49-1017.02. Powers of the director; noncorrective actions

A. Subject to the availability of monies in the underground storage tank revolving fund that are allocated by the director, an owner, an operator or another person that meets the requirements of section 49-1016, subsection C may request that the department conduct one or more of the following noncorrective actions at a site:

1. Obtaining a baseline assessment of a tank or site as prescribed in section 49-1052.

2. Confirmation of a suspected release at a tank or site.

3. Permanent closure of an underground storage tank as prescribed by section 49-1008.

B. In determining the priority for requests under subsection A of this section, the director may consider the following factors:

1. The age, construction and operational history of the underground storage tank at the site.

2. The hydrogeologic characteristics of the site where the underground storage tank is located and the surrounding area.

3. The proximity, quality and current and future uses of nearby surface water and groundwater.

4. The potential effects of residual contamination to nearby surface water and groundwater.

5. The degree of exposure, including the physical and chemical characteristics of the type of petroleum sold or suspected to have been released, including its toxicity, persistence and potential for migration.

6. The financial ability of the person to conduct the action with the person's own monies.

C. A request for a noncorrective action under this section shall be on a form provided by the department and shall contain sufficient information related to the site and the factors prescribed in subsection B of this section to allow the director to make a determination of priority for that request.