§ 17-1005. Leak detection.

1. a. The department shall promulgate rules and regulations to provide
for the early detection of leaks or potential leaks by owners and
operators.

b. Such rules and regulations shall provide for daily measurements and
inventory records for petroleum in each facility using a gauge, gauge
stick or automatic gauging system as well as product receipt and
disbursement records. The department may exempt facilities which are not
engaged in the resale of petroleum from the requirements of this
paragraph.

2. a. The department shall establish minimum standards and schedules
for testing and inspection of those portions of facilities which are
over ten years old. Such schedules shall be based on such factors as
inventory methods and electronic monitoring systems; facility age,
condition and construction type; soil conditions, location of facility
relative to water supplies and other environmental factors.

b. The department shall establish, by rule and regulation, criteria
whereby facilities are properly closed and thereby released from testing
and inspection requirements. The department may require the owner to
provide financial assurances to ensure that the facility is properly
closed. Any decision by the department with respect to requiring such
financial assurances and the methods or instruments which are to be used
shall be accompanied by a finding regarding the public interest and
shall set forth the reasons therefor.