North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1058 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1058
4		-	(Energy and Natural Resources Committee)
	1	+	25.8051.03000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Energy and Natural Resources Committee
5	7		(At the request of the Department of Environmental Quality)
6		-	AN ACT to create and enact a new chapter to title 23.1 of the North Dakota Century ~~Code, relating to~~
7		-	the regulation of aboveground storage tanks; to amend and reenact section ~~23.1-12-02 and~~
8		-	subsection 7 of section 23.1-12-17 of the North Dakota Century Code, relating ~~to the~~
9		-	department of environmental quality and tank registration fees; and to provide a penalty.
	8	+	A BILL for an Act to create and enact a new chapter to title 23.1 of the North Dakota Century
	9	+	Code, relating to the regulation of aboveground storage tanks; to amend and reenact section
	10	+	23.1-12-02 and subsection 7 of section 23.1-12-17 of the North Dakota Century Code, relating
	11	+	to the department of environmental quality and tank registration fees; and to provide a penalty.
10	12		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. A new chapter to title 23.1 of the North Dakota Century Code is created and ~~enacted~~
12		-	as follows:
	13	+	SECTION 1. A new chapter to title 23.1 of the North Dakota Century Code is created and
	14	+	enacted as follows:
13	15		Definitions.
14	16		For purposes of this chapter:
15		-	1."Aboveground storage tank" means any one or a combination of aboveground ~~containers,~~
16		-	vessels, or enclosures, including associated piping or appurtenances used ~~to store an~~
17		-	accumulation of refined petroleum products that is not an underground ~~storage tank as~~
18		-	defined in chapter 23.1 - 04. The term does not include a:
	17	+	1."Aboveground storage tank" means any one or a combination of aboveground
	18	+	containers, vessels, or enclosures, including associated piping or appurtenances used
	19	+	to store an accumulation of refined petroleum products that is not an underground
	20	+	storage tank as defined in chapter 23.1 - 04. The term does not include a:
19	21		a.Farm or residential tank used for storing motor fuel for noncommercial purposes.
20		-	b.Tank used for storing heating oil for consumptive use on the premises where stored.
	22	+	b.Tank used for storing heating oil for consumptive use on the premises where
	23	+	stored.
21	24		c.Septic tank.
22	25		d.Pipeline facility, including gathering lines and breakout tanks, regulated under:
23	26		(1)The Natural Gas Pipeline Safety Act of 1968 [Pub. L. 90-481].
24		-	(2)The Hazardous Liquid Pipeline Safety Act of 1979 [Pub. L. 96-129, 49 U.S.C. 60101
25		-	et seq.].
	27	+	(2)The Hazardous Liquid Pipeline Safety Act of 1979 [Pub. L. 96-129,
	28	+	49 U.S.C. 60101 et seq.].
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	30	+	ENGROSSED HOUSE BILL NO. 1058
	31	+	FIRST ENGROSSMENT
	32	+	with Senate Amendments
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26	55		(3)An interstate pipeline facility regulated under state laws comparable to the
27	56		provisions of law in paragraph 1 or 2.
28	57		(4)Title 49, Code of Federal Regulations, part 195.
29		-	e.Surface impoundment, pit, pond, lagoon, storm water collection system, or ~~wastewater~~
30		-	collection system.
	58	+	e.Surface impoundment, pit, pond, lagoon, storm water collection system, or
	59	+	wastewater collection system.
31	60		f.Flow-through process tank or vapor recovery unit tank.
32		-	g.Liquid trap or associated gathering lines directly related to oil or gas production ~~and~~
33		-	gathering operations.
	61	+	g.Liquid trap or associated gathering lines directly related to oil or gas production
	62	+	and gathering operations.
34	63		h.Tank owned by the federal government.
35	64		i.Tank used for the transportation of petroleum.
36		-	j.Tank with a capacity under one thousand three hundred twenty gallons [4996.73 liters]
37		-	used to store lubricating oil. H. B. NO. 1058 - PAGE 2
38		-	k.Tank used to store ethanol or biodiesel for wholesale purposes with a capacity greater
39		-	than twenty thousand gallons [75708.24 liters].
