§ 17-1007 — Corrective actions

§ 17-1007. Corrective actions.\n 1. Any operator shall within forty-eight hours notify the facility\nowner and the department, and if the facility is located within any\ncounty, or city of a population of one million or more which filed with\nthe department a written declaration under subdivision two of section\n17-1017 of this title which is approved by the commissioner in written\nfindings the operator shall also notify such county or city of a\npopulation of one million or more, of any abnormal loss or gain detected\nthrough daily inventory which cannot be explained by inaccurate record\nkeeping, temperature variations, or other causes not related to leakage.\nFor the purposes of this subdivision, "abnormal loss or gain" shall mean\na loss or gain of three-quarters of one percent or greater of the total\nvolume of petroleum handled over a period of ten days.\n 2. Where a leak or spill of petroleum is suspected or appears\nprobable, the department may order the owner to inspect that tank or\ntanks or associated equipment suspected to be leaking and to test for\ntightness and structural soundness or may prohibit delivery pursuant to\nsubdivision four of this section. If the owner fails within ten days to\nconduct such tests as required under this subdivision, the department\nmay conduct such tests for tightness or structural soundness. The\nreasonable expenses of conducting such tests incurred by the department\nshall be paid by the owner.\n 3. It shall be unlawful to continue operation of any leaking tank or\nassociated equipment of a facility. The contents of such tank or\nequipment shall be promptly removed.\n 4. The department may prohibit deliveries of petroleum to any tank (i)\nthat is leaking or (ii) where a leak appears probable. If the source of\nthe leak or a probable leak cannot be determined, the department may\nprohibit deliveries to any tank or tanks that may be the probable source\nof a leak until such time as the source has been identified, at which\ntime the prohibition on delivery will apply to the leaking tank or\ntanks. In addition, the department may prohibit deliveries of petroleum\nto any tank that is in violation of any requirement prescribed by\nregulation pursuant to this title related to:\n a. installing required equipment for spill prevention, overfill\nprotection, leak detection, corrosion protection or secondary\ncontainment;\n b. performing leak detection or inspections of tank systems;\n c. properly operating or maintaining leak detection; or\n d. properly operating or maintaining spill, overfill or corrosion\nprotection equipment.\n (i) The department shall attach a tag to the tank or tanks to identify\nthose tanks to which delivery is prohibited and provide a written notice\nto the owner and operator specifying the reasons for the prohibition of\ndelivery. The department may consider not prohibiting deliveries of\npetroleum for up to one hundred eighty days after a determination is\nmade that the facility or tank meets the conditions in this subdivision\nif such prohibition would jeopardize the availability of, or access to,\nfuel in any rural and remote areas unless the department has determined\nthat the condition at the facility endangers public health, safety or\nthe environment.\n (ii) As promptly as possible thereafter, not to exceed fifteen days,\nthe commissioner shall provide the owner or operator an opportunity to\nbe heard and to present proof that such condition or activity does not\nviolate the provisions of this section or of the rules or regulations\nadopted pursuant to this title. The commissioner shall adopt rules and\nregulations describing the procedure to be followed in the prohibition\nof petroleum deliveries. In adopting such rules and regulations the\ndepartment shall allow for the owner or operator at any time to submit\ninformation to the department to demonstrate that the owner or operator\nis in compliance with the requirements or has corrected the violation\nthat prompted the department to prohibit deliveries of petroleum and to\nallow the tank or tanks to be, as promptly as possible, brought back\ninto operation, not to exceed two business days from the department's\ndetermination that a tank is in compliance. The department shall use its\nbest efforts to timely determine compliance. The commissioner shall\ndraft such rules and regulations and submit them to the state petroleum\nbulk storage advisory council for comments within six months of the\neffective date of this subparagraph.\n (iii) Unless otherwise authorized by the department, no person shall\ntamper with or remove, or cause the tampering with or removal of, a tag\nattached to any tank under the provisions of this subdivision.\n (iv) No person shall deliver, cause the delivery of, deposit, or\naccept petroleum to any tank or tanks to which a tag is affixed pursuant\nto this subdivision.\n