Section 18 AAC 78.018 - Acceptance prohibitions(a) An owner or operator of a UST may not accept the delivery or deposit of petroleum, and the department will identify that UST as ineligible for purposes of 42 U.S.C. 6991 k, if (1) the department determines that the spill prevention equipment, overfill protection equipment, leak detection, or corrosion protection equipment is not installed or is not being operated or maintained in accordance with this chapter;(2) financial responsibility is not maintained in accordance with 18 AAC 78.910;(3) the department has determined the UST to be a substandard UST under 18 AAC 78.059(h), the owner or operator has not made repairs as required under 18 AAC 78.059(h), and a temporary deferral of the prohibition on the acceptance, delivery, or deposit of petroleum has not been granted under 18 AAC 78.059 and (c) of this section or has expired; or(4) the owner or operator fails to display a valid tag, decal, or notice as required under 18 AAC 78.015.(b) If the department determines a UST to be subject to the prohibition under (a) of this section, the department will, no later than three working days after making the determination, (1) notify the owner or operator in writing; and(2) to assist persons in complying with 42 U.S.C. 6991 k, post that UST to the department's list, maintained on the department's website, of USTs without valid tags, decals, or notices required under 18 AAC 78.015(a).(c) If a prohibition under (a) of this section would jeopardize the availability of or access to motor fuel in remote and rural areas, or jeopardize the availability of or access to heating if the UST is supplying a boiler or an emergency power generator, the department may defer, upon written request by the owner, the prohibition for a period of no more than 180 days after the determination under (a) of this section is made.(d) The department will withdraw a prohibition under (a) of this section upon receiving written documentation, satisfactory to the department, that (1) the condition that caused the prohibition to be put into place has been repaired in accordance with 18 AAC 78.055; and(2) the UST now meets the requirements of 18 AAC 78.040 - 18 AAC 78.055, 18 AAC 78.060 - 18 AAC 78.072, and 18 AAC 78.910.(e) If it withdraws a prohibition under (d) of this section, the department will, no later than three working days after the date of withdrawal, (1) notify the owner or operator in writing; and(2) remove the UST from the list maintained under (b)(2) of this section.Eff. 7/25/2012, Register 203; am 7/19/2013, Register 207; am 9/27/2018,Register 227, October 2018The list described in 18 AAC 78.018 of USTs without valid tags, decals, or notices is available at the department's Anchorage office or on the department's website at the following Internet address: http://dec.alaska.gov/spar/ipp/ust/search/folhome.htm.
Authority:AS 46.03.020
AS 46.03.365
AS 46.03.405