2001 Minnesota Statutes

     116.49 Environmental protection requirements. 

    Subdivision 1.    Rules.  The agency must adopt rules 
 applicable to all owners and operators of underground storage 
 tanks.  The rules must establish the safeguards necessary to 
 protect human health and the environment.  The agency may delay 
 adopting the rules until the United States Environmental 
 Protection Agency proposes regulations for regulated substances, 
 as defined in section 116.46, subdivision 6, clause (1).  The 
 agency shall delay adopting the rules for regulated substances, 
 as defined in section 116.46, subdivision 6, clause (2), until 
 the United States Environmental Protection Agency publishes 
 final regulations for underground storage tanks, or February 8, 
 1987, whichever is earlier. 

    Subd. 1a.    Tank located on tax-forfeited land.  The 
 state, an agency of the state, or a political subdivision is not 
 considered an owner or operator of a tank solely as a result of 
 the forfeiture of title to the tank or real property where the 
 tank is located for nonpayment of taxes, or solely as a result 
 of actions taken to manage, sell, or transfer tax-forfeited land 
 where a tank is located under chapter 282 and other laws 
 applicable to tax-forfeited lands.  This subdivision does not 
 relieve the state, a state agency, or a political subdivision 
 from liability for the daily operation of a tank under its 
 control or responsibility located on tax-forfeited land. 

    Subd. 2.    Interim standards.  Until the rules required 
 by subdivision 1 become effective, a person may not install an 
 underground storage tank unless the tank:  

    (1) is installed according to requirements of the American 
 Petroleum Institute Bulletin 1615 (November 1979) and all 
 manufacturer's recommendations; 

    (2) is cathodically protected against corrosion, 
 constructed of noncorrosive material, steel clad with a 
 noncorrosive material, or designed in a manner to prevent the 
 release of any stored substance; and 

    (3) is constructed to be compatible with the substance to 
 be stored.  

    HIST: 1Sp1985 c 13 s 238; 1990 c 586 s 5