Section Env-Or 408.04 - Temporary Closure(a) Temporary closure of a UST system shall be accomplished by: (1) Removing all regulated substances from the system so that no more than one inch of residue remains in the tank; and(2) Equipping each opening or access point, such as fill risers, with a lock to secure against unauthorized use or tampering.(b) All removed substances shall be handled and disposed of in accordance with applicable local, state, and federal requirements.(c) The owner of a temporarily closed system shall comply with the cathodic protection requirements specified in Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10.(d) Within 30 days of meeting the above requirements for temporary closure of a UST system, the owner shall report the change in operational status by submitting an amended registration to the department in accordance with Env-Or 404.01.(e) Any portion of a UST system with secondary containment and leak monitoring that has been temporarily closed for 3 years shall, within 30 days, be: (1) Reactivated as specified in (f), below;(2) Allowed to remain in temporary closure provided the conditions specified in (g), below, are met; or(3) Permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10.(f) A UST system that has been temporarily closed shall not be placed back into service, nor shall a regulated substance be introduced into the system, unless and until the owner complies with and certifies to the department in writing that the system is in compliance with: (1)Env-Or 404.01 relative to registration;(2)Env-Or 404.06 relative to permit to operate;(3)Env-Or 404.12 relative to financial responsibility;(4)Env-Or 405.05, Env-Or 405.06, Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill prevention;(5)Env-Or 405.08, Env-Or 405.09, Env-Or 406.05 through Env-Or 406.08, Env-Or 406.09, and Env-Or 406.13 relative to leak monitoring systems and tightness testing;(6)Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10 relative to cathodic protection;(7) Env-Or 500 relative to stage I/stage II system requirements; and(8)Env-Or 406.17 relative to primary containment testing.(g) A UST system that has been temporarily closed as specified in (e), above, may remain in temporary closure only if the owner certifies to the department in writing, once every 3 years that the system remains in temporary closure, that the system is in compliance with: (1)Env-Or 404.01 relative to registration;(2)Env-Or 404.06 relative to permit to operate;(3)Env-Or 404.12 relative to financial responsibility;(4)Env-Or 405.05, Env-Or 405.06, Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill prevention;(5)Env-Or 405.08, Env-Or 405.09, Env-Or 406.05 through Env-Or 406.08, and Env-Or 406.13 relative to leak monitoring systems and tightness testing;(6)Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10 relative to cathodic protection; and(7) Env-Or 500 relative to stage I/stage II system requirements, except that regulated substance need not be added in order to conduct a pressure decay test otherwise required by Env-Or 504 or Env-Or 505.N.H. Admin. Code § Env-Or 408.04
(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.