§ 1926. Unused and abandoned tanks

(a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. Any underground storage tank that has not been used for a period of one year may be closed in accordance with tank closure requirements prescribed by rules adopted under this chapter.

(b) The responsibility for the closure of an underground storage tank shall rest with:

(1) the person who owned the tank immediately before its use was discontinued; and

(2) any subsequent purchaser of the tank or the property on which the tank is located, if the purchaser knew or had reason to know of the existence of the tank prior to the purchase.

(c) The person identified in subdivision (b)(2) of this section shall have the primary responsibility for closure, except that a secured lender who acquires record title to the property on which the tank is located, through or incident to foreclosure, shall not have responsibility under this section, provided that the secured lender discloses in writing the presence of the unused underground tank or tanks to the subsequent buyer, and, within 30 days of the date the secured lender becomes record title holder of the property, the secured lender takes all of the following actions:

(1) the contents of the tank or tanks are removed such that less than one inch or 0.3 percent by weight of the tank's capacity remains in the tank;

(2) all fill pipes, gauge openings, manways, and other openings are secured to prevent infiltration from rainwater, surface runoff, and accidental deliveries; and

(3) the vent line is left open and functioning and is secured to prevent infiltration from rainwater and debris.

(d) If the persons described in subdivisions (b)(1) and (2) of this section are unknown or cannot be contacted, or if the person owning the land on which the tank is located does not allow access to the tank, the person owning the land on which the tank is located, upon direction of the Secretary, shall close the tank. If the following conditions are met, the Secretary shall draw upon the Petroleum Cleanup Fund established by section 1941 of this title in order to reimburse the person owning the land for the reasonable costs of that action and the Secretary shall not seek repayment to the Fund from the person owning the land:

(1) the person owning the land can establish that after making a diligent and appropriate investigation he or she had no knowledge or reason to know of the existence of an underground storage tank; and

(2) the person owning the land has given all reasonable assistance in the closing of the tank; and

(3) the person owning the land is directed in writing by the Secretary to close the tank, and does so. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 20; 1995, No. 57, § 1; 1997, No. 132 (Adj. Sess.), § 5, eff. April 23, 1998; 2009, No. 22, § 2.)