reglab/statecodes huggingface dataset:
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 33.1-24-08-52 - 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
				33.1-24-08-42 or the closure
				site assessment of subsection 1 of section
				33.1-24-08-62. 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
				33.1-24-08-54.
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 33.1-24-08-53 - 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
				33.1-24-08-50 and
				33.1-24-08-51. 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
				33.1-24-08-52; and
d. Results of the free product investigations
				required under subdivision f of subsection 1 of section
				33.1-24-08-52, to be used by
				owners and operators to determine whether free product must be recovered under
				section 33.1-24-08-54.
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 33.1-24-08-54 - Free product removal

Current through Supplement No. 393, July, 2024
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 actions initiated under sections
				  33.1-24-08-51 through
				  33.1-24-08-53, or preparing for
				  actions required under sections
				  33.1-24-08-55 and
				  33.1-24-08-56. 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 33.1 - 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 33.1-24-08-55 - 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
				33.1-24-08-54;
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
				33.1-24-08-50 through
				33.1-24-08-54); 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 33.1 - 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 33.1-24-08-56 - Corrective action plan

Current through Supplement No. 393, July, 2024
1. At any point
				after reviewing the information submitted in compliance with sections
				33.1-24-08-51 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 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
				33.1-24-08-51 through
				33.1-24-08-53, 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
				33.1-24-08-50 through
				33.1-24-08-57.
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 33.1-24-08-57 - 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 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-60 - 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
				33.1-24-08-21, and any release
				detection in accordance with sections
				33.1-24-08-30 through
				33.1-24-08-35 and sections
				33.1-24-08-70 through
				33.1-24-08-72. Sections
				33.1-24-08-40 through
				33.1-24-08-43 and sections
				33.1-24-08-50 through
				33.1-24-08-57 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
				33.1-24-08-20 through
				33.1-24-08-26 and sections
				33.1-24-08-30 through
				33.1-24-08-35 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
				33.1-24-08-20 through
				33.1-24-08-26 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 33.1 - 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 33.1-24-08-61 - 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
				33.1-24-08-62 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
				33.1-24-08-62.
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, "Safe 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 Spaces" may be used as guidance for conducting safe closure procedures
				  at some hazardous substance tanks.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-62 - 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 33.1-24-08-33 is operating in
				accordance with the requirements in section
				33.1-24-08-33 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
				33.1-24-08-50 through
				33.1-24-08-57.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-63 - 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
				  33.1-24-08-60 through
				  33.1-24-08-64 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 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-64 - Closure records

Current through Supplement No. 393, July, 2024
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 33.1-24-08-62 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 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-70 - 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 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-71 - General requirements

Current through Supplement No. 393, July, 2024
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 April 1, 2018, the
				requirements are effective according to the following schedule:
Requirement
Effective Date
Upgrading underground storage tank systems, general
						  operating requirements, and operator training
April 1, 2021
Release detection
April 1, 2021
Release reporting, response, and investigation;
						  closure; financial responsibility and notification (except as provided in
						  subsection 2)
April 1, 2018
b.
				For underground storage tank systems installed after April 1, 2018, the
				requirements apply at installation.
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 33.1-24-08-80 - Applicability (financial responsibility)

Current through Supplement No. 393, July, 2024
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 with section
				33.1-24-08-81.
3. State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of sections 33.1-24-08-80
				through 33.1-24-08-106.
4. The requirements of sections 33.1-24-08-80
				through 33.1-24-08-106 do not apply to
				owners or operators of any underground storage tank system described in
				subsections 2 and 3 of section
				33.1-24-08-01.
5. If the owner and operator of a petroleum
				underground storage tank are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in the
				event of noncompliance.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-81 - Financial responsibility compliance dates

Current through Supplement No. 393, July, 2024
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
				  section 33.1-24-08-71.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-82 - Definitions (financial responsibility)

