Ala. Admin. Code r. 335-6-15-.45

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-6-15-.45 - Delivery Prohibition

The Department will implement Delivery Prohibition in accordance with the following procedures:

(a) Prior to placing an underground storage tank facility under delivery prohibition, the Department will:

1. Make a reasonable effort to notify the owner and/or operator in writing that an underground storage tank facility is in "significant noncompliance requiring delivery prohibition" as defined in rule 335-6-15-.02 (uuu), or "significant noncompliance subject to delivery prohibition" as defined in rule 335-6-15-.02(vvv).

2. Give the owner or operator the opportunity to discuss, within a designated time period specified by the Department, the significant noncompliance.

(b) If the above time period expires without resolution of the significant noncompliance, the underground storage tank facility will be placed on the Department web site "Delivery Prohibition List" by 12:00 a.m. central time on Wednesday of the week that a delivery prohibition determination is made by the Department. The Department will physically affix a red tag on the fill pipes to underground storage tanks at the underground storage tank facility. The delivery prohibition becomes effective immediately to all UST systems at the facility upon placement of the red tag(s). Once the red tag is affixed on the fill pipe, it shall be unlawful to tamper with or remove it until authorized by the Department.

(c) Upon implementation of delivery prohibition as described in subparagraph (b) above, it shall be unlawful for any regulated substance deliverer to deliver a regulated substance, and it shall be unlawful for owners and operators of UST systems to accept delivery of a regulated substance to an underground storage tank facility that is under delivery prohibition.

(d) When the Department has received all documentation required by the Department to demonstrate that the underground storage tank facility has returned to compliance:

1. The underground storage tank facility will become eligible to receive delivery of regulated substances following written notification by the Department. Written notification may be provided electronically or by facsimile; and

2. The Department shall remove the underground storage tank facility from the Department web site "Delivery Prohibition List" as soon as practical after receipt of the necessary documentation.

(e) Based on the best interest of the public, the Department may defer the implementation of delivery prohibition for up to 180 days for underground storage tank facilities identified as being in significant noncompliance requiring delivery prohibition. Also, the Department retains the right to remove any delivery prohibition at any time during an emergency situation.

Ala. Admin. Code r. 335-6-15-.45

New Rule: Filed March 21, 2008; effective April 25, 2008. Amended: Filed October 20, 2009; effective November 24, 2009. Amended: Filed December 12, 2011; effective January 16, 2012. Amended: Filed February 25, 2014; effective April 1, 2014.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 12/8/2017.

Authors: Sonja Massey, Curt Johnson, Lee Davis

Statutory Authority:Code of Ala. 1975, § 22-36-3.