Any facility that has unresolved violation(s) remaining 90 days after written notice, will be issued a Notice of Violation (NOV). The purpose of the NOV is to notify the owner and/or operator that the facility is in violation of the statutory and regulatory requirements. If the responsible parties* refuse to perform the actions required as stated in the NOV, by the required deadlines, the Tank Management Section (TMS) may find it necessary to take additional legal measures to ensure compliance.
*It is important to note that pursuant to 7 Del.C. Chapter 74 ยง7402 and the Delaware Regulations Governing Underground Storage Tank Systems, Part A, Section 1.7., and the Delaware Regulations Governing Aboveground Storage Tank Systems, Part A, Section 2, Owners and Operators are both considered a Responsible Party and are jointly and severally liable for completion of the Actions Required as stated in the NOV by the required deadlines.
