7 Del. Admin. Code § 1352-A-4.0 - Tank Registration and Fees
4.1 Registration Requirements
4.1.1 Any person that owns or operates an AST, with the exception of those ASTs listed in Part A, subsection 1.2.2 shall register each AST with the Department utilizing an AST registration form provided by the Department.
4.1.2 Annual payment of registration fees shall be made in accordance with Part A, Section 4.5 of these Regulations, on or before February 1 of every year and until the Department receives a formal notice that the AST has been removed or permanently closed or undergone a permanent change in contents in accordance with these Regulations.
4.1.3 No person shall own or operate an AST unless the AST is registered with the Department
4.1.4 Any person who sells or otherwise transfers ownership of an AST shall notify the new Owner of the AST registration requirements of Part A, of these Regulations.
4.1.5 The Owner shall sign and date all AST registration submittals.
4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form utilizing a form provided by the Department, including but not limited to change of address, change of tank ownership, change of tank Operator, or a change in service at least 10 days prior to the change.
4.1.7 Owners may provide notice for multiple ASTs at a single Facility using one AST registration form, but Owners with ASTs located at more than one Facility must file a separate AST registration form for each Facility.
4.1.8 Each registration form shall have attached a Safety Data Sheet (SDS) which complies with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those ASTs storing heating fuel, diesel, kerosene or gasoline.
4.1.9 ASTs that are not subject to an annual registration fee as specified in PART A, subsection 4.5 of these Regulations, are not required to have their registrations renewed on an annual basis by the submittal of any documentation. The AST registration remains in effect until the Department is notified of the AST's removal, permanent closure, permanent change in contents, or transfer of ownership.
4.2 Existing ASTs
4.2.1 Owners and Operators shall notify the Department of all existing ASTs that have contained a Regulated Substance on or after January 1, 1992, by completing an AST registration form provided by the Department and submitting the form to the Department by September 5, 2002.
4.3 Change In Service, Permanent Closure in Place, Emptying and Removal
4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change In Service shall comply with these Regulations before instituting the changed use.
4.3.2 Owners or Operators shall notify the Department utilizing a form provided by the Department prior to Removing, Permanently Closing in Place, Emptying, or making a Change In Service to an AST. The notification form must be received by the Department at least 10 days prior to beginning the removal or permanent closure in place, emptying, or making a Change In Service to the AST, except in the case of a retrofit or upgrade which shall require the notification as specified in PART A, subsection 4.6, unless such action is in response to an imminent threat to human health, safety or the environment.
4.3.3 Removal or permanent closure in place or Change In Service of an AST without required notification of the Department is prohibited.
4.3.4 Any change in the schedule of work for a Change In Service must be communicated to the Department in writing a minimum of 48 hours prior to the new scheduled date of work.
4.3.5 The Owner shall notify the Department in writing of the actual date of completion of any Change In Service.
4.4 Transfer of Ownership
4.4.1 When a transfer of ownership of an AST occurs, the new Owner shall submit a completed registration form all required Safety Data Sheets, and proof of compliance with the financial responsibility requirements in PART D of these Regulations to the Department so that the Department shall receive these forms no later than 72 hours after the transfer or in accordance with an alternate schedule approved by the Department.
4.4.2 The seller or former Owner shall at the time of ownership transfer, deliver to the buyer and new Owner all available documents and information relevant to the AST, including:
4.4.2.1 Regulated Substance storage records;
4.4.2.2 Any approved plans for new installations;
4.4.2.3 Copies of registration forms;
4.4.2.4 Testing data and reports;
4.4.2.5 Reports documenting AST Permanent Closure in Place and Removal;
4.4.2.6 Tank lining specifications used, if applicable;
4.4.2.7 Monitoring reports;
4.4.2.8 Soil and groundwater sampling and laboratory chemical analyses reports;
4.4.2.9 Site assessment reports;
4.4.2.10 Equipment maintenance schedules and logs;
4.4.2.11 Repair records.
4.4.3 Any change in the structure of the AST Owner, including but not limited to any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.
4.5 Registration Fees
4.5.1 On or before February 1 of each calendar year, Owners and Operators of an AST shall submit to the Department an annual per tank registration fee in accordance with Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, §
7413A and the table in PART A, subsection 4.5.3 of these Regulations.
4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 of each calendar year thereafter is subject to a late charge of 10% of the total fee.
