NAC459.9972. Assessment required before closure of tank; notice of contaminated soil or groundwater; removal of tank from ground.  


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  •      1. The owner or operator of a storage tank shall provide an assessment to the Division before a storage tank is permanently closed.

         2. The assessment must be conducted:

         (a) Using analytical test method 8015 of the Environmental Protection Agency that is modified for petroleum hydrocarbons and other constituents as required by the Division; and

         (b) On two soil samples that are obtained from native soil less than 2 feet below the bottom of the excavation, from opposite sides or ends of the excavation in an area where contamination is most likely to be present.

         3. The analysis must be conducted by a laboratory that is approved by the Division.

         4. The owner or operator of an underground storage tank shall notify the Director in the manner prescribed in NAC 445A.347 if, during an assessment conducted pursuant to this section, any contaminated soil or groundwater is discovered in an amount that exceeds an amount of a release for which a notice is required pursuant to that section.

         5. The owner or operator of an underground storage tank that is removed from the ground shall:

         (a) Dispose of or reuse the tank in accordance with the provisions of NRS 459.800 to 459.856, inclusive; and

         (b) Maintain a record of the disposal or reuse.

     (Added to NAC by Environmental Comm’n, eff. 10-9-90; A 1-23-96; R083-05, 10-31-2005; R189-08, 8-25-2009)