49-1004. Reporting requirements
A. The operator and owner of an underground storage tank shall notify the
department of each release or suspected release from the tank as soon as practicable but
no later than twenty-four hours after the release or suspected release is detected.
B. The operator of an underground storage tank shall notify the owner of each
release from the tank as soon as practicable but no later than twenty-four hours after
the release is detected.
C. Notice by the operator and owner required by this section may be made orally or
in writing but shall be followed within fourteen days by a written report to the
department that a release or suspected release has been detected. The written report
shall specify to the extent known at the time of the report the nature of the release or
suspected release, the regulated substance released, the quantity of the release, the
period of time over which the release occurred, the initial response and the corrective
action taken as of the date of the report and anticipated to be taken subsequent to the
date of the report. In addition, the written report shall include additional information
required by rules that are consistent with federal regulations in effect on the date on
which the rules are adopted.
D. The director shall prescribe by rule the reporting, investigation and
confirmation actions to be taken in the event of a release or suspected release of a
regulated substance from an underground storage tank. Any rules adopted pursuant to this
section shall be consistent with and no more stringent than federal regulations in effect
on the date on which the rules are adopted. Until rules adopted pursuant to this
subsection are in effect, reporting, investigation and confirmation actions shall be
accomplished in a manner consistent with 40 Code of Federal Regulations sections 280.50
through 280.53.
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