49-1009

49-1009. Tank performance standards

A. A person shall not install an underground storage tank unless the underground
storage tank meets all of the following requirements:

1. It is designed to prevent releases due to corrosion or structural failure for
the operational life of the tank.

2. It is cathodically protected against corrosion, constructed of noncorrosive
material, steel clad with a noncorrosive material or designed in a manner to prevent the
release of a regulated substance.

3. The material used in the construction or lining of the tank is compatible with
the substance to be stored.

B. Beginning January 1, 2009, a person shall not install an underground storage
tank unless the underground storage tank meets the secondary containment and release
detection requirements for hazardous substance underground storage tank systems in 40
Code of Federal Regulations section 280.42 and the interstitial monitoring requirements
in 40 Code of Federal Regulations section 280.43, subsection G.

C. Beginning January 1, 2009, a person shall not install a new piping component
that is twenty-five per cent or more of the total linear footage of all connected piping
of the underground storage tank unless all connected piping of the underground storage
tank that conveys a regulated substance under pressure is brought into compliance with
the secondary containment and release detection requirements for hazardous substance
underground storage tank systems in 40 Code of Federal Regulations section 280.42 and the
interstitial monitoring requirements in 40 Code of Federal Regulations section 280.43,
subsection G.

D. Beginning January 1, 2009, an owner or operator who installs or replaces a motor
fuel dispenser that connects to an underground storage tank shall install under-dispenser
containment. The under-dispenser containment shall meet the release detection
requirements of 40 Code of Federal Regulations section 280.42, subsection B, paragraph 1.

E. The owner and operator of an underground storage tank shall use an underground
storage tank, a new piping component, under-dispenser containment and any secondary
containment material that is made of or lined with materials that are compatible with the
regulated substance stored in or dispensed from the underground storage tank.

F. The director may adopt rules specifying design, construction, installation,
performance and compatibility standards for underground storage tanks. The rules adopted
pursuant to this subsection shall be consistent with and no more stringent than federal
regulations in effect on the date on which the rules are adopted.

G. The director may require an owner and operator of an underground storage tank to
perform or cause to be performed a tank test to determine compliance with the standards
established pursuant to this section.