40		-	l.Tank that is located at or is part of a terminal, midstream facility, petrochemical plant,
41		-	syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric energy
42		-	conversion facility, electric transmission related facility, and associated transloading
43		-	facility.
44		-	m.Tank, liquid trap, gathering line, or other facility associated with exploration, development,
45		-	or production of oil, gas, or geothermal resources controlled under title 38.
	65	+	j.Tank with a capacity under one thousand three hundred twenty gallons
	66	+	[4996.73 liters] used to store lubricating oil.
	67	+	k.Tank used to store ethanol or biodiesel for wholesale purposes with a capacity
	68	+	greater than twenty thousand gallons [75708.24 liters].
	69	+	l.Tank that is located at or is part of a terminal, midstream facility, petrochemical
	70	+	plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric
	71	+	energy conversion facility, electric transmission related facility, and associated
	72	+	transloading facility.
	73	+	m.Tank, liquid trap, gathering line, or other facility associated with exploration,
	74	+	development, or production of oil, gas, or geothermal resources controlled under
	75	+	title 38.
46	76		n.Asphalt tank.
47		-	o.Storage tank situated in an underground area, including a basement, cellar, mine, ~~mine~~
48		-	drift, mine shaft, or mine tunnel, if the storage tank is situated upon or ~~above the surface~~
49		-	of the floor.
	77	+	o.Storage tank situated in an underground area, including a basement, cellar, mine,
	78	+	mine drift, mine shaft, or mine tunnel, if the storage tank is situated upon or
	79	+	above the surface of the floor.
50	80		p.Propane storage tank.
51		-	q.Tank used to fuel or service rail locomotives, rail equipment, or coal mining equipment.
	81	+	q.Tank used to fuel or service rail locomotives, rail equipment, or coal mining
	82	+	equipment.
52	83		r.Portable tank.
53		-	s.Tank under subdivision d or l of subsection 13 of section 23.1 - 12 - 02, unless the owner or
54		-	operator registers the tank and is eligible for reimbursement under the petroleum release
55		-	compensation fund.
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	115	+	s.Tank under subdivision d or l of subsection 13 of section 23.1 - 12 - 02, unless the
	116	+	owner or operator registers the tank and is eligible for reimbursement under the
	117	+	petroleum release compensation fund.
56	118		2."Department" means the department of environmental quality.
57		-	3."Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any
58		-	solid waste or hazardous waste into or on any land or water so the solid waste or hazardous
59		-	waste or any hazardous constituent of the waste may enter the environment or be emitted into
60		-	the air or discharged into any waters, including ground water.
61		-	4."Electric energy conversion facility" means a plant, addition, or combination of a plant and
62		-	addition, designed for or capable of wind energy generation, or any means of energy
63		-	generation, and the plant associated facilities.
64		-	5."Electric transmission related facility" means an electric transmission line and associated
65		-	facilities designed for transmission of generated electricity, or a facility used for utility - scale
66		-	storage of electricity and connected or adjacent to an electric transmission facility or facility
67		-	controlled by or serving a utility with electric energy transmission, and distribution equipment
68		-	and materials.
69		-	6."Facility" means all contiguous land and structures, other appurtenances, and improvements
70		-	on the land used for storing a regulated substance. A facility may consist of several contiguous
71		-	storage or operational units.
72		-	7."Midstream facility" means a facility that receives petroleum products by pipeline or by truck.
73		-	The term does not include a retailer or end user.
74		-	8."Operator" means a person in control of, or having responsibility for, the daily operation of an
75		-	aboveground storage tank.
	119	+	3."Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
	120	+	placing of any solid waste or hazardous waste into or on any land or water so the solid
	121	+	waste or hazardous waste or any hazardous constituent of the waste may enter the
	122	+	environment or be emitted into the air or discharged into any waters, including ground
	123	+	water.
	124	+	4."Electric energy conversion facility" means a plant, addition, or combination of a plant
	125	+	and addition, designed for or capable of wind energy generation, or any means of
	126	+	energy generation, and the plant associated facilities.
