New Zealand Gazette – 2004 – No. 35

Page 853

✨ Hazardous Substances Regulations

26 MARCH NEW ZEALAND GAZETTE 853

Part 8

Disused below ground stationary tanks

40 Disused tanks

(1) If a below ground stationary tank has ceased to store a hazardous substance, action must be taken in relation to the below ground stationary tank that complies with subclause (2).

(2) The action that must be taken is—

(a) the below ground stationary tank and pipes connected to it must be removed; or

(b) an action that—

(i) is approved by the Authority as ensuring that the tank and any pipes connected to it are not a hazard; or

(ii) complies with a code of practice approved by the Authority under section 79 of the Act for the purposes of this clause.

(3) When determining whether or not to approve an action under subclause (2)(b)(i), the Authority must have regard to—

(a) the hazards associated with any substance that may remain in the below ground stationary tank; and

(b) the likelihood and impact of any discharge of substance from the below ground stationary tank; and

(d) whether the location of the below ground stationary tank will store or use hazardous substances; and

(e) any other matter the Authority thinks fit.

(4) For the purposes of subclause (1), a below ground stationary tank has ceased to store a hazardous substance if the below ground stationary tank has not stored a hazardous substance for 3 months, unless the Authority is satisfied, on the basis of evidence provided by the person in charge of the stationary tank, that the tank has not ceased to be used.

Part 9

Fire fighting facilities

41 Fire fighting facilities

(1) This clause does not apply to an above ground stationary tank that is used to contain a class 3.1 substance and is designed and constructed in accordance with—

VUW Te Waharoa — NZ Gazette 2004, No 35

Gazette.govt.nz — NZ Gazette 2004, No 35

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✨ LLM interpretation of page content

🏥 Amendments to Hazardous Substances Regulations (continued from previous page)

Domain🏥 Health & Social Welfare
KeywordsRegulations, Hazardous Substances, Below Ground Tanks, Disused Tanks, Fire Fighting Facilities

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