Owners and Operators of Underground Storage Tank (UST) and Aboveground Storage Tank (AST) Systems must comply with all applicable statutory and regulatory requirements. The Tank Management Section (TMS) has developed regulations that require certain UST and/or AST System records be maintained to document compliance with the regulations.
The Regulations may require that these records be submitted periodically to TMS or may only require the records to be made available upon request.
When a permit is required there may be record keeping or reporting requirements specific to the permit. If DNREC requests records that are required to be maintained by regulation or permit conditions, the regulated entity is legally obligated to provide the records upon request, and failure to do so constitutes a violation separate and distinct from any violation that may be shown by the information in the records.
If a facility has unresolved violation(s) remaining ninety (90) days after receipt of a written notice from the TMS detailing the actions required to resolve the violations, enforcement actions may be taken by the TMS. Two examples of written notice are a Request for Information letter or a Corrective Action Warning letter. Enforcement action can also be taken when Environmental Protection Officers (EPOs) are investigating or responding to a complaint or emergency.
The following enforcement tools may be used by the TMS:
Referral to the Environmental Crime Unit
It is the policy of the TMS to consistently apply its enforcement authorities under 7 Del C. Chapters 60, 74, and 74A to owners and operators of non-compliant AST and UST facilities for operational compliance, cleanup, and vapor recovery related violations.