	127	+	5."Electric transmission related facility" means an electric transmission line and
	128	+	associated facilities designed for transmission of generated electricity, or a facility
	129	+	used for utility - scale storage of electricity and connected or adjacent to an electric
	130	+	transmission facility or facility controlled by or serving a utility with electric energy
	131	+	transmission, and distribution equipment and materials.
	132	+	6."Facility" means all contiguous land and structures, other appurtenances, and
	133	+	improvements on the land used for storing a regulated substance. A facility may
	134	+	consist of several contiguous storage or operational units.
	135	+	7."Midstream facility" means a facility that receives petroleum products by pipeline or by
	136	+	truck. The term does not include a retailer or end user.
	137	+	8."Operator" means a person in control of, or having responsibility for, the daily
	138	+	operation of an aboveground storage tank.
76	139		9."Owner" means a person who holds title to, controls, or possesses an interest in the
77	140		aboveground storage tank.
78		-	10."Petroleum" means: ~~H. B. NO. 1058 - PAGE 3~~
	141	+	10."Petroleum" means:
79	142		a.Gasoline or petroleum products as defined in chapter 23.1 - 13;
80	143		b.Constituents of gasoline or fuel oil under subdivision a; and
81	144		c.Oil sludge and oil refuse.
82		-	11."Portable tank" means a storage tank and storage tank piping or wiring that is not stationary or
83		-	affixed, including a tank on skids.
84		-	12."Refined petroleum products" means gasoline, kerosene, heating oils, diesel fuels, and other
85		-	compounds as defined by the department.
86		-	13."Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing
87		-	from an aboveground storage tank into the environment, including ground water, surface
88		-	water, or subsurface soils.
89		-	14."Terminal" means a refined petroleum product storage and distribution facility that is supplied
90		-	directly by pipeline and from which the refined petroleum product may be removed from the
91		-	rack.
92		-	15."Utility" means a person engaged in and controlling electric generation, transmission of
93		-	electric energy, or the transmission of water from or to any electric energy conversion facility.
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	177	+	11."Portable tank" means a storage tank and storage tank piping or wiring that is not
	178	+	stationary or affixed, including a tank on skids.
	179	+	12."Refined petroleum products" means gasoline, kerosene, heating oils, diesel fuels,
	180	+	and other compounds as defined by the department.
	181	+	13."Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or
	182	+	disposing from an aboveground storage tank into the environment, including ground
	183	+	water, surface water, or subsurface soils.
	184	+	14."Terminal" means a refined petroleum product storage and distribution facility that is
	185	+	supplied directly by pipeline and from which the refined petroleum product may be
	186	+	removed from the rack.
	187	+	15."Utility" means a person engaged in and controlling electric generation, transmission
	188	+	of electric energy, or the transmission of water from or to any electric energy
	189	+	conversion facility.
94	190		Powers and duties of the department.
95	191		The department shall:
96	192		1.Administer and enforce this chapter.
97	193		2.Administer aboveground storage tank programs under this chapter.
98	194		3.Adopt, modify, repeal, and enforce rules governing the aboveground storage tanks.
99		-	4.Enter agreements with other local, state, or federal agencies regarding responsibilities ~~for~~
100		-	regulating aboveground storage tanks to promote consistency in enforcement and ~~avoid~~
101		-	duplication in regulation.
	195	+	4.Enter agreements with other local, state, or federal agencies regarding responsibilities
	196	+	for regulating aboveground storage tanks to promote consistency in enforcement and
	197	+	avoid duplication in regulation.
102	198		Aboveground storage tank regulations.
103	199		The department shall adopt rules:
104		-	1.For maintaining a leak detection method or combination of methods designed to identify
105		-	releases in a manner consistent with the protection of human health and the environment.
	200	+	1.For maintaining a leak detection method or combination of methods designed to
	201	+	identify releases in a manner consistent with the protection of human health and the
	202	+	environment.
106	203		2.For maintaining records of any monitoring of a leak detection system, inventory control
107	204		system, or tank testing system.
108		-	3.For reporting of any releases and corrective action taken in response to a release from an
109		-	aboveground storage tank.
