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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2016

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7 DE Admin. Code 1351
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006, 6010, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding.
This Order relates to proposed regulation Amendments to 7 DE Admin. Code 1351: Delaware Regulations Governing Underground Storage Tank Systems. The Department's Division of Waste and Hazardous Substances, Tank Management Section, commenced the regulatory development process with Start Action Notice 2015-04 dated June 24, 2015. The Department published its initial proposed regulation Amendments in the November 1, 2015 Delaware Register of Regulations. The Department then held a public hearing on December 1, 2015. Consistent with 29 Del.C. §10118(a), the public hearing record remained open for public comment through December 16, 2015.
The purpose of this proposed regulatory promulgation is to adopt as final the aforementioned proposed Amendments to the Delaware Regulations Governing Underground Storage Tank Systems ("Amendments"), in order to remain consistent with current Delaware law. Specifically, DNREC is taking this action to clarify several issues resulting from amending 7 Del.C. Ch. 74, the Delaware Underground Storage Tank Act, in October of 2014 (note: said amendments have an effective date of January 1, 2016), to wit: (1) amend the existing regulatory language concerning cleanup liability relating to releases from USTs from the proximate cause standard to that of strict (joint and several) liability, effective January 1, 2016; (2) update the ways by which owners and operators of UST facilities currently and in the future may manage and reduce their cleanup liability; (3) add regulatory language that describes "All Appropriate Inquiry for Residential Properties"; and (4) clarify how the Department will use environmental covenants and deed notices to ensure the long term stewardship of leaking underground storage tank sites that are either undergoing or have had corrective actions completed in the past.
Based on the record developed by the Department's experts and established by the Hearing Officer's Report, I find that the proposed regulatory Amendments to 7 DE Admin. Code 1351: Delaware Regulations Governing Underground Storage Tank Systems are well-supported. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed regulatory Amendments be promulgated as final.
1. The Department has the statutory basis and legal authority to act with regard to the proposed Amendments to 7 DE Admin. Code 1351: Delaware Regulations Governing Underground Storage Tank Systems, pursuant to 7 Del.C. Ch. 74;
2. The Department has jurisdiction under its statutory authority, pursuant to 7 Del.C. Ch. 60, to issue an Order adopting these proposed regulatory amendments as final;
6. The Department has reviewed these proposed regulatory Amendments in the light of the Regulatory Flexibility Act, consistent with 29 Del.C. Ch. 104 (version applicable to all regulations initially published on or before December 31, 2015), and believes the same to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
7. The Department's proposed regulatory Amendments, as published in the November 1, 2015 Delaware Register of Regulations, and as set forth in Appendix "A" as noted above, are adequately supported, are not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they are approved as final regulatory amendments, which shall go into effect ten days after their publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving as final the proposed Amendments to 7 DE Admin. Code 1351: Delaware Regulations Governing Underground Storage Tank Systems to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
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.
1.2.1 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 (20) herein unless specifically exempted. The following UST Systems shall only be subject to the requirements of Part A §4.10, and Part B §4.6, and Part C §4.5, and Part D §3.6, and Part E of these Regulations:
"Above Ground Release" means any Release to the surface of the land or to surface water. This includes, but is not limited to, Releases from the above ground portion of an UST System and Above Ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an UST System.
"Accidental Release" means any sudden or non-sudden release of Regulated Substance from an UST System that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank Owner or Operator.
"Agricultural/Farm Tank" is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. An agricultural/farm tank shall be located on the farm property. "Agricultural/Farm" includes fish hatcheries, rangeland and nurseries with growing operations.
"Airport Hydrant Fuel System" means a fuel distribution system utilizing underground Piping that supplies vertical Pipe dispensing points located in flush, surface mounted, below grade pits.
"Ancillary Equipment" means any devices including, but not limited to, such devices as Piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of Regulated Substances to and from an UST.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Below Ground Release" means any Release to the subsurface of the land and to groundwater. This includes, but is not limited to, Releases from the below ground portions of an UST System and below ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an Underground Storage Tank System.
"Beneath the Surface of the Ground" means beneath the ground surface or otherwise covered with earthen materials.
"Bodily Injury" shall have the meaning given to this term by state law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.
"Cathodic Protection" means a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell. Protection can be accomplished by means of an impressed current system or a Sacrificial Anode system.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.
"Change In Service" means a change in status of the UST System from either In Service to Out Of Service or a change in status of the UST System from Out Of Service to In Service.
"Change in Substance Stored" means the exchange of one substance stored in an UST System for another.
"Chief Financial Officer" in the case of local government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government.
"Class A Operator" means an individual having primary responsibility for the overall operation and maintenance of an UST System.
"Class B Operator" means an individual having responsibility and direct control over daily on-site operation and maintenance of an UST System.
"Class C Operator" means an individual, on-site employee having primary responsibility for addressing emergencies presented by a Release from an UST System.
"Closed In Place" means the cleaning and filling of an UST System through the use of prescribed techniques to render it permanently unfit for service.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST System under conditions likely to be encountered in the UST System.
"Connected Piping" means all Piping including valves, elbows, joints, flanges, and flexible connectors attached to an UST System through which Regulated Substances flow. For the purpose of determining how much Piping is connected to any individual UST System, the Piping that joins two UST Systems should be allocated equally between them.
"Consumptive Use" with respect to Heating Fuel means consumed On The Premises Where Stored for non commercial purposes.
"Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is used solely for the operation of equipment used for the generation of heat, is connected directly or via a day tank to the heat generating equipment, and is for Consumptive Use On The Premises Where Stored.
"Containment Sump" means Product Tight under dispenser, Piping and Underground Storage Tank top structures, enclosing equipment or Piping or used for Release Detection, such that there are no pathways for Regulated Substances to enter the environment.
"Controlling Interest" means direct ownership of at least fifty (50) percent of the voting stock of another entity.
"Corrective Action" means the sequence of actions, or process, that includes confirming a release, site assessment, interim remedial action, remedial action, monitoring, and termination of the remedial action.
"Department" means the Department of Natural Resources and Environmental Control.
"Dielectric Material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST Systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST System (e.g., Tank from Piping).
"Domestic Well" means a well primarily used for potable non-public water supply purposes and which may be used for non-potable purposes, excluding heat pump supply.
"Effective Date" means the most recent date of Promulgation of these Regulations.
"Electrical Equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
"Electrically Isolated" means the electrical separation of the Underground Storage Tank from the Piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.
"Excavation Zone" means the volume containing the UST System and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST System is placed at the time of installation.
