319.105. Standards to be developed by department for all new tanks and for upgrading existing tanks--no tanks to be installed until standards established, exceptions.

Standards to be developed by department for all new tanks and forupgrading existing tanks--no tanks to be installed until standardsestablished, exceptions.

319.105. 1. The department shall issue performancestandards for underground storage tanks brought into use afterAugust 28, 1989, and for upgrading existing underground storagetanks. The performance standards shall include, but shall not belimited to, design, construction, installation, piping, releasedetection, operation, and compatibility standards.

2. Until the standards promulgated by the department insubsection 1 of this section become effective, no person mayinstall an underground storage tank for the purpose of storingor dispensing regulated substances unless:

(1) The tank will prevent releases of the stored regulatedsubstances due to corrosion or structural failure for theoperational life of the tank;

(2) The tank is cathodically protected against corrosion,constructed of noncorrosive material, steel clad with anoncorrosive material, or designed in a manner to prevent therelease or threatened release of the stored regulated substance;and

(3) The tank has a* primary system of containment. Thedepartment may specify by rule the specific conditions andcircumstances under which a secondary containment system may berequired.

3. The operator shall ensure that the material used in theconstruction or lining of the tank is compatible with thesubstance to be stored.

(L. 1989 H.B. 77, et al. § 3)

*Word "a" does not appear in original rolls.