110		-	4.For taking corrective action in response to a release from an aboveground storage tank.
111		-	5.For the closure of an aboveground storage tank to prevent a release of regulated substances
112		-	into the environment.
	205	+	3.For reporting of any releases and corrective action taken in response to a release from
	206	+	an aboveground storage tank.
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	239	+	4.For taking corrective action in response to a release from an aboveground storage
	240	+	tank.
	241	+	5.For the closure of an aboveground storage tank to prevent a release of regulated
	242	+	substances into the environment.
113	243		6.For designation of an aboveground tank as ineligible for delivery.
114	244		7.For maintaining evidence of financial responsibility for taking corrective action and
115		-	compensating third parties for bodily injury and property damage caused by sudden and
116		-	nonsudden accidental releases arising from operating an aboveground storage tank. H. B. NO. 1058 - PAGE 4
117		-	8.Establishing standards for construction and performance of new aboveground storage tanks.
118		-	9.For notifying the department or designated local agency of the existence of any operational or
119		-	nonoperational aboveground storage tank.
	245	+	compensating third parties for bodily injury and property damage caused by sudden
	246	+	and nonsudden accidental releases arising from operating an aboveground storage
	247	+	tank.
	248	+	8.Establishing standards for construction and performance of new aboveground storage
	249	+	tanks.
	250	+	9.For notifying the department or designated local agency of the existence of any
	251	+	operational or nonoperational aboveground storage tank.
120	252		10.For a permit fee system to own, install, or operate an aboveground storage tank.
121	253		Fees - Deposit in operating fund.
122		-	The department by rule may provide for the payment and collection of reasonable fees for ~~the~~
123		-	issuance of permits for registering, licensing, or permitting aboveground storage tanks. The ~~permit fees~~
124		-	must be based on the anticipated cost of filing and processing the application, ~~taking action on the~~
125		-	requested permit, and conducting a monitoring and inspection program to ~~determine compliance or~~
126		-	noncompliance with the permit. Any moneys collected for permit ~~licensing fees must be deposited in the~~
127		-	department operating fund in the state treasury and any ~~expenditure from the fund is subject to~~
128		-	appropriation by the legislative assembly.
	254	+	The department by rule may provide for the payment and collection of reasonable fees for
	255	+	the issuance of permits for registering, licensing, or permitting aboveground storage tanks. The
	256	+	permit fees must be based on the anticipated cost of filing and processing the application,
	257	+	taking action on the requested permit, and conducting a monitoring and inspection program to
	258	+	determine compliance or noncompliance with the permit. Any moneys collected for permit
	259	+	licensing fees must be deposited in the department operating fund in the state treasury and any
	260	+	expenditure from the fund is subject to appropriation by the legislative assembly.
129	261		Inspections - Right of entry.
130		-	To develop or enforce any rule authorized by this chapter or enforce a requirement of this ~~chapter,~~
131		-	any duly authorized representative or employee of the department may, upon ~~presentation of~~
132		-	appropriate credentials, at any reasonable time:
	262	+	To develop or enforce any rule authorized by this chapter or enforce a requirement of this
	263	+	chapter, any duly authorized representative or employee of the department may, upon
	264	+	presentation of appropriate credentials, at any reasonable time:
133	265		1.Enter any place, facility, or site at which an aboveground storage tank is located.
134		-	2.Inspect and obtain samples of any substance the department has reason to believe may be
135		-	regulated by this chapter.
136		-	3.Inspect and copy any records, reports, information, or test results relating to the purposes of
137		-	this chapter.
	266	+	2.Inspect and obtain samples of any substance the department has reason to believe
	267	+	may be regulated by this chapter.
	268	+	3.Inspect and copy any records, reports, information, or test results relating to the
	269	+	purposes of this chapter.
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138	303		Imminent hazard.
139		-	Upon receipt of information that a release from an aboveground storage tank may present an
140		-	imminent and substantial endangerment to health or the environment, the department may ~~take~~
141		-	emergency action as necessary to protect health or the environment.
	304	+	Upon receipt of information that a release from an aboveground storage tank may present
	305	+	an imminent and substantial endangerment to health or the environment, the department may
	306	+	take emergency action as necessary to protect health or the environment.