"Facility" means any location or part thereof containing one or more Underground Storage Tank Systems.
"Financial Reporting Year" means the latest consecutive twelve month period for which any of the following reports used to support a financial test is prepared:
"Flow-Through Process Tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-Through Process Tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by products from the production process.
"Gathering Lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
"Hazardous Substance" means a substance as defined in 101(14) of the CERCLA, or any mixture of such hazardous substance and petroleum, but not including any substance regulated as a hazardous waste under RCRA Subtitle C.
"Hazardous Substance UST System" means an UST System that contains a hazardous substance defined in 101(14) of the CERCLA, but not including any substance regulated as a hazardous waste under RCRA Subtitle C, or any mixture of such substances and petroleum, and which is not a Petroleum UST System.
"Heating Fuel" also known as heating oil, means petroleum that is one of eight technical grades. These grades are: No. 1; No. 2; No. 4 light; No. 4 heavy; No. 5 light; No. 5 heavy; No. 6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels used as substitutes for one of these fuels such as kerosene, Used Oil diesel or biodiesel when used for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
"Hydraulic Lift Tank" means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
"Impervious Material" means a material of sufficient thickness, density and composition that is impenetrable to the Regulated Substance, has a permeability of less than 1 X 10 7 cm/sec., and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any Regulated Substance for a period of at least as long as the maximum anticipated time during which the Regulated Substance will be in contact with the material.
"Industrial Well" means a well which is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages.
"In Service" means an UST System which is not abandoned, contains Regulated Substances and/or has Regulated Substances regularly added or withdrawn.
"Legal Defense Cost" means any expense that an Owner or Operator or provider of financial assurance incurs in defending against claims or actions brought by:
"Liquid Trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These Liquid Traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
"LNAPL" means a Light Non-Aqueous Phase Liquid having a specific gravity less than one (1) and composed of one or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential occurrences of LNAPL including free, mobile, and residual.
"Free LNAPL" means LNAPL that is hydraulically connected in the pore space and has the potential to be mobile in the environment.
"LNAPL Body" means the 3-dimensional form and distribution of LNAPL in the subsurface existing in any phase.
"LNAPL Conceptual Site Model (LCSM)" means a model describing the physical properties, chemical composition, occurrence and geologic setting of the LNAPL body from which estimates of flux, risk and potential remedial action can be generated. The LCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered remedial action processes, or additional site knowledge.
"Mobile LNAPL" means free LNAPL that is moving laterally or vertically in the environment under prevailing hydraulic conditions. The result of the LNAPL movement is a net mass flux from one point to another. Not all free LNAPL is mobile, but all mobile LNAPL must be free LNAPL.
"Residual LNAPL" means LNAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual LNAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual LNAPL saturation is a function of the initial or maximum LNAPL saturation and the porous medium.
"Local Government" shall have the meaning given this term by applicable state law and includes Indian tribes. The term is generally intended to include:
"Maintenance" means the operational upkeep as described by manufacturer's recommendations or the Department requirements to prevent an UST System from releasing product.
"Monitor Well" means a well installed in accordance with Delaware's Regulations Governing the Construction of Water Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or other substance that includes motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, alternative fuels including but not limited to ethanol, methanol or biodiesel and is typically used in the operation of a motor engine.
"Motor Oil" means a petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.
"NACE" means National Association of Corrosion Engineers.
"NFPA" means National Fire Protection Association, Inc.
"Non Commercial Purposes" means the product in the UST System is not used for any activities that result in monetary gain.
"Non-Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is not solely for Consumptive Use On The Premises Where Stored.
"Observation Tube" means a leak detection device placed within the Excavation Zone which reaches the water table and can be inspected periodically to determine whether contamination of the aquifer by a Regulated Substance has occurred.
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from an UST System. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence."
"On The Premises Where Stored" with respect to Heating Fuel means UST Systems located on the same property where the stored Heating Fuel is used.
"Operational Life" refers to the period beginning when installation of the UST System has commenced until the time the UST System is properly Removed or Closed In Place in accordance with the requirements of these Regulations.
"Operator" means any Person who has responsibility for the care, custody, and control of the daily operation of an UST System, including but not limited to responsibility conferred by lease, contract or other form of authorization agreement. An Operator's duties and responsibilities under 7 Del.C. Chapter 74 and these Regulations continue regardless of whether the UST System is in fact operational.
"Out Of Service" means an UST System which:
"Overfill Release" is a Release that occurs when an Underground Storage Tank is filled beyond its capacity, resulting in a discharge of the Regulated Substance to the environment.
"Owner" means a Person who has or has had a legal interest in a Facility or UST System, or who has or has had an equitable interest in a Facility or UST System, except when a Person holds an interest in an UST System as a security interest, unless through foreclosure or other such action the holder has taken possession of or operated the UST System; and in the case of an UST System in use on November 8, 1984, or brought into use after that date, any Person who owns an UST System used for storage, use, or dispensing of Regulated Substances; and in the case of any UST System in use before November 8, 1984 but no longer in use on that date, any Person who owned such UST System immediately before the discontinuation of its use.
"Person" means any individual, entity, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body, a consortium, a joint venture, a commercial organization, and the United States Government.
"Person in Charge" means the UST Owner or Person designated by the UST Owner, an UST Operator, or any Person delivering Regulated Substance to an UST, as the one with direct supervisory responsibility for an activity or operation at a Facility, such as the transfer of a Regulated Substance to or from any point in the Facility.
"PEI" means Petroleum Equipment Institute.
"Petroleum Marketing Facility" means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.
"Petroleum Marketing Firm" means all firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be Petroleum Marketing Firms.
"Pipe" or "Piping" or “Line” means an impermeable hollow cylinder or tubular conduit that conveys or transports Regulated Substances, or is used for venting, filling, or vapor recovery of Regulated Substances.
"Pipeline Facilities" are new and existing Pipe right-of-ways and any associated equipment including Gathering Lines, facilities, or buildings.
"Positive Pressurized Delivery System" means a Regulated Substance delivery system in which part or all of the system is continuously under pressure greater than the atmospheric pressure.
"Precision Test" means a test capable of detecting a Release and that is approved by the EPA and meets or exceeds NFPA 329, Underground Leakage of Flammable and Combustible Liquids.
"Product Tight" means under dispenser containment and UST top sumps that are impervious to the substance contained, or to be contained, so as to prevent seepage of Regulated Substance from the containment into the environment.
