- (a) As provided by state and federal law and except as otherwise provided in this section, all owners and operators of storage tanks must register their tanks in accordance with this part.
(b)
- (1) An owner or operator shall not receive any regulated substance into any underground storage tank without furnishing current and proper proof of registration under 8 CAR § 80-202(a) to the person selling the regulated substance.
- (2) A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any underground storage tank for which he or she has not obtained current and proper proof of registration under 8 CAR § 80-202(a) from the owner or operator.
- (c) This part shall not apply to aboveground storage tanks located on farms if the contents are used for agricultural purposes and not held for resale.
(d) This part shall not apply to aboveground tanks storing a regulated substance at a location on a transitory or temporary basis, for example, short-term use at:
- (1) Nonpermanent construction;
- (2) Roadway maintenance;
- (3) Timber harvesting; or
- (4) Emergency response locations.
- (e) This part shall not apply to storage tanks containing a de minimis concentration of a regulated substance.
(f)
- (1) An aboveground storage tank that contains petroleum may be registered under this section at the option of the owner or operator for the purpose of allowing potential eligibility for reimbursement under the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq.
- (2) If an owner or operator of an aboveground storage tank that contains petroleum chooses to register the aboveground storage tank under this section, a certification of registration under 8 CAR § 80-202 must be obtained and the storage tank registration fees under 8 CAR § 80-203 must be paid.