1. Owners and operators of underground storage tank systems must contain and immediately clean up a spill or overfill and report to the department within twenty-four hours, or another reasonable time period specified by the department, and begin corrective action in accordance with sections 33.1-24-08-50 through 33.1-24-08-57 in the following cases: a. Spill or overfill of petroleum that results in a release to the environment that exceeds twenty-five gallons [94.63 liters] or another reasonable amount specified by the department, or that causes a sheen on nearby surface water; and b. Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act [40 CFR 302].

2. Owners and operators of underground storage tank systems must contain and immediately clean up a spill or overfill of petroleum that is less than twenty-five gallons [94.63 liters] or another reasonable amount specified by the department, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within

twenty-four hours, or another reasonable time period established by the department, owners and operators must immediately notify the department.

NOTE: A release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within twenty-four hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act and to appropriate state and local authorities under title III of the Superfund Amendments and Reauthorization Act.

History: Effective January 1, 2019.

General Authority: NDCC 23.1-04-03, 23.1-04-06; S.L. 2017, ch. 199 § 1