"Property Damage" shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
"Provider of Financial Assurance" means an entity that provides financial assurance to an Owner or Operator of an underground storage tank through one of the mechanisms listed in these Regulations, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
"Public Well" means a well which is used to supply water to more than three (3) dwelling units; twenty-five (25) or more employees; in the manufacture of ice, foods, or beverages; to the public in food washing, processing, or preparation in a plant, restaurant, or other facility.
"RCRA" means the Resource Conservation and Recovery Act of 1976 as amended.
"Registration Certificate" means a document issued by the Department to implement the registration and notification requirements of these Regulations.
"Regulated Substance" means a liquid that contains:
(c) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute), including without limitation, petroleum and substances containing petroleum comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as Motor Fuels, Motor Oil, Heating Fuel, residual fuel oils, lubricants, petroleum solvents, Used Oils, and biodiesel; or
"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a Regulated Substance into groundwater, surface water, air or soils that is not permitted by law, regulation or permit.
"Release Detection" means a method or process of determining whether a Release of a Regulated Substance has occurred from the UST System into the environment or into the interstitial space between the UST System and its secondary barrier or Secondary Containment around it.
"Remedial Action" means activities conducted to protect human health, safety, and the environment. These activities include evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment.
"Removal" or "Removed" means the process of removing and disposing of an UST System, through the use of prescribed techniques for the purging of residues and vapors and removal of the vessel from the ground.
"Repair" means to restore or replace an UST System component that is not functioning per manufacturer's specifications or Department requirements.
"Residential Tank" is a tank located on a single family property used primarily for dwelling purposes.
"Responsible Party" means any Person who:
"Retrofit" means to modify an UST System to meet standards contained in these Regulations.
"Sacrificial Anode" means a device to reduce or prevent corrosion of a metal in an electrolyte by galvanic coupling to a more anodic metal.
"Secondary Containment" means a system installed to prevent any volume of Regulated Substance Released from the Tank and Piping system from reaching the soils or water outside the system for the anticipated period of time necessary to detect and recover the Released substance.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.
"Septic Tank" is a water tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
"Site Assessment" means to measure for the presence of a Release where contamination is most likely to be present at an UST site. Selection of sample types, sample locations and measurement methods shall be based on the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment is not restricted to the property containing the UST System.
"State" means the State of Delaware.
"Storm Water" or "Wastewater Collection System" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
"Substantial Business Relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST Release such as coterminous boundaries, overlapping constituencies, common ground water aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.
"Surface Impoundment" means a natural topographic depression, man made excavation, or diked area formed primarily of earthen materials (although it may be lined with man made materials), that is not an injection well.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.
"Tank" means that portion of an Underground Storage Tank System that consists of the stationary containment vessel designed to contain an accumulation of Regulated Substances and does not include any connected Piping or Ancillary Equipment.
"Termination" in §3.3, Form C and §3.4, Form D of Part F means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date of the original policy.
"UL" means Underwriters Laboratories.
"Underground Area" means an underground room, such as a basement, cellar, shaft or vault, providing enough space to permit physical inspection of the entire UST situated on or above the surface of the floor.
"Underground Release" means any below ground Release.
"Underground Storage Tank" or "UST" means any one or combination of Tanks including underground Pipes connected thereto, which is used to contain an accumulation of Regulated Substances, and the volume of which, including the volume of underground Pipes connected thereto, is 10 percent or more beneath the surface of the ground. Such term does not include any:
"Underground Storage Tank System" or "UST System" means an Underground Storage Tank, connected underground product, vent, and vapor recovery Piping and its associated Ancillary Equipment, containment systems, and all appurtenances including but not limited to spill containment systems, overfill prevention systems, and Release detection systems.
"Used Oil" means a petroleum based or synthetic oil used as an engine lubricant, engine oil, Motor Oil or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
"Used Oil UST System" means an UST System used for storing Used Oil and its associated Ancillary Equipment and containment system.
"Upgrade" means the addition of a component to improve the ability of an UST System to prevent or detect the Release of Regulated Substances from the UST System.
"U-Tube" means a Release Detection device placed under the longitudinal axis of an UST in an excavation which is always above the water table, and that can collect Regulated Substances released from an UST and can be inspected periodically to determine if a Release of a Regulated Substance has occurred.
"Vadose Zone Vapor Detection Tube" means a Release Detection device placed within the tank field which does not reach the water table and can be continuously monitored by electronic means or periodically inspected for vapors emanating from released Regulated Substances.
"Wastewater Treatment Tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
3.3.1.1 Specification Number 12F, Shop Welded Tanks for Storage of Production Liquids
3.3.1.2 RP 1604, Closure of Underground Petroleum Storage Tanks
3.3.1.3 RP 1615, Installation of Underground Petroleum Storage Systems
3.3.1.4 RP 1621, Bulk Liquid Stock Control at Retail Outlets
3.3.1.5 RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks
3.3.1.6 RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks
3.3.1.7 RP 1635, Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities [final edition, now out of print]
3.3.1.8 RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals
3.3.1.9 RP 1646, Safe Work Practices for Contractors Working at Retail Petroleum/Convenience Facilities
3.3.1.10 IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fueling Equipment
3.3.1.11 RP 1626, Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Service Stations
3.3.1.12 Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks
3.3.1.13 RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks
3.3.2.1 RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection
3.3.2.2 TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems
3.3.2.3 RP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems
3.3.3.1 NFPA 30, Flammable and Combustible Liquids Code
3.3.3.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages
3.3.3.3 NFPA 31, Standard for the Installation of Oil Burning Equipment
3.3.3.4 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases
3.3.3.5 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids
3.3.4.1 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks
3.3.5.1 RP100, Recommended Practices for Installation of Underground Liquid Storage Systems
3.3.5.2 RP300, Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites
3.3.6.1 STI P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks
3.3.6.2 F-841, Standard for Dual Wall Underground Steel Storage Tanks
3.3.6.3 F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks
3.3.6.4 F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks
3.3.6.5 R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs
3.3.6.6 F-922, Specification for Permatank®
3.3.7.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids
3.3.7.2 UL 1316, Standard for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures
3.3.7.3 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks
3.3.7.4 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids
3.3.7.5 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas
3.3.8.1 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces
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 must be accurately completed, signed, dated and returned to the Department.
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(ies) enforcing the Delaware Fire Prevention Commission Regulations, local building codes or other State or Federal or Local rules or regulations.
4.8.1 Change in Substanced Stored UST System Owners and Operators shall notify the Department of all scheduled UST System Removals, UST System Closures In Place, or 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 must be received by the Department at least ten (10) days prior to beginning the Removal, Closure In Place, Change In Service or UST Change in Substance Stored of the UST System, unless such action is in response to an imminent threat to human health, safety or the environment.
