Delivery Prohibition

(1) The Department shall issue a delivery prohibition order to an Owner or Operator of a UST system after written notice to the Owner or Operator if one or more of the following conditions exist: (a) Failure to install spill prevention equipment in accordance with 310 CMR 80.21(1); (b) Failure to install overfill protection equipment in accordance with 310 CMR 80.21(2); (c) Failure to install leak detection equipment in accordance with 310 CMR 80.19; or (d) Failure to install corrosion protection equipment in accordance with 310 CMR 80.22. (2) Upon learning of any of the conditions in 310 CMR 80.48(1)(a) through (d), the Owner or Operator shall immediately, but in no event more than 24 hours after learning of the conditions in 310 CMR 80.48(1)(a) through (d), inform the Department of the violation. (3) The Department may issue a delivery prohibition order to an Owner or Operator of a UST system after written notice to the Owner or Operator if one or more of the following conditions exist: (a) Spill prevention is not operating in accordance with 310 CMR 80.28(1) and (2); (b) Overfill protection is not operating in accordance with 310 CMR 80.28(1) and (3); (c) Leak detection equipment is not operating in accordance with 310 CMR 80.26; (d) Corrosion protection equipment is not operating in accordance with 310 CMR 80.29; (e) The Owner or Operator fail to demonstrate or maintain financial responsibility in accordance with 310 CMR 80.51 through 80.63; or (f) Any other violation of 310 CMR 80.00 that poses a significant threat to public health, safety or the environment, as determined by the Department at its sole discretion. (4) After written notice to the Owner or Operator, the delivery prohibition shall become effective immediately when the Department serves a written delivery prohibition order in accordance with 310 CMR 80.50(3) prohibiting the delivery of product to the UST system(s). The delivery prohibition order shall be issued no sooner than 24 hours after written notice to the Owner or Operator. (5) After the delivery prohibition order is served, the Department shall have the authority to lock the fill pipe and affix a red tag to the fill pipe of the UST system(s) that are subject to said order. (6) No person shall deliver, cause to be delivered, accept for delivery or cause to be accepted for delivery any regulated substance to a UST system that is subject to a delivery prohibition order that has been served and has a red tag affixed to the fill pipe. (7) No person shall remove, deface, alter or otherwise tamper with the lock or red tag affixed to a UST system or UST component, except in accordance with 310 CMR 80.48(10). (8) Upon notification from the Owner or Operator that the violations identified in the delivery prohibition order have been corrected, the Department shall, confirm that the violations have been corrected. (9) If the Department confirms that the violation(s) have been corrected, the Department shall terminate the delivery prohibition order in writing and remove the lock and red tag from the UST system. (10) In the event that the Department does not inspect a UST system within 24 hours after receipt of the notification from the Owner or Operator that the violation(s) identified in the delivery prohibition order have been corrected, a third-party inspector may remove the 'red tag' after providing a certification to the Department, in a format specified by the Department, that the violation(s) has been corrected. Both the Owner or Operator and the third-party inspector shall sign the certification prior to submission to the Department. (11) Notwithstanding a delivery prohibition order, the Department may authorize the delivery of product to a UST system that has received a delivery prohibition order in emergency situations, or for compliance testing purposes, as determined by the Department in its sole discretion. (12) Any person subject to a delivery prohibition order shall have the right to an adjudicatory appeal in accordance with 310 CMR 80.50. An adjudicatory appeal shall not stay the effectiveness of a delivery prohibition order. THIRD-PARTY INSPECTIONS