7 Del. Admin. Code § 1351-A-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1351-A-1.0 - General Provisions

1.1 Statement of Authority and Purpose

1.1.1 These Regulations are enacted in accordance with 7 Del.C. Chapter 60, Environmental Control, and 7 Del.C. Chapter 74, Delaware Underground Storage Tank Act.

1.1.2 The Delaware Department of Natural Resources and Environmental Control (DNREC) is responsible for protecting, preserving and enhancing the environmental quality of the water, air, and land of the State. The Department recognizes that groundwater quality protection and improvement is an important goal. In addition, the General Assembly of the State of Delaware has found "that it is necessary to provide for more stringent control of the installation, operation, Retrofitting and abandonment of Underground Storage Tanks (USTs) to prevent leaks, and where leaks should occur, to detect them at the earliest possible stage and thus minimize further degradation of groundwater." The Delaware Regulations Governing Underground Storage Tank Systems are intended to address Releases from UST systems as well as prevent future Releases.

1.1.3 The intent of the Department with these Regulations is three fold. First, to ensure the detection of any Release. This will be achieved by ensuring an acceptable design and installation of new UST Systems and improvement of all UST Systems. Second, to prevent the Release of Regulated Substance to the environment by requiring UST Systems be designed to contain a Release. Finally, to assess and address potential risks of Releases to provide for the protection of human health, safety, and the environment.

1.2 Applicability

1.2.1 The requirements of these Regulations shall apply to any Person, including without limitation to all Owners and Operators of an UST System as defined in 7 Del.C. § 7402 herein unless specifically exempted. The following UST Systems shall only be subject to the requirements of Part A, subsection 4.10, Section 12.0, subsection 18.6, and Part E of these Regulations:

1.2.1.1 Agricultural/Farm and residential UST Systems of 1,100 gallons or less used for storing Motor Fuels for Non Commercial purposes.

1.2.1.2 UST Systems containing Heating Fuel of 1,100 gallons or less for Consumptive Use On The Premises Where Stored.

1.2.1.3 Any UST System holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other Regulated Substances.

1.2.1.4 Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act.

1.2.1.5 Equipment and machinery that contains Regulated Substances for operational purposes such as Hydraulic Lift Tanks and electrical equipment tanks.

1.2.1.6 Any UST System whose capacity is 110 gallons or less.

1.2.1.7 Any emergency spill or overflow containment UST System that is expeditiously Emptied after use.

1.2.2 The requirements contained in these Regulations, with the exception of requirements in Part A, subsection 1.3 and Part E of these Regulations, do not apply to any of the following UST Systems:

1.2.2.1 Any UST System containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011).

1.2.2.2 Any UST system that is part of an emergency generator system at nuclear power plant generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR part 50.

1.2.2.3 Any Wastewater Treatment Tank system not covered under Part A, subsection 1.2.1.4.

1.2.2.4 Aboveground storage tanks associated with:

1.2.2.4.1 Airport Hydrant Fuel Systems as defined by these Regulations and prescribed in Part I; and

1.2.2.4.2 UST Systems with Field-Constructed Tanks as defined by these Regulations and prescribed in Part H.

1.3 Installation Requirements for Partially Excluded UST Systems

1.3.1 No Person shall install an UST System as described under Part A, subsection 1.2.2 for the purpose of storing Regulated Substances unless the UST System:

1.3.1.1 Will prevent Releases due to corrosion or structural failure for the Operational Life of the UST System; and

1.3.1.2 Is Cathodically Protected against corrosion, constructed of non corrodible material, steel clad with a non corrodible material, or designed in a manner to prevent the Release or threatened Release of any stored substance; and

1.3.1.3 Is constructed or lined with material that is Compatible with the stored substance.

1.4 Enforcement

1.4.1 Any Person who violates these Regulations shall be subject to all appropriate legal sanctions including the provisions set forth in 7 Del.C. Chapter 74, §7411 or 7 Del.C. Chapter 60.

1.4.2 The Department reserves the right to prohibit delivery or dispensing of a Regulated Substance or require an UST System tightness test in accordance with these Regulations when:

1.4.2.1 A Department representative cannot determine that an UST Facility is in compliance with these Regulations based upon the information made available by the Owner and Operator; or

1.4.2.2 A Department representative determines that a Facility is not in compliance with these Regulations; or

1.4.2.3 An Imminent Threat to human health, safety or the environment exists.

1.5 Severability

1.5.1 If any provisions of these regulations are adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby.

1.6 Right of Appeals

1.6.1 Any Person or party whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with 7 Del.C. Chapter 60, Environmental Control, §6008.

1.6.2 Any Person or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with 7 Del.C. Chapter 60, Environmental Control, §6009.

1.7 Joint and Several Liability

1.7.1 Throughout these Regulations, Owners and Operators are jointly and severally liable for all duties and requirements. When used in these Regulations, "Owners or Operators" shall mean that the Owners and Operators are jointly and severally liable for the applicable duties and requirements.

7 Del. Admin. Code § 1351-A-1.0

23 DE Reg. 581 (1/1/2020)
27 DE Reg. 533 (1/1/2024) (Final)