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:
9.1.1.2 "No person shall remove, deface, alter or otherwise tamper with this Delivery Prohibition Tag. This Delivery Prohibition Tag is affixed by the Tank Management Branch, Delaware Department of Natural Resources and Environmental Control, pursuant to Part A, §§9.1.1. through 9.1.15. of the Regulations Governing Underground Storage Tank Systems, as amended. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411." Contact information for the Tank Management Branch shall be included on the Delivery Prohibition Tag.
9.1.2 "Violation that poses an imminent threat" means a violation of the Regulations Governing Underground Storage Tank Systems, or 7 Del.C. Ch. 60 or 74, that poses an imminent threat to human health or safety or the environment, or that creates a substantial probability of harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment.
9.1.12 Upon determination by the Tank Management Branch of a violation of the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Ch. 60 or 74, other than a violation that poses an imminent threat, the Branch may give written notice to the Owner or Operator of the following: The violation(s), the scheduling of an Expedited Evidentiary Hearing, and the preliminary intention to affix a Delivery Prohibition Tag at the conclusion of the Expedited Evidentiary Hearing, subject to consideration of the evidence submitted and any other pertinent considerations. This notice shall be received by the Owner and Operator at least thirty (30) days before the date of the Expedited Evidentiary Hearing.
9.1.14 The Owner or Operator may appeal an adverse determination from the Expedited Evidentiary Hearing by requesting a public hearing pursuant to the procedural provisions for a public hearing found in 7 Del.C. Ch. 60 and 74. The request for a public hearing shall be made by the Owner or Operator to the Secretary's Office in writing within thirty (30) days of receipt of an adverse determination of the Expedited Evidentiary Hearing. The public hearing may be consolidated with any public hearing requested of Release Prevention Regulations underlying the Delivery Prohibition Tag.
10.1.12 Owners and Operators shall ensure that Aall Class C Operators are trained in emergency response procedures specific to the Facility prior to assuming Class C Operator responsibilities.
1.3.2.1 PEI RP100, Recommended Practices For Installation Of Liquid Storage Systems.
1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
1.3.2.3 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.6.1 Cathodically Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the applicable industry standards, including but not limited to the following:
1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.6.1.3 STI-P3, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.6.1.5 STI R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs.
1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures.
1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.8.1.3 STI F-922, Specification for Permatank®.
1.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
1.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.10.4 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.11.2 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.13.4.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy; and
1.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
1.15.1.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.15.1.4 UL Standard 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.15.1.5 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-connection Fittings for Petroleum Products and LP-Gas.
1.15.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.16.2.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.16.2.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-connection Fittings for Petroleum Products and LP-Gas.
1.16.2.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.16.2.4 NFPA 30, Flammable and Combustible Liquids Code.
1.16.2.5 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.16.2.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.21.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
1.21.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
1.21.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
1.22.2 The Person In Charge of the transfer of Regulated Substance to the UST shall adhere to proper safety precautions and procedures for transfer as found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids and API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
1.23.1.2.1 All fill and vapor recovery covers shall be marked consistent with API RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals or API IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuel Equipment; and
1.24.1.1.1 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.24.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.
1.24.1.1.3 NFPA 30, Flammable and Combustible Liquids Code;
1.24.1.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.24.2.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the manufacturer's specifications and shall include the following:
1.24.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
1.24.2.11 The use of alternate methods of monitoring shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
1.32.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
1.32.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
1.32.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
2.2.2 Private/ and public drinking water wells, rivers, streams, lakes, canals, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
2.3.2.1 PEI, RP 100, Recommended Practices for Installation of Liquid Storage Systems.
2.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
2.3.2.3 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.6.1 Cathodically protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
2.6.1.1 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks.
2.6.1.2 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.6.1.3 UL 58, Standard for Steel Underground Storage Tanks for Flammable and Combustible Liquids.
2.6.1.4 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.6.1.5 STI, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
2.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures.
2.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.8.1.3 STI F-922, Specification for Permatank®.
2.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
2.8.1.5 STI F-961, ACT -100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
2.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
2.9.6.2 A network of Observation Tubes shall be placed within the excavation of the Tank field without the use of conventional well drilling methods during the installation of an UST and without the need for the installer to obtain a water well contractor's license, pay a monitoring well permit fee, obtain a monitoring well permit, or submit a well completion report to the Department as required in the Delaware Regulations Governing the Construction and Use of Wells. The Observation Tube however, shall meet the remaining standards set forth in the Department's Regulations Governing the Construction and Use of Wells including the requirement for installation of the tube to a depth of at least five (5) feet below the water table. This exception from the standard monitoring well construction criteria pertains only to Observation Tubes placed within the UST excavation pit.
2.9.7.2 All testing of UST Systems shall be conducted in accordance with the Precision Test methods and procedures specified in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy.
2.9.7.6 If the UST System fails NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, criteria Owners and Operators and the UST System test contractor shall report tank test failure to the Department within twenty-four (24) hours and shall submit a paper copy of the test results to the Department within seven (7) days of the test failure. The test results shall include at a minimum the following information:
2.13.3.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy.
2.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
2.15.1.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
2.15.1.4 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks.
2.15.1.5 NACE RP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems.
2.15.1.6 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.15.1.7 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
2.15.1.8 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.17.1.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.17.1.2 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe Connection Fittings for Petroleum Products and LP-Gas.
2.17.1.3 NFPA 30, Flammable and Combustible Liquids Code.
2.17.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.17.1.5 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
2.17.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.22.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
2.22.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
2.22.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
2.23.2 The Person In Charge of the transfer of Regulated Substance to the Tank shall adhere to proper safety precautions and procedures for transfer as found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids or API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
2.25.1.1.1 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection; and
2.25.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems; and
2.25.1.1.3 NFPA 30, Flammable and Combustible Liquids Code; and
2.25.1.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.25.2.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the manufacturer's specifications, and shall include the following:
2.25.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
2.25.2.10 The use of alternate methods of monitoring shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
2.25.3.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the manufacturer's specifications and shall include the following:
2.25.3.4 Owners and Operators shall Repair or replace the impressed current Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection if the impressed current Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the impressed current corrosion protection system.
