| 5. Spill prevention and control. An aboveground oil storage |
| facility used in the marketing and distribution of oil to others |
| must be operated in compliance with the federal requirements for |
| the preparation and implementation of spill prevention control |
| and countermeasure plans under 40 Code of Federal Regulations, |
| 112 in effect on April 17, 2003. Failure to comply with those |
| federal requirements in accordance with the deadlines set by the |
| United States Environmental Protection Agency constitutes a |
| violation of this Title. If the department believes that a |
| facility's plan does not satisfy those federal requirements, the |
| department shall request an opinion from the United States |
| Environmental Protection Agency as to the legal adequacy of the |
| plan and any amendment necessary to bring the facility into |
| compliance with those federal requirements. The department shall |
| prepare educational and technical materials for use by facilities |
| affected by this subsection. The commissioner shall report to |
| the joint standing committee of the Legislature having |
| jurisdiction over natural resources matters by January 15, 2006 |
| and on that date every 2 years thereafter on activities |
undertaken by the department under this subsection. This |
subsection is repealed October 1, 2005. |