4.5.3 Registration Fee Schedule
| Tank Size | Substance Stored | Annual Fee |
| Greater than or equal to 12,499 gallons and less than 40,000 gallons | Regulated substance other than diesel, heating fuel or kerosene | |
| Greater than or equal to 40,000 gallons | All regulated substance | $750 |
| Greater than or equal to 12,499 gallons and less than 40,000 gallons | Ag/Farm ASTs | $300 |
| Greater than or equal to 40,000 gallons | Ag/Farm ASTs | $750 |
4.5.4 No annual registration fee will be required if an AST is removed or permanently closed in place or undergoes a permanent change in contents from a regulated substance to a non-regulated substance prior to the February 1 deadline for payment of the registration fee. To qualify for this exemption, the registration fee shall be assessed until the Owner or Operator of the AST has completed the requirements in these Regulations for compliance with the notification and removal or permanent closure in place or permanent change in contents requirements of these Regulations and the Department has received all required sample results.
4.5.5 The initial AST registration fee shall not be assessed until the calendar year following the year in which the AST installation is completed.
4.6 Retrofitting or Upgrading of ASTs
4.6.1 AST Owners and Operators shall notify the Department of all retrofits or upgrades of an AST utilizing a form provided by the Department and include construction plans and supporting documents such as equipment and manufacturer specifications, at least 10 days prior to beginning the retrofit or upgrade work, or other schedule as approved by the Department.
4.6.2 If within the 10 day period, the required notification to the Department is completely satisfied, and written approval from the Department has been received the retrofit or upgrade construction may proceed without waiting for the expiration of the 10 days.
4.6.3 If within 1 year after the receipt of the written approval from the Department the retrofit or upgrade work has not commenced, the approval shall expire. The Owner may submit a new registration form and a letter requesting an extension to the Department.
4.6.4 The retrofit or upgrade of the AST may proceed after the Department has issued written approval of the retrofit or upgrade construction plans. The Department shall issue a formal letter of approval or denial within 10 days of the Department's receipt of the retrofit or upgrade notification. If the Owner does not receive written notification from the Department within the 10 days the Owner may commence retrofit or upgrade construction work provided that:
4.6.4.1 The Owner notifies the Department in writing of the date retrofit or upgrade construction work will commence; and
4.6.4.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner and does not absolve the Owner of the obligation to comply with all applicable requirements of the Regulations.
Notes
17 DE Reg.
20 DE Reg.
27 DE Reg.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
4.1 Registration Requirements
4.1.1 Any person that owns or operates an AST, with the exception of those ASTs listed in Part A, subsection 1.2.2 shall register each AST with the Department utilizing an AST registration form provided by the Department.
4.1.2 Annual payment of registration fees shall be made in accordance with Part A, Section 4.5 of these Regulations, on or before February 1 of every year and until the Department receives a formal notice that the AST has been removed or permanently closed or undergone a permanent change in contents in accordance with these Regulations.
4.1.3 No person shall own or operate an AST unless the AST is registered with the Department
4.1.4 Any person who sells or otherwise transfers ownership of an AST shall notify the new Owner of the AST registration requirements of Part A, of these Regulations.
4.1.5 The Owner shall sign and date all AST registration submittals.
4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form utilizing a form provided by the Department, including but not limited to change of address, change of tank ownership, change of tank Operator, or a change in service at least 10 days prior to the change.
4.1.7 Owners may provide notice for multiple ASTs at a single Facility using one AST registration form, but Owners with ASTs located at more than one Facility must file a separate AST registration form for each Facility.
4.1.8 Each registration form shall have attached a Safety Data Sheet (SDS) which complies with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those ASTs storing heating fuel, diesel, kerosene or gasoline.
4.1.9 ASTs that are not subject to an annual registration fee as specified in PART A, subsection 4.5 of these Regulations, are not required to have their registrations renewed on an annual basis by the submittal of any documentation. The AST registration remains in effect until the Department is notified of the AST's removal, permanent closure, permanent change in contents, or transfer of ownership.
4.2 Existing ASTs
4.2.1 Owners and Operators shall notify the Department of all existing ASTs that have contained a Regulated Substance on or after January 1, 1992, by completing an AST registration form provided by the Department and submitting the form to the Department by September 5, 2002.
4.3 Change In Service, Permanent Closure in Place, Emptying and Removal
4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change In Service shall comply with these Regulations before instituting the changed use.
4.3.2 Owners or Operators shall notify the Department utilizing a form provided by the Department prior to Removing, Permanently Closing in Place, Emptying, or making a Change In Service to an AST. The notification form must be received by the Department at least 10 days prior to beginning the removal or permanent closure in place, emptying, or making a Change In Service to the AST, except in the case of a retrofit or upgrade which shall require the notification as specified in PART A, subsection 4.6, unless such action is in response to an imminent threat to human health, safety or the environment.
