7 Del. Admin. Code § 1352-A-6.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1352-A-6.0 - Information Access

6.1 Department Authority to Obtain Information

6.1.1 For the purpose of developing or assisting in the development of a standard regulation or of enforcement of these Regulations, an Owner or Operator shall, upon the request of a duly designated officer or employee of the State designated by the Secretary of the Department, furnish information relating to the tank and/or its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the tank or its contents and to conduct monitoring or require remediation activities, pursuant to Title 7 Del.C. Ch. 74A,The Jeffrey Davis Aboveground Storage Tank Act, § 7406A, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or enforcement of these Regulations, the designated officer or employee is authorized to:

6.1.1.1 Enter at reasonable times the Facility or other place where an AST or its records are located. The Owner or Operator shall permit unannounced inspections of tanks pursuant to these Regulations;

6.1.1.2 Inspect and obtain samples of regulated substances from any person and to conduct monitoring of tanks, contents, or surrounding soils, water, and/or air. An inspection shall be commenced and completed with reasonable promptness;

6.1.1.3 Document the site assessment, inspection or monitoring with photographs.

6.2 Requirements for Requests for Confidential Data Submission.

6.2.1 In submitting data under Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, and these Regulations, a person required to provide such data may:

6.2.1.1 Designate the data which the Owner or Operator believe is entitled to protections as business or corporate; and

6.2.1.2 Submit such designated data separately from other data submitted under these Regulations.

6.3 Protection under United States Code Title 18 Section 1905

6.3.1 Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 §1905, Disclosure of confidential information generally.

6.4 Confidential Business Information Designation and Freedom of Information Act Regulations

6.4.1 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A, Section 8.0 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Ch. 100 as amended.

7 Del. Admin. Code § 1352-A-6.0

7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)