159 Neb. Admin. Code, ch. 11, § 001

Current through September 17, 2024
Section 159-11-001 - UST SYSTEMS SUBJECT TO DELIVERY PROHIBITION
001.01 Any UST system may be subject to delivery prohibition procedures when a facility is determined to be out of compliance with any of following provisions of Title 159:
001.01A. Tank registration requirements of Chapter 2;
001.01B. Leak detection requirements of Chapter 7;
001.01C. Spill prevention requirements of Chapter 5;
001.01D. Overfill requirements of Chapter 5;
001.01E. Recordkeeping requirements of Chapters 5, 6, 7;
001.01F. Corrosion protection requirements of Chapter 4;or
001.01G. Failure to designate a Class A, Class B and Class C operators pursuant to Chapter 13; and
001.01H. Failure to maintain financial responsibility requirements of Chapter 9.
001.02 The State Fire Marshal may defer enforcement of delivery prohibition procedures against UST systems in which this process would jeopardize the availability of, or access to, fuel in any rural and remote area unless an urgent threat to public health or the environment exists. Such deferrals will not exceed 180 days.
001.03 When an UST system is determined to be subject to delivery prohibition procedures, the State Fire Marshal will notify the owner or operator by delivering notice in person, or by clearly posting a notice at the facility and sending a copy of such notice by certified mail to the last known address of the owner or operator. Once service of notice is complete, the State Fire Marshal will affix a red tag to the fill pipe of any non-compliant UST.
001.04 The State Fire Marshal will also maintain a list of all USTs that are determined to be ineligible for delivery of regulated substances. The list will be made available to the public by posting on the State Fire Marshal website at https://sfm.nebraska.gov/

159 Neb. Admin. Code, ch. 11, § 001