7 Del. Admin. Code § 1351-A-4.0

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

Section 1351-A-4.0 - Registration and Notification Requirements

4.1 General Requirements

4.1.1 No Person shall own or operate an UST System unless the UST System is registered with the Department utilizing a form provided by the Department, unless specifically exempted in this Part. At a minimum, the notice shall specify to the extent known, the location, size, type of UST System, type of Release Detection, age of the UST, and the type of Regulated Substance(s) stored.

4.1.2 All UST Systems, unless specifically exempted, that were in the ground on or after July 12, 1985, unless taken out of operation and Closed In Place on or before January 1, 1974, are required to be registered with the Department in accordance with 7 Del.C. Chapter 74 utilizing a form provided by the Department. Owners and Operators who have not complied with the registration requirements may obtain a notification form from the Department which shall be accurately completed, signed, dated and returned to the Department.

4.1.3 Owners and Operators shall provide notification for each UST. Owners and Operators may provide notice for multiple USTs at a single Facility using one notification form. Owners with USTs located at more than one Facility shall file a separate notification form for each Facility.

4.1.4 Registration of UST Facilities shall be renewed on or before February 1 of every year from the date of the last valid Registration Certificate and until the Department receives a formal notice that the UST Facility has been Removed or Closed In Place or that the ownership of the Facility has been transferred. Registration shall be automatically renewed by the Department upon receipt of the annual Tank registration fee. Nonpayment of fees shall render the Registration Certificate invalid.

4.1.5 The Owner shall sign and date all UST registration submittals.

4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form including change of address, change in UST System status including Removal, Closure In Place, Change In Service, or Change In Substance Stored, Retrofit, or Upgrade at least 14 Days prior to the change.

4.1.7 No Person shall accept delivery of a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department.

4.1.8 No Person shall deposit a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department.

4.1.9 Any Person who sells an UST System shall notify the new Owner and Operator of the UST System registration requirements of Part A, subsection 4.4.

4.2 Registration Fees

4.2.1 On or before February 1 of each calendar year, Owners and Operators of UST Systems shall pay an annual per Underground Storage Tank registration fee in accordance with 7 Del.C. § 7418.

4.2.2 Consumptive Use Heating Fuel UST Systems are subject to the Tank registration fee in 7 Del.C. § 7418 as follows:

4.2.2.1 Consumptive Use Heating Fuel UST Systems with a storage capacity greater than 1,100 gallons and less than or equal to 2,000 gallons are subject to the annual tank registration fee beginning January 1, 1989 and ending May 14, 1993.

4.2.2.2 Consumptive Use Heating Fuel UST Systems with a storage capacity greater than 2,000 gallons are subject to the annual tank registration fee beginning January 1, 1989.

4.2.3 No annual registration fee will be required if an UST System is Removed or Closed In Place prior to the February 1 deadline for payment of the UST fee. To qualify for this exemption, the Owner and Operator of the UST System shall comply with the notification and Removal or Closure In Place requirements of these Regulations.

4.3 Registration Certificate

4.3.1 The Department shall issue a valid Registration Certificate for each UST Facility upon initial registration or notification of Change In Service or change in ownership. The Owner and Operator of the UST Facility shall display a current and valid Registration Certificate on the premises of the UST Facility at all times. The Registration Certificate shall be made available for inspection upon request by any authorized local, state or federal representative.

4.4 Transfer of Ownership of UST Systems Notification Requirements

4.4.1 Any Person who sells a UST System intended to be used as an UST System shall notify the purchaser of such UST System of the new Owner's notification obligations under these Regulations.

4.4.2 Any Person who assumes ownership of an UST System from a previous registrant shall complete and return to the Department a new notification form and a transfer of ownership form with documentation of compliance with the financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale for the property no later than 30 Days after the transfer. The Owner and Operator may redact the sale price listed in the executed bill of sale.

4.4.3 The new Owner and Operator may operate the UST System for no more than 72 hours after assuming ownership without the Department having received the new notification form and a transfer of ownership form with documentation of compliance with the financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale.

4.4.4 The seller or former Owner shall, at the time of transfer of ownership, deliver to the new Owner all available documents and information relevant to the UST System, as described in Part A, subsections 5.1.3 and 5.1.4.

4.4.5 Any change in the structure of the UST Owner, including any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.

4.5 Multiple Use USTs Notification Requirements

4.5.1 Owners and Operators shall provide written notification to the Department when UST Systems are to be used for multiple purposes.

4.5.2 UST Systems storing one Regulated Substance utilized for multiple purposes including petroleum used for heating buildings and fueling emergency generators and diesel fuel used for fueling vehicles and heating buildings, shall meet the more stringent requirements for installation, Release Detection, spill and overfill prevention, corrosion protection and financial responsibility requirements in Parts A, B, C, D, F, H, and I of these Regulations.

4.6 Installation Notification Requirements

4.6.1 No Person shall install an UST System used for storing Regulated Substances without prior written approval from the Department.

4.6.2 UST System Owners and Operators shall notify the Department of the planned installation of all UST Systems used for storing Regulated Substances, at least 30 Days prior to installation. Notice shall include information as required in Parts B, C or D of these Regulations.

4.6.3 Upon notification by the Owner and Operator, a review by the Department of the notification and accompanying documents shall be made for compliance with these Regulations.

