Section 146-C:15 - Non-Compliant Storage Tanks or Facilities; Red-Tagging Procedure The department shall apply the following procedure in determining whether to red-tag a storage tank or facility:
I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, overfill protection, release detection, leak monitoring, or corrosion protection.II. Upon determining non-compliant status, the department shall provide written notification to the facility owner and facility operator on the nature of the operational deficiencies, the applicable regulatory requirements, options available for correcting the deficiencies, and the deadline for completion of the work.III. Upon failure of a facility owner or operator to correct such operational deficiencies to the satisfaction of the department by the established deadline, the department shall issue a written notice of "Intent to Red-Tag" to the facility owner and facility operator, and shall provide notification to all oil delivery companies that have requested to receive such notifications. The notice shall include the deadline after which date department personnel will red-tag the non-compliant storage tank or facility. Before affixing a red tag to the fill pipe of an underground storage tank or facility, the agency shall document the level of stored product in the tank or facility.IV. The department shall publish a current list of all red-tagged storage tanks and facilities in the state, and shall provide notification of list changes to all oil delivery companies that have requested to receive such notification. No person shall be liable for delivery of oil to a non-compliant storage tank or facility that is not included on the department list of red-tagged storage tanks or facilities. 2007, 376:2, eff. July 1, 2007.