PART II. UNDERGROUND STORAGE TANK REGULATION

 

§342L-30  Notification requirements. (a)  Except as provided in subsection (c), the owner of an existing undergroundstorage tank or existing tank system shall notify the department byDecember 31, 1989, of the existence of the tank or tank system and specifythe age, size, type, location, and uses of the tank or tank system.  Noticeshall be made on an approved form of notice provided by the department.

(b)  The owner of an existing undergroundstorage tank or existing tank system taken out of operation betweenJanuary 1, 1974, and May 19, 1986, shall notify the department byDecember 31, 1989, of the existence of the tank or tank system, unless thetank or tank system was removed from the ground prior to May 8, 1986.  Noticesshall include, to the extent known to the owner, at least the followingspecifications:

(1)  The date the tank or tank system was taken out ofoperation;

(2)  The age of the tank or tank system on the datetaken out of operation;

(3)  The size, type, and location of the tank or tanksystem; and

(4)  The type and quantity of substances left storedin the tank or tank system on the date taken out of operation.

(c)  Any owner who brings into use anunderground storage tank or tank system after May 19, 1986, shall notifythe department within thirty days after the installation of the tank or tanksystem, specifying the age, size, type, location, and uses of the tank or tanksystem.

(d)  Subsections (a) to (c) shall not apply totanks or tank systems for which notice was given pursuant to section 103(c) ofthe federal Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980, Public Law 96-516, as amended.

(e)  Any person who acquired ownership of anunderground storage tank or tank system after December 31, 1989, shallnotify the department within thirty days of June 18, 1992, whether or notthe person still owns the underground storage tank or tank system.  Any personwho acquires ownership of an underground storage tank or tank system afterJune 18, 1992, shall notify the department within thirty days of acquiringownership.  If there is a change of operator of an underground storage tank ortank system, the owner shall notify the department within thirty days of thechange of operator.  Notification of any of the above changes in the owner oroperator of an underground storage tank or tank system shall be made on a formprovided by the department.

(f)  The owner of an underground storage tankor tank system taken out of operation on or before January 1, 1974, shallnot be required to notify the department.

(g)  Any person who sells a tank or tank systemintended to be used as an underground storage tank or tank system shall notifythe purchaser of the tank or tank system of the owner’s notificationrequirements established under this section.

(h)  Beginning on June 7, 1989, and foreighteen months thereafter, any person who deposits regulated substances intoan underground storage tank or tank system shall notify the owner of the tankor tank system of the owner’s notification requirements established under thissection.

(i)  Any failure to comply with therequirements of this section, including any submission of false information,shall be subject to the penalties set forth in sections 342L-10 and 342L-11 foreach day of each violation. [L 1989, c 212, pt of §6; am L 1992, c 259, §20]

 

Revision Note

 

  "June 18, 1992," substituted for "theeffective date of this Act".