Container, System, or Equipment Violations

PURPOSE: This rule sets out the procedure to govern the inspection authority’s actions in eliminating hazardous conditions which could result in serious property damage and loss of life. (1) Any container, system, or equipment that has been determined through inspection by the inspection authority to violate these regulations so as to constitute a substantial hazard or violation which makes the container, system, or equipment unsafe for continued operation shall be so identified by the inspection authority through a notice or tag affixed to the container. The container, system, or equipment upon which the tag has been affixed shall not be used, nor shall liquefied petroleum gas be placed in the container, system, or equipment. (2) Any container, system, or equipment that has been determined through inspection by the inspection authority to violate these rules and regulations but does not constitute an immediate hazard to life or property shall only be tagged if the defect or the violation is not corrected within five (5) days after written notification setting forth the violation or defect has been personally served upon or directed through the United States mail, certified mail, postage prepaid, returned receipt requested, to the owner, operator, or supplier of the container, system, or equipment. In the event the owner or supplier is not identified on the container, system, or equipment, notice to the occupant of the premises where the container, system, or equipment is located shall be deemed sufficient. (3) The tag or notice attached to the container, system, or equipment, shall be the property of the commission and only shall be removed when defect or violation has been corrected. The tag is to be removed promptly after receiving notice of correction. (4) Any underground container or system that is being maintained in violation of these rules so as to constitute a substantial hazard to public safety may be required to be removed for inspection by the inspection authority upon reasonable demand and notice. AUTHORITY: section 323.020, RSMo Supp. 2010.* Original rule filed July 13, 1977, effective Nov. 11, 1977. Amended: Filed June 13, 2011, effective Jan. 30, 2012. *Original authority: 323.020, RSMo 1947, amended 1994, 1998, 2005, 2007.