Section 18 AAC 78.035 - Notification requirements(a) An owner must submit notice to the department in accordance with 18 AAC 78.015(a) of USTs that are currently in existence, newly installed, returned to service, or transferred in ownership. For a UST that was in the ground on or after May 8, 1986 and was not taken out of operation on or before January 1, 1974, and for which notification was not provided under 42 U.S.C. 6991a(a) (sec. 601(a) of the Hazardous and Solid Waste Amendments of 1984) to the department or under 42 U.S.C. 9603(c) (sec. 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), an owner or operator of the UST must provide notice of the existence of the UST in accordance with 18 AAC 78.015(a) and may use the department's registration form to provide the required notification.(b) A person who assumes ownership of a regulated UST, except as described in (a) of this section, must submit a notice of the ownership change to the department in accordance with 18 AAC 78.015(a).(c) An owner required to submit notices under (a) or (b) of this section must provide notices to the department for each tank that the person owns. The owner may provide notice for several tanks using one notification form, but an owner who owns tanks located at more than one place of operation must file a separate notification form for each separate place of operation.(d) The owner or operator of a new UST must certify in the UST registration form compliance with the following requirements:(1) installation of tanks and piping under 18 AAC 78.025(i);(2) cathodic protection of steel tanks and piping under 18 AAC 78.025(e) and (f);(3) financial responsibility under 1 8 AAC 78.910; and(4) release detection under 18 AAC 78.060 - 1 8 AAC 78.072.(e) The owner or operator of a new UST must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping comply with the requirements in 18 AAC 78.025.(f) A person who sells a tank intended to be used as a UST must notify the purchaser of the UST of the owner's notification obligations under (a) of this section. The following statement, when used on shipping tickets and invoices, may be used to comply with this requirement: "Note. A federal law (the Solid Waste Disposal Act, as amended), requires owners of certain underground storage tanks to notify the Alaska Department of Environmental Conservation (department) of the existence of their tanks. Notifications must be made not later than 30 days after the tank is placed into use. Consult the department's regulation at 18 AAC 78.035 to determine if you are affected by this law."(g) An owner or operator who intends to significantly reconfigure a UST shall notify the department at least 15 days, but not more than 60 days before beginning work on the proposed change, using a form provided by the department.Eff. 3/25/91, Register 118; am 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
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