Section 173-360-200. Notification requirements.

(1) Notice of intent to install a new UST system. Except in the circumstances defined in subsection (5) of this section, any owner who intends to install a new UST system shall submit a notice of such intent to the department or delegated agency at least thirty days and not more than ninety days prior to installing the UST system. Such notice shall meet the following requirements:

(a) The notice of intent shall be provided on the appropriate Washington state form, which is available from the department;

(b) Each UST system to be installed which is regulated under this chapter shall be reported;

(c) Owners may provide notice for more than one UST system using a single form, but UST systems to be installed at separate sites shall be reported on separate forms; and

(d) The completed form shall include all of the information required on the form.

(2) Notification of new UST systems in use. Within thirty days of bringing any newly installed UST system regulated under this chapter into use, the owner shall submit notice of such UST system to the department. This notice shall meet the following requirements:

(a) The notice shall be provided on the appropriate Washington state underground storage tank notification form, which is available from the department;

(b) Each tank regulated under this chapter shall be reported;

(c) Owners may provide notice for more than one tank using a single notification form, but owners who own tanks located at more than one site shall file a separate notification form for each site;

(d) Notification required under this section shall include all of the information required on the form for each tank for which notice must be given; and

(e) Notification for tanks installed after December 22, 1988, shall also certify compliance with the following requirements:

(i) Corrosion protection of steel tanks and piping under WAC 173-360-305 (1) and (2);

(ii) Financial responsibility under WAC 173-360-400 through 173-360-499; and

(iii) Release detection under WAC 173-360-335 and 173-360-340.

(3) Certification of installation. All owners and operators of new UST systems shall ensure that the methods used to install the tanks and piping comply with the requirements in WAC 173-360-305(4). Such certification shall be accomplished by completing a notification form, which is available from the department, as specified in WAC 173-360-305(5). The form must be signed by the certified UST supervisor.

(4) Notification of existing UST systems. Owners of any existing UST system regulated under this chapter which has not previously been reported to the department shall provide notification regarding such UST system immediately, following the requirements of subsection (2) (a) through (e) of this section.

Note:	Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the department in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by Washington state unless notice was given pursuant to section 103(c) of CERCLA.

(5) Emergency replacement of UST systems.

(a) An exception to the thirty-day notice requirement for new installations in subsection (1) of this section is allowed when an UST system is being replaced on an emergency basis due to a release from the system being replaced. An emergency shall be regarded as a newly discovered release from an UST system which is:

(i) In operation at the time of the release;

(ii) Located at an operating facility; and

(iii) Necessary for the normal operation of the facility.

(b) Under the circumstances described in (a) of this subsection, the notice of intent to install an UST system may be provided after the installation of the new system but no more than seven days after the installation is completed. The information which must be included in the notice of intent form is the same as in subsection (1) of this section. A site assessment meeting the requirements of WAC 173-360-390 shall be completed prior to installing a tank in the excavation pit of a tank being replaced and prior to installing new piping in the piping trench of piping being replaced.

(6) Changes to UST systems. Any changes in the information initially reported in the notification form submitted under subsection (2), (4) or (5) of this section, including temporary closure of an UST system that was initially reported as being in use, shall be reported to the department or delegated agency by submitting a new notification form within thirty days after such changes occur.

(7) Beginning October 24, 1988, any person who sells a new tank which is intended to be used as an underground storage tank, or an existing UST system or property including an existing UST system which is intended to be used as an UST system, shall notify the purchaser of such tank or UST system of the owner's notification obligations under this section.

[Statutory Authority: Chapter 90.76 RCW. WSR 95-04-102, § 173-360-200, filed 2/1/95, effective 3/4/95; WSR 91-22-020 (Order 91-26), § 173-360-200, filed 10/29/91, effective 11/29/91; WSR 90-24-017, § 173-360-200, filed 11/28/90, effective 12/29/90.]

Chapter 90.76 RCW. WSR 95-04-102, § 173-360-200, filed 2/1/95, effective 3/4/95; WSR 91-22-020 (Order 91-26), § 173-360-200, filed 10/29/91, effective 11/29/91; WSR 90-24-017, § 173-360-200, filed 11/28/90, effective 12/29/90.

Rules

173-360-305,173-360-400,173-360-499,173-360-335,173-360-340,173-360-305,173-360-305,173-360-390,