North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-130 - Operating an underground storage tank or underground storage tank system (lender liability)

Current through Supplement No. 393, July, 2024
1. Operating an
				underground storage tank or underground storage tank system prior to
				foreclosure. A holder, prior to foreclosure, as defined in subsection 3 of
				section 33.1-24-08-120, is not an
				"operator" of a petroleum underground storage tank or underground storage tank
				system for purposes of compliance with the underground storage tank technical
				standards as defined in subsection 1 of section
				33.1-24-08-115, the underground
				storage tank corrective action requirements under sections
				33.1-24-08-41 through
				33.1-24-08-57, and the
				underground storage tank financial responsibility requirements under sections
				33.1-24-08-80 through
				33.1-24-08-101, provided that,
				after December 6, 1995, the holder is not in control of or does not have
				responsibility for the daily operation of the underground storage tank or
				underground storage tank system.
2.
				Operating an underground storage tank or underground storage tank system after
				foreclosure. The following provisions apply to a holder who, through
				foreclosure, as defined in subsection 3 of section
				33.1-24-08-120, acquires a
				petroleum underground storage tank or underground storage tank system or
				facility or property on which a petroleum underground storage tank or
				underground storage tank system is located.
a. A holder is not an "operator" of a
				petroleum underground storage tank or underground storage tank system for
				purposes of compliance with 33.1-24-08 if there is an operator, other than the
				holder, who is in control of or has responsibility for the daily operation of
				the underground storage tank or underground storage tank system, and who can be
				held responsible for compliance with applicable requirements of
				33.1-24-08.
b. If another operator
				does not exist, as provided for under subdivision a, a holder is not an
				"operator" of the underground storage tank or underground storage tank system,
				for purposes of compliance with the underground storage tank technical
				standards as defined in subsection 1 of section
				33.1-24-08-115, the underground
				storage tank corrective action requirements under sections
				33.1-24-08-41 through
				33.1-24-08-57, and the
				underground storage tank financial responsibility requirements under sections
				33.1-24-08-80 through
				33.1-24-08-101, provided that
				the holder:
(1) Empties all of its known
				underground storage tanks or underground storage tank systems within sixty
				calendar days after foreclosure or within sixty calendar days after December 6,
				1995, whichever is later, or another reasonable time period specified by the
				department, so that no more than two and one-half centimeters [1 inch] of
				residue, or three-tenths of one percent by weight of the total capacity of the
				underground storage tank system, remains in the system; leaves vent lines open
				and functioning; and caps and secures all other lines, pumps, manways, and
				ancillary equipment; and
(2)
				Empties those underground storage tanks and underground storage tank systems
				that are discovered after foreclosure within sixty calendar days after
				discovery or within sixty calendar days after December 6, 1995, whichever is
				later, or another reasonable time period specified by the department, so that
				no more than two and one-half centimeters [1 inch] of residue, or three-tenths
				of one percent by weight of the total capacity of the underground storage tank
				system, remains in the system; leaves vent lines open and functioning; and caps
				and secures all other lines, pumps, manways, and ancillary equipment.
c. If another operator does not
				exist, as provided for under subdivision a, in addition to satisfying the
				conditions under subdivision b, the holder must either:
(1) Permanently close the underground storage
				tank or underground storage tank system in accordance with sections
				33.1-24-08-61 through
				33.1-24-08-64, except subsection
				2 of section
				33.1-24-08-62; or
(2) Temporarily close the underground storage
				tank or underground storage tank system in accordance with the following
				applicable provisions of section
				33.1-24-08-60:
(a) Continue operation and maintenance of
				corrosion protection in accordance with section
				33.1-24-08-21;
(b) Report suspected releases to the
				department; and
(c) Conduct a site
				assessment in accordance with subsection 1 of section
				33.1-24-08-62 if the underground
				storage tank system is temporarily closed for more than twelve months and the
				underground storage tank system does not meet either the performance standards
				in section
				33.1-24-08-10 for new
				underground storage tank systems or the upgrading requirements in section
				33.1-24-08-11, except that the
				spill and overfill equipment requirements do not have to be met. The holder
				must report any suspected releases to the department. For purposes of this
				provision, the twelve-month period begins to run December 6, 1995, or from the
				date on which the underground storage tank system is emptied and secured under
				subdivision b, whichever is later.
d. The underground storage tank system can
				remain in temporary closure until a subsequent purchaser has acquired
				marketable title to the underground storage tank or underground storage tank
				system or facility or property on which the underground storage tank or
				underground storage tank system is located. Once a subsequent purchaser
				acquires marketable title to the underground storage tank or underground
				storage tank system or facility or property on which the underground storage
				tank or underground storage tank system is located, the purchaser must decide
				whether to operate or close the underground storage tank or underground storage
				tank system in accordance with applicable requirements in
				33.1-24-08.