(a) When an UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection and release detection in accordance with rules and regulations no less stringent than the corresponding federal requirements. Release detection is not required so long as the UST system is empty as defined in 40 CFR § 280.70 (7–1-98 edition), relating to temporary closure of UST systems.
(b) When an UST system is temporarily closed for 3 months or more, owners and operators shall:
(1) Notify the Department at least 30 days before the temporary closure;
(2) Leave vent lines open and functioning; and
(3) Cap and secure all other lines, pumps, man ways, and ancillary equipment.
(c) When an UST system is temporarily closed for more than 12 months, an owner or operator shall permanently close the UST system if it does not meet either the performance standards for new UST systems in 40 CFR § 280.20(7–1-98 edition) for Ne UST systems or the upgrading requirements in 40 CFR § 280.21(7–1-98 edition) or the requirements for new UST systems for upgrading established in the rules and regulations promulgated under this chapter which shall be no less stringent than the federal requirements referenced in this subsection. An owner or operator shall permanently close a substandard UST system at the end of the 12-month period pursuant to regulations no less stringent than the corresponding federal requirements, unless the Commissioner grants an extension of the 12-month, temporary closure period. An owner or operator shall complete a site inspection before the Commissioner may consider an application for such an extension.
(d) At least 45 days before beginning either permanent closure or a change-in-service under paragraph (2) of this subsection, an owner or operator shall notify the Commissioner of the intent to permanently close or make the change in service, unless such action is in response to corrective action. The owner or operator shall perform the required assessment of the excavation zone after notifying the Commissioner but before completion of the permanent closure or a change-in-service.
(1) To close a tank permanently, an owner or operator shall empty and clean the tank by removing all liquids and accumulated sludges. All tanks taken out of service permanently must be either removed from the ground or filled with an inert, solid material.
(2) Continued use of an UST system to store a non-regulated substance is a change-in-service. Before a change-in-service, an owner or operator shall empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment as prescribed by rules and regulations no less stringent than the corresponding federal requirements.
(3) Before permanent closure or change-in-service is completed, an owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site.
(A) In selecting sample types, sample locations, and measurement methods, an owner or operator shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to ground water, and other factors appropriate for detecting the presence of a release.
(B) If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered under paragraph (3) of this subsection or by any other manner, the owner or operator shall begin corrective action in accordance with rules and regulations no less stringent than the corresponding federal requirements.
(e) The owner of real property on which an UST is located, except as otherwise provided, shall be responsible for performing the procedures for the temporary or permanent closure of an UST if:
(1) The Department is unable to compel the owner or operator to initiate or complete tank closure;
(2) The owner or operator is unknown or cannot be contacted or the underground storage tank is considered by the Department to be abandoned or;
(3) The real property owner refuses to allow access to the tank for purposes of tank closure by the owner or operator.
(f) The owner or operator of an UST shall maintain all records that are capable of demonstrating compliance with tank closure requirements under this chapter and the rules and regulations promulgated thereunder. An owner or operator shall retain the results of the excavation zone assessment for at least three years after completion of the permanent closure or change-in-service by:
(1) the owner or operator who took the UST system out of service;
(2) any owner or operator of an UST site within three years of a permanent tank closure or change-in-service; or
(3) mailing the records to the Department of Planning and Resources, if the records cannot be maintained at the closed facility.