4.6.4 A formal letter of approval or denial of the installation shall be issued by the Department to the Owner.

4.6.5 The Owner and Operator shall comply with all requirements stated by the Department in the installation approval letter.

4.6.6 If within the 30 Day notification period, the Department or its designee issues a formal letter of approval, the installation of the UST System may begin.

4.6.7 If a denial is issued, the Plan may be re-submitted provided all corrections required by the Department have been made.

4.6.8 During construction, an Owner or Operator shall not cause or allow a design change which is not in accordance with the approved plans and all terms and conditions of the Department's approval.

4.6.9 A formal approval of installation shall be valid for one year from the date of approval. If installation of the UST System is not completed within one year of issuance of the Department's letter of approval, the approval shall lapse.

4.6.10 Department approval for installation of an UST System shall not eliminate the need to obtain applicable approvals and permits from the authority or authorities enforcing the Delaware Fire Prevention Commission Regulations, local building codes or other State or Federal or Local rules or regulations.

4.6.11 Owners and Operators shall certify that they are in compliance with the financial responsibility requirements in Part F of these Regulations prior to a Regulated Substance being placed in the UST system. If an insurance or risk retention group coverage mechanism is used to comply with the financial responsibility requirements in Part F, such certification requires submission of an insurance or risk retention group coverage documents, including a copy of the complete insurance policy and any endorsements, and the Certificate Of Insurance (Form D) and UST Schedule (Form R).

4.6.12 At the completion of the UST System installation, the Owner and Operator shall not commence operation of the UST System without written approval and receipt of a valid Registration Certificate from the Department.

4.7 Repair, Retrofit and Upgrade Notification Requirements

4.7.1 UST Systems Owners and Operators shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require post-construction testing in accordance with Part A, subsection 15.8, at least 14 Days prior to the proposed date of construction. The Department shall approve or deny the construction work within 14 Days of receipt of the notification form and construction plans.

4.7.2 UST Systems Owners and Operators shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require Tier 0 soil sampling and analysis in accordance with Part A, subsection 15.12, at least 14 Days prior to the proposed date of construction. The Department shall approve or deny the construction work within 14 Days of receipt of the notification form and construction plans.

4.7.3 The Repair, Retrofit or Upgrade construction may proceed after the Department has acknowledged receipt of the notification form and has approved the Repair, Retrofit or Upgrade construction plans.

4.7.3.1 If the Repair, Retrofit, or Upgrade is aboveground or within a Containment Sump and the Owner or Operator does not receive approval from the Department within 14 Days, the Owner or Operator may commence construction work for Repair, Retrofit, or Upgrade provided that:

4.7.3.1.1 The Owner or Operator notifies the Department 2 Days prior to the commencement of Repair, Retrofit or Upgrade construction work; and

4.7.3.1.2 The Owner or Operator shall recognize that any actions taken without prior approval is at the risk of the Owner or Operator and does not absolve the Owner or Operator of the obligation to comply with all applicable requirements of the Regulations.

4.7.4 UST System Owners and Operators shall notify the Department 2 Days prior to the commencement of Repair, Retrofit or Upgrade construction work after receipt of the Department's approval of the Repair, Retrofit or Upgrade construction plans unless otherwise directed by the Department.

4.7.5 If the Repair, Retrofit or Upgrade construction work has not begun within 90 Days of receipt of the Department's approval, a new notification form shall be submitted to the Department.

4.8 Removal, Closure In Place, Change In Service and Change in Substance Stored Notification Requirements

4.8.1 UST System Owners and Operators shall notify the Department of all scheduled UST System Removals, UST System Closures In Place, UST System Changes In Service, or UST Changes in Substance Stored on a form provided by the Department. The notification form shall be completed and signed by the Owner and shall be received by the Department at least 14 Days prior to beginning the Removal, Closure In Place, Change In Service or Change in Substance Stored of the UST System.

4.8.2 Removal, Closure In Place, Change In Service or Change in Substance Stored of an UST System without the required 14 Day notification to the Department is prohibited. If such action is in response to an Imminent Threat to human health, safety or the environment, the Owner or Operator shall notify the Department in accordance with Part E, subsection 1.3.

4.9 Posting of Approval Letters and Change in Schedule of Construction

4.9.1 A copy of all Department approvals and permits shall be kept at the UST site and be available to Department representatives upon request. UST installation, Retrofit or Upgrade work may be halted for failure to maintain a copy of approvals and permits at the construction site.

4.9.2 Any change in the schedule of work shall be communicated to the Department a minimum of 2 Days prior to the new scheduled date of work. All schedule changes shall be approved by the Department.

4.10 UST System Tightness Test Failure Reporting Requirements

4.10.1 Results of any UST System which fails an UST System tightness test shall be reported to the Department within 24 hours by the Owner and Operator and the UST System test contractor. A copy of the test result(s) shall be sent to the Department within 7 Days of the test failure. The UST System tightness test failure shall be investigated in accordance with Part E, Section 2.0.

4.10.2 The Department reserves the right to request confirmatory system tightness tests to verify any test results submitted by an Owner, Operator, or contractor.

7 Del. Admin. Code § 1351-A-4.0

23 DE Reg. 581 (1/1/2020)
24 DE Reg. 806 (2/1/2021)
27 DE Reg. 533 (1/1/2024) (Final)