020-17 Wyo. Code R. § 17-44

Current through April 27, 2019

Section 17-44 - Prohibition of Deliveries

(a) Reasons for Restricting Delivery. Prohibition of delivery of regulated substances to a storage tank system shall be required when the department becomes aware that:

(i) The owner and/or operator has not performed leak detection on the tanks as required in Part D of this chapter for any period exceeding sixty (60) days;

(ii) The most recently required cathodic protection test has not been done within ninety (90) days of the date when due under Section 11(b) of this chapter;

(iii) A cathodic protection test done in accordance with Section 11 has failed and has not been repaired and re-tested within ninety (90) days of the date when the original failing result was obtained;

(iv) The most recently required pressure test of the lines has not been done as required under Sections 14(g)(i)(B) or Section 14(g)(ii) of this chapter (as applicable) within sixty (60) days of the date due;

(v) The most recently required functional test of automatic line leak detectors has not been done as required under Sections 14(g)(i)(B), Section 37(a), or Section 37(b) of this chapter within sixty (60) days of the date due;

(vi) The owner and/or operator has failed to report a suspected release under Section 19 when required by Sections 14(b), 15(a)(iv), 16(a) (viii), 16(b), 16(c)(ii), 16(d)(viii), 16(e)(x), 16(f)(iv), 16(g)(v), 16(h)(vii), or 19 of this chapter;

(vii) The owner and/or operator has reported a suspected release under Section 19 but has failed to initiate the release investigation required under Section 20 of this chapter;

(viii) The owner and/or operator has reported a confirmed release, but repairs have not been made to the storage tank system;

(ix) The owner and/or operator has failed to pay the storage tank registration fee which is due on January 1 of each year by September 1 of the year when due;

(x) The owner and/or operator has failed to follow any Order issued by the department, unless that Order is under appeal to the Environmental Quality Council;

(xi) Any required monitoring device has been purposely tampered with or turned off (except if it is being worked on); or any record required to be kept under this chapter has been falsified;

(xii) Any regulated tank is discovered without overfill and spill prevention devices in place as required by Section 6(c) of this chapter;

(xiii) Any regulated tank is discovered without cathodic protection equipment in place as required by Sections 6(a)(ii) or 6(b)(ii) of this chapter;

(xiv) Any regulated above ground storage tank has not been fully upgraded under Part I of this chapter after October 1, 2007;

(xv) The operator's annual inspection has not been performed, as required by Section 13(e) or Section 36(f) of this chapter, within ninety (90) days of the date when due;

(xvi) The department becomes aware that there has been no Licensed Class B Operator for a facility for ninety (90) days or more;

(xvii) Repaired tanks and piping have not been tightness tested within thirty (30) days of repair completion; or

(xviii) Cathodic protection impressed current systems have not been inspected at least every sixty (60) days.

(b) Procedures for Prohibiting Deliveries of Regulated Substances. When any of the causes for prohibition of delivery exist as shown in paragraph (a) of this section the department shall issue an Administrative Order to prohibit deliveries of the regulated substance.

The Wyoming Fuel Tax Administration tracks fuel suppliers of record for all storage tank facilities selling gasoline or diesel. The department shall obtain, from the Wyoming Fuel Tax Administration, the names of suppliers of record for any facility which is the subject of an Administrative Order under this subsection. When there are suppliers of record with the Wyoming Fuel Tax Administration, those suppliers shall also be ordered not to deliver regulated substances in the Administrative Order.

(i) Administrative Orders issued under this Part shall include the following information:
- (A) The name of the Owner and/or Operator of the storage tank system;
- (B) The street address of the facility where the storage tank system is located;
- (C) The Storage Tank Program Facility ID Number;
- (D) The specific tanks at the facility which are restricted, or if all tanks at the facility are restricted; and
- (E) The reason for the restriction;

(ii) An Administrative Order issued under this section is final as soon as signed by the Director. Administrative Orders may be appealed to the Environmental Quality Council under W.S. 35-11-701;

(iii) The department shall immediately issue a Notice of Compliance to all entities covered by the Administrative Order that lifts the prohibition whenever the facility has been returned to compliance. Such notice shall include the same information found in Section 44(b)(i)(A) through (D);

(c) Posting on the internet. The department shall immediately post a copy of the Administrative Order on its website whenever a facility is prohibited from accepting deliveries of regulated substances. The department shall also post a Notice of Compliance on its website when the prohibition has been lifted. The notices will state which tanks at the facility are affected.

(d) Red Tagging. The department may, at any time after issuing an Administrative Order under this Part, place a tag on the affected tanks stating:

"DELIVERY PROHIBITION

Deliveries of any regulated substance to this tank have been prohibited by the State of Wyoming, Storage Tank Program. Delivery of any regulated substance to this tank while the delivery prohibition exists is a violation of Chapter 17, Part K, Wyoming Water Quality Rules and Regulations."

(e) Violation of this Part. It is a violation of this Part for any person to purchase a regulated substance for delivery to, or to deliver a regulated substance to, any storage tank that is the subject of any Administrative Order issued under this Part.

020-17 Wyo. Code R. § 17-44