Section 18 AAC 78.080 - Temporary closure(a) If a UST is temporarily closed, an owner or operator shall notify the department on a form supplied by the department and shall continue operation and maintenance of corrosion protection in accordance with 18 AAC 78.045 and any release detection in accordance with 18 AAC 78.060 - 18 AAC 78.072 and 18 AAC 78.700-18 AAC 78.705(b) If a release is suspected or confirmed during the temporary closure, the applicable requirements of 18 AAC 78.200 - 18 AAC 78.280 must be met.(c) Release detection and release detection operation, maintenance testing, and inspections are not required if the UST is empty and taken out of service and the owner or operator submits to the department an Empty Tank Affidavit form, adopted by reference in 18 AAC 78.015(d). The UST is empty when all materials have been removed using commonly employed practices so that not more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST, remain in the system. In addition, spill and overfill operation and maintenance testing and inspections are not required.(d) If a UST is temporarily closed for three months or longer, the owner or operator shall (1) leave vent lines open and functioning; and(2) cap and secure all other lines, pumps, manways, and ancillary equipment.(e) A substandard UST may be temporarily closed or temporarily taken out of service for more than 12 months only with department approval. The department may grant approval under this subsection only if (1) the UST meets the performance standards in 18 AAC 78.025 for a new UST, or the upgrading requirements of 18 AAC 78.030, except that the spill and overfill equipment requirements of 18 AAC 78.030(f) need not be met; and(2) a site assessment is completed as required by 18 AAC 78.090.(f) Unless the department has approved temporary closure or temporary taking out of service for more than 12 months under (e) of this section, the owner or operator shall (1) after 12 months permanently close a substandard UST as required by 18 AAC 78.085; and(2) complete a site assessment as required by 18 AAC 78.090.(g) No person may use temporary closure to avoid the upgrading requirements of 18 AAC 78.030.(h) The owner or operator of a UST that is temporarily closed on a seasonal basis, because of weather or other seasonal conditions, may apply to the department for a waiver under this section. No waiver will be granted for the requirements of (b) or (d) of this section.(i) An owner or operator of a UST that is temporarily closed or temporarily taking out of service shall maintain financial responsibility as required in 18 AAC 78.910.Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
AS 46.03.375