§ 7401. Declaration of purpose. The General Assembly finds and declares that the storage of petroleum products and other hazardous liquids in underground storage tanks is emerging as a major cause of groundwater contamination in the State; that the State’s groundwater resources are vital to the population and economy of the State; that millions of […]
§ 7402. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Abandoned storage system” means a storage system which: a. Is not intended to be returned to service; b. Has been out […]
§ 7403. Referenced standards. The Department shall use the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter: (1) National Fire Protection Association (N.F.P.A.); (2) American Petroleum Institute (A.P.I.); (3) National Association of Corrosion Engineers (N.A.C.E.); (4) Underwriters Laboratories (U.L.); and (5) American Society for Testing and Materials […]
§ 7404. Exemptions. The following classes of tanks are exempt from this chapter with the exception of the application of §§ 7406 and 7409 of this title: (1) Agricultural and residential tanks of 1,100 gallons or less used for storing motor fuel for noncommercial purposes; and (2) Tanks containing heating fuels of 1,100 gallons or […]
§ 7405. Registration by owner. (a) Underground storage tank owners shall register the following on forms provided by the Department: (1) Within 60 days after July 12, 1985, all new underground storage facilities used for storing regulated substances, at least 10 days prior to installation. Notice shall specify the date of installation, location, type of […]
§ 7406. Release of substances prohibited; correction of substance release; Department intervention. (a) No person shall knowingly allow a release from an underground storage tank to continue without taking immediate steps to report the release to the Department. (b) Responsible parties shall take measures for the prompt control, containment, and removal of the released regulated […]
§ 7407. Release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground storage tanks, as may be necessary to protect human health and the environment. (b) In promulgating regulations under […]
§ 7408. Inspection and monitoring. (a) For the purposes of developing or assisting in the development of any regulation or enforcing this chapter, any owner or operator of any underground storage tank, and any owner of a facility, shall, upon the request of any duly designated officer or employee of the State, furnish information relating […]
§ 7409. Delaware Underground Petroleum Storage Tank Response Fund. (a) The Delaware Underground Petroleum Storage Tank Response Fund is hereby established as a nonlapsing revolving fund to be used by the Department for the investigation and remediation of petroleum underground storage tank release. All expenses, costs and judgments recovered pursuant to this section, and all […]
§ 7410. Financial responsibility. (a) The Department shall adopt regulations for maintaining evidence of financial responsibility by all owners and operators for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of underground storage tank systems in the following amounts: (1) An amount […]
§ 7411. Enforcement. (a) Whenever, on the basis of any information, the Secretary determines that any person is in violation of any requirement of this chapter, or any rule or regulation promulgated hereunder, the Secretary shall give notice to the violator of said violator’s failure to comply with such requirement. If such violation extends beyond […]
§ 7412. Appeals. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Any person or party to an appeal before the Board who is substantially affected by a decision of the Board may appeal […]
§ 7413. Variances. Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title except that no variance or temporary emergency variance shall be granted which would be inconsistent with the no less stringent requirements of § […]
§ 7414. Leaking Underground Storage Tank Committee. There is hereby established a Leaking Underground Storage Tank Committee which shall be composed of, but not limited to, the Secretary of the Department of Natural Resources and Environmental Control, the Director of the Office of Management and Budget, the Director of the Delaware Geological Survey, the State […]
§ 7415. Implementation and reporting requirements. The Department, in conjunction with the Delaware Geological Survey, shall conduct a study to demonstrate the feasibility of a comprehensive inventory of underground storage tanks to include new, existing and abandoned tanks. It shall be conducted within an area of the State to be designated by the Department and […]
§ 7416. Groundwater risk assessment. (a) Because groundwater protection and management is an underlying issue related to leaking underground storage tanks, information on the risks to groundwater resources will be needed to facilitate implementation of the regulations. (b) The Delaware Geological Survey shall, under the auspices and direction of the Committee, and in cooperation with […]
§ 7417. Use of Hazardous Substance Cleanup Act funding. The Department may use funding from the Hazardous Substance Cleanup Fund (§ 9113 of this title) to support the implementation of this chapter, including but not limited to preventing releases from underground storage tanks, removing or properly closing in place underground storage tanks that are suspected […]
§ 7418. Tank registration fee. (a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of $50 on or before February 1 of each calendar year. Registration fees not received by the Department by February 1 shall be subject to a late charge of $30. Payment shall […]
§ 7419. Environmental liens; recovery of expenditures [For application of this section, see 79 Del. Laws, c. 69, § 5]. (a) Pursuant to the provisions of this section, all reasonable costs expended by the State related to investigating a release or suspected release of a regulated substance from an underground storage tank system including, but […]
