La. Admin. Code tit. 33 § XI-301

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-301 - Registration Requirements

A. Existing UST Systems

1. All owners of existing UST systems (as defined in LAC 33:XI.103) were required to register such systems by May 8, 1986, (USTs installed after that date were required to be registered within 30 days of bringing such tanks into use) on a form approved by the department. Tanks filled with a solid, inert material before January 1, 1974, are not required to be registered with the department.

2. Owners of underground storage tanks taken out of service on or after January 1, 1974, unless the owner or operator knows the tank was subsequently removed from the ground, were required to notify the department of the existence of such tanks on or before May 8, 1986, on a form approved by the department. Owners and operators who have not complied with this requirement shall use the department's approved registration form, specifying at a minimum, to the extent known by the owner or operator, the date the tank was taken out of operation, the location of the tank, the capacity, type of construction, age of the UST system, the type of regulated substance stored in the tank, and the quantity of regulated substances left stored in the tank on the date the tank was taken out of operation, as well as other pertinent information required on the form.

3. All existing UST systems previously registered with the department shall be considered to be in compliance with this requirement if the information on file with the department is current and accurate. Maintaining current and accurate information with the department includes notifying the Office of Environmental Assessment of changes in ownership, or of changes in UST system descriptions resulting from upgrading, by filing an amended registration form within 30 days of the change in ownership or in description of the UST system. After September 20, 2018, existing UST systems shall comply with the registration requirements outlined in LAC 33:XI.301.C.

B. New UST Systems. Beginning July 20, 1990, through September 20, 2018, all owners of new UST systems (as defined in LAC 33:XI.103) shall, at least 30 days before bringing such tanks into use, register them on an underground storage tank registration form (UST-REG-01). Registration forms shall be filed with the Office of Management and Finance. The following registration requirements apply to new UST systems.

1. All owners of new UST systems shall certify, in the space provided on the department's approved registration form, compliance with the following requirements:

a. tank and piping installation in accordance with LAC 33:XI.303.D.6, including secondary containment of new and replacement tanks and/or piping, under-dispenser containment, and submersible pump containment;

b. cathodic protection of steel tanks and piping in accordance with LAC 33:XI.303.D.1-2;

c. financial responsibility requirements under LAC 33:XI.Chapter 11; and

d. release detection requirements under LAC 33:XI.703.A-C.

2. All owners of new UST systems shall ensure that the installer certifies on the registration form that the methods used to install the tanks and piping comply with the requirements of LAC 33:XI.303.D.6.a. Beginning January 20, 1992, registration forms shall include the name and department-issued certificate number of the individual exercising supervisory control over installation-critical junctures (as defined in LAC 33:XI.1303) of a UST system.

C. All UST system owners or operators shall comply with the following requirements.

1. All owners of UST systems (as defined in LAC 33:XI.103) installed after September 20, 2018, shall register them using the underground storage tank registration and technical requirements form (UST-REG) prior to placing a regulated substance into the UST. To demonstrate compliance with the requirements outlined in LAC 33:XI.301.B.1, all owners shall certify in the space provided on the UST-REG form and submit the form to the Office of Management and Finance prior to allowing a regulated substance to be placed into the UST system. The form shall be complete and accurate and filled out in its entirety. In addition to the requirements outlined in LAC 33:XI.301.B.1, the following requirements shall also be met.

a. The UST-REG form shall include the name and department-issued certificate number of the individual(s) exercising supervisory control over all installation-critical junctures (as defined in LAC 33:XI.1303) of the UST system.

b. If multiple certified installers exercised supervisory control of installation-critical junctures of an installation, a written statement signed by each installer explaining which certified worker was responsible for which installation-critical juncture shall accompany the UST-REG form.

c. A to-scale site diagram showing all tanks, product piping, vent piping, and dispenser locations of all UST systems installed or renovated after September 20, 2018, shall be submitted to the department with the UST-REG form.

2. All UST owners and operators shall submit a current and accurate updated UST-REG form to the department within 30 days of any changes of any of the items reflected on their most current registration forms. Owners who own multiple places of operation shall submit a separate form for each place of operation. Updated forms submitted to the department shall be filled out in their entirety with the exception of the certified worker section if the update does not involve a certified worker requirement.

3. All UST owners and operators shall submit an updated UST-REG form to the department within 60 days of the first compliance evaluation inspection after September 20, 2018, or before September 20, 2021, whichever comes first. The updated form shall be complete and accurate, and filled out in its entirety with the exception of the certified worker section if the update does not involve a certified worker requirement.

4. Any person who sells a UST system shall so notify the Office of Environmental Assessment in writing within 30 days after the date of the transaction. A person selling a UST shall also notify the person acquiring a regulated UST system of the owner's registration obligations under this Section.

5. Any person who acquires a UST system shall submit to the Office of Management and Finance an amended underground storage tank registration and technical requirements form (UST-REG) within 30 days after the date of acquisition.

6. Any person who acquires a UST system shall submit to the Office of Management and Finance all current and unpaid annual fees along with any late payment fees for the UST system prior to receiving a current registration certificate from the department.

7. A current copy of the registration form shall be kept on-site or at the nearest staffed facility.

8. A current copy of the registration certificate shall be kept on-site or at the nearest staffed facility.

9. No owner or operator shall allow a regulated substance to be placed into a UST system that has not been registered with the department.

10. No person shall place a regulated substance into a UST system that has not been registered with the department.

11. No owner or operator shall allow a regulated substance to be placed into a UST system that does not have a current registration certificate.

12. No person shall place a regulated substance into a UST system that does not have a current registration certificate.

La. Admin. Code tit. 33, § XI-301

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 11:1139 (December 1985), amended LR 16:614 (July 1990), LR 17:658 (July 1991), LR 18:727 (July 1992), LR 20:294 (March 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2558 (November 2000), LR 28:475 (March 2002), amended by the Office of Environmental Assessment, LR 31:1066 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2520 (October 2005), repromulgated LR 32:393 (March 2006), amended LR 32:1852 (October 2006), LR 33:2171 (October 2007), LR 34:2116 (October 2008), amended by the Office of the Secretary, Legal Division, LR 38:2760 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432143 (11/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441593 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.