Current through Supplement No. 393, July, 2024
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 action or compensation for bodily
				injury or property damage, or both, neither expected nor intended by the tank
				owner or operator.
2. "Bodily
				injury" has the meaning given to this term by applicable state law; however,
				this term does not include those liabilities which, consistent with standard
				insurance industry practices, are excluded from coverage in liability insurance
				policies for bodily injury.
3.
				"Chief financial officer", in the case of local government owners and
				operators, means the individual with overall authority and responsibility for
				the collection, disbursement, and use of funds by the local
				government.
4. "Controlling
				interest" means direct ownership of at least fifty percent of the voting stock
				of another entity.
5. "Department"
				means the North Dakota state department of health.
6. "Financial reporting year" means the
				latest consecutive twelve-month period for which any of the following reports
				used to support a financial test is prepared:
a. A 10-K report submitted to the securities
				and exchange commission;
b. An
				annual report of tangible net worth submitted to dun and bradstreet;
				or
c. Annual reports submitted to
				the energy information administration or the rural utilities service.
"Financial reporting year" may thus comprise a fiscal-year or
				  a calendar-year period.
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 33.1-24-08-83 - Amount and scope of required financial responsibility

Current through Supplement No. 393, July, 2024
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 underground storage tanks in at least the
				following per-occurrence amounts:
a. For
				owners or operators of petroleum underground storage tanks that are located at
				petroleum marketing facilities, or that handle an average of more than ten
				thousand gallons [37,854 liters] of petroleum per month based on annual
				throughput for the previous calendar year, one million dollars; and
b. For all other owners or operators of
				petroleum underground storage tanks, five hundred thousand dollars.
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 33.1-24-08-84 - Allowable mechanisms and combinations of mechanisms

Current through Supplement No. 393, July, 2024
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 sections
				33.1-24-08-80 through
				33.1-24-08-106 for one or more
				underground storage tanks.
2. A
				local government owner or operator may use any one or combination of the
				mechanisms listed in sections
				33.1-24-08-94 through
				33.1-24-08-97 to demonstrate
				financial responsibility under sections
				33.1-24-08-80 through
				33.1-24-08-106 for one or more
				underground storage tanks.
3. An
				owner or operator may use a guarantee under section
				33.1-24-08-86 or surety bond
				under section
				33.1-24-08-88 to establish
				financial responsibility only if the attorney general has submitted a written
				statement to the department that a guarantee or surety bond executed as
				described in this section is a legally valid and enforceable obligation in the
				state.
4. An owner or operator may
				use self-insurance in combination with a guarantee only if, for the purpose of
				meeting the requirements of the financial test under this chapter, the
				financial statements of the owner or operator are not consolidated with the
				financial statements of the guarantor.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-85 - Financial test of self-insurance

Current through Supplement No. 393, July, 2024
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 subsection 2 or 3 based on year-end financial statements for the
				latest completed fiscal year.
2.
				The following apply:
a. The owner or
				operator, or guarantor, or both, must have a tangible net worth of at least ten
				times:
(1) The total of the applicable
				aggregate amount required by section
				33.1-24-08-83, based on the
				number of underground storage tanks for which a financial test is used to
				demonstrate financial responsibility to the department;
(2) The sum of the corrective action cost
				estimates, the current closure and postclosure care cost estimates, and amount
				of liability coverage for which a financial test is used to demonstrate
				financial responsibility to the department under sections
				33.1-24-05-58,
				33.1-24-05-77, and
				33.1-24-05-79; and
(3) The sum of current plugging and
				abandonment cost estimates for which a financial test is used to demonstrate
				financial responsibility to the department under 33.1-25-01.
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 33.1-24-08-86 - Guarantee

Current through Supplement No. 393, July, 2024
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
				controlling interest in a firm described under paragraph 1 of subdivision a of
				subsection 1; or
(3) Is controlled
				through stock ownership by a common parent firm that possesses a controlling
				interest in the owner or operator; or
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 33.1-24-08-92 - Trust fund

Current through Supplement No. 393, July, 2024
1. An owner or
				operator may satisfy the requirements of section
				33.1-24-08-83 by establishing a
				trust fund that conforms to the requirements of this section. The trustee must
				be an entity that has the authority to act as a trustee and whose trust
				operations are regulated and examined by a federal agency or an agency of the
				state in which the fund is established.
2. The wording of the trust agreement must be
				identical to the wording specified in subdivision a of subsection 2 of section
				33.1-24-08-93, and must be
				accompanied by a formal certification of acknowledgment as specified in
				subdivision b of subsection 2 of section
				33.1-24-08-93.
3. The trust fund, when established, must be
				funded for the full required amount of coverage, or funded for part of the
				required amount of coverage and used in combination with other mechanisms that
				provide the remaining required coverage.
4. If the value of the trust fund is greater
				than the required amount of coverage, the owner or operator may submit a
				written request to the department for release of the excess.
5. If other financial assurance as specified
				in sections
				33.1-24-08-80 through
				33.1-24-08-106 is substituted
				for all or part of the trust fund, the owner or operator may submit a written
				request to the department for release of the excess.
6. Within sixty days after receiving a
				request from the owner or operator for release of funds as specified in
				subsection 4 or 5, the department will instruct the trustee to release to the
				owner or operator such funds as the department specifies in writing.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-93 - Standby trust fund

