(A) After January 1, 2002, no person shall either erect on site or cause to be erected on site a new permanent storage vessel unless;

(1) It is built to:

(a) The API 650 standard; or

(b) Exceed the API 650 standard. If the vessel is to be built to exceed the API 650 standard, plans and specifications for the vessel shall be submitted to the director prior to installation of the vessel. The plans and specifications submitted under this section shall include documentation prepared by a professional engineer registered under Chapter 4733. of the Revised Code of the following:

(i) That the permanent storage vessel to be installed exceeds the API 650 standard; and

(ii) The inspection schedule, protocol, and standards against which the integrity of the permanent storage vessel shall be measured during those inspections over the lifetime of the vessel; and

(iii) The protocol and specifications required for proper repairs to the permanent storage vessel;

(2) The storage vessel and appurtenances meet the requirements of paragraphs (A) and (B) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility, which meets the requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) The plans and specifications for the secondary containment facility have first been approved in accordance with rule 901:5-2-02 of the Administrative Code by the director of agriculture; and,

(5) It complies with all applicable zoning regulations, building standards, and fire codes; and, any permits required by state or federal law have been issued.

(B) The director shall notify each applicant within thirty days after receipt of the plans and specifications for the containment facility that they have either been approver or disapproved.

(C) Before the vessel may be used for liquid fertilizer storage the owner shall obtain a written verification from an authorized inspector stating that the vessel, as installed, is in compliance with the paragraph (A)(1) of this rule. The written verification shall be kept on the property where the vessel is located and a copy shall be submitted to the Ohio department of agriculture.

(D) For permanent storage vessels:

(1) Built to API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site the vessel shall be reinspected every ten years in accordance with and shall comply with the requirements of:

(a) Paragraph (B) of rule 901:5-2-09 of the Administrative Code; or,

(b) If a permanent storage vessel erected on site does not meet the API 650 standard, the owner of the vessel shall obtain from the authorized inspector written verification indicating non-compliance and listing each item not in compliance with the API standard 650. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the API 650 standards. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

(2) Built to exceed API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site, the vessel shall be reinspected in accordance with the schedule, protocol and standards for inspection submitted pursuant to paragraph (A)(1)(b)(ii) of this rule. If the vessel does not meet the standard to which it was built, the owner of the vessel shall obtain from the authorized inspector written verification indicating that non-compliance and listing each item not in compliance with the standard documented under paragraph (A)(1)(b) of this rule. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the standards under which it was built. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

If an authorized inspector determines that a shorter inspection interval is necessary, subsequent inspections shall be conducted in accordance with that interval.