12-13-5. Rules and regulations; enforcement powers.

In the performance of its duties, the board shall have and may exercise the power to:

Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this chapter as the board may deem necessary to provide for the management of regulated substances stored in underground tanks to protect the environment and health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this chapter. The rules and regulations shall include all requirements necessary for consistency with applicable federal law and federal regulations and shall include, but shall not be limited to, the following:#

1. (A)

   Standards and control measures applicable to underground storage tanks and owners or operators of underground storage tanks. These standards and control measures may include, but are not limited to:#

   1. (i)

      Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;#

   2. (ii)

      Requirements for maintaining records of any monitoring or leak detection system or inventory controls or inventory control system or tank testing or comparable system;#

   3. (iii)

      Requirements for reporting of any releases and corrective actions taken in response to a release from an underground storage tank; and#

   4. (iv)

      Requirements for notification regarding the existence of operational or nonoperational underground storage tanks;#

2. (B)

   Requirements for maintaining evidence of financial responsibility consistent with applicable federal law and federal regulation; and#

3. (C)

   Performance standards for underground storage tanks brought into use on or after the effective date of such standards. The performance standards for new underground storage tanks shall include, but are not limited to, design, construction, installation, release detection, and compatibility standards; and#

Take all necessary steps to ensure the effective enforcement of this chapter.#