2.25.3.11 The use of alternate methods of testing shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
2.33.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks; and
2.33.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks; and
2.33.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
2.33.3.3 Within ten (10) years after lining, and every five (5) years thereafter, Owners and Operators shall conduct an internal inspection of the lined Tank in accordance with NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks, and API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks. At the time of the inspection, the lined Tank shall be structurally sound and comply with the original design specifications. If any damage is found, Repairs shall be made in accordance with standard engineering practice, industry standards and the requirements of these Regulations or the Tank shall be replaced in accordance with the requirements in §1 of this Part.
4.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
4.2.1.2 API RP 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
4.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
5.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
5.2.1.2 API Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
5.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
1.3.2.1 PEI RP 100, Recommended Practices for Installation of Liquid Storage Systems.
1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
1.3.2.3 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.6.1 Cathodically protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.6.1.3 STI P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.6.1.5 STI R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs.
1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures.
1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.8.1.3 STI F-922, Specification for Permatank®.
1.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
1.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.10.4 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.11.2 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.13.4.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases or other test approved by the Department which is of equivalent or superior accuracy; and
1.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
1.15.1.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.15.1.4 UL Standard 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.15.1.5 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.15.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.16.2.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.16.2.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.16.2.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.16.2.4 NFPA 30, Flammable and Combustible Liquids Code.
1.16.2.5 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.16.2.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.21.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
1.21.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
1.21.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
1.22.2 The Person In Charge of the transfer of Heating Fuel to the UST shall adhere to proper safety precautions and procedures for transfer such as those found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids and API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
1.23.1.2.1 All fill covers shall be marked consistent with API RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals; and
1.24.1.1.1 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.24.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.
1.24.1.1.3 NFPA 30, Flammable and Combustible Liquids Code.
1.24.1.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.24.2.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the manufacturer's specifications, and shall include the following:
1.24.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
1.24.2.11 The use of alternate methods of monitoring shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and shall only be used with prior written approval from the Department.
1.29.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
1.29.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
1.29.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
2.3.2.1 PEI RP 100, Recommended Practices for Installation of Liquid Storage Systems.
2.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
2.3.2.3 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.6.1 Cathodically protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
2.6.1.1 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks.
2.6.1.2 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.6.1.3 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.6.1.4 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks.
2.6.1.5 STI- P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
2.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures.
2.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.8.1.2 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.8.1.3 STI F-922, Specification for Permatank®.
2.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
2.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
2.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
2.9.5.2 A network of Observation Tubes shall be placed within the excavation of the Tank field without the use of conventional well drilling methods during the installation of an UST and without the need for the installer to obtain a water well contractor's license, pay a monitoring well permit fee, obtain a monitoring well permit, or submit a well completion report to the Department as required in the Delaware Regulations Governing the Construction and Use of Wells. The Observation Tube however, shall meet the remaining standards set forth in the Department's Regulations Governing the Construction and Use of Wells including the requirement for installation of the tube to a depth of at least five (5) feet below the water table. This exception from the standard monitoring well construction criteria pertains only to Observation Tubes placed within the UST excavation pit.
2.9.6.2 All testing of UST Systems shall be conducted in accordance with the Precision Test methods and procedures specified in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy.
2.9.6.6 If the UST System fails NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, criteria Owners and Operators and the UST System test contractor shall report the tank test failure to the Department within twenty-four (24) hours and shall submit a paper copy of the test results to the Department within seven (7) days of the test failure. The test results shall include at a minimum the following information:
2.13.3.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases or other test approved by the Department which is of equivalent or superior accuracy.
2.15.1.1 NFPA 30, Flammable and Combustible Liquids Code; and
2.15.1.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages; and
2.15.1.3 NFPA 329, Recommended Practices for Handling Releases of Flammable and Combustible Liquids and Gases.
2.15.1.4 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks.
2.15.1.5 NACE RP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems.
2.15.1.6 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.15.1.7 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
2.15.1.8 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.17.1.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.17.1.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
2.17.1.3 NFPA 30, Flammable and Combustible Liquids Code.
2.17.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.17.1.5 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
2.17.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.22.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
2.22.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
2.22.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
2.23.2 The Person In Charge of the transfer of Heating Fuel to the Tank shall adhere to proper safety precautions and procedures for transfer such as those found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids or API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
2.25.1.1.1 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.25.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.
2.25.1.1.3 NFPA 30, Flammable and Combustible Liquids Code.
2.25.1.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
2.25.2.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the manufacturer's specifications, and shall include the following:
2.25.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
2.25.2.10 The use of alternate methods of monitoring shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
2.25.3.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the manufacturer's specifications, and shall include the following:
2.25.3.4 Owners and Operators shall Repair or replace the impressed current Cathodic Protection system in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection if the impressed current Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the impressed current corrosion protection system.
2.25.3.11 The use of alternate methods of testing shall be those described in NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and shall only be used with prior written approval from the Department.
2.31.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
2.31.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
2.31.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
2.31.3.3 Within ten (10) years after lining, and every five (5) years thereafter, Owners and Operators shall conduct an internal inspection of the lined Tank in accordance with NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks and API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks. At the time of the inspection, the lined Tank shall be structurally sound and comply with the original design specifications. If any damage is found, Repairs shall be made in accordance with standard engineering practice, industry standards and the requirements of these Regulations or the Tank shall be replaced in accordance with the requirements in §1 of this Part.
4.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
4.2.1.2 API 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
4.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
5.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
5.2.1.2 API RP 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
5.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
1.2.2 Private/ and public drinking water wells, rivers, streams, lakes, canals, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
1.3.2.1 PEI RP100, Recommended Practices For Installation Of Liquid Storage Systems.
1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
1.3.2.3 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.6.1 Cathodically Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE Standard RP0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the applicable industry standards, including but not limited to the following:
1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.6.1.3 STI-P3, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.6.1.5 STI RP-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® Underground Storage Tanks.
1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE Standard RP0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures.
1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.8.1.3 STI F-922, Specification for Permatank®.
1.8.1.4 STI F-894, ACT -100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
1.8.1.5 STI F-961, ACT -100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.10.4 The backfill depth shall be consistent with the requirements in PEI RP100 Recommended Practices for Installation of Underground Liquid Storage Systems.
1.11.2 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.13.4.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases or other test approved by the Department which is of equivalent or superior accuracy; and
1.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
1.15.1.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.15.1.4 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.15.1.5 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.15.1.6 PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.16.2.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.16.2.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.16.2.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.16.2.4 NFPA 30, Flammable and Combustible Liquids Code.
