				33-24-08-21,
				and any release detection in accordance with sections
				33-24-08-30
				through
				33-24-08-35
				and sections
				33-24-08-70
				through
				33-24-08-72.
				Sections
				33-24-08-40
				through
				33-24-08-43
				and sections
				33-24-08-50
				through
				33-24-08-57
				must be complied with if a release is suspected or confirmed. However, release
				detection and release detection operation and maintenance testing and
				inspections in sections
				33-24-08-20
				through
				33-24-08-26
				and sections
				33-24-08-30
				through
				33-24-08-35
				are not required as long as the underground storage tank system is empty. The
				underground storage tank system is empty when all materials have been removed
				using commonly employed practices so that no more than two and five-tenths
				centimeters [1 inch] of residue, or three-tenths of one percent by weight of
				the total capacity of the underground storage tank system, remain in the
				system. In addition, spill and overfill operation and maintenance testing and
				inspections in sections
				33-24-08-20
				through
				33-24-08-26
				are not required.
2. When an
				underground storage tank system is temporarily closed for three months or more,
				owners and operators must also comply with the following requirements:
a. Leave vent lines open and functioning;
				and
b. Cap and secure all other
				lines, pumps, manways, and ancillary equipment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-61 - Permanent closure and changes in service

Current through Supplement No. 393, July, 2024
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 change in service, unless such action is in
				response to corrective action. The required assessment of the excavation zone
				under section
				33-24-08-62
				must be performed after notifying the department but before completion of the
				permanent closure or a change in service.
2. To permanently close a tank, owners and
				operators must empty and clean it by removing all liquids and accumulated
				sludges. All tanks taken out of service permanently must be removed from the
				ground , filled with an inert solid material, or closed in place in a manner
				approved by the department.
3.
				Continued use of an underground storage tank system to store a nonregulated
				substance is considered a change in service. Before a change in service, owners
				and operators must empty and clean the tank by removing all liquid and
				accumulated sludge and conduct a site assessment in accordance with section
				33-24-08-62.
(NOTE: The following cleaning and closure procedures may be
				  used to comply with this section: American Petroleum Institute Recommended
				  Practice RP 1604, "Closure of Underground Petroleum Storage Tanks"; American
				  Petroleum Institute Standard 2015, "Safety Entry and Cleaning of Petroleum
				  Storage Tanks, Planning and Managing Tank Entry From Decommission Through
				  Recommissioning"; American Petroleum Institute Recommended Practice 2016,
				  "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks";
				  American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and
				  Periodic Inspection of Underground Storage Tanks", may be used as guidance for
				  compliance with this section; National Fire Protection Association Standard
				  326, "Standard for the Safeguarding of Tanks and Containers for Entry,
				  Cleaning, or Repair"; and The National Institute for Occupational Safety and
				  Health Publication 80-106 "Criteria for a Recommended Standard ... Working in
				  Confined Space" may be used as guidance for conducting safe closure procedures
				  at some hazardous substance tanks.)
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-62 - Assessing the site at closure or change in service

Current through Supplement No. 393, July, 2024
1. Before permanent closure or a change in
				service is completed, owners and operators must measure for the presence of a
				release where contamination is most likely to be present at the underground
				storage tank site. In selecting sample types, sample locations, and measurement
				methods, owners and operators must consider the method of closure, the nature
				of the stored substance, the type of backfill, the depth to ground water, and
				other factors appropriate for identifying the presence of a release. The
				requirements of this section are satisfied if one of the external release
				detection methods allowed in subsections 5 and 6 of section
				33-24-08-33 is operating in
				accordance with the requirements in section
				33-24-08-33 at the time of
				closure, and indicates no release has occurred.
2. If contaminated soils, contaminated ground
				water, or free product as a liquid or vapor is discovered under subsection 1,
				or by any other manner, owners and operators must begin corrective action in
				accordance with sections
				33-24-08-50 through
				33-24-08-57.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-63 - Applicability to previously closed underground storage tank systems

Current through Supplement No. 393, July, 2024
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
				  33-24-08-60 through
				  33-24-08-64 if releases from the
				  underground storage tank may, in the judgment of the department, pose a current
				  or potential threat to human health and the environment.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-64 - Closure records

Current through Supplement No. 393, July, 2024
Owners and operators must maintain records in accordance
				  with section
				  33-24-08-24 that are capable of
				  demonstrating compliance with closure requirements under sections
				  33-24-08-60 through
				  33-24-08-64. The results of the
				  excavation zone assessment required in section
				  33-24-08-62 must be maintained for
				  at least three years after completion of permanent closure or change in service
				  in one of the following ways:
1. By
				the owners and operators who took the underground storage tank system out of
				service;
2. By the current owners
				and operators of the underground storage tank system site; or
3. By mailing these records to the department
				if they cannot be maintained at the closed facility.
General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-70 - Underground storage tank systems with field-constructed tanks and airport hydrant fuel distribution systems definitions

Current through Supplement No. 393, July, 2024
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 pressure with
				large diameter piping that typically terminates into one or more hydrants (fill
				stands). The airport hydrant system begins where fuel enters one or more tanks
				from an external source, such as a pipeline, barge, rail car, or other motor
				fuel carrier.
2. "Field-constructed
				tank" means a tank constructed in the field. For example, a tank constructed of
				concrete that is poured in the field, or a steel or fiberglass tank primarily
				fabricated in the field is considered field-constructed.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1