Delivery prohibition is an enforcement action prohibiting
the delivery, deposit, or acceptance of product to an AST or UST that has been
determined by OPS to be ineligible for such delivery, deposit, or acceptance.
For purposes of this section, the term "UST" means those tanks that satisfy the
definition of UST in C.R.S. §
8-20.5-101, except for those tanks
identified in §
8-20.5-10117(b)
and as defined in
2-1-1(b) as
excluded or deferred storage tanks. These requirements apply to regulated
substance ASTs and USTs. OPS will prohibit delivery, deposit, or acceptance of
product on an individual AST or UST basis, instead of to every AST or UST at a
facility, except if warranted.
AST and UST owners/operators and product deliverers are
responsible for not delivering, depositing, or accepting product to a tank
system\ identified by OPS as ineligible to receive product.
6-2-1
Criteria for Delivery
Prohibition
(a) Field Inspection: OPS
shall prohibit delivery, deposit, or acceptance of product during an inspection
if any of the following conditions exist.
(1)
Required spill prevention equipment is not installed or functional.
(2) Required overfill protection equipment is
not installed, or functional.
(3)
Required leak detection equipment is not installed, or functional.
(4) Required corrosion protection equipment
is not installed or functional.
(5)
Failure to register or maintain current registration on an AST or
UST.
(6) Upon the discovery of a
significant violation that poses an imminent threat to human health or safety
or the environment. In addition to delivery prohibition, OPS may also require
the removal of product from the tank:
(b) Enforcement Notice: OPS shall prohibit
delivery, deposit, or acceptance of product if the owner/operator of that tank
has been issued a written warning or citation (Settlement Agreement or Notice
of Violation per C.R.S. §
8-20.5-107) under any of the
following circumstances and the owner/operator has failed to take corrective
action within the requested time frame.
(1)
Inability to demonstrate proper operation and/or maintenance of leak detection
equipment.
(2) Inability to
demonstrate proper operation and/or maintenance of spill, overfill, or
corrosion protection equipment.
(3)
Discovery of a significant violation that poses an imminent threat to human
health or safety, or to the environment. In addition to delivery prohibition,
OPS may also require the removal of product from the tank.
6-2-2
Red Tag Mechanisms
Used to Identify Ineligible Petroleum Storage Tank Systems
Upon determination that any of the criteria for delivery
prohibition have been met, including the discovery of a significant violation
that poses an imminent threat to human health or safety or the environment, OPS
will attach a red tag to each fill pipe of the ineligible tank system clearly
identifying the tank as ineligible for delivery, deposit, or acceptance of
product. Before affixing a red tag to the fill pipe of a tank system, OPS shall
document the level of stored product in the tank.
(a) The red tag will be attached to the fill
pipe using a tamper-resistant wire seal so that the tag is visible to any
person attempting to deliver a regulated substance to the tank
system.
(b) The tag shall be red in
color and made of plastic or other durable and damage resistant material and
shall bear the following information:
(1) The
following wording, printed in white at the top of the tag in all capital
letters in at least 36 point bold-faced type: "DELIVERY PROHIBITED!"
(2) The following wording, printed in white
below the wording described in subsection (b)(1) in at least 16 point type:
"Delivering a regulated substance, or removing, defacing, altering, or
otherwise tampering with this tag may result in civil penalties of up to $5000
per day."
(3) Printed below the
wording described in subsection (b)(2), the following wording in at least 16
point type: "If you have questions call OPS (303) 318-8547"
(4) Following the wording described above,
there shall be a blank area at least 1/2 inch wide by four inches long in which
the OPS inspector shall, at the time of placement, write legibly in permanent
ink the date, facility identification number, product type, and the inspector's
initials.
No owner or operator of a facility or delivery person may
deposit or allow the deposit of a regulated substance into a tank system that
has a red tag affixed to the system's fill pipe. Unless authorized by OPS, no
person shall remove, deface, alter, or otherwise tamper with a red tag such
that the information contained on the tag is not legible.
