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 33-24-08-130 - 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 33-24-08-120, 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
				33-24-08-115, the underground
				storage tank corrective action requirements under sections
				33-24-08-41 through
				33-24-08-57, and the underground
				storage tank financial responsibility requirements under sections
				33-24-08-80 through
				33-24-08-101, 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 33-24-08-120, 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 33-24-08 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
				33-24-08.
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
				33-24-08-115, the underground
				storage tank corrective action requirements under sections
				33-24-08-41 through
				33-24-08-57, and the underground
				storage tank financial responsibility requirements under sections
				33-24-08-80 through
				33-24-08-101, 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 Decembers,
				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 [0.3] 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 [0.3] 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
				33-24-08-61 through
				33-24-08-64, except subsection 2
				of section
				33-24-08-62; or
(2) Temporarily close the underground storage
				tank or underground storage tank system in accordance with the following
				applicable provisions of section
				33-24-08-60:
(a) Continue operation and maintenance of
				corrosion protection in accordance with section
				33-24-08-21;
(b) Report suspected releases to the
				department; and
(c) Conduct a site
				assessment in accordance with subsection 1 of section
				33-24-08-62 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
				33-24-08-10 for new underground
				storage tank systems or the upgrading requirements in section
				33-24-08-11, 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 33-24-08.