General requirements

1. This chapter applies to all owners and operators of an aboveground storage tank system as defined in subsection 1 of North Dakota Century Code section 23.1-04.1-01. 2. Compliance with this chapter does not relieve an owner or operator of the requirements of any other state and federal laws and rules applicable to an aboveground storage tank system. All aboveground storage tanks must be in compliance with spill prevention, control, and countermeasure (SPCC) plan regulations. 3. A new or upgraded aboveground storage tank system, including tanks, piping, secondary containment, and ancillary equipment must: a. Be constructed, installed, maintained, and tested in accordance with state fire code or local fire code, whichever is more stringent; b. Be equipped with secondary containment; c. Be double walled, protected from corrosion, and able to continuously monitor for releases through the inner pipe wall in accordance with section 33.1-13-01-10 for piping that routinely contains liquid fuel and is in contact with an electrolyte or the ground. The interstitial space between the inner and outer pipe walls must drain to a containment sump; and d. Be cathodically protected if piping is metal, coated or otherwise, and is in contact with an electrode or the ground. Verification testing of the cathodic protection must be conducted every three years. 4. An owner or operator shall provide a method, or combination of methods, of release detection that: a. Can detect a release from any portion of the tank and the connected piping that routinely contains liquid fuel; and b. Is installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition. 5. If an existing aboveground storage tank system is not compliant with or was not installed in compliance with the rules of this chapter, it must be made compliant, upgraded, or closed following the requirements of section 33.1-13-01-08. 6. Compliance with subdivision d of subsection 2 of section 33.1-13-01-05 must be implemented before January 1, 2030. Under special circumstances, the department may specify compliance schedules necessary for owners and operators to come into compliance with this chapter. 7. An owner or operator shall perform and document system inspections at least every thirty days and make inspection reports available at the department's request. Regarding the inspections: a. Tanks and aboveground piping must be visually inspected for evidence of leakage. b. A secondary containment inspection must include: (1) Checking for the presence of leaked or overfilled liquid fuel; (2) Visual inspection of the secondary containment area's integrity and ability to contain a leak or failure; and (3) Verifying the containment area is free of vegetation, debris, water, and obstructions. c. All secondary containment sumps must be visually inspected for damage and for the presence of liquid fuel products. 8. An owner or operator shall cooperate fully with: a. Inspections, monitoring, and testing conducted by the department or the department's designee; and b. Requests by the department to submit documents, conduct testing, and conduct monitoring. 9. An owner or operator must demonstrate financial responsibility according to North Dakota Century Code chapter 23.1-12.