Applicability

PURPOSE: This rule identifies those persons required to obtain financial responsibility for releases of products from petroleum underground storage tanks. (1) Rules 10 CSR 26-3.090–10 CSR 263.115 apply to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this rule. (2) Owners and operators of petroleum UST systems are subject to these requirements immediately upon bringing a new underground storage tank system in operation. All tank systems that are in use are subject to these requirements. (3) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of 10 CSR 263.090–10 CSR 26-3.115. (4) The requirements of 10 CSR 26-3.090–10 CSR 26-3.115 do not apply to owners and operators of any deferred or excluded UST system described in 10 CSR 26-2.010(2) or (3). (5) If the owner and operator of a petroleum UST are separate persons, only one (1) person is required to demonstrate financial responsibility; however, both parties are liable in the event of noncompliance. AUTHORITY: section 319.114, RSMo 2000.* This rule originally filed as 10 CSR 2011.090. Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.114, RSMo 1989.