[Ord. No. 530 §1, 3-3-2003; Ord. No. 704-B §1, 2-20-2007]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person in control of or having responsibility for the
operation of an underground storage tank.
Any person who owns an underground storage tank in the City
on or after March 4, 2003. The term does not include any person who,
without participating in the operation of an underground storage tank
or not engaged in petroleum production, refining or marketing, holds
indicia of ownership solely to protect a security interest in or lien
on the underground storage tank or the property where the underground
storage tank is located.
Any one (1) or more vessels, including any pipes connected
thereto, used to contain an accumulation of petroleum products and
the volume of which, including the volume of the underground pipes
connected thereto, is ten percent (10%) or more beneath the surface
of the ground. Exemptions from this definition and the regulations
promulgated under this Section include:
An underground storage tank whose capacity is eleven hundred
(1,100) gallons or less and used for storing motor fuel for agricultural
purposes;
An underground storage tank used for storing heating oil for
consumptive use on the premises where stored;
Pipeline facilities regulated under State laws comparable to
the provisions of law referred to in paragraph (3) of this Subsection;
Liquid traps or associated gathering lines directly related
to oil or gas production and gathering operations; and
Storage tanks situated in an underground area, such as a basement,
cellar, mine-working, drift, shaft or tunnel, if the storage tank
is situated upon or above the surface of the floor.
[Ord. No. 530 §1, 3-3-2003; Ord. No. 704-B §§1 — 2, 2-20-2007]
A.
It
shall be unlawful for any owner or operator of an underground storage
tank to fail to properly close and remove the same within twelve (12)
months after cessation of its active use.
B.
If
the owner or operator fails to properly remove an underground storage
tank and all of its pumps, pipes and related equipment within twelve
(12) months after cessation of its active use, the City Administrator
shall have the authority to draw upon the Missouri Petroleum Storage
Tank Fund or comparable insurance carrier in order to effectuate the
proper removal and disposal of the underground storage tank and all
pumps, pipes and related equipment.
C.
An
owner or operator of an underground storage tank shall at all times
maintain insurance for such tank through the Missouri Petroleum Storage
Tank Fund or an insurance carrier acceptable to the City which provides
coverage for the costs of all cleanup resulting from any contamination
of the soil due to underground storage tank leakage.
D.
As
a condition of obtaining the annual business license required by the
City, the owner or operator as defined herein shall provide proof
of insurance under the Missouri Petroleum Storage Tank Fund or an
insurance carrier acceptable to the City which provides coverage for
the costs of all cleanup resulting from any contamination of the soil
due to underground storage tank leakage or shall provide a ten thousand
dollar ($10,000.00) bond or escrow in a manner satisfactory to the
City Administrator.
