Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-9 - Underground Storage Tanks
Section 1301:7-9-18 - Delivery prohibition for USTs
Universal Citation: OH Admin Code 1301:7-9-18
Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish delivery prohibition for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."
(B) Delivery prohibition.
It shall be unlawful for any person to deliver, deposit, or accept a regulated substance into a UST that has a red tag attached to the fill pipe of the UST that the state fire marshal has classified as ineligible for delivery, deposit, or acceptance of a regulated substance in accordance with paragraphs (D)(1) to (D)(4) of this rule.
(C) Identifying an ineligible UST.
(1) The state fire marshal shall classify an
UST as ineligible for delivery, deposit, or acceptance of a regulated substance
as soon as practicable after the state fire marshal determines one or more of
the following conditions exist:
(a) Required
spill prevention equipment is not installed pursuant to rule
1301:7-9-06
of the Administrative Code;
(b)
Required overfill prevention equipment is not installed pursuant to rule
1301:7-9-06
of the Administrative Code;
(c)
Required corrosion protection equipment is not installed pursuant to rule
1301:7-9-06
of the Administrative Code; or
(d)
Required release detection equipment is not installed pursuant to rule
1301:7-9-07
of the Administrative Code.
(2) The state fire marshal may classify an
UST as ineligible for delivery, deposit, or acceptance of a regulated substance
if the owner and operator of the UST has been issued a written notice of UST
violation for any of the following violations, and the owner or operator fails
to correct the violation within sixty days of the issuance of the notice of UST
violation:
(a) Failure to properly operate or
maintain spill prevention equipment pursuant to rule
1301:7-9-06
of the Administrative Code;
(b)
Failure to properly operate or maintain overfill prevention equipment pursuant
to rule
1301:7-9-06
of the Administrative Code;
(c)
Failure to properly operate or maintain corrosion protection equipment pursuant
to rule
1301:7-9-06
of the Administrative Code;
(d)
Failure to properly operate or maintain release detection equipment pursuant to
rule
1301:7-9-07
of the Administrative Code; or
(e)
Failure to obtain a valid certificate of coverage from the petroleum
underground storage tank release compensation board pursuant to paragraph
(G)(1) of rule
1301:7-9-05
of the Administrative Code.
(D) Notification and red tag procedures.
(1) If the state fire marshal classifies an
UST as ineligible for delivery, deposit, or acceptance of a regulated substance
pursuant to paragraph (C) of this rule, the state fire marshal shall issue an
order to the owner and operator prior to prohibiting the delivery, deposit, or
acceptance of a regulated substance.
(a) The
order shall be issued to the owner and operator as identified on the
registration form submitted to the state fire marshal in accordance with rule
1301:7-9-04
of the Administrative Code and any other persons known by the state fire
marshal to be an owner or operator.
(b) The order is deemed properly served by
the state fire marshal in any of the following ways:
(i) The order is personally
delivered;
(ii) The order is sent
via certified mail to the address set forth on the UST registration form
submitted to the state fire marshal in accordance with rule
1301:7-9-04
of the Administrative Code and the signed return receipt card is received by
the state fire marshal; or
(iii) In
those instances when the order, sent via certified mail, is returned due to
failure of delivery, the order is sent via regular mail to the address set
forth on the UST registration form submitted to the state fire marshal in
accordance with rule
1301:7-9-04
of the Administrative Code.
(c) The state fire marshal will provide a
written notice to any additional persons listed on the registration form
submitted to the state fire marshal in accordance with rule
1301:7-9-04
of the Administrative Code.
(2) The written order described in paragraph
(D)(1) of this rule shall include:
(a) The
specific reasons or violations that led to the ineligible
classification;
(b) A statement
notifying the owner and operator that it is unlawful for any person to deliver,
deposit, or accept a regulated substance into the UST once a red tag has been
attached to the fill pipe of the UST that the state fire marshal determined to
be ineligible for delivery, deposit, or acceptance of a regulated
substance in accordance with paragraphs (D)(1) to
(D)(4) of this rule;
(c) The name
and address of the state fire marshal representative to whom a written request
for re-inspection can be made, if a re-inspection is necessary; and
(d) A statement addressing the right to
appeal the state fire marshal's order pursuant to division (D) of section
3737.882 of the Revised
Code.
