7 Del. Admin. Code § 1352-D-1.0

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

Section 1352-D-1.0 - General Requirements for Financial Responsibility

1.1 Applicability

1.1.1 This Part applies to Owners and Operators of ASTs as defined in Title 7 Del.C. Ch. 74A, § and not otherwise exempt under Title 7 Del.C. Ch. 74A, § 7404A or PART D, subsection 1.1.2.

1.1.2 An AST that is subject to and in compliance with the financial requirements of Delaware's Regulations Governing Hazardous Waste or 40 CFR 264 or 40 CFR 265 is exempt from compliance with PART D.

1.1.3 Financial responsibility under this Part is only applicable to accidental releases occurring after the date established in PART D, Section 2.

1.1.4 The State and federal government entities whose debts and liabilities are the debts and liabilities of the State or the United States are exempt from the requirements of this Part for ASTs owned by a State or Federal government entity.

1.1.5 If the Owner and Operator of an AST are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance. Regardless of which party complies, the date set for compliance is established in PART D, Section 2.0.

7 Del. Admin. Code § 1352-D-1.0

20 DE Reg. 815 (4/1/2017) (Final)