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ACT NO. 132


Underground Storage Tanks; Petroleum Tank Assessment

This act amends the underground storage tank legislation to make it clear that tank removal must take place in accordance with tank closure provisions of the law. It also makes it clear that subsequent owners of property containing tanks have responsibilities for tank closure. It removes closure requirements for tanks that have not been used for a period of one year, if they meet new construction standards. It makes subsequent purchasers responsible for closure if the purchaser knew or had reason to know of the tank prior to the purchase, except that when a lender has that awareness, the lender will not have responsibility, if within 30 days the lender empties the tank and takes specified steps to prevent infiltration and accidental deliveries.

The act delays from June to December the deadline for certain tank upgrades and provides that after December 22, 1998 no person shall deliver a regulated substance to a category one tank or a farm or residential large tank which is not visibly designated as meeting tank standards.

The act provides that certain aboveground storage tanks are eligible for disbursements from the petroleum cleanup fund, according to conditions specified in the act, in a total amount not to exceed $250,000.00 per year. It allows the owners of farm or residential underground tanks to receive assistance in the form of grants or loans, in order to close, replace or upgrade a particular tank, with priority awards being given to projects that will avoid the greatest environmental or health risks. It requires thepetroleum fund advisory committee, in its report for the year 2000, to evaluate the implementation of assistance related to underground farm or residential fuel oil storage tanks and aboveground tanks and the need for continuing assistance, and to recommend sustainable funding sources to finance the provision of that assistance. It extends the termination dates of the petroleum distributor licensing fee and of the petroleum tank assessment. Finally, it establishes corrective action procedures that must be followed by a person liable for the release or threatened release of a hazardous material.

Effective Date: On passage, April 23, 1998