Assessment of existing tank system's integrity

1. For each existing tank system that does not have secondary containment meeting the requirements of section 33.1-24-05-106, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in subsection 3, the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer, in accordance with subsection 4 of section 33.1-24-06-03, that attests to the tank system's integrity by January 12, 1988. 2. This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, the assessment must consider of the following: a. Design standards, if available, according to which the tank and ancillary equipment were constructed; b. Hazardous characteristics of the wastes that have been and will be handled; c. Existing corrosion protection measures; d. Documented age of the tank system if available (otherwise, an estimate of the age); and e. Results of a leak test, internal inspection, or other tank integrity examination such that: (1) For nonenterable underground tanks, the assessment must include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high-water table effects; and (2) For other than nonenterable underground tanks and for ancillary equipment, this assessment must include either a leak test, as described above, or other integrity examination that is certified by a qualified professional engineer in accordance with subsection 4 of section 33.1-24-06-03, that addresses cracks, leaks, corrosion, and erosion. Note: The practices described in the American petroleum institute publication, guide for inspection of refinery equipment, chapter XIII, "Atmospheric and Low-Pressure Storage Tanks", fourth edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test. 3. Tank systems that store or treat materials that become hazardous waste subsequent to July 14, 1986, must conduct this assessment within twelve months after the date that the waste becomes a hazardous waste. 4. If, as a result of the assessment conducted in accordance with subsection 1, a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section 33.1-24-05-109.