Applicability of tank requirements

The requirements of sections 33.1-24-05-103 through 33.1-24-05-117 apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subsections 1, 2, and 3 or in section 33.1-24-05-01. 1. Tank systems that are used to treat or store hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in section 33.1-24-05-106. To demonstrate the absence or presence of free liquids in the stored, treated, or both, waste, the following test must be used: method 9095B (paint filter liquids test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", environmental protection agency publication SW-846, as incorporated by reference in section 33.1-24-01-05. 2. Tank systems, including sumps, as defined in section 33.1-24-01-04, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in subsection 1 of section 33.1-24-05-106. 3. Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in section 33.1-24-01-04 and regulated under sections 33.1-24-05-501 through 33.1-24-05-524, must meet the requirements of sections 33.1-24-05-103 through 33.1-24-05-117.