Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-30-5 - Delivery Prohibition5.1. Proof of Compliance. - Product deliverers, including any person who approves a delivery order or delivers or deposits product into an underground storage tank, shall not deliver product into an underground storage tank unless the Secretary has certified that the underground storage tank owner or operator is in compliance with the requirements of the Underground Storage Tank Fee Assessments (33 C.S.R. 31) and the notification requirements under section 4 of this Rule, and the owner or operator presents proof of this certification along with proof of financial responsibility in compliance with 40 C.F.R. Part 280, Subpart H to the product deliverer.5.2. Tank Eligibility for Delivery, Deposit or Acceptance. - An underground storage tank is eligible to receive product when in compliance with the requirements of 40 C.F.R. Part 280: 5.2.a. Required spill prevention equipment is installed and properly operated and maintained;5.2.b. Required overfill protection equipment is installed and properly operated and maintained;5.2.c. Required leak detection equipment is installed and properly operated and maintained;5.2.d. Required corrosion protection equipment including a buried metal flexible connector is installed and properly operated and maintained; and5.2.e. Required financial responsibility is maintained.5.3. Delivery, Deposit or Acceptance of Product to Ineligible Tanks.- Product deliverers shall not deliver or deposit into an underground storage tank, nor shall an underground storage tank owner or operator accept or allow delivery or deposit to an underground storage tank, that the Secretary has identified as ineligible to receive product.5.4. Notification of Ineligibility.- The Secretary shall notify the owner or operator in writing that an underground storage tank is ineligible to accept deposit or delivery and may affix a tag, notice or locking device to the underground storage tank until the owner or operator achieves compliance with the requirements of subsection 5.2. 5.4.a. The Secretary may choose to classify an underground storage tank as ineligible to receive product but then authorize delivery in an emergency situation.5.5. Enforcement. - Any product deliverer, owner or operator who violates the provisions of this section is subject to enforcement action under W. Va. Code § 22-17-1, et seq.