NDAC 33.1-13-01-08
Closure requirements
Cite as N.D. Admin. Code ยง 33.1-13-01-08
1.
a.
If an aboveground storage tank system is in temporary closure, owners and operators
shall continue to comply with state fire code or local fire code as required by section
33.1-13-01-02, and if a release is suspected or confirmed, comply with sections
33.1-13-01-10 through 33.1-13-01-12. Release detection is not required if the
aboveground storage tank system is empty.
b.
If an aboveground storage tank system is in temporary closure for three months or more,
owners and operators must:
(1)
Leave vents open and functioning; and
(2)
Cap and secure all other lines, pumps, manways, and ancillary equipment.
c.
If an aboveground storage tank system is in temporary closure for more than twelve
months and does not meet in the requirements of section 33.1-13-01-02, owners and
operators must permanently close the aboveground storage tank system at the end of
this twelve- month period in accordance with this section unless the department provides
an extension of the twelve-month temporary closure period. Owners and operators shall
complete a site assessment in accordance with section 33.1-13-01-09 before applying for
an extension.
d.
Owners or operators may request in writing an extension of the twelve-month temporary
closure period. The request must state the need for an extension and include a complete
site assessment in accordance with section 33.1-13-01-09. Extensions may be granted
at the department's discretion for a limited period of time.
2.
a.
At least thirty days before beginning either permanent closure or a change in service
under subsection 3, owners and operators shall notify the department of their intent to
permanently close or make a change in service, unless it is in response to corrective
action or noncompliance with this chapter. The required assessment under section
33.1-13-01-09 must be performed after notifying the department but before completion of
the permanent closure or change in service.
b.
Permanent closure of a tank must comply with state or local fire code.
c.
Any existing aboveground storage tank system that cannot apply a method of release
detection that complies with the requirements of this chapter must complete the
permanent closure procedures in this section and section 33.1-13-01-09.
3.
Before a change in service, owners and operators shall empty and clean the tank by removing
all liquid and accumulated sludge and conduct a site assessment in accordance with section
33.1-13-01-09.