PART II. 
UNDERGROUND STORAGE TANK REGULATION



 



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



(b)  The owner of an existing underground
storage tank or existing tank system taken out of operation between
January 1, 1974, and May 19, 1986, shall notify the department by
December 31, 1989, of the existence of the tank or tank system, unless the
tank or tank system was removed from the ground prior to May 8, 1986.  Notices
shall include, to the extent known to the owner, at least the following
specifications:



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



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



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



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



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



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



(e)  Any person who acquired ownership of an
underground storage tank or tank system after December 31, 1989, shall
notify the department within thirty days of June 18, 1992, whether or not
the person still owns the underground storage tank or tank system.  Any person
who acquires ownership of an underground storage tank or tank system after
June 18, 1992, shall notify the department within thirty days of acquiring
ownership.  If there is a change of operator of an underground storage tank or
tank system, the owner shall notify the department within thirty days of the
change of operator.  Notification of any of the above changes in the owner or
operator of an underground storage tank or tank system shall be made on a form
provided by the department.



(f)  The owner of an underground storage tank
or tank system taken out of operation on or before January 1, 1974, shall
not be required to notify the department.



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



(h)  Beginning on June 7, 1989, and for
eighteen months thereafter, any person who deposits regulated substances into
an underground storage tank or tank system shall notify the owner of the tank
or tank system of the owner’s notification requirements established under this
section.



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



 



Revision Note



 



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