310 CMR, § 80.48 - Delivery Prohibition
(1) The Department
shall issue a delivery prohibition order to an Owner or Operator of a UST
system after written notice to the Owner or Operator if one or more of the
following conditions exist:
(a) Failure to
install spill prevention equipment in accordance with
310
CMR 80.21(1);
(b) Failure to install overfill protection
equipment in accordance with
310
CMR 80.21(2);
(c) Failure to install leak detection
equipment in accordance with
310 CMR 80.19;
or
(d) Failure to install corrosion
protection equipment in accordance with
310 CMR
80.22.
(2) Upon learning of any of the conditions in
310 CMR 80.48(1)(a) through (d), the Owner or Operator shall immediately, but
in no event more than 24 hours after learning of the conditions in 310 CMR
80.48(1)(a) through (d), inform the Department of the violation.
(3) The Department may issue a delivery
prohibition order to an Owner or Operator of a UST system after written notice
to the Owner or Operator if one or more of the following conditions exist:
(a) Spill prevention is not operating in
accordance with
310
CMR 80.28(1) and
(2);
(b) Overfill protection is not operating in
accordance with
310
CMR 80.28(1) and
(3);
(c) Leak detection equipment is not operating
in accordance with
310 CMR
80.26;
(d) Corrosion protection equipment is not
operating in accordance with
310 CMR
80.29;
(e) The Owner or Operator fail to demonstrate
or maintain financial responsibility in accordance with
310 CMR 80.51 through
80.63;
or
(f) Any other violation of
310 CMR 80.00 that poses a
significant threat to public health, safety or the environment, as determined
by the Department at its sole discretion.
(4) After written notice to the Owner or
Operator, the delivery prohibition shall become effective immediately when the
Department serves a written delivery prohibition order in accordance with
310 CMR 80.50(3)
prohibiting the delivery of product to the
UST system(s). The delivery prohibition order shall be issued no sooner than 24
hours after written notice to the Owner or Operator.
(5) After the delivery prohibition order is
served, the Department shall have the authority to lock the fill pipe and affix
a red tag to the fill pipe of the UST system(s) that are subject to said
order.
(6) No person shall deliver,
cause to be delivered, accept for delivery or cause to be accepted for delivery
any regulated substance to a UST system that is subject to a delivery
prohibition order that has been served and has a red tag affixed to the fill
pipe.
(7) No person shall remove,
deface, alter or otherwise tamper with the lock or red tag affixed to a UST
system or UST component, except in accordance with 310 CMR 80.48(10).
(8) Upon notification from the Owner or
Operator that the violations identified in the delivery prohibition order have
been corrected, the Department shall, confirm that the violations have been
corrected.
(9) If the Department
confirms that the violation(s) have been corrected, the Department shall
terminate the delivery prohibition order in writing and remove the lock and red
tag from the UST system.
(10) In
the event that the Department does not inspect a UST system within 24 hours
after receipt of the notification from the Owner or Operator that the
violation(s) identified in the delivery prohibition order have been corrected,
a third-party inspector may remove the 'red tag' after providing a
certification to the Department, in a format specified by the Department, that
the violation(s) has been corrected. Both the Owner or Operator and the
third-party inspector shall sign the certification prior to submission to the
Department.
(11) Notwithstanding a
delivery prohibition order, the Department may authorize the delivery of
product to a UST system that has received a delivery prohibition order in
emergency situations, or for compliance testing purposes, as determined by the
Department in its sole discretion.
(12) Any person subject to a delivery
prohibition order shall have the right to an adjudicatory appeal in accordance
with
310 CMR
80.50. An adjudicatory appeal shall not stay
the effectiveness of a delivery prohibition order.
Notes
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