Title 12, Chapter 13, Section 5
( 12-13-5)
In the performance of its duties, the board shall have and may
exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and
regulations to implement and enforce the provisions of this
chapter as the board may deem necessary to provide for the
management of regulated substances stored in underground tanks to
protect the environment and health of humans. Such rules and
regulations may be applicable to the state as a whole or may vary
from area to area, as may be appropriate to facilitate the
accomplishment of the provisions, purposes, and policies of this
chapter. The rules and regulations shall include all requirements
necessary for consistency with applicable federal law and federal
regulations and shall include, but shall not be limited to, the
following: (A) Standards and control measures applicable to underground
storage tanks and owners or operators of underground storage
tanks. These standards and control measures may include, but
are not limited to: (i) Requirements for maintaining a leak detection system, an
inventory control system together with tank testing, or a
comparable system or method designed to identify releases in a
manner consistent with the protection of human health and the
environment; (ii) Requirements for maintaining records of any monitoring or
leak detection system or inventory controls or inventory
control system or tank testing or comparable system; (iii) Requirements for reporting of any releases and
corrective actions taken in response to a release from an
underground storage tank; and (iv) Requirements for notification regarding the existence of
operational or nonoperational underground storage tanks; (B) Requirements for maintaining evidence of financial
responsibility consistent with applicable federal law and
federal regulation; and (C) Performance standards for underground storage tanks brought
into use on or after the effective date of such standards. The
performance standards for new underground storage tanks shall
include, but are not limited to, design, construction,
installation, release detection, and compatibility standards;
and (2) Take all necessary steps to ensure the effective enforcement
of this chapter. |