142	307		Enforcement penalties.
143		-	1.If the department finds a person is in violation of a permit, rule, standard, or ~~requirement of~~
144		-	this chapter, the department may issue an order requiring the person to ~~comply with the~~
145		-	permit, rule, standard, or requirement, and the department may bring ~~an action for a civil~~
146		-	penalty, including an action for injunctive relief. An action under this ~~chapter must be brought~~
147		-	in the district court for the county in which the violation ~~occurred or in which the party in~~
148		-	violation has the party's residence or principal office.
149		-	2.A person that violates a provision of this chapter or any rule, standard, or permit ~~condition~~
150		-	adopted under this chapter is subject to a civil penalty not to exceed twelve ~~thousand five~~
151		-	hundred dollars per day of violation. Each day of noncompliance ~~constitutes a separate~~
152		-	violation for purposes of penalty assessments.
153		-	3.A person that knowingly makes a false statement or representation in documentation ~~required~~
154		-	by this chapter is subject to a civil penalty not to exceed twelve thousand five ~~hundred dollars~~
155		-	per violation.
156		-	4.An administrative action brought under this chapter must be conducted in accordance ~~with~~
157		-	chapter 28 - 32. ~~H. B. NO. 1058 - PAGE 5~~
158		-	SECTION 2. AMENDMENT. Section 23.1-12-02 of the North Dakota Century Code is ~~amended and~~
159		-	reenacted as follows:
	308	+	1.If the department finds a person is in violation of a permit, rule, standard, or
	309	+	requirement of this chapter, the department may issue an order requiring the person to
	310	+	comply with the permit, rule, standard, or requirement, and the department may bring
	311	+	an action for a civil penalty, including an action for injunctive relief. An action under this
	312	+	chapter must be brought in the district court for the county in which the violation
	313	+	occurred or in which the party in violation has the party's residence or principal office.
	314	+	2.A person that violates a provision of this chapter or any rule, standard, or permit
	315	+	condition adopted under this chapter is subject to a civil penalty not to exceed twelve
	316	+	thousand five hundred dollars per day of violation. Each day of noncompliance
	317	+	constitutes a separate violation for purposes of penalty assessments.
	318	+	3.A person that knowingly makes a false statement or representation in documentation
	319	+	required by this chapter is subject to a civil penalty not to exceed twelve thousand five
	320	+	hundred dollars per violation.
	321	+	4.An administrative action brought under this chapter must be conducted in accordance
	322	+	with chapter 28 - 32.
	323	+	SECTION 2. AMENDMENT. Section 23.1-12-02 of the North Dakota Century Code is
	324	+	amended and reenacted as follows:
160	325		23.1-12-02. Definitions.
161	326		As used in this chapter, unless the context otherwise requires:
162		-	1."Actually incurred" means, in the case of corrective action expenditures, the owner, operator,
163		-	landowner, an insurer, or a contractor hired by the owner, operator, or the landlord has
164		-	expended time and materials, and only that person is receiving reimbursement from the fund.
	327	+	1."Actually incurred" means, in the case of corrective action expenditures, the owner,
	328	+	operator, landowner, an insurer, or a contractor hired by the owner, operator, or the
	329	+	landlord has expended time and materials, and only that person is receiving
	330	+	reimbursement from the fund.
165	331		2."Board" means the petroleum release compensation board.
166	332		3."Corrective action" means an action required by the department to minimize, contain,
167		-	eliminate, remediate, mitigate, or clean up a release, including any remedial emergency
168		-	measures. The term does not include the repair or replacement of equipment or
169		-	preconstructed property.
170		-	4."Dealer" means a person licensed by the tax commissioner to sell motor vehicle fuel or special
171		-	fuels within the state.
	333	+	eliminate, remediate, mitigate, or clean up a release, including any remedial
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	367	+	emergency measures. The term does not include the repair or replacement of
	368	+	equipment or preconstructed property.
	369	+	4."Dealer" means a person licensed by the tax commissioner to sell motor vehicle fuel or
	370	+	special fuels within the state.
