§ 7401A. Purpose. The General Assembly finds and declares that the containment of petrochemicals, petroleum, petroleum products, hazardous chemicals, hazardous substances, hazardous waste and similar regulated substances in aboveground storage tanks is emerging as a cause of soil, air, surface water and groundwater contamination in the State; that the State’s surface water and groundwater resources […]
§ 7402A. Definitions. The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Aboveground storage tank” means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having […]
§ 7403A. Referenced standards. (a) The Department shall study and consider the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter: (1) The National Fire Protection Association (NFPA); (2) The American Petroleum Institute (API); (3) The National Association of Corrosion Engineers (NACE); (4) The Underwriters Laboratories (UL); (5) […]
§ 7404A. Exemptions. (a) The following classes of aboveground storage tanks are exempt from this chapter, with the exception of the application of §§ 7402A, 7406A, and 7410A of this title: (1) Aboveground storage tanks of 1,100 gallons or less in capacity located on a farm and used solely to facilitate the production of crops, […]
§ 7405A. Registration by owner. The owner shall register all aboveground storage tanks with the Department on forms provided by the Department. Such registration must specify the date of tank installation, location, type of construction, type of substance to be stored, the size of the tank, the material of construction and the owner and operator’s […]
§ 7406A. Release of substances prohibited; correction of substance release; Department intervention. (a) All persons, including an owner and an operator, shall not cause or contribute to a release from an aboveground storage tank. (b) All persons, including an owner and an operator, shall report to the Department a release from an aboveground storage tank […]
§ 7407A. Tank performance standards; release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment and within 24 months after July 8, 2002, shall promulgate tank performance standards, corrective action regulations and other appropriate regulations necessary and desirable to effectuate the purposes of this chapter. (b) The Department’s standards […]
§ 7408A. Inspection and monitoring. (a) For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, an owner and operator shall, upon the request of an officer or employee of the State duly designated by the Secretary of the Department, furnish information relating to […]
§ 7409A. Financial responsibility. The Department shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action for property damage and bodily injury caused by accidental release arising from operating an aboveground storage tank. Evidence of financial responsibility may include, but not be limited to, […]
§ 7410A. Enforcement. This chapter is subject to enforcement pursuant to Chapter 60 and § 7906 of this title. 73 Del. Laws, c. 366, § 1;
§ 7411A. Appeals. (a) A person whose interest is substantially affected by an action of the Department pursuant to a provision of this chapter or the regulations promulgated under this chapter may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Appeals from a decision of the Environmental Appeals […]
§ 7412A. Variances. Permanent variances, temporary variances and temporary emergency variances may be granted by the Department from any regulation adopted pursuant to this chapter, in accordance with §§ 6011 and 6012 of this title. 73 Del. Laws, c. 366, § 1;
§ 7413A. Aboveground storage tank registration fee. (a) Owners and operators must pay to the Department an annual per-tank registration fee. The fee is effective on July 1, 2002, with 6 months of fees due by October 1, 2002, and on or before February 1 of each calendar year thereafter. The fee is based on […]
§ 7414A. Aboveground storage tank construction permit fee. (a) The Department shall assess a 1-time construction permit fee based on the schedule below for an aboveground storage tank constructed after the effective date of the regulations promulgated pursuant to § 7407A of this chapter. Construction Fee Schedule Tank Size Construction Permit Fee 12,499 — 39,999 […]
§ 7415A. Required signage. Every aboveground storage tank shall have prominently posted thereupon the contents of the tank and the hazards, if any, associated with the contents. If the tank is empty the signage shall so state. For the purposes of this section “prominently posted” and the requirements for labeling shall be specified in the […]
§ 7416A. 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 aboveground storage tank including, but not […]
§ 7417A. Short title. This chapter may be referred to as the “Jeffrey Davis Act,” in memory of Jeffrey Davis. 73 Del. Laws, c. 366, § 1; 79 Del. Laws, c. 69, § 3;
§ 7418A. Use of Hazardous Substance Cleanup Act funds. The Department may use funding from the Hazardous Substance Cleanup Fund, as established by § 9113 of this title, to support the implementation of this chapter, including but not limited to any of the following purposes: (1) Preventing releases from aboveground storage tanks; (2) Rendering an […]
§ 7419A. Applicability of Brownfields Development Program. A person approved as a brownfields developer who enters into a Brownfields Development Agreement with the Secretary pursuant to the provisions of Chapter 91 of this title, is not liable for any release or imminent threat of release of regulated substances existing at the facility when the Brownfields […]
