NDAC 33.1-12-01-04
Notification of release procedures
Cite as N.D. Admin. Code ยง 33.1-12-01-04
Upon receiving notice of a release, the PTRCF program must:
1.
Verify the tank and all other tanks owned or operated by the operator are registered with the
fund.
2.
Record the release information in the registration file for the location.
3.
Verify the department has received proper notice of the release.
4.
Send a claim denial letter to the owner or operator if the owner or operator has not registered
all the tanks owned and operated by the owner or operator at the location of the release. A
copy must be sent to the department's division assigned to the cleanup.
5.
Obtain verification from the owner or operator that when the release was discovered, the tank
was in substantial compliance, as determined under subdivision a of subsection 1 of North
Dakota Century Code section 23.1-12-18, with all applicable rules of the United States
environmental protection agency, the state fire marshal, and the department. If the previously
mentioned tank was not in substantial compliance, the PTRCF program must send a claim
denial letter to the owner or operator. A copy of the claim denial letter must be sent to the
department's division assigned to the cleanup.
6.
Send the registered owner or operator of the site an application packet and a letter outlining
the procedure for filing a claim for reimbursement of corrective action if all tanks, including the
affected tank are registered and in substantial compliance with all applicable rules of the
United States environmental protection agency, the state fire marshal, and the department for
the petroleum product stored and dispensed before the release.