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Title

10

:
Conservation and Development






Chapter

059

:
UNDERGROUND AND ABOVEGROUND LIQUID STORAGE TANKS






Subchapter

001
:
UNDERGROUND STORAGE TANK REGULATION










 

§

1930. Implementation; coordination

(a) Rulemaking

standards. To the extent compatible with this chapter, in establishing rules

and standards the secretary may distinguish between types, classes and ages of

underground storage tanks. In making such distinctions the secretary may take

into consideration factors including but not limited to location of tanks, soil

and climate considerations, uses of the tanks, history of maintenance, age,

current industry recommended practices, national codes, hydrogeology, water

table, size of tanks, volume of use, technical capability of owners and

operators and compatibility of the regulated substance and materials of

fabrication. The distinctions may also take into consideration the location of

storage tanks in relation to recharge areas for community type water supply

wells. Where appropriate, the secretary may designate whether the owner or the

operator is responsible for monitoring a particular tank. The secretary shall

ensure that standards established with respect to financial responsibility

shall bear a reasonable relation to the risk associated with a regulated

substance release. Financial responsibility may be established by any one or a

combination of the following: insurance; guarantee; surety bond; letter of

credit; or qualification as a self-insurer. The secretary may suspend

enforcement of the financial responsibility requirements for a particular class

or category of underground storage tanks if the secretary makes a determination

that methods of financial responsibility are not generally available for

underground storage tanks in that class or category. The suspension shall

extend for a period not to exceed 180 days and may be extended for additional

180 day periods by further determination by the secretary that the need

continues to exist and that progress is being made as required by federal law

or regulation (section 9003 of the federal Solid Waste Disposal Act).

(b) Advisory

committee. The secretary shall select an advisory committee from among groups representing

municipal, environmental, business and industry interests. The secretary shall

consult with the advisory committee in preparing rules under this chapter.

(c) Coordination

with other departments. Nothing in this chapter is intended to interfere with

the authorities of the department of health or the department of labor or the

agency of agriculture, food and markets. The secretary shall work cooperatively

with the commissioner of health, labor and industry, and the secretary of

agriculture, food and markets in the secretary's development of procedures and

rules to carry out the intent of this chapter. (Added 1985, No. 66, § 1;

amended 1987, No. 85, § 4, eff. June 9, 1987; 2003, No. 42, § 2, eff. May 27,

2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)