319.136. Tank ineligible for delivery, deposit, or acceptance, when--violation, procedure--red tag to be affixed, when. - Missouri Statutes

Tank ineligible for delivery, deposit, or acceptance, when--violation,procedure--red tag to be affixed, when.

319.136. 1. An underground storage tank shall be ineligible fordelivery, deposit, or acceptance of petroleum if the underground storagetank meets one or more of the following conditions:

(1) Required spill prevention equipment is not installed;

(2) Required overfill protection equipment is not installed;

(3) Required leak detection equipment is not installed; or

(4) Required corrosion protection equipment is not installed. Thissubdivision shall not apply to a buried metal flexible connector.

2. Upon the discovery of a violation of this section, the departmentshall, within fourteen days, notify the owner or operator in writing ofsuch violation and affix a red violation tag stating the undergroundstorage tank is in violation and is ineligible to receive petroleum to thefill pipe of the noncompliant underground storage tank using atamper-resistant strap or straps, fill pipe bag, or any combination thereofso the tag is visible to any person attempting to deliver petroleum to theunderground storage tank.

3. Notwithstanding the provisions of subsection 1 of this section tothe contrary, the department may authorize delivery, deposit, or acceptanceof petroleum to an ineligible underground storage tank in the followingcircumstances:

(1) In an emergency situation; or

(2) If such activity is necessary to test or calibrate theunderground storage tank or dispenser system.

In either case, the department may authorize delivery, deposit, oracceptance of petroleum to an otherwise ineligible underground storage tankfor up to one hundred eighty days. If the department grants a waiverpursuant to this subdivision, no red violation tag, as required undersubsection 1 of this section, shall be affixed to the fill pipe for thelength of the waiver.

4. A violation of this section causes the individual tank inviolation to become ineligible to receive petroleum, but shall not causeother tanks at such facility to become ineligible to receive petroleum.

5. The owner or operator shall not allow petroleum to be depositedinto an underground storage tank that has a red violation tag affixed toits fill pipe.

6. No person shall deface, alter, or otherwise tamper with a redviolation tag so that the information contained on the tag is not legible.Removal of a red violation tag shall only be allowed pursuant to subsection7 of this section.

7. Upon notification by the owner or operator to the departmentdocumenting that the violation has been corrected, the department shallimmediately, unless an inspection is required, provide authorization to theowner or operator to remove the red violation tag. If the departmentrequires an inspection to determine the violation has been corrected, suchinspection shall be conducted within twenty-four hours after receivingnotification from the owner or operator. If the department does notconduct the inspection within twenty-four hours after receivingnotification from the owner or operator, the owner or operator may removethe red violation tag and immediately place the system and undergroundstorage tank back into operation pending the inspection. A red violationtag that has been removed by the owner or operator shall be returned to thedepartment within five business days in a postage-paid envelope provided bythe department.

8. Notwithstanding the provisions of section 621.250, RSMo, to thecontrary, when the department has affixed a red violation tag to make anoncompliant underground storage tank ineligible to receive petroleum, theowner or operator of that tank may, in addition to all administrativeappeals and remedies, appeal the department's action to the circuit courtin the county where the tank is located within ten business days of thedepartment's action.

(L. 2008 S.B. 907)