7 Del. Admin. Code § 1351-A-7.0

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

Section 1351-A-7.0 - Information Access

7.1 General Requirements

7.1.1 For the purpose of developing or assisting in the development of a standard regulation or enforcement of these Regulations, an Owner or Operator shall, upon the request of a duly designated officer or employee of the State designated by the Secretary of the Department, furnish information relating to the UST System and its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the UST System or its contents and to conduct monitoring or require remediation activities, pursuant to 7 Del.C. Chapter 74, The Delaware Underground Storage Tank Act, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or enforcement of these Regulations, the designated officer or employee is authorized to:

7.1.1.1 Enter at reasonable times the Facility or other place where an UST or its records are located. The Owner and Operator shall permit unannounced inspections of UST Systems pursuant to these Regulations; and

7.1.1.2 Inspect and obtain samples of Regulated Substances from any Person and to conduct monitoring of the UST System, contents, or surrounding soils, water, and air. An inspection shall be commenced and completed with reasonable promptness.

7.1.2 In submitting data under 7 Del.C. Chapter 74, The Delaware Underground Storage Tank Act, and these Regulations, a Person required to provide such data may:

7.1.2.1 Designate the data which the Person believes is entitled to protection as business or corporate property; and

7.1.2.2 Submit such designated data separately from other data submitted under these Regulations.

7.1.3 Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 § 1905, Disclosure of Confidential Information Generally.

7.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A, Section 8.0 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.

7 Del. Admin. Code § 1351-A-7.0

23 DE Reg. 581 (1/1/2020) (final)