Current through Supplement No. 393, July, 2024
1. An owner or
				operator using any one of the mechanisms authorized by section
				33.1-24-08-86,
				33.1-24-08-88, or
				33.1-24-08-89 must establish a
				standby trust fund when the mechanism is acquired. The trustee of the standby
				trust fund must be an entity that has the authority to act as a trustee and
				whose trust operations are regulated and examined by a federal agency or an
				agency of the state in which the fund is established.
2. The following apply:
a. The standby trust agreement, or trust
				agreement, must be worded as follows, except that instructions in brackets are
				to be replaced with the relevant information and the brackets deleted:
Trust Agreement
Trust agreement, the "Agreement", entered into as of [date]
				  by and between [name of the owner or operator], a [name of state] [insert
				  "corporation", "partnership", "association", or "proprietorship"], the
				  "Grantor", and [name of corporate trustee], [insert "Incorporated in the state
				  of _____________ " or "a national bank"], the "Trustee".
Whereas, the department has established certain rules
				  applicable to the Grantor, requiring that an owner or operator of an
				  underground storage tank shall provide assurance that funds will be available
				  when needed for corrective action and third-party compensation for bodily
				  injury and property damage caused by sudden and nonsudden accidental releases
				  arising from the operation of the underground storage tank. The attached
				  schedule A lists the number of tanks at each facility and the name(s) and
				  address(es) of the facility(ies) where the tanks are located that are covered
				  by the standby [insert "standby" where trust agreement is standby trust
				  agreement] trust agreement.
[Whereas, the Grantor has elected to establish [insert either
				  "a guarantee", "surety bond", or "letter of credit"] to provide all or part of
				  such financial assurance for the underground storage tanks identified herein
				  and is required to establish a standby trust fund able to accept payments from
				  the instrument (This paragraph is only applicable to the standby trust
				  agreement.)];
[Whereas, the Grantor, acting through its duly authorized
				  officers, has selected the Trustee to be the trustee under this agreement, and
				  the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
				  follows:
Section 1. Definitions.
As used in this Agreement:
(a) The term "Grantor" means the owner or
				operator who enters into this Agreement and any successors or assigns of the
				Grantor.
(b) The term "Trustee"
				means the Trustee who enters into this Agreement and any successor
				Trustee.
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 33.1-24-08-96 - Local government guarantee

Current through Supplement No. 393, July, 2024
1. A local
				government 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 either the estate in which the local government owner or operator is located
				or a local government having a "substantial governmental relationship" with the
				owner and operator and issuing the guarantee as an act incident to that
				relationship. A local government acting as the guarantor must:
a. Demonstrate that it meets the bond rating
				test requirement of section
				33.1-24-08-94 and deliver a copy
				of the chief financial officer's letter as contained in subsections 4 and 5 of
				section 33.1-24-08-94 to the local
				government owner or operator.
b.
				Demonstrate that it meets the worksheet test requirements of section
				33.1-24-08-95 and deliver a copy
				of the chief financial officer's letter as contained in subsection 3 of section
				33.1-24-08-95.
c. Demonstrate that it meets the local
				government fund requirements of subsection 1, 2, or 3 of section
				33.1-24-08-97, and deliver a
				copy of the chief financial officer's letter as contained in section
				33.1-24-08-97 to the local
				government owner or operator.
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 33.1-24-08-98 - Substitution of financial assurance mechanisms by owner or operator

