PART II.

609 words·~3 min read·/hi/part-ii-38

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 96-510, 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; am L 2023, c 17, §10]

Revision Note

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