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.
Notes
Authority:AS 46.03.020
AS 46.03.365
AS 46.03.375
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