South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-92 - UNDERGROUND STORAGE TANK CONTROL REGULATIONS
Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
Subpart B - UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, NOTIFICATION AND PERMITTING
Section 61-92.280.B.26 - DELIVERY PROHIBITION

Universal Citation: SC Code Regs 61-92.280.B.26

Current through Register Vol. 48, No. 9, September 27, 2024

(a) The Department may classify as ineligible for delivery, deposit, or acceptance of product an underground storage tank where the Department has determined:

(1) Required spill prevention equipment is not installed; or

(2) Required overfill protection equipment is not installed; or

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

(4) Required corrosion protection equipment is not installed; or

(5) Required secondary containment is not installed; or

(6) Other conditions the Department deems appropriate.

(b) When the Department determines that an underground storage tank or tanks should be classified as ineligible for delivery, deposit or acceptance of product under paragraph (a) of this section, the Department shall notify the owner/operator of the Department's intent to declare the tank(s) ineligible for delivery, deposit, or acceptance of product if the deficiency is not corrected within fifteen (15) calendar days.

(c) The Department may classify as ineligible for delivery, deposit, or acceptance of product an underground storage tank if the owner/operator of that tank has been issued a written warning or citation (notice of alleged violation) under any of the following circumstances and the owner/operator has failed to take corrective action within thirty (30) days:

(1) Failure to properly operate and/or maintain leak detection equipment; or

(2) Failure to properly operate and/or maintain spill, overfill, or corrosion protection equipment; or

(3) Failure to maintain financial responsibility; or

(4) Failure to protect metal components from corrosion.

(d) When the Department determines that an underground storage tank or tanks should be classified as ineligible for delivery, deposit or acceptance of product under paragraph (c) of this section, or for other conditions the Department deems appropriate, the Department shall notify the owner/operator of the Department's intent to declare the tank(s) ineligible for delivery, deposit, or acceptance of product if the deficiency is not corrected within fifteen (15) calendar days.

(e) When the out of compliance condition has not been corrected after the fifteen (15) calendar days established under paragraph (b) or (d) of this section, the Department will declare the tank ineligible for delivery, deposit, or acceptance of product and notify the owner/operator and supplier of the delivery prohibition.

(1) The notification of owner/operator of a delivery prohibition will be by at least two means of communication (for example: telephone, e-mail, facsimile, or messenger); and

(2) The Department will post the delivery prohibition notice on the Department's website for the notification of the owner/operator and supplier; and

(3) The Department will affix a delivery prohibition notice to the fill port of the affected tank(s).

(f) It shall be illegal for any person to deliver, deposit, or accept product into a tank where the Department has imposed delivery prohibition and has notified the owner/operator and supplier of the delivery prohibition via website or other means of communication as stated in paragraph (e).

(g) When the owner/operator notifies the Department that the deficiency has been corrected and the Department has verified that the tank(s) is in compliance:

(1) The delivery prohibition will be lifted and the delivery prohibition notice will be removed from the tank fill port within two (2) working days (Monday-Friday) of the notification; and

(2) The Department will notify the owner/operator and the supplier via website or other means of communication as stated in paragraph (e) that delivery to the tank(s) may resume; and

(3) The delivery prohibition website posting will be cleared.

(h) The Department retains the discretion to decide whether to identify an underground storage tank as ineligible for delivery, deposit, or acceptance of product based on whether the prohibition is in the best interest of the public. In some cases, prohibition of delivery, deposit, or acceptance of product to an underground storage tank is not in the best interest of the public, even in the case of significant and/or sustained noncompliance (e.g., certain emergency generator underground storage tanks). In other cases, the Department may choose to classify an underground storage tank as ineligible to receive product but then authorize delivery in emergency situations such as natural disasters.

[Note to Section 280.26. Delivery Prohibition does not relieve the owner/operator from administrative enforcement actions due to the out of compliance condition(s).]

Disclaimer: These regulations may not be the most recent version. South Carolina 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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