(3) Once service
of the order is complete pursuant to paragraph (D)(1) of this rule, the state
fire marshal shall publish on the state fire marshal's website those USTs that
are classified as ineligible for delivery, deposit, or acceptance of a
regulated substance. The ineligible USTs shall be posted on the state fire
marshal's website a minimum of seven days prior to the red tag being affixed to
the UST.
(4) Once publication is
complete pursuant to paragraph (D)(3) of this rule, the state fire marshal
shall attach a red tag to the fill pipe of the UST that the state fire marshal
determined to be ineligible for delivery, deposit, or acceptance of a regulated
substance in accordance with the following:
(a) A separate red tag shall be attached to
each fill pipe of each UST determined to be ineligible for delivery, deposit,
or acceptance of a regulated substance;
(b) The red tag shall include the following
wording in at least sixteen point type: "Delivery Prohibited. Delivering
petroleum or other regulated substance to this underground storage tank, or
removing, defacing, altering, or otherwise tampering with this tag may result
in civil penalties of up to $10,000 per day";
(c) The state fire marshal shall attempt to
document the level and/or volume of regulated substance in the UST at the time
that red tag is attached;
(d) The
state fire marshal shall maintain a list of all underground storage tanks that
are classified as ineligible for delivery, deposit, or acceptance of a
regulated substance. The state fire marshal shall make updates to the list
available to the public by posting the list on the state fire marshal's website
in a timely manner;
(e) If an
eligible UST is connected or manifolded to an ineligible UST, the state fire
marshal will determine that both USTs are ineligible to receive delivery,
deposit, or acceptance of a regulated substance for purposes of this rule,
unless the eligible UST tank meets both of the following requirements:
(i) The eligible UST is designed to receive a
regulated substance through a means not connected, manifolded, or otherwise
dependent on the ineligible UST; and
(ii) The eligible UST is prevented from
delivering or receiving regulated substances to or from the ineligible
UST;
(f) For a multiple
compartment UST; the red tag shall only be attached to the fill pipe of the
compartment associated with the condition or violation which resulted in the
compartment being determined ineligible for the delivery, deposit, or
acceptance of a regulated substance.
(5) Owners or operators may continue to
operate an UST that is classified as ineligible pursuant to this rule until the
ineligible UST is empty. The UST shall not receive delivery, deposit, or
acceptance of a regulated substance during this time.
(6) The classification of an UST as
ineligible shall remain in effect until the conditions cited in the order no
longer exist as determined by the state fire marshal and the red tag is removed
by the state fire marshal or an authorized designee. If the state fire marshal
determines that an ineligible UST has returned to compliance and is now
eligible for delivery, deposit, or acceptance of a regulated substance, the
state fire marshal or an authorized designee shall do all of the following:
(a) Remove the red tag from the UST fill pipe
no later than five business days after the state fire marshal determines that
the UST is compliant;
(b) Remove
the UST from the ineligible list posted on the state fire marshal's website;
and
(c) Provide a written notice to
the owner and operator that the ineligible UST has returned to compliance and
is now eligible for delivery, deposit, or acceptance of a regulated
substance.
(E) Product delivery.
Any person delivering or depositing regulated substances into a UST that has been classified as ineligible by the state fire marshal and has a red tag affixed to the fill pipe shall be in violation of paragraph (B) of this rule.
(F) Additional conditions.
(1) It shall be unlawful for any
person to tamper with and/or remove the red tag without the state fire
marshal's approval.
(2) The state
fire marshal may delay the classification of an UST as ineligible for delivery,
deposit or acceptance of regulated substances if the state fire marshal
determines that prohibiting delivery to the UST would jeopardize health and
safety or the availability of fuel to the community.
(3) The state fire marshal may allow the
delivery, deposit or acceptance of a regulated substance into an UST determined
to be ineligible for purposes of testing and other activities required to
comply with an order pursuant to paragraph (D)(1) of this rule.
(4) Nothing in this rule shall affect or
preempt the authority of the state fire marshal or any other authority with
jurisdiction to prohibit the delivery, deposit, or acceptance of a regulated
substance to an UST under other existing regulations.
Effective: 9/1/2017
Five Year Review
(FYR) Dates: 05/17/2017 and
07/31/2022
Promulgated
Under: 119.03
Statutory
Authority: 3737.88
Rule
Amplifies: 3737.38
Prior Effective Dates:
5/16/11
Disclaimer: These regulations may not be the most recent version. Ohio 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
