§ 17-1007. Corrective actions.

1. Any operator shall within forty-eight hours notify the facility
owner and the department, and if the facility is located within any
county, or city of a population of one million or more which filed with
the department a written declaration under subdivision two of section
17-1017 of this title which is approved by the commissioner in written
findings the operator shall also notify such county or city of a
population of one million or more, of any abnormal loss or gain detected
through daily inventory which cannot be explained by inaccurate record
keeping, temperature variations, or other causes not related to leakage.
For the purposes of this subdivision, "abnormal loss or gain" shall mean
a loss or gain of three-quarters of one percent or greater of the total
volume of petroleum handled over a period of ten days.

2. Where a leak or spill of petroleum is suspected or appears
probable, the department may order the owner to inspect that tank or
tanks or associated equipment suspected to be leaking and to test for
tightness and structural soundness or may prohibit delivery pursuant to
subdivision four of this section. If the owner fails within ten days to
conduct such tests as required under this subdivision, the department
may conduct such tests for tightness or structural soundness. The
reasonable expenses of conducting such tests incurred by the department
shall be paid by the owner.

3. It shall be unlawful to continue operation of any leaking tank or
associated equipment of a facility. The contents of such tank or
equipment shall be promptly removed.

4. The department may prohibit deliveries of petroleum to any tank (i)
that is leaking or (ii) where a leak appears probable. If the source of
the leak or a probable leak cannot be determined, the department may
prohibit deliveries to any tank or tanks that may be the probable source
of a leak until such time as the source has been identified, at which
time the prohibition on delivery will apply to the leaking tank or
tanks. In addition, the department may prohibit deliveries of petroleum
to any tank that is in violation of any requirement prescribed by
regulation pursuant to this title related to:

a. installing required equipment for spill prevention, overfill
protection, leak detection, corrosion protection or secondary
containment;

b. performing leak detection or inspections of tank systems;

c. properly operating or maintaining leak detection; or

d. properly operating or maintaining spill, overfill or corrosion
protection equipment.

(i) The department shall attach a tag to the tank or tanks to identify
those tanks to which delivery is prohibited and provide a written notice
to the owner and operator specifying the reasons for the prohibition of
delivery. The department may consider not prohibiting deliveries of
petroleum for up to one hundred eighty days after a determination is
made that the facility or tank meets the conditions in this subdivision
if such prohibition would jeopardize the availability of, or access to,
fuel in any rural and remote areas unless the department has determined
that the condition at the facility endangers public health, safety or
the environment.

(ii) As promptly as possible thereafter, not to exceed fifteen days,
the commissioner shall provide the owner or operator an opportunity to
be heard and to present proof that such condition or activity does not
violate the provisions of this section or of the rules or regulations
adopted pursuant to this title. The commissioner shall adopt rules and
regulations describing the procedure to be followed in the prohibition
of petroleum deliveries. In adopting such rules and regulations the
department shall allow for the owner or operator at any time to submit
information to the department to demonstrate that the owner or operator
is in compliance with the requirements or has corrected the violation
that prompted the department to prohibit deliveries of petroleum and to
allow the tank or tanks to be, as promptly as possible, brought back
into operation, not to exceed two business days from the department's
determination that a tank is in compliance. The department shall use its
best efforts to timely determine compliance. The commissioner shall
draft such rules and regulations and submit them to the state petroleum
bulk storage advisory council for comments within six months of the
effective date of this subparagraph.

(iii) Unless otherwise authorized by the department, no person shall
tamper with or remove, or cause the tampering with or removal of, a tag
attached to any tank under the provisions of this subdivision.

(iv) No person shall deliver, cause the delivery of, deposit, or
accept petroleum to any tank or tanks to which a tag is affixed pursuant
to this subdivision.