Effective 28 Aug 2008

319.136. Tank ineligible for delivery, deposit, or acceptance, when — violation, procedure — red tag to be affixed, when. — 1. An underground storage tank shall be ineligible for delivery, deposit, or acceptance of petroleum if the underground storage tank meets one or more of the following conditions:

(1) Required spill prevention equipment is not installed;

(2) Required overfill protection equipment is not installed;

(3) Required leak detection equipment is not installed; or

(4) Required corrosion protection equipment is not installed. This subdivision shall not apply to a buried metal flexible connector.

2. Upon the discovery of a violation of this section, the department shall, within fourteen days, notify the owner or operator in writing of such violation and affix a red violation tag stating the underground storage tank is in violation and is ineligible to receive petroleum to the fill pipe of the noncompliant underground storage tank using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so the tag is visible to any person attempting to deliver petroleum to the underground storage tank.

3. Notwithstanding the provisions of subsection 1 of this section to the contrary, the department may authorize delivery, deposit, or acceptance of petroleum to an ineligible underground storage tank in the following circumstances:

(1) In an emergency situation; or

(2) If such activity is necessary to test or calibrate the underground storage tank or dispenser system.

­­In either case, the department may authorize delivery, deposit, or acceptance of petroleum to an otherwise ineligible underground storage tank for up to one hundred eighty days. If the department grants a waiver pursuant to this subdivision, no red violation tag, as required under subsection 1 of this section, shall be affixed to the fill pipe for the length of the waiver.

4. A violation of this section causes the individual tank in violation to become ineligible to receive petroleum, but shall not cause other tanks at such facility to become ineligible to receive petroleum.

5. The owner or operator shall not allow petroleum to be deposited into an underground storage tank that has a red violation tag affixed to its fill pipe.

6. No person shall deface, alter, or otherwise tamper with a red violation tag so that the information contained on the tag is not legible. Removal of a red violation tag shall only be allowed pursuant to subsection 7 of this section.

7. Upon notification by the owner or operator to the department documenting that the violation has been corrected, the department shall immediately, unless an inspection is required, provide authorization to the owner or operator to remove the red violation tag. If the department requires an inspection to determine the violation has been corrected, such inspection shall be conducted within twenty-four hours after receiving notification from the owner or operator. If the department does not conduct the inspection within twenty-four hours after receiving notification from the owner or operator, the owner or operator may remove the red violation tag and immediately place the system and underground storage tank back into operation pending the inspection. A red violation tag that has been removed by the owner or operator shall be returned to the department within five business days in a postage-paid envelope provided by the department.

8. Notwithstanding the provisions of section 621.250 to the contrary, when the department has affixed a red violation tag to make a noncompliant underground storage tank ineligible to receive petroleum, the owner or operator of that tank may, in addition to all administrative appeals and remedies, appeal the department's action to the circuit court in the county where the tank is located within ten business days of the department's action.

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(L. 2008 S.B. 907)