6-2-3
Notification Processes For Storage Tank System Owners/Operators and
Product Deliverers
(a) Immediately
after affixing a red tag, OPS shall notify the operator, if present on site, of
the significant violation(s) for which the red tag was issued, along with a
written report noting the violations. OPS shall also request current
owner/operator contact information for future notifications.
(b) Within 24 hours of affixing a red tag,
OPS shall notify the owner in writing of the significant violation(s) for which
the red tag was issued.
(c) Within
24 hours of affixing a red tag, OPS shall add the red tagged tank(s) to the OPS
website list of facilities that have delivery prohibitions.
(d) If a permit is required by OPS in order
to correct one or more significant violations identified, OPS shall, to the
extent feasible, expedite its review and issuance of such permit(s).
6-2-4
Reclassifying
Ineligible Petroleum Storage Tank Systems as Eligible to Receive Product
(a) Upon notification by the owner or
operator documenting to the satisfaction of OPS that there was not a
significant violation or the significant violation has been corrected, or an
emergency condition as described in
6-2-6 exists, OPS shall provide
verbal and written authorization to the owner or operator to remove the red
tag. If OPS disputes the notification provided by the owner or operator, then
the procedural provisions of C.R.S. §
8-20.5-107 shall apply, except that
the owner/operator may request and be entitled to an informal conference with
the Director within three working days. A delivery prohibition required by a
red tag shall remain in effect during the time that the procedural provisions
of C.R.S. §
8-20.5-107 are invoked, unless the
owner or operator requests and the Director grants a stay of the effect of the
red tag.
(b) By close of business
(5pm) on that same day, OPS will also remove that tank from the OPS website
list of facilities that have delivery prohibitions.
(c) OPS may inspect the tank system within
five working days of notification to determine whether the system continues to
be in significant violation, regardless of whether it has authorized removal of
the red tag by the owner or operator. If, upon inspection, OPS determines that
the system is no longer in significant violation and it has not already
authorized removal of the red tag, OPS shall immediately remove the red
tag.
(d) Upon removing a red tag
from a tank system, OPS shall document the level of stored product in the tank.
If the owner or operator removes a red tag pursuant to written authorization by
the field inspector, the owner or operator shall document the level of stored
product in the tank immediately after removing the red tag.
(e) A red tag that has been removed by the
owner or operator shall be returned to the OPS within five working days, or
sooner if requested by the field inspector.
6-2-5
Delivery Prohibition Deferral in
Rural and Remote Areas
OPS may decide not to identify a tank system as ineligible
for delivery, deposit, or acceptance of product if such a prohibition would
jeopardize the availability of, or access to, motor fuel in any rural and
remote areas. However, OPS shall only defer application of delivery prohibition
for 30 calendar days after determining that a tank system is ineligible for
delivery, deposit, or acceptance of product.
6-2-6
Delivery Prohibition Deferral in
Emergency Situations
In emergency situations, the Director may decide not to
identify a tank system as ineligible for delivery, deposit, or acceptance of
product if such a prohibition is not in the best interest of the public, even
in the cases of significant and/or sustained noncompliance. In such emergency
situations, OPS shall only defer application of delivery prohibition for up to
180 calendar days after determining a tank system is ineligible for delivery,
deposit, or acceptance of product.
6-2-7
Removal of Red Tag from Emergency
Generator Tank Systems
OPS may remove or authorize the removal of a red tag from
an emergency generator tank system before a significant violation has been
corrected if OPS determines that an emergency situation exists requiring
operation of the system and the delivery of petroleum is necessary for the
continued operation of the system during the emergency.
Notes
7 CCR 1101-14-6-2
37
CR 18, September 25, 2014, effective
10/15/2014
39
CR 18, September 25, 2016, effective
1/1/2017
40
CR 05, March 10, 2017, effective
5/1/2017
40
CR 07, April 10, 2017, effective
5/1/2017
41
CR 07, April 10, 2018, effective
5/1/2018
42
CR 04, February 25, 2019, effective
3/17/2019
