§ 143-215.94U. Registration of petroleum commercial underground storage tanks; operation of petroleum underground storage tanks; operating permit required.
§ 143‑215.94U. Registration of petroleum commercial underground storage tanks; operation ofpetroleum underground storage tanks; operating permit required.
(a) The owner oroperator of each petroleum commercial underground storage tank shall annuallyobtain an operating permit from the Department for the facility at which thetank is located. The Department shall issue an operating permit only if theowner or operator has done all of the following:
(1) Notified theDepartment of the existence of all tanks as required by 40 Code of FederalRegulations § 280.22 (1 July 1994 Edition) or 42 U.S.C. § 6991a, if applicable,at the facility.
(2) Paid all feesrequired under G.S. 143‑215.94C for all commercial petroleum undergroundstorage tanks located at the facility.
(3) Complies withapplicable release detection, spill and overfill protection, and corrosionprotection requirements set out in rules adopted pursuant to this Chapter,notifies the Department of the method or combination of methods of leakdetection, spill and overfill protection, and corrosion protection in use, andcertifies to the Department that all applicable release detection, spill andoverfill protection, and corrosion protection requirements are being met forall petroleum underground storage tanks located at the facility.
(4) If applicable,complies with the Stage I vapor control requirements set out in 15A NorthCarolina Administrative Code 2D.0928, effective 1 March 1991, notifies theDepartment of the method or combination of methods of vapor control in use, andcertifies to the Department that all Stage I vapor control requirements arebeing met for all petroleum underground storage tanks located at the facility.
(5) Substantiallycomplied with the air quality, groundwater quality, and underground storagetank standards applicable to any activity in which the applicant has previouslyengaged and has been in substantial compliance with federal and State laws,regulations, and rules for the protection of the environment. In determiningsubstantial compliance, the compliance history of the owner or operator and anyparent, subsidiary, or other affiliate of the owner, operator, or parent may beconsidered.
(6) Demonstratedfinancial responsibility as required by G.S. 143‑215.94H.
(b) The operatingpermit shall be issued at the time the commercial underground storage annualtank operating fee required under G.S. 143‑215.94C(a) is paid and shallbe valid from the first day of the month in which the fee is due through thelast day of the last month for which the fee is paid in accordance with theschedule established by the Department under G.S. 143‑215.94C(b).
(c) No person shallplace a petroleum product, and no owner or operator shall cause a petroleumproduct to be placed, into an underground storage tank at a facility for whichthe owner or operator does not hold a currently valid operating permit.
(d) The Departmentshall issue an operating permit certificate for each facility that meets therequirements of subsection (a) of this section. The operating permitcertificate shall identify the number of tanks at the facility and shallconspicuously display the date on which the permit expires. Except for theowner or operator, no person shall be liable under subsection (c) of thissection if an unexpired operating permit certificate is displayed at thefacility, unless the person knows or has reason to know that the owner oroperator does not hold a currently valid operating permit for the facility.
(e) The Department mayrevoke an operating permit only if the owner or operator fails to continuouslymeet the requirements set out in subsection (a) of this section. If theDepartment revokes an operating permit, the owner or operator of the facilityfor which the operating permit was issued shall immediately surrender theoperating permit certificate to the Department, unless the revocation is stayedpursuant to G.S. 150B‑33. An owner or operator may challenge a decisionby the Department to deny or revoke an operating permit by filing a contestedcase under Article 3 of Chapter 150B of the General Statutes. The Secretaryshall make the final agency decision regarding the revocation of a permit underthis section. (1995,c. 377, s. 2; 1998‑161, s. 6; 2008‑195, s. 6.)