172	371		5."Department" means the department of environmental quality.
173		-	6."Electric energy conversion facility" means a plant, addition, or combination of a plant ~~and~~
174		-	addition, designed for or capable of wind energy generation, or any means of ~~energy~~
175		-	generation, and the plant associated facilities.
176		-	7."Electric transmission related facility" means an electric transmission line and ~~associated~~
177		-	facilities designed for transmission of generated electricity, or a facility ~~used for utility - scale~~
178		-	storage of electricity and connected or adjacent to an electric ~~transmission facility or facility~~
179		-	controlled by or serving a utility with electric energy ~~transmission, and distribution equipment~~
180		-	and materials.
	372	+	6."Electric energy conversion facility" means a plant, addition, or combination of a plant
	373	+	and addition, designed for or capable of wind energy generation, or any means of
	374	+	energy generation, and the plant associated facilities.
	375	+	7."Electric transmission related facility" means an electric transmission line and
	376	+	associated facilities designed for transmission of generated electricity, or a facility
	377	+	used for utility - scale storage of electricity and connected or adjacent to an electric
	378	+	transmission facility or facility controlled by or serving a utility with electric energy
	379	+	transmission, and distribution equipment and materials.
181	380		8."Fund" means the petroleum release compensation fund.
182		-	7.9."Location" means a physical address or site that has contiguous properties. ~~Noncontiguous~~
183		-	properties within a municipality or other governmental jurisdiction are ~~considered separate~~
184		-	locations.
185		-	10."Midstream facility" means a facility that receives petroleum products by pipeline or by ~~truck.~~
186		-	The term does not include a retailer or end user.
187		-	8.11."Operator" means a person in control of, or having responsibility for, the daily ~~operation of a~~
188		-	tank under this chapter.
189		-	9.12."Owner" means a person who holds title to, controls, or possesses an interest in the ~~tank~~
190		-	before the discontinuation of its use.
	381	+	7.9."Location" means a physical address or site that has contiguous properties.
	382	+	Noncontiguous properties within a municipality or other governmental jurisdiction are
	383	+	considered separate locations.
	384	+	10."Midstream facility" means a facility that receives petroleum products by pipeline or by
	385	+	truck. The term does not include a retailer or end user.
	386	+	8.11."Operator" means a person in control of, or having responsibility for, the daily
	387	+	operation of a tank under this chapter.
	388	+	9.12."Owner" means a person who holds title to, controls, or possesses an interest in the
	389	+	tank before the discontinuation of its use.
191	390		10.13."Petroleum" means any of the following:
192	391		a.Gasoline and petroleum products as defined in chapter 23.1-13.
193	392		b.Constituents of gasoline and fuel oil under subdivision a.
194	393		c.Oil sludge and oil refuse.
195		-	11.14."Portable tank" means a storage tank along with its piping and wiring that is not stationary or
196		-	affixed, including a tank that is on skids. H. B. NO. 1058 - PAGE 6
197		-	12.15."Release" means any unintentional spilling, leaking, emitting, discharging, escaping, leaching,
198		-	or disposing of petroleum from a tank into the environment whether occurring before or after
199		-	the effective date of this chapter, but does not include discharges or designed venting allowed
200		-	under federal or state law or under adopted rules.
201		-	13.16."Tank" means any one or a combination of containers, vessels, and enclosures, whether
202		-	aboveground or underground, including associated piping or appurtenances used to contain
203		-	an accumulation of petroleum, ethanol, or biodiesel. The term does not include:
	394	+	11.14."Portable tank" means a storage tank along with its piping and wiring that is not
	395	+	stationary or affixed, including a tank that is on skids.
	396	+	12.15."Release" means any unintentional spilling, leaking, emitting, discharging, escaping,
	397	+	leaching, or disposing of petroleum from a tank into the environment whether
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	431	+	occurring before or after the effective date of this chapter, but does not include
	432	+	discharges or designed venting allowed under federal or state law or under adopted
	433	+	rules.
