§ 143-215.94T. Adoption and implementation of regulatory program. - North Carolina Statutes

Part 2B. Underground Storage TankRegulation.

§ 143‑215.94T.  Adoptionand implementation of regulatory program.

(a)        The Commissionshall adopt, and the Department shall implement and enforce, rules relating tounderground storage tanks as provided by G.S. 143‑215.3(a)(15) and G.S.143B‑282(a)(2)h. These rules shall include standards and requirementsapplicable to both existing and new underground storage tanks and tank systems,may include different standards and requirements based on tank capacity, tank location,tank age, and other relevant factors, and shall include, at a minimum,standards and requirements for:

(1)        Design,construction, and installation, including monitoring systems.

(2)        Notification to theDepartment, inspection, and registration.

(3)        Recordation of tanklocation.

(4)        Modification,retrofitting, and upgrading.

(5)        General operatingrequirements.

(6)        Release detection.

(7)        Release reporting,investigation, and confirmation.

(8)        Corrective action.

(9)        Repair.

(10)      Closure.

(11)      Financial responsibility.

(12)      Tank tightnesstesting procedures and certification of persons who conduct tank tightnesstests.

(13)      Secondary containmentfor all components of petroleum underground storage tank systems.

(b)        Rules adoptedpursuant to subsection (a) of this section that apply only to commercialunderground storage tanks shall not apply to any:

(1)        Farm or residentialunderground storage tank of 1,100 gallons or less capacity used for storingmotor fuel for noncommercial purposes.

(2)        Underground storagetank of 1,100 gallons or less capacity used for storing heating oil forconsumptive use on the premises where stored.

(3)        Underground storagetank of more than 1,100 gallon capacity used for storing heating oil forconsumptive use on the premises where stored by four or fewer households.

(c)        Rules adoptedpursuant to subdivision (13) of subsection (a) of this section shall requiresecondary containment for all components of underground storage tank systems,including, but not limited to, tanks, piping, fittings, pump heads, anddispensers. Secondary containment requirements shall include standards fordouble wall tanks, piping, and fittings and for sump containment for pump headsand dispensers. The rules shall provide for monitoring of double wall intersticesand sump containments. The rules shall apply to any underground storage tanksystem that is installed on or after the date on which the rules becomeeffective and to the replacement of any component of an underground storagetank system on or after that date.  (1989, c. 652, s. 14; 1998‑161, s. 10; 1999‑328,s. 4.12; 2003‑352, s. 8; 2008‑195, s. 5; 2009‑570, s. 20.)