1.16.2.5 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.16.2.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.21.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
1.21.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
1.21.2.3 API RP1621, Bulk Liquid Stock Control at Retail Outlets.
1.22.2 The Person In Charge of the transfer of Hazardous Substance to the UST shall adhere to proper safety precautions and procedures for transfer as found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, and API RP1621, Bulk Liquid Stock Control at Retail Outlets, and shall comply with the following:
1.23.1.4 Hazardous Substance USTs shall not be marked with any color or symbol identified in API RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals or API IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuel Equipment.
1.24.1.1.1 NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.24.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.
1.24.1.1.3 NFPA 30, Flammable and Combustible Liquids Code.
1.24.1.1.4 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages.
1.24.2.1.1 Testing procedures shall be done in accordance with NACE RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the manufacturer's specifications, and shall include the following:
1.24.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RP0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6. of this Part, if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to failure to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
1.24.2.11 The use of alternate methods of monitoring shall be those described in NACE RP 0285 Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and shall only be used with prior written approval from the Department.
1.30.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
1.30.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
1.30.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
1.30.3.3 Within ten (10) years after lining, and every five (5) years thereafter, Owners and Operators shall conduct an internal inspection of any Tank that was lined prior to January 11, 2008 in accordance with NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks, and API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks. At the time of the inspection, the lined Tank shall be structurally sound and comply with the original design specifications. If any damage is found, Repairs shall be made in accordance with standard engineering practice, industry standards and the requirements of these Regulations or the Tank shall be replaced in accordance with the requirements in §1 of this Part.
3.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
3.2.1.2 API 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
3.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
4.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
4.2.1.2 API 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
4.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
1.1.1.2 The Department’s 24-hour Release Hot Line by calling 800-662-8802, when required in accordance with 7 Del.C. Chapter 60 and the Regulations promulgated thereunder as amended.
1.5.1 Owners and Operators shall report any spill or overfill of a Hazardous Substance that results in a Release that equals or exceeds the reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (40 CFR Part 302) or 7 Del.C. §6028 to the Department within 24 hours by calling 800-662-8802 and shall contact the Tank Management Branch (302-395-2500) for further instructions. Owners and Operators shall immediately contain and clean up the spill or overfill and shall comply with the Release investigation, hydrogeologic investigation and Remedial Action requirements of this Part as directed by the Tank Management Branch.
1.5.2 A Owners and Operators shall report a Release of a Hazardous Substance equal to or in excess of its reportable quantity immediately to the National Response Center under 42 U.S.C., Chapter 103, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986.
1.5.3 Owners and Operators of UST systems shall immediately contain and clean up any spill or overfill of a Hazardous Substance in a quantity less than a reportable quantity under CERCLA (40 CFR Part 302) or 7 Del.C. §6028. If cleanup cannot be accomplished within 24 hours, Owners and Operators shall immediately notify the Tank Management Branch (302-395-2500). Owners and Operators shall comply with the Release investigation, hydrogeologic investigation and Remedial Action requirements of this Part as directed by the Tank Management Branch.
5.2.7 The RAWP shall be organized in report form and signed by a professional geologist or professional engineer registered in the State of Delaware as required in 24 Del.C. Chapter 36 and the Delaware Board of Registration of Geologists Regulations and 24 Del.C. Chapter 28.
6.1.3 The request for no further action shall be signed by a professional geologist or professional engineer registered in the State of Delaware as required in 24 Del.C. Chapter 36 and the Delaware Board of Registration of Geologists Regulations and 24 Del.C. Chapter 28, when requested by the Department.
6.2.1 The DNREC Tank Management Branch Section shall issue a letter requiring no further action (NFA letter) and documenting that site cleanup objectives have been met. The no further action approval issuance of the NFA letter does not absolve the Responsible Parties from previously incurred or potential future liability.
6.2.2 The no further action NFA letter applies to site conditions at the time that the request for no further action was made. If the risk posed by the site changes in the future, including but not limited to land use changes at the site or surrounding area, the Responsible Parties shall perform additional Remedial Action as necessary to eliminate the risk to human health, safety and the environment. Except as discussed in 6.2.3, once the Department has issued a NFA letter associated with a release, the Department shall not require Responsible Parties to perform additional corrective actions associated with the release unless site conditions, including but not limited to the current or future land use, change or there is new information that the release poses an unacceptable risk to human health, safety, and the environment.
6.2.34 Any Person disturbing any residual contamination at the site by digging, boring, excavating, dewatering, or other means, shall submit a contaminated material management plan to the Department for approval prior to work commencing and shall be financially responsible for implementing it.
1.1.2 UST System Owners and or Operators are subject to the requirements of this Part if the UST Systems are in operation on or after the date for compliance established in §1.2. of this Part.
I am the Chief Financial Officer of [name and address of the Owner or Operator or Guarantor] This letter is in support of the use of [the financial test of self-insurance" and/or "guarantee"] to demonstrate financial responsibility for ["taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage] caused by ["sudden Accidental Releases" and/or "non-sudden Accidental Releases"] in the amount of at least [dollar amount] per occurrence and [dollar amount] Annual Aggregate arising from operating (an) Underground
A ["financial test," and/or "guarantee"] is also used by ["Owner" or "Operator" or "Guarantor"] to
This ["Owner or Operator," or "Guarantor"] has not received an adverse opinion, a disclaimer of opinion, or a going concern qualification from an independent auditor on his financial statements for the latest completed fiscal year.
I hereby certify that the wording of this letter is identical to the wording specified in Part F, §2.2, of the Delaware Regulations Governing Underground Storage Tank Systems as such Regulations were constituted on the date shown immediately below.
[Signature of CF0]
[Name of Person signing]
[Title of Person signing]
[Fill in the information for Alternative I if the criteria of Part F, §2.2.2 of the Delaware Regulations Governing Underground Storage Tank Systems are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of Part F, §2.2.3 of the Delaware Regulations Governing Underground Storage Tank are being used to demonstrate compliance with the financial test requirements.]
(Complete Lines 12-15 OR Lines 16-18)
Guarantee made this [Date] by [Name of guaranteeing entity], a business entity organized under the laws of the State of [name of state], herein referred to as Guarantor, to the Department of Natural Resources and Environmental Control (Department) and to any and all third parties, and obligees, on behalf of [Owner or Operator] of [Business Name and Address].
of the Delaware Regulations Governing Underground Storage Tank Systems and agrees to comply with
(2) [Owner or Operator] owns or operates the following Underground Storage Tank Systems covered by this
[Attach Part F, §3.18. Form R, Tank Schedule, of the Delaware Regulations Governing
This guarantee satisfies Part F, §1.3 of the Delaware Regulations Governing Underground Storage Tank Systems for assuring funding for [insert: "taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases; (if coverage is different for different UST Systems or locations, indicate the type of coverage applicable to each UST or location) arising from operating the above-identified UST Systems in the amount of [insert dollar amount] per Occurrence and [insert dollar amount] Annual Aggregate.
