(1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank: (a) (i) is a farm or residential tank with a capacity of 1,100 gallons or less and is used for storing motor fuel for noncommercial purposes; (ii) is used for storing heating oil for consumptive use on the premises where stored; or (iii) is used for any oxygenate blending component for motor fuels; (b) complies with the requirements of Section 19-6-412; (c) meets other requirements established by rules made under Section 19-6-403; and (d) pays registration and tank fees and environmental assurance fees, equivalent to those fees outlined in Sections 19-6-408, 19-6-410.5, and 19-6-411. (2) An aboveground petroleum storage tank excluded from the definition of aboveground petroleum storage tank under Section 19-6-402, may become eligible for payments from the Petroleum Storage Tank Fund if the owner or operator: (a) pays those fees that are equivalent to the registration and tank fees and environmental assurance fees under Sections 19-6-408, 19-6-410.5, and 19-6-411; (b) complies with the requirements of Section 19-6-412; and (c) meets other requirements established by rules made under Section 19-6-403.
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