North Dakota requires safety rules for covered aboveground fuel tanks

The North Dakota Department of Environmental Quality must adopt safety rules for covered aboveground fuel tanks. Covered tanks store refined fuels such as gasoline and diesel. Exclusions include noncommercial farm and home motor-fuel tanks, portable tanks, and tanks at listed industrial and energy facilities. Rules must cover leak detection, records, spill reporting, cleanup, safe closure, and proof that owners can pay for cleanup and harm to others. Rules must also cover construction standards, tank notices, and decisions to stop fuel deliveries.

The Department of Environmental Quality may set reasonable fees for registering, licensing, or permitting covered aboveground tanks. The required permit fee system covers owning, installing, or operating tanks covered by the aboveground tank chapter. Fees must reflect expected application processing, permit review, monitoring, and inspection costs. Money collected goes into the agency's operating fund. The Legislature must approve spending from that fund.

The Department of Environmental Quality may inspect covered tank sites, order compliance, respond to emergencies, and seek court penalties. People who violate the covered tank chapter, its rules, its standards, or permit conditions face civil penalties, which are financial penalties. Inspectors must show credentials and enter at a reasonable time. They may take samples and copy relevant records. Emergency action requires information that a tank release may pose an immediate and serious danger to health or the environment. Knowingly making a false statement in required documents carries a civil penalty of up to $12,500 per violation. Each day a violation continues counts as a separate violation.

The petroleum release compensation chapter excludes listed tanks from its definition of a covered tank. The exclusions apply to the petroleum release compensation fund, which helps pay eligible costs from fuel spills. They include tanks at refineries, fuel distribution facilities, and power facilities. Other exclusions include tanks tied to oil, gas, or geothermal production, tanks regulated under listed pipeline safety laws, and asphalt or septic tanks.

Tank owners or operators must pay a $25 monthly late fee per tank when registration payment is more than 60 days overdue. The fee applies to owners or operators owing tank registration payments under the petroleum release compensation chapter. The Department of Environmental Quality sets the payment due date through its rules. The late fee applies when payment is not received within 60 days of the due date set by agency rules.