Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 5 - Underground Storage Tank Regulations
Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018)
Rule 11-5-2.3 - General Operating Requirements
Section 11-5-2.3-280.36 - Delivery Prohibition

Universal Citation: MS Code of Rules 11-5-2.3-280.36

Current through September 24, 2024

Effective October 1, 2008, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the MDEQ to be ineligible for such delivery, deposit, or acceptance.

(a) Classification as ineligible.

(1) The MDEQ shall classify an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance as soon as practicable after it is determined one or more of the following conditions exists:
(i) Assessed tank regulatory fees are more than 90 days past due for payment;

(ii) Required spill prevention equipment is not installed;

(iii) Required overfill prevention equipment is not installed;

(iv) Required leak detection equipment is not installed;

(v) Required corrosion protection equipment is not installed;

(vi) Required secondary containment is not installed;

(vii) Required shear valve is not installed or a shear valve is purposely disabled;

(viii) A leak of regulated substances which presents an eminent threat of release or for which the owner/operator has not initiated repairs or an appropriate response in a timely manner; or

(ix) Other conditions where MDEQ deems equipment has been purposely disabled.

(2) The MDEQ may classify an underground storage tank or underground storage tank facility as ineligible for delivery, deposit, or acceptance of a regulated substance if the owner/operator of the tank system has been issued a written warning for any of the following violations and the owner/operator fails to complete corrective action within 60 days of the issuance of the written warning, unless the deadline is extended:
(i) Required spill prevention equipment is not properly operated or maintained;

(ii) Required overfill prevention equipment is not properly operated or maintained;

(iii)Required leak detection equipment is not properly operated or maintained;

(iv) Required corrosion protection equipment is not properly operated or maintained;

(v) Required secondary containment is not properly operated or maintained; or

(vi) Other conditions the MDEQ deems appropriate.

(3) The MDEQ may defer the application of delivery prohibition if it is determined that delivery prohibition is not in the public interest.

(b) Notification of ineligibility.

(1) The MDEQ will provide owners/operators with a written notice of the determination of ineligibility prior to the prohibition of delivery, deposit, or acceptance of regulated substances into the tank becoming effective. The written notice may be:
(i) Personally delivered to the owner/operator or the authorized representative of the owner/operator at the conclusion of the inspection or as soon as practicable thereafter; or

(ii) Sent via US mail to the last known address of the owner/operator.

(2) The MDEQ may provide further notification to owners/operators of the determination of ineligibility by one or more of the following:
(i) Telephone;

(ii) Electronic mail;

(iii) Facsimile;

(iv) Posting a listing of ineligible tanks on the MDEQ website; or

(v) Presence of a delivery prohibition tag on the fill riser of an ineligible tank.

(3) The MDEQ will notify suppliers of tanks determined to be ineligible for delivery by posting a list of ineligible tanks on the MDEQ website. Suppliers may also be notified of ineligible tanks by one or more of the following:
(i) Telephone;

(ii) Electronic mail;

(iii) Facsimile;

(iv) US mail; or

(v) Presence of a delivery prohibition tag on the fill riser of an ineligible tank.

(4) Owners/Operators shall document that they have notified the appropriate product suppliers when the MDEQ has made a determination of product delivery ineligibility for any tank that they own/operate.

(c) Identification of ineligible underground storage tanks. Once a determination of ineligibility has been made, the MDEQ will identify those underground storage tanks by placing them on a list of ineligible tanks on the MDEQ website. The ineligible tanks may also be identified by one or more of the following:

(1) Delivery prohibition tags may be placed on the fill riser or other appropriate alternative location of any ineligible tank. It shall be unlawful for anyone to remove, alter, destroy, deface or otherwise tamper with a delivery prohibition tag without valid authorization from the MDEQ; or

(2) Withdrawal of the Certificate of Operation.

(d) Reclassification of underground storage tanks that have reestablished compliance. The MDEQ shall reclassify any ineligible tank as eligible to receive deliveries as soon as practicable upon receipt of documentation that the conditions that caused the ineligibility have been satisfactorily corrected, the MDEQ will subsequently:

(1) If present, remove the delivery prohibition tag from the tank or alternatively provide the owner/operator with the authority to remove the red tag;

(2) Remove the name of the facility from the list of ineligible tanks on the MDEQ website; and

(3) Provide a letter to the owner/operator stating the tank is eligible to receive product.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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