(3) [Insert appropriate phrase: "On behalf of our subsidiary" (if Guarantor is corporate parent of the Owner or Operator); "On behalf of our affiliate" (if Guarantor is a related firm of the Owner or Operator); or "Incident to our business relationship with" (if Guarantor is providing the guarantee as an incident to a Substantial Business Relationship with Owner or Operator)] [Owner or Operator], Guarantor guarantees to the Department and to any and all third parties that:
In the event that [Owner or Operator] fails to provide alternate coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the Department has determined or suspects that a Release has occurred at an UST Facility covered by this guarantee, the Guarantor, upon instructions from the Department, shall fund a standby trust fund in accordance with the provisions of Part F, §2.12 of the Delaware Regulations Governing Underground Storage Tank Systems in an amount not to exceed the coverage limits specified above.
In the event that the DNREC determines that [Owner or Operator] has failed to
perform corrective action for Release arising out of the operation of the above-identified Underground Storage Tank System(s) in accordance with Part E of the Delaware Regulations Governing Underground Storage Tank Systems, the Guarantor upon written instructions from the DNREC shall fund a standby trust fund in accordance with the provisions of Part F, §2.12 of the Delaware Regulations Governing Underground Storage Tank Systems in an amount not to exceed the coverage limits specified above.
If [Owner or Operator] fails to satisfy a judgment or award based on a determination of
(4) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet the financial test criteria of Part F §2.2.1 and either §2.2.2 or §2.2.3 of the Delaware Regulations Governing Underground Storage Tank Systems, Guarantor shall send within 120 days of such failure, by Verifiable Service, notice to [Owner or Operator]. The guarantee will terminate 120 days from the date of receipt of the notice by [Owner or Operator] as evidenced by Verifiable Service.
(5) Guarantor agrees to notify [Owner or Operator] by Verifiable Service of a voluntary or
must comply with the applicable financial responsibility requirements of these regulations for the above-identified UST Systems, except that Guarantor may cancel this guarantee by sending notice by certified mail to[Owner or Operator] such cancellation to become effective no earlier than 120 days after receipt of such notice by[Owner or Operator] as evidenced by the return receipt.
(a) Any obligation of [Owner or Operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily Injury to an employee of [Owner or Operator] arising from, and in the course of, employment by [Owner or Operator];
(d) Property Damage to any property owned, rented, loaned to, in the care of, custody, or control of, or occupied by [Owner or Operator] that is not the direct result of a Release from an UST System;
(e) Bodily Injury or Property Damage for which [Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the Requirements of Part F, §1.3 of the Delaware Regulations Governing Underground Storage Tank Systems.
I hereby certify that the wording of this guarantee is identical to the wording specified in Part F, §2.3 of the Delaware Regulations Governing Underground Storage Tank Systems as such Regulations were constituted on the effective date shown immediately below.
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of Person signing]
[Title of Person signing]
Name of [Insurer or Risk Retention Group]:
Address of [Insurer or Risk Retention Group]:
For [insert: "taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases, in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; (if coverage is different for different UST Systems or locations, indicate the type of coverage applicable to each UST System or location) arising from operating the UST(s) System(s) identified above.
The limits of liability are [insert the dollar amount of the "each Occurrence" and "Annual Aggregate" limits of the “Insurer's” or “Group's” liability]; (if the amount of coverage is different for different types of coverage or for different UST Systems or locations, indicate the amount of coverage for each type of coverage and/or for each UST System or location), exclusive of Legal Defense Costs which are subject to a separate limit under the policy. This coverage is provided under [Policy Number]. The effective date of said policy is [Date].
a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer" or "Group"] of its obligations under the policy to which this endorsement is attached.
b. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured from any such payment made by the ["Insurer" or "Group"]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in Part F, §§2.2 through 2.12, of the Delaware Regulations Governing Underground Storage Tank Systems.
c. Whenever requested by the Department, the ["Insurer" or "Group"] agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other Termination of the insurance by the ["Insurer" or "Group"], except for non-payment of premium or misrepresentation by the insured, shall be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured shall be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured.
The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered Occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or Termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.]
I hereby certify that the wording of this instrument is identical to the wording in Part F, §3.3, Form C of the Delaware Regulations Governing Underground Storage Tank Systems and that the ["Insurer" or "Group"] is ["licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more States"].
[Date]
[Signature of authorized representative of Insurer or Risk Retention Group]
[Name of Person signing]
[Title of Person signing]
[name of each covered location]
[address of each covered location]
Period of Coverage: [current policy period]
Name of [Insurer or Risk Retention Group]: _________________________________________
Address of [Insurer or Risk Retention Group]:
1. [Name of the Insurer or Risk Retention Group], the "insurer" or "Group," as identified above, hereby certifies that it has issued liability insurance covering the following Underground Storage Tank Systems:
For [insert: "taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; (if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location) arising from operating the UST System(s) identified above).
The limits of liability are [insert the dollar amount of the "each Occurrence" and "Annual Aggregate" limits of the Insurer's or Group's liability]; (if the amount of coverage is different for different types of coverage or for different UST System(s) or locations, indicate the amount of coverage for each type of coverage and/or for each UST System or location), exclusive of Legal Defense Costs which are subject to separate limits under the policy. This coverage is provided under [Policy Number]. The effective date of said policy is [date].
a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer" or "Group"] of its obligations under the policy to which this certificate applies.
b. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured for any such payment made by the ["Insurer" or "Group."] This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in Part F, §§2.2 through 2.12 of the Delaware Regulations Governing Underground Storage Tank Systems.
c. Whenever requested by the Department, the ["Insurer" or "Group"] agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other Termination of the insurance by the ["Insurer" or "Group"], except for non-payment of premium or misrepresentation by the insured shall be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured.
The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered Occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or Termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.]
I hereby certify that the wording of this instrument is identical to the wording in Part F, §3.4 Form D of the Delaware Regulations Governing Underground Storage Tank Systems and that the ["Insurer" or "Group"] is [“licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States."]
[Date]
[Signature of authorized representative of Insurer or Risk Retention Group]
[Name of Person signing]
[Title of Person signing]
[Address of Representative]
Principal: [legal name and business address of Owner or Operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
Surety(ies): ________________ [name(s) and business address(es)]
List the coverage guaranteed by the bond: ["taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases arising from operating the UST System(s).