Current through Supplement No. 393, July, 2024
1. An owner or
				operator may substitute any alternate financial assurance mechanisms as
				specified in sections
				33.1-24-08-80 through
				33.1-24-08-106, provided that at
				all times the owner or operator maintains an effective financial assurance
				mechanism or combination of mechanisms that satisfies the requirements of
				section 33.1-24-08-83.
2. After obtaining alternate financial
				assurance as specified in sections
				33.1-24-08-80 through
				33.1-24-08-106, an owner or
				operator may cancel a financial assurance mechanism by providing notice to the
				provider of financial assurance.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-99 - Cancellation or nonrenewal by a provider of financial assurance

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending a notice of termination by certified
				mail to the owner or operator.
a. Termination
				of a guarantee, a surety bond, or a letter of credit may not occur until one
				hundred twenty days after the date on which the owner or operator receives the
				notice of termination, as evidenced by the return receipt.
b. Termination of insurance or risk retention
				group coverage, except for nonpayment or misrepresentation by the insured, or
				state-funded assurance may not occur until sixty days after the date on which
				the owner or operator receives the notice of termination, as evidenced by the
				return receipt. Termination for nonpayment of premium or misrepresentation by
				the insured may not occur until a minimum of ten days after the date on which
				the owner or operator receives the notice of termination, as evidenced by the
				return receipt.
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 33.1-24-08-100 - Reporting by owner or operator

Current through Supplement No. 393, July, 2024
1. An owner or
				operator must submit the appropriate forms listed in subsection 2 of section
				33.1-24-08-101 documenting
				current evidence of financial responsibility to the department:
a. Within thirty days after the owner or
				operator identifies a release from an underground storage tank required to be
				reported under section
				33.1-24-08-43 or
				33.1-24-08-51;
b. If the owner or operator fails to obtain
				alternate coverage as required by sections
				33.1-24-08-80 through
				33.1-24-08-106, within thirty
				days after the owner or operator receives notice of:
(1) Commencement of a voluntary or
				involuntary proceeding under Title 11 (Bankruptcy) United States Code, naming a
				provider of financial assurance as a debtor;
(2) Suspension or revocation of the authority
				of a provider of financial assurance to issue a financial assurance
				mechanism;
(3) Failure of a
				guarantor to meet the requirements of the financial test; or
(4) Other incapacity of a provider of
				financial assurance; or
c. As required by subsection 7 of section
				33.1-24-08-85 and subsection 2
				of section
				33.1-24-08-99.
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 33.1-24-08-102 - Drawing on financial assurance mechanisms

Current through Supplement No. 393, July, 2024
1. Except as
				specified in subsection 4, the department shall require the guarantor, surety,
				or institution issuing a letter of credit to place the amount of funds
				stipulated by the department, up to the limit of funds provided by the
				financial assurance mechanism, into the standby trust if:
a. The following conditions exist:
(1) The owner or operator fails to establish
				alternate financial assurance within sixty days after receiving notice of
				cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanisms; and
(2) The department determines or suspects
				that a release from an underground storage tank covered by the mechanism has
				occurred and so notifies the owner or operator or the owner or operator has
				notified the department pursuant to sections
				33.1-24-08-40 through
				33.1-24-08-43 or
				33.1-24-08-50 through
				33.1-24-08-57 of a release from
				an underground storage tank covered by the mechanism; or
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 33.1-24-08-103 - Release from requirements

Current through Supplement No. 393, July, 2024
An owner or operator is no longer required to maintain
				  financial responsibility under sections
				  33.1-24-08-80 through
				  33.1-24-08-106 for an
				  underground storage tank after the tank has been permanently closed or
				  undergoes a change-in-service or, if corrective action is required, after
				  corrective action has been completed and the tank has been permanently closed
				  or undergoes a change-in-service as required by sections
				  33.1-24-08-60 through
				  33.1-24-08-64.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19
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 33.1-24-08-105 - Replenishment of guarantees, letters of credit, or surety bonds

Current through Supplement No. 393, July, 2024
1. If at any time
				after a standby trust is funded upon the instruction of the department with
				funds drawn from a guarantee, local government, letter of credit, or surety
				bond, and the amount in the standby trust is reduced below the full amount of
				coverage required, the owner or operator shall by the anniversary date of the
				financial mechanism from which the funds were drawn:
a. Replenish the value of financial assurance
				to equal the full amount of coverage required; or
b. Acquire another financial assurance
				mechanism for the amount which funds in the standby trust have been
				reduced.