NDAC 33.1-24-08-43
Reporting and cleanup of spills and overfills
Cite as N.D. Admin. Code ยง 33.1-24-08-43
1.
Owners and operators of underground storage tank systems must contain and immediately
clean up a spill or overfill and report to the department within twenty-four hours, or another
reasonable time period specified by the department, and begin corrective action in
accordance with sections 33.1-24-08-50 through 33.1-24-08-57 in the following cases:
a.
Spill or overfill of petroleum that results in a release to the environment that exceeds
twenty-five gallons [94.63 liters] or another reasonable amount specified by the
department, or that causes a sheen on nearby surface water; and
b.
Spill or overfill of a hazardous substance that results in a release to the environment that
equals or exceeds its reportable quantity under the Comprehensive Environmental
Response, Compensation, and Liability Act [40 CFR 302].
2.
Owners and operators of underground storage tank systems must contain and immediately
clean up a spill or overfill of petroleum that is less than twenty-five gallons [94.63 liters] or
another reasonable amount specified by the department, and a spill or overfill of a hazardous
substance that is less than the reportable quantity. If cleanup cannot be accomplished within
twenty-four hours, or another reasonable time period established by the department, owners
and operators must immediately notify the department.
NOTE: A release of a hazardous substance equal to or in excess of its reportable quantity
must also be reported immediately (rather than within twenty-four hours) to the National
Response Center under sections 102 and 103 of the Comprehensive Environmental
Response, Compensation, and Liability Act and to appropriate state and local authorities
under title III of the Superfund Amendments and Reauthorization Act.