4.3.3 Removal or permanent closure in place or Change In Service of an AST without required notification of the Department is prohibited.
4.3.4 Any change in the schedule of work for a Change In Service must be communicated to the Department in writing a minimum of 48 hours prior to the new scheduled date of work.
4.3.5 The Owner shall notify the Department in writing of the actual date of completion of any Change In Service.
4.4 Transfer of Ownership
4.4.1 When a transfer of ownership of an AST occurs, the new Owner shall submit a completed registration form all required Safety Data Sheets, and proof of compliance with the financial responsibility requirements in PART D of these Regulations to the Department so that the Department shall receive these forms no later than 72 hours after the transfer or in accordance with an alternate schedule approved by the Department.
4.4.2 The seller or former Owner shall at the time of ownership transfer, deliver to the buyer and new Owner all available documents and information relevant to the AST, including:
4.4.2.1 Regulated Substance storage records;
4.4.2.2 Any approved plans for new installations;
4.4.2.3 Copies of registration forms;
4.4.2.4 Testing data and reports;
4.4.2.5 Reports documenting AST Permanent Closure in Place and Removal;
4.4.2.6 Tank lining specifications used, if applicable;
4.4.2.7 Monitoring reports;
4.4.2.8 Soil and groundwater sampling and laboratory chemical analyses reports;
4.4.2.9 Site assessment reports;
4.4.2.10 Equipment maintenance schedules and logs;
4.4.2.11 Repair records.
4.4.3 Any change in the structure of the AST Owner, including but not limited to any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.
4.5 Registration Fees
4.5.1 On or before February 1 of each calendar year, Owners and Operators of an AST shall submit to the Department an annual per tank registration fee in accordance with Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, § 7413A and the table in PART A, subsection 4.5.3 of these Regulations.
4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 of each calendar year thereafter is subject to a late charge of 10% of the total fee.
4.5.3 Registration Fee Schedule
| Tank Size | Substance Stored | Annual Fee |
| Greater than or equal to 12,499 gallons and less than 40,000 gallons | Regulated substance other than diesel, heating fuel or kerosene | |
| Greater than or equal to 40,000 gallons | All regulated substance | $750 |
| Greater than or equal to 12,499 gallons and less than 40,000 gallons | Ag/Farm ASTs | $300 |
| Greater than or equal to 40,000 gallons | Ag/Farm ASTs | $750 |
4.5.4 No annual registration fee will be required if an AST is removed or permanently closed in place or undergoes a permanent change in contents from a regulated substance to a non-regulated substance prior to the February 1 deadline for payment of the registration fee. To qualify for this exemption, the registration fee shall be assessed until the Owner or Operator of the AST has completed the requirements in these Regulations for compliance with the notification and removal or permanent closure in place or permanent change in contents requirements of these Regulations and the Department has received all required sample results.
4.5.5 The initial AST registration fee shall not be assessed until the calendar year following the year in which the AST installation is completed.
4.6 Retrofitting or Upgrading of ASTs
4.6.1 AST Owners and Operators shall notify the Department of all retrofits or upgrades of an AST utilizing a form provided by the Department and include construction plans and supporting documents such as equipment and manufacturer specifications, at least 10 days prior to beginning the retrofit or upgrade work, or other schedule as approved by the Department.
4.6.2 If within the 10 day period, the required notification to the Department is completely satisfied, and written approval from the Department has been received the retrofit or upgrade construction may proceed without waiting for the expiration of the 10 days.
4.6.3 If within 1 year after the receipt of the written approval from the Department the retrofit or upgrade work has not commenced, the approval shall expire. The Owner may submit a new registration form and a letter requesting an extension to the Department.
4.6.4 The retrofit or upgrade of the AST may proceed after the Department has issued written approval of the retrofit or upgrade construction plans. The Department shall issue a formal letter of approval or denial within 10 days of the Department's receipt of the retrofit or upgrade notification. If the Owner does not receive written notification from the Department within the 10 days the Owner may commence retrofit or upgrade construction work provided that:
4.6.4.1 The Owner notifies the Department in writing of the date retrofit or upgrade construction work will commence; and
4.6.4.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner and does not absolve the Owner of the obligation to comply with all applicable requirements of the Regulations.
Notes
17 DE Reg.
20 DE Reg.
27 DE Reg.