	434	+	13.16."Tank" means any one or a combination of containers, vessels, and enclosures,
	435	+	whether aboveground or underground, including associated piping or appurtenances
	436	+	used to contain an accumulation of petroleum, ethanol, or biodiesel. The term does
	437	+	not include:
204	438		a.Tanks owned by the federal government.
205	439		b.Tanks used for the transportation of petroleum.
206	440		c.A pipeline facility, including gathering lines and breakout tanks:
207	441		(1)Regulated under the Natural Gas Pipeline Safety Act of 1968.
208	442		(2)Regulated under the Hazardous Liquid Pipeline Safety Act of 1979.
209		-	(3)Regulated under state laws comparable to the provisions of law in ~~paragraph 1 or 2,~~
210		-	if the facility is an interstate pipeline facility.
	443	+	(3)Regulated under state laws comparable to the provisions of law in
	444	+	paragraph 1 or 2, if the facility is an interstate pipeline facility.
211	445		(4)Regulated under title 49, Code of Federal Regulations, part 195.
212		-	d.An underground farm or residential tank with a capacity of one thousand one hundred
213		-	gallons [4163.94 liters] or less or an aboveground farm or residential tank of any capacity
214		-	used for storing motor fuel for noncommercial purposes. However, the owner of an
215		-	aboveground farm or residential tank may, upon application, register the tank and be
216		-	eligible for reimbursement under this chapter.
217		-	e.A tank used for storing heating oil for consumptive use on the premises where stored.
	446	+	d.An underground farm or residential tank with a capacity of one thousand one
	447	+	hundred gallons [4163.94 liters] or less or an aboveground farm or residential
	448	+	tank of any capacity used for storing motor fuel for noncommercial purposes.
	449	+	However, the owner of an aboveground farm or residential tank may, upon
	450	+	application, register the tank and be eligible for reimbursement under this
	451	+	chapter.
	452	+	e.A tank used for storing heating oil for consumptive use on the premises where
	453	+	stored.
218	454		f.A surface impoundment, pit, pond, or lagoon, storm water collection system, or
219	455		wastewater collection system.
220	456		g.A flowthrough process tank or vapor recovery unit tank.
221		-	h.A tank, liquid trap, or associated gathering lines directly related to oil or gas, or other
222		-	facility associated with the exploration, development, or production or gathering
223		-	operationsof oil, gas, or geothermal resources under title 38.
	457	+	h.A tank, liquid trap, or associated gathering lines directly related to oil or gas, or
	458	+	other facility associated with the exploration, development, or production or
	459	+	gathering operationsof oil, gas, or geothermal resources under title 38.
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224	491		i.A storage tank situated in an underground area such as a basement, cellar, mine
225		-	working, drift, shaft, or tunnel, if the storage tank is situated upon or above the ~~surface of~~
226		-	the floor.
	492	+	working, drift, shaft, or tunnel, if the storage tank is situated upon or above the
	493	+	surface of the floor.
227	494		j.A tank used for the storage of propane.
228		-	k.A tank used to fuel or service rail locomotives, rail equipment, or surface coal ~~mining~~
229		-	equipment.
230		-	l.An aboveground tank used to feed diesel fuel generators. Upon application, the ~~owner or~~
231		-	operator of an aboveground tank used to feed diesel fuel generators ~~may register the~~
232		-	tank and is eligible for reimbursement under this chapter.
	495	+	k.A tank used to fuel or service rail locomotives, rail equipment, or surface coal
	496	+	mining equipment.
	497	+	l.An aboveground tank used to feed diesel fuel generators. Upon application, the
	498	+	owner or operator of an aboveground tank used to feed diesel fuel generators
	499	+	may register the tank and is eligible for reimbursement under this chapter.
233	500		m.A portable tank.
234		-	n.A tank with a capacity under one thousand three hundred twenty gallons ~~[4996.728 liters]~~
235		-	used to store lubricating oil. ~~H. B. NO. 1058 - PAGE 7~~
236		-	o.A tank used to store ethanol or biodiesel for wholesale purposes with a capacity of
237		-	greater than twenty thousand gallons [75708.24 liters].
