Section 58.01.07.500 - DELIVERY PROHIBITION01.Classification as Ineligible. The Department will classify a UST as ineligible for delivery, deposit, or acceptance of a regulated substance as soon as practicable after the Department determines one (1) or more of the following is not installed:a. Spill prevention equipment;b. Overfill protection equipment;c. Leak detection equipment; ord. Corrosion protection equipment.02.Warning of Violations. The Department may classify a UST as ineligible for delivery, deposit, or acceptance of a regulated substance if the owner or operator of the tank has been issued a written warning for failure to comply with any of the following items, and the owner or operator fails to initiate corrective action within thirty (30) days of the issuance of the written warning, unless the deadline is extended by the Department:a. Properly operate or maintain leak detection equipment;b. Properly operate or maintain spill, overfill, or corrosion protection equipment; orc. Maintain financial responsibility.03.Service of Notice. If the Department classifies a UST as ineligible for delivery, deposit, or acceptance of a regulated substance pursuant to Subsections 500.01 or 500.02, the Department will provide a written notice of the determination to the owner or operator prior to prohibiting the delivery, deposit, or acceptance of a regulated substance. Notice is considered properly served by the Department in any of the following ways: a. Personally delivered to the owner or operator; orb. Clearly posted at a public entrance to the facility where the UST is located and a copy sent by certified mail to the last known address of the owner or operator.04.Red-Tagging. Once service of the written notice of the ineligible determination is complete, the Department will:a. Attach a red tag to each fill pipe of the ineligible UST clearly identifying the tank as ineligible;b. Maintain a list of all USTs that are classified as ineligible;05.Written Notice. The written notice required by Subsection 500.03 must include: a. The specific reasons or violations that led to the ineligible classification;b. A statement notifying the owner and operator that the UST is ineligible for delivery and it is unlawful for any person to deliver to, deposit into, or accept a regulated substance into the UST;c. The effective date the UST is deemed ineligible for delivery;d. The name and address of the department representative to whom a written request for re-inspection can be made, if a re-inspection is necessary;e. A statement regarding the right to appeal the Department's action regarding ineligible classification pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules for Protection and Disclosure of Records"; andf. The option to request a compliance conference pursuant to Subsection 500.06.06.Compliance Conference. The owner or operator may request a compliance conference with the Department within fifteen (15) days of receipt of the notice. A compliance conference will be scheduled within twenty (20) days and conducted in an informal manner by the Department. At the compliance conference, the owner or operator may explain why he believes the UST should not be classified as ineligible. During the compliance conference, the owner or operator and the Department will identify and establish appropriate acts and a time schedule for compliance as necessary.07.Duration of Ineligible Classification. The classification of a UST as ineligible remains in effect until the conditions cited in the notice no longer exist. If the Department determines that an ineligible storage tank has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance, the Department or an authorized designee will: a. As soon as practicable, remove the red tag from the UST;b. Remove the UST from the ineligible list posted on its website; andc. Send a written notice to the owner and operator that an ineligible storage tank has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance.08.Declining Classification. The Director may decline to classify a UST as ineligible if the Director decides that it is not in the best interest of the public.a. The Director may only defer application of delivery prohibition for up to one hundred eighty (180) days after determining a UST is ineligible.b. The Director may authorize the delivery, deposit, or acceptance of product into an ineligible UST if such activity is necessary to test or calibrate the UST or dispenser system.09.Department Authority. Nothing in Section 500 will affect or preempt the authority of the Department to prohibit the delivery, deposit, or acceptance of a regulated substance to a UST under other existing authorities.10.Proper Notice. A person will not be in violation of Section 39-8809(1), Idaho Code, if the Department fails to provide the notice described in Subsections 500.03 and 500.04.11.Unlawful to Tamper with Red Tag. It is unlawful for any person to tamper with or remove the red tag without the Department's approval.Idaho Admin. Code r. 58.01.07.500