Standards to be developed by department for all new tanks and for upgrading existing tanks — no tanks to be installed until standards established, exceptions

1. The department shall issue performance standards for underground storage tanks brought into use after August 28, 1989, and for upgrading existing underground storage tanks. The performance standards shall include, but shall not be limited to, design, construction, installation, piping, release detection, operation, and compatibility standards. 2. Until the standards promulgated by the department in subsection 1 of this section become effective, no person may install an underground storage tank for the purpose of storing or dispensing regulated substances unless: (1) The tank will prevent releases of the stored regulated substances due to corrosion or structural failure for the operational life of the tank; (2) The tank is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of the stored regulated substance; and (3) The tank has a* primary system of containment. The department may specify by rule the specific conditions and circumstances under which a secondary containment system may be required. 3. The operator shall ensure that the material used in the construction or lining of the tank is compatible with the substance to be stored.