101.22 - REPORT OF EXISTING AND NEW TANKS -- REGISTRATION FEE -- TAG -- PENALTY.
101.22 REPORT OF EXISTING AND NEW TANKS --
REGISTRATION FEE -- TAG -- PENALTY.
1. Except as provided in subsection 2, the owner or operator of
an aboveground petroleum storage tank existing on or before July 1,
1989, shall notify the state fire marshal in writing by May 1, 1990,
of the existence of each tank and specify the age, size, type,
location, and uses of the tank.
2. The owner of an aboveground petroleum storage tank taken out
of operation between January 1, 1979, and July 1, 1989, shall notify
the state fire marshal in writing by July 1, 1990, of the existence
of the tank unless the owner knows the tank has been removed from the
site. The notice shall specify, to the extent known to the owner,
the date the tank was taken out of operation, the age of the tank on
the date taken out of operation, the size, type, and location of the
tank, and the type and quantity of substances left stored in the tank
on the date that it was taken out of operation.
3. An owner or operator which brings into use an aboveground
petroleum storage tank after July 1, 1989, shall notify the state
fire marshal in writing within thirty days of the existence of the
tank and specify the age, size, type, location, and uses of the tank.
4. The registration notice of the owner or operator to the state
fire marshal under subsections 1 through 3 shall be accompanied by an
annual fee of ten dollars for each tank included in the notice. All
moneys collected shall be retained by the department of public safety
and are appropriated for the use of the state fire marshal. The
annual renewal fee applies to all owners or operators who filed a
registration notice with the state fire marshal pursuant to
subsections 1 through 3.
5. A person who deposits petroleum in an aboveground petroleum
storage tank shall notify the owner or operator in writing of the
notification requirements of this section.
6. A person who sells or constructs a tank intended to be used as
an aboveground storage tank shall notify the purchaser of the tank in
writing of the notification requirements of this section applicable
to the purchaser.
7. It is unlawful to deposit petroleum in an aboveground
petroleum storage tank which has not been registered pursuant to
subsections 1 through 4.
8. The state fire marshal shall furnish the owner or operator of
an aboveground petroleum storage tank with a registration tag for
each aboveground petroleum storage tank registered with the state
fire marshal. The owner or operator shall affix the tag to the fill
pipe of each registered aboveground petroleum storage tank. A person
who conveys or deposits petroleum shall inspect the aboveground
petroleum storage tank to determine the existence or absence of the
registration tag. If a registration tag is not affixed to the
aboveground petroleum storage tank fill pipe, the person conveying or
depositing the petroleum may deposit the petroleum in the
unregistered tank. However, the deposit is allowed only in the
single instance, that the person provides the owner or operator with
another notice as required by subsection 5, and that the person
provides the owner or operator with an aboveground petroleum storage
tank registration form. It is the owner or operator's duty to comply
with registration requirements. A late registration penalty of
twenty-five dollars is imposed in addition to the registration fee
for a tank registered after the required date. Section History: Recent Form
89 Acts, ch 131, §5; 90 Acts, ch 1235, § 3; 2000 Acts, ch 1224,
§23; 2002 Acts, ch 1119, §127; 2008 Acts, ch 1032, §191
Referred to in § 101.22A