NAC459.994. Underground storage tanks: Testing for tightness.

     1. Except as otherwise provided in this section, each owner or operator of an underground storage tank shall perform or cause to be performed a test of the tank for tightness in accordance with the schedule contained in subsection (c) of 40 C.F.R. § 280.40.

     2. The test must be performed by a contractor certified by the Division.

     3. The owner or operator shall retain a certificate from the person performing the test showing that the test has been performed. The certificate must be made on a form approved by the Division.

     4. In lieu of a test for tightness, each owner or operator may conduct any release detection methods prescribed in 40 C.F.R. §§ 280.43 and 280.44 as an acceptable means of release detection.

     5. An operator of an underground storage tank that is not empty but is temporarily closed in accordance with 40 C.F.R. § 280.70 shall perform or cause to be performed a test of the storage tank for tightness in accordance with 40 C.F.R. §§ 280.40 to 280.45, inclusive.

     6. Except as otherwise provided in this subsection, an abandoned storage tank must be tested for tightness in accordance with subsection (c) of 40 C.F.R. § 280.43 before it is returned to service. If a test of the abandoned storage tank will cause a threat to human health or the environment, as determined by the Division, the Division may waive the test for tightness or require any other method of testing in accordance with the provisions of subsection (h) of 40 C.F.R. 280.43 and subsection (c) of 40 C.F.R. 280.44. The allocation of costs pursuant to NRS 590.880 or 590.890 will be applied if there is a discharge from the storage tank.

     7. A test for tightness is not required before an underground storage tank is closed pursuant to subsection (b) of 40 C.F.R. § 280.71 if the Division:

     (a) Has no record of the storage tank being installed, operated or closed; and

     (b) Is unable to locate the owner of the storage tank.

     8. As used in subsection 6, “abandoned storage tank” means an underground storage tank that:

     (a) Is not maintained and whose owner or operator has not provided the Division with a written statement of his or her intention to close the storage tank; or

     (b) Is not in service and does not comply with 40 C.F.R. § 280.70 or 280.71.

     (Added to NAC by Environmental Comm’n, eff. 6-11-90; A 3-26-92; 1-23-96; R083-05, 10-31-2005)