238		-	p.A tank that is located at or is part of a terminal, midstream facility, petrochemical ~~plant,~~
239		-	syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric ~~energy~~
240		-	conversion facility, or electric transmission related facility, including ~~associated~~
241		-	transloading facility.
	501	+	n.A tank with a capacity under one thousand three hundred twenty gallons
	502	+	[4996.728 liters] used to store lubricating oil.
	503	+	o.A tank used to store ethanol or biodiesel for wholesale purposes with a capacity
	504	+	of greater than twenty thousand gallons [75708.24 liters].
	505	+	p.A tank that is located at or is part of a terminal, midstream facility, petrochemical
	506	+	plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric
	507	+	energy conversion facility, or electric transmission related facility, including
	508	+	associated transloading facility.
242	509		q.An asphalt tank.
243	510		r.A septic tank.
244		-	14.17."Tank integrity test" means a test to determine that a tank is sound and not leaking. For an
245		-	underground tank, the term means a certified third-party test that meets environmental
246		-	protection agency leak detection requirements. For an aboveground tank, the term means a
247		-	test conducted according to steel tank institute SP 001 or American petroleum institute 653.
248		-	18."Terminal" means a refined petroleum product storage and distribution facility that is supplied
249		-	directly by pipeline and from which the refined petroleum product may be removed from the
250		-	rack.
251		-	15.19."Third party" means a person who is damaged by the act of a registered owner, operator, or
252		-	dealer requiring corrective action, or a person who suffers bodily injury or property damage
253		-	caused by a petroleum release.
254		-	20."Utility" means a person engaged in and controlling electric generation, the transmission of
255		-	electric energy, or the transmission of water from or to any electric energy conversion facility.
256		-	SECTION 3. AMENDMENT. Subsection 7 of section 23.1-12-17 of the North Dakota Century Code
257		-	is amended and reenacted as follows:
258		-	7.If a registration payment is not received within sixty days of July firstthe date required under
259		-	rules adopted by the department, a late fee of twenty-five dollars per tank per month must be
260		-	imposed on the tank owner or operator. H. B. NO. 1058 - PAGE 8
261		-	____________________________ ____________________________
262		-	Speaker of the House President of the Senate
263		-	____________________________ ____________________________
264		-	Chief Clerk of the House Secretary of the Senate
265		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
266		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1058.
267		-	House Vote: Yeas 66 Nays 24 Absent 4
268		-	Senate Vote:Yeas 45 Nays 1 Absent 1
269		-	____________________________
270		-	Chief Clerk of the House
271		-	Received by the Governor at ________M. on _____________________________________, 2025.
272		-	Approved at ________M. on __________________________________________________, 2025.
273		-	____________________________
274		-	Governor
275		-	Filed in this office this ___________day of _______________________________________, 2025,
276		-	at ________ o’clock ________M.
277		-	____________________________
278		-	Secretary of State
	511	+	14.17."Tank integrity test" means a test to determine that a tank is sound and not leaking.
	512	+	For an underground tank, the term means a certified third-party test that meets
	513	+	environmental protection agency leak detection requirements. For an aboveground
	514	+	tank, the term means a test conducted according to steel tank institute SP 001 or
	515	+	American petroleum institute 653.
	516	+	18."Terminal" means a refined petroleum product storage and distribution facility that is
	517	+	supplied directly by pipeline and from which the refined petroleum product may be
	518	+	removed from the rack.
	519	+	15.19."Third party" means a person who is damaged by the act of a registered owner,
	520	+	operator, or dealer requiring corrective action, or a person who suffers bodily injury or
	521	+	property damage caused by a petroleum release.
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	555	+	20."Utility" means a person engaged in and controlling electric generation, the
	556	+	transmission of electric energy, or the transmission of water from or to any electric
	557	+	energy conversion facility.
	558	+	SECTION 3. AMENDMENT. Subsection 7 of section 23.1-12-17 of the North Dakota
	559	+	Century Code is amended and reenacted as follows:
	560	+	7.If a registration payment is not received within sixty days of July firstthe date required
	561	+	under rules adopted by the department, a late fee of twenty-five dollars per tank per
	562	+	month must be imposed on the tank owner or operator.
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