Whereas said Principal is required under 7 Del.C. Chapter 74, as amended, to provide financial assurance for [insert: "taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases; (if coverage is different for different UST Systems or locations, indicate the type of coverage applicable to each UST System or location) arising from operating the UST System(s) identified above, and
Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully ["take corrective action, in accordance with Part E of these regulations and the Department's instructions for, and/or compensate injured third parties for Bodily Injury and Property Damage] caused by Accidental Releases arising from operating the UST System(s) identified above,] or if the Principal shall provide alternate financial assurance, as specified in Part F of these regulations, within 120 days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
(a) Any obligation of [Owner or Operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily Injury to an employee of [Owner or Operator] arising from, and in the course of, employment by [insert Owner or Operator];
(d) Property Damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [Owner or Operator] that is not the direct result of a release from an UST System;
(e) Bodily Injury or Property Damage for which [insert Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the Requirements of Part F §1.3. of these Regulations.
Upon notification by the Department that the Principal has failed to ["take corrective action, in accordance with Part E of these Regulations and the Department's instructions," and/or "compensate injured third parties"] as guaranteed by this bond, the Surety(ies) shall either perform ["corrective action in accordance with Part E of these Regulations and the Department's instructions," and/or "third-party liability compensation"] or place funds in an amount up to the Annual Aggregate penal sum into the standby trust fund as directed by the Department under Part F, §2.15 of these Regulations.
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
[Name] _________________________________________________________
[Address]______________________________________________________________
[Signature(s)] 1. ______________________________ 2. _______________________
[Name(s) and title(s)] 1. _______________________________________________
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
[Name and address of issuing institution]
We hereby establish our Irrevocable Standby Letter of Credit No. _____ in your favor, at the request and for the account of [Owner or Operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($ [insert dollar amount] ), available upon presentation [insert, if more than one Director of a State implementing agency is a beneficiary, "by any one of you"] of
This letter of credit may be drawn on to cover [insert: "taking corrective action" and/or "compensating third parties for Bodily Injury and Property Damage" caused by Accidental Releases] arising from operating the Underground Storage Tank Systems identified below in the amount of [in words] $[insert dollar amount] per Occurrence and [in words] $[insert dollar amount] Annual Aggregate:
(a) Any obligation of [Owner or Operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily Injury to an employee of [insert Owner or Operator] arising from, and in the course of, employment by [insert Owner or Operator];
(d) Property Damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert Owner or Operator] that is not the direct result of a Release from a UST System;
(e) Bodily Injury or Property Damage for [Owner or Operator] which is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part F, §1.3. of these Regulations.
This letter of credit is effective as of [date] and shall expire on [date] but such expiration date shall be automatically extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify [Owner or Operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that [Owner or Operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by [Owner or Operator] as shown on the signed return receipt.
We certify that the wording of this letter of credit is identical to the wording specified in this Part F, §3.6, Form F of the Delaware Regulations Governing Underground Storage Tank Systems as such Regulations were constituted on the date shown immediately below.
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial Code"].
Trust agreement, the "Agreement," entered into as of [date] by and between [Owner or Operator] a [Name of State] ["corporation", "partnership," "association," or "proprietorship"], the "Grantor," and [Name of Corporate Trustee] [insert "Incorporated in the State of ________________" or "a national bank"], the "Trustee."
SECTION 3. PAYMENT FOR CORRECTIVE ACTION AND/OR THIRD-PARTY LIABILITY CLAIMS
The Trustee shall make payments from the Fund as the Department shall direct, in writing, to provide for the payment of the costs of [insert: "taking corrective action" and/or "compensating third parties for bodily injury and Property Damage" caused by Accidental Releases] arising from operating the UST Systems covered by the financial assurance mechanism identified in this Agreement.
(a) Any obligation of [insert Owner or Operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily Injury to any employee of [insert Owner or Operator] arising from, and in the course of employment by [insert Owner or Operator];
(d) Property Damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert Owner or Operator] that is not the direct result of a Release from an UST System;
(e) Bodily Injury or Property Damage for which [insert Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part F, §1.3. of these Regulations. The Trustee shall reimburse the Grantor, or other Persons as specified by the Department, from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as the Department shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
A. Securities or other obligations of the Grantor, or any other Owner or Operator of the UST System(s), or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a State government;
[Signature of Grantor]
[Name of the Grantor]
[Title]
[Signature of Trustee]
[Name of Trustee]
[Title]
[Seal]
[Signature of Witness]
[Name of Witness]
[Title]
[Seal]
[Date] [Owner or Operator]
to me known, who, being by me duly sworn, did depose and say that he/she resides at _______________________, and that she/he is [Title] of [Corporation] the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed his/her name thereto by like order.
[Signature of Notary Public] __________________________________________
[Name of Notary Public] _____________________________________________
Standby Trust agreement, the "Agreement," entered into as of [date] by and between [Owner or Operator]a [Name of State] ["corporation", "partnership," "association," or "proprietorship"], the "Grantor," and [Name of Corporate Trustee] [insert "Incorporated in the State of ________________" or "a national bank"], the "Trustee."
Whereas, the Grantor has elected to establish [insert either "a guarantee," "surety bond," or "letter of credit"] to provide all or part of such financial assurance for the UST System(s) identified herein and is required to establish a standby trust fund able to accept payments from the instrument;
This Agreement pertains to the [identify the financial assurance mechanism, either a guarantee, surety bond, or letter of credit, from which the standby trust fund is established to receive payments (This paragraph is only applicable to the standby trust agreement.)].
SECTION 4. PAYMENT FOR CORRECTIVE ACTION AND/OR THIRD-PARTY LIABILITY CLAIMS
The Trustee shall make payments from the Fund as the Department shall direct, in writing, to provide for the payment of the costs of [insert: "taking corrective action" and/or "compensating third parties for bodily injury and Property Damage"] caused by Accidental Releases] arising from operating the UST Systems covered by the financial assurance mechanism identified in this Agreement.
(a) Any obligation of [insert Owner or Operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
(b) Bodily Injury to any employee of [insert Owner or Operator] arising from, and in the course of employment by [insert Owner or Operator];
(d) Property Damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert Owner or Operator] that is not the direct result of a Release from an UST System;
(e) Bodily Injury or Property Damage for which [insert Owner or Operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of Part F,§1.3. of these Regulations. The Trustee shall reimburse the Grantor, or other Persons as specified by the Department, from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as the Department shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.