15A NCAC 02N .0303. NOTIFICATION REQUIREMENTS

The "Notification requirements" contained in 40 CFR 280.22 (Subpart B) have been adopted by reference in accordance with G.S. 150B‑14(c) except that:

(1)           Any owner of an UST system must submit to the Division, on forms provided by the Division, a notice of intent to conduct any of the following activities:

(a)           Installation of a new UST system;

(b)           Installation of a leak detection device installed outside of the outermost wall of the tank and piping, such as vapor detection or groundwater monitoring devices; and

(c)           Permanent closure or change‑in‑service of an UST system.

(2)           Notification as required in Paragraph (1) of this Rule shall be given at least 30 days before the activity is begun except as authorized by the Director.

(3)           Owners and operators of UST systems that were in the ground on or after May 8, 1986, were required to notify the Division in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98‑616, on a form published by the Environmental Protection Agency on November 8, 1985 (50‑FR 46602) unless notice was given pursuant to Section 103(c) of CERCLA.  Owners or operators who have not complied with the notification requirements may complete the appropriate portions of the form, provided by the Division, and submit the form to the Division.

(4)           Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owners's notification obligations under Paragraphs (1) and (2) of this Rule.

(5)           Any reference in 40 CFR 280 to the notification form in Appendix I shall refer to the North Carolina notification form approved by the Division and EPA.

 

History Note:        Authority G.S. 143‑215.3(a)(15); 143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.