49-1071. Noncorrective action tank site improvement; purposes; priority

A. Subject to the availability of monies in the underground storage tank revolving fund that are annually allocated by the director for each of the following types of actions, an owner, operator or person that meets the requirements of section 49-1016, subsection C may request that the department provide monies for that person to conduct one or more of the following actions, up to a maximum of $300, 000 per site:

1. Actions necessary to ensure that the underground storage tank, its piping and its under-dispenser containment comply with standards for new installations prescribed by section 49-1009 or other applicable federal requirements, including replacement of system components, up to a maximum of $200, 000.

2. Removal of underground storage tanks for purposes of permanent closure or replacement, up to a maximum of $25, 000 per tank. If petroleum contaminated media that require over-excavation are encountered during removal of the underground storage tank, up to an additional $15, 000 per site is available for reimbursement.

3. Confirmation of a suspected release at a tank or site, up to a maximum of $20, 000.

4. Obtaining a baseline assessment of a site as prescribed in section 49-1052, up to a maximum of $40, 000.

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.

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 on nearby surface water and groundwater.

5. The degree of exposure.

6. The financial resources of the applicant.

C. An application for funding and request for reimbursement under this section shall be on a form provided by the department and shall include:

1. Detailed information about the site, including the type, number and location of tanks.

2. Information about the owner and operator, including the type of financial responsibility.

3. A description of the evidence of any release or suspected release.

4. The proposed actions necessary to meet tank and system performance standards.

D. Monies may not be provided under this section for work that takes place more than one year after the date that monies are approved.

E. An application for monies pursuant to this section may be filed with the department at any time during the actions prescribed by subsection A of this section but only those costs incurred after the department approves the application are eligible for reimbursement. The maximum amounts prescribed in this section apply to applications approved by the department whether before or after August 27, 2019.