1. (a) Design. On or after September 1, 1987, no person shall install or have installed an underground storage tank system for the purpose of storing or otherwise containing regulated substances unless such underground storage tank system, whether of single-wall or double-wall construction, meets the following standards.

   1. (1) The underground storage tank system shall prevent releases due to corrosion or structural failure for the operational life of the underground storage tank system.
   2. (2) All components of the underground storage tank system shall be either cathodically protected against corrosion, constructed of noncorrodible material, constructed of a steel material which has been clad with a noncorrodible material, or shall be otherwise designed and constructed in a manner that shall prevent the release or threatened release of any stored substances.
   3. (3) The underground storage tank system shall be constructed of or lined with a material that is compatible with the stored substance.

2. (b) Delivery.

   1. (1) Except as provided under paragraph (2) of this subsection, on or after January 1, 1990, no person shall deposit or have deposited any regulated substance into an underground storage tank system unless such system is registered with the commission under §334.7 of this title (relating to Registration). Prior to the deposit of any regulated substance into an underground storage tank, the owner or operator shall provide evidence of registration as necessary to meet the provisions of this paragraph.
   2. (2) The prohibited delivery of regulated substances shall not be applicable to deliveries into a new or replacement UST system occurring within 30 days of the first deposit of regulated substances.
3. (c) Notification. No person shall perform any installation, replacement, removal, change-in-service, abandonment in-place, or any other major construction related to an underground storage tank system unless and until the commission has been provided prior notification of such activity in accordance with §334.6 of this title (relating to Construction Notification).

4. (d) Registration. On or after September 1, 1987, no person shall own or operate an underground storage tank which contains or has contained a regulated substance unless such underground storage tank has been properly registered with the commission in accordance with §334.7 of this title (relating to Registration), except for:

   1. (1) underground storage tanks completely exempted or partially exempted from regulation under §334.4(a) or (c) of this title (relating to Statutory Exemptions);
   2. (2) underground storage tanks completely excluded or partially excluded from regulation under §334.4(a) or (c) of title (relating to Commission Exclusions); and

   3. (3) underground storage tanks which are permanently out of service and which either:

      1. (A) were removed from the ground before May 8, 1986; or
      2. (B) remain in the ground, but were emptied, cleaned, and filled with solid inert materials on or before January 1, 1974, in accordance with accepted industry practices in effect at the time the UST was taken out of operation;

   4. (4) underground storage tanks which are out of operation and empty of regulated substances at the time of their discovery, provided that:

      1. (A) the facility owner can reasonably demonstrate no prior knowledge of the existence of the USTs; and
      2. (B) the USTs are permanently removed from service in accordance with §334.55 of this title (relating to Permanent Removal from Service) no later than September 29, 1990, or within 60 days of their discovery, whichever is later.

Source Note:The provisions of this §334.5 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424.