SECTION 165:15-3-20. Water in storage tanks

(a)   Water in storage tanks in excess of Commission standards is prohibited. All underground storage tanks must be checked for water by the Fuel Specialist from time to time. However, water inspections by the Fuel Specialist does not remove the responsibility of the tank owner/operator that water levels in tanks do not exceed Commission standards, rules, and requirements.

(b)   Area surrounding fill pipe. The area surrounding the fill pipe to the storage tank must not contain any water. When water is present, the owner or operator is responsible for promptly removing the water. Upon the second notice of violation of this subsection, the owner or operator must make whatever system modifications are necessary to prevent water from entering the spill containment and may be subject to citation or formal enforcement action.

(c)   Fill pipe. All fill pipes to storage tanks must have watertight caps that must be securely fastened at all times, except when servicing the tank(s), for fuel deliveries, and inspections.

(d)   Water removal; repairs. When a Fuel Specialist checks a motor fuel storage tank at a retail outlet and finds water in it, it is the responsibility of the owner or operator of the retail outlet to completely remove the water and make necessary repairs to prevent any water intrusion to the storage tank. Water shall not exceed one inch (1") in depth when measured with water indicating paste or other acceptable means in any tank utilized in the storage of diesel, gasoline, gasoline-ether blends, and kerosene sold at retail. No water phase greater than one-fourth inch (1/4") as determined by an appropriate detection paste or other acceptable means is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, biodiesel blends, E85 fuel ethanol, aviation gasoline, and aviation turbine fuel. The owner or operator is required to find the source of the water including, but not limited to, excavating and replacing the product line(s) and/or the storage tank(s) as necessary. This must be done as quickly as possible. The Fuel Specialist or Compliance and Inspection Manager may be notified verbally or by written confirmation when the necessary repairs have been completed.

(e)   Water from dispensing nozzle. When a Fuel Specialist checks a retail outlet for water and finds water coming through the dispensing nozzle, it is the responsibility of the Fuel Specialist to immediately take the affected dispensing unit or units out of operation. The owner or operator is required to find the source of the water, including but not limited to, excavating and replacing the product lines and/or the storage tanks as necessary. The product dispensing units are to remain out of operation until the water intrusion problem(s) are corrected and permission to commence operation is given by the Fuel Specialist to the owner or operator.

[Source: Amended at 18 Ok Reg 1052, eff 5-11-01; Amended at 21 Ok Reg 2029, eff 7-1-04; Amended at 23 Ok Reg 1650, eff 7-1-06; Amended at 30 Ok Reg 583, eff 7-1-13; Amended at 32 Ok Reg 768, eff 8-27-15; Amended at 33 Ok Reg 594, eff 8-25-16; Amended at 35 Ok Reg 974, eff 10-1-18]