(1) Eligible storage tanks are those tanks that meet all of the following criteria: (a) Appropriate fees required in section 41-4909 , Idaho Code, or section 41-4911A , Idaho Code, have been paid; (b) The tank, if an underground storage tank, is in compliance with applicable federal and state underground storage tank rules and regulations; (c) The tank is used only for storage of petroleum products; (d) The tank, if an underground storage tank, passes a tank tightness test; (e) The tank, if an aboveground storage tank, is in compliance with state and federal rules and regulations including the international fire code. If an aboveground tank is exempt from state or federal rules and regulations and/or the international fire code by virtue of its being installed prior to the effective date of such rules and regulations or the international fire code, such tank is not eligible unless it passes a tank tightness test; (f) The tank, if a farm tank or residential tank, is in compliance with any applicable state or federal rules and regulations; (g) Any contamination caused by or released by or from the tank has been cleaned up, or a plan for cleanup or removal approved by the Idaho department of environmental quality, is being implemented; provided, however, that the trust fund shall not pay for any costs associated with prior contamination. (2) Any tank which is a part of a refiner's terminal or a tank directly supplied by a pipeline shall not be eligible.
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