R311-206-8. Delivery Prohibition

(1) In accordance with Subsections 19-6-411(7) and 19-6-407(2)(g)(ii), the director shall authorize the placement of a delivery prohibition tag identifying a tank: (a) for which the certificate of compliance has been revoked in accordance with Section 19-6-414; (b) for which the certificate of compliance has lapsed for non-payment of fees in accordance with Subsection 19-6-408(5); (c) that has never qualified for a certificate of compliance, and is not a new installation under Subsection R311-206-8(1)(d); or (d) that is a new installation, and has not been issued a certificate of compliance. (2) For USTs, in accordance with Subsection 19-6-403(1)(b)(i), the director shall authorize the placement of a delivery prohibition tag to be placed on the UST as soon as practicable after the determination is made that a tank does not have: (a) spill prevention equipment required under 40 CFR 280.20(c) or 280.21(d); (b) overfill prevention equipment required under 40 CFR 280.20(c) or 280.21(d); (c) equipment required for tank or piping leak detection in accordance with 40 CFR 280 Subpart D; or (d) equipment required for tank or piping corrosion protection in accordance with 40 CFR 280 Subpart B or C. (3) For APSTs, out of service after May 5, 2021, the director shall authorize the placement of a delivery prohibition tag as soon as practicable. (4) For PSTs, the director shall authorize the placement of a delivery prohibition tag to be placed on the PST as soon as practicable after the determination that a release from a PST is ongoing. The determination may be made by: (a) failed tests as defined by "PST Testing" in R311-200-1(zz); or (b) visual presence, odors, inventory loss, or otherwise apparent contamination of environmental media. (5) The delivery prohibition tag shall be placed on the tank fill or in a visible location near the tank fill. (6) A person who delivers or accepts delivery of a regulated substance or petroleum into a tank marked with a delivery prohibition tag shall be subject to the penalties outlined in Section 19-6-416, unless authorized under Subsection R311-206-8(8). (7) The director may issue written approval for a delivery of petroleum to: (a) provide ballast for a new tank during installation, or (b) allow for the tank tightness test required under Section 19-6-413. (8) The delivery prohibition tag must remain in place until the director issues: (a) for tanks that have a tag in place in accordance with Subsection R311-206-8(1): (i) a new certificate of compliance for the tank; and (ii) written authorization to remove the delivery prohibition tag; or (b) for tanks that have a tag in place in accordance with Subsection R311-206-8(2): (i) written authorization to remove the delivery prohibition tag. (9) If a delivery prohibition tag is removed without the authorization specified in Subsection R311-206-8(8)(a)(ii) or R311-206-8(8)(b)(i), the PST owner or operator is subject to: (a) a re-inspection and any applicable fees; and (b) placement of a new delivery prohibition tag on the tank.