68-215-106 - Notification as to tanks in use and tanks taken out of operation Authorized actions of commissioner upon failure to pay fees or penalties or for violation of rules Penalty for removal o
68-215-106. Notification as to tanks in use and tanks taken out of operation Authorized actions of commissioner upon failure to pay fees or penalties or for violation of rules Penalty for removal of affixed notice or tag Unlawful use of tanks identified by notice or tag.
(a) (1) Within one (1) year after the enactment of this chapter, each owner of a petroleum underground storage tank in use on July 1, 1988, shall notify the commissioner of the existence of such tank, specifying the age, size, type, location, and uses of such tank. The commissioner shall accept as formal notification the United States environmental protection agency underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988.
(2) For each petroleum underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall within one (1) year after July 1, 1988, notify the commissioner of the existence of such tanks, unless the owner knows such tanks were removed from the ground. The owner of petroleum underground storage tanks taken out of operation on or before January 1, 1974, shall not be required to notify the commissioner. The commissioner shall accept as formal notification the United States environmental protection agency underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988.
(3) Notice under subdivision (a)(2) shall specify to the extent known to the owner:
(A) The date the tank was taken out of operation;
(B) The age of the tank on the date taken out of operation;
(C) The size, type and location of the tank; and
(D) The type and quantity of petroleum substances left stored in such tank on the date taken out of operation.
(4) Any owner who brings into use petroleum underground storage tanks after the initial notification period specified under subdivision (a)(1) shall notify the commissioner at least fifteen (15) days in advance of the date the tank is installed for storage of petroleum substances, specifying the age, size, type, location, and uses of such tank.
(5) Subdivisions (a)(1)-(3) shall not apply to tanks for which notice was given pursuant to § 103(c) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
(6) Beginning thirty (30) days after the commissioner prescribes the form of notice pursuant to subdivision (b)(2) and for twelve (12) months thereafter, any person who deposits petroleum substances into a petroleum underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection.
(7) Beginning thirty (30) days after the board promulgates new tank performance standards pursuant to this chapter, any person who sells a tank intended to be used as a petroleum underground storage tank in Tennessee shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection.
(b) (1) Within ninety (90) days after July 1, 1988, the commissioner shall designate the appropriate division within the department to receive the notification required by subdivision (a)(1), (2) or (3).
(2) Within ninety (90) days after July 1, 1988, the commissioner, in consultation with state officials designated pursuant to subdivision (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notification under subdivision (a)(1), (2) or (3).
(3) Any change in the status of the tanks at a petroleum underground storage tank facility must be reported within thirty (30) days of such change. This includes, but is not limited to, changes of ownership, upgrading or replacement of tanks and changes in service. Such reports shall be made using an amended notification form. In the case of a sale of tanks, the seller must submit the amended notification form and must also inform the buyer of the notification requirement.
(c) For any petroleum underground storage tank for which any annual fees or penalties have not been paid when due or that is in violation of requirements of the rules as evidenced by an order issued pursuant to this part that has become final, the commissioner may take one (1) or more of the following actions:
(1) Affix a notice to a dispenser;
(2) Affix a tag to a fill port; or
(3) Give notice on the department web site.
(d) Removal of the notice or tag affixed pursuant to subsection (c) shall be a Class C misdemeanor.
(e) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a tank that has either had a physical notice or tag placed on the dispenser or fill port or has had a notice placed on the department web site pursuant to subsection (c).
[Acts 1988, ch. 984, § 8; 1990, ch. 855, § 3; T.C.A., § 68-53-106; Acts 2004, ch. 925, §§ 3, 4; 2008, ch. 794, § 1.]