8 CAR § 80-110. Delivery prohibition

(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality as ineligible for fuel delivery or deposit. (b)(1) To prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division as ineligible, a tamper-proof red tag shall be affixed to the fill pipe of the ineligible underground storage tank. (2) This affixed red tag shall serve as written notification to the owner, operator, and the product delivery industry of the prohibition of delivery to the tank system. (c) An owner or operator shall not receive any regulated substance into any underground storage tank to which notification of delivery prohibition (red tag) has been affixed. (d) A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition (red tag) has been affixed. (e) It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a red tag affixed to any underground storage tank by division personnel. (f)(1) Under this section, a red tag shall immediately be affixed upon finding by the division of any of the following: (A) Required spill prevention equipment is not present; (B) Required overfill protection equipment is not present; (C) Required release detection equipment is not present; or (D) Required corrosion protection equipment is not present. (2) The division, in its sole discretion, may delay the affixing of a red tag to an underground storage tank for up to one hundred eighty (180) days upon determination that: (A) No urgent threat to public health exists; and (B) The action would jeopardize the availability of, or access to, fuel for the local community. (g) Under this section, a red tag shall be affixed to an underground storage tank upon finding by the division of any of the following if the owner or operator has been provided a written notice of noncompliance and the owner or operator has failed to comply within the timeframe given in the notice: (1) Failure to properly operate or maintain release detection equipment; (2) Failure to properly operate or maintain spill, overfill, or corrosion protection equipment; or (3) Failure to maintain financial responsibility. (h)(1) For an owner or operator of an underground storage tank that has been red tagged to have the tank reclassified by the division as eligible to receive delivery of a regulated substance, he or she must provide a written statement to the division that the deficiencies listed in the notice of noncompliance have been corrected. (2) The division will determine whether the deficiencies have been corrected as soon as practicable, but within five (5) business days after receipt of the owner’s written statement of compliance. (3) Upon verification of compliance, division personnel will remove the red tag.