Notification Requirements

PURPOSE: This rule specifies the registration procedures for underground storage tanks. (1) Any owner who brings an underground storage tank (UST) system in-operation must, within thirty (30) days of bringing the tank inoperation, register the completed UST system on forms provided by the department. Note: Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out-of-use on or before January 1, 1974, were required to notify the state in accordance with the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616, on a form published by Environmental Protection Agency (EPA) on November 8, 1985 (50 FR 46602), unless notice was given pursuant to section 103(c) of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Owners and operators who have not complied with the notification requirements must use a form approved by the department. (2) No later than July 1, 2019, owners of previously deferred UST systems must register their UST system(s) on forms approved by the department. (3) All owners and operators of new UST systems must certify in writing compliance with the following requirements: (A) Installation of tanks and piping in 10 CSR 26-2.020(1)(E); (B) Cathodic protection of steel tanks and piping under 10 CSR 26-2.020(1)(A) and (B); (C) Financial responsibility in 10 CSR 263.090–10 CSR 26-3.115; and (D) Release detection in 10 CSR 262.040–10 CSR 26-2.045. (4) If the owner changes, the new owner or operator shall complete and file an updated registration form with the department within thirty (30) days of the change(s). (5) The department shall issue a Certificate of Registration for any tanks which meet the requirements in sections (1) through (4) of this rule and 10 CSR 26-2.020 and 10 CSR 26-2.021. The Certificate of Registration shall be valid for five (5) years except as described in section (6) of this rule. (6) The department shall establish effective dates and expiration dates for Certificates of Registration issued under this rule. These dates shall establish a period of from one to five (1–5) years for an initial Certificate of Registration and a period of five (5) years for subsequent Certificates of Registration. (7) Information submitted to the department after January 1, 1990, under sections (1) through (4) of this rule for a tank brought into use before January 1, 1990, or for a tank brought into use after September 28, 1990, is an application for a Certificate of Registration and shall be accompanied by a fee as described in section (8). (8) Fees required under section (7) of this rule shall be paid in one (1) payment of seventy-five dollars ($75). No fees shall be collected for registration of tanks which were permanently closed prior to August 28, 1989. No further fees shall be assessed upon registered USTs once permanent closure has been completed and any fees to date have been paid. AUTHORITY: sections 319.103, 319.105, 319.107, 319.111, 319.114, 319.123, and 319.137, RSMo 2016.* This rule originally filed as 10 CSR 20-10.022. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. *Original authority: 319.103, RSMo 1989; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; 319.123, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.