Delivery Prohibition (R.61-92, Part 280.26 (a)-(h)) is when the Division prohibits the delivery of fuel to an underground storage tank system by placing a red tag on the fill port. The process of delivery prohibition will most often begin by issuance of a Notice of Alleged Violation, either for compliance violations, financial responsibilityviolations, or operator training violations. After the 30 day follow-up period has passed,and compliance has still not been reached, a delivery prohibition letter will be issued. This letter will give another 15 days in order to send in proof of compliance. If, at the end of the additional 15 days, compliance is still not proven, the Division will contact the tank owner to inform them that information is still needed and the affected tanks will be tagged the following day (or the next business day).
Tanks are added to the delivery prohibition list when delivery prohibition is implemented. The owner is also referred to the Enforcement Section.
Once a tank is tagged, fuel already in the system can be sold, but no deliveries may be made to the tank. Deliveries made to any prohibited tank could lead to civil penalties for both the tank owner and the supplier and/or transporting company.
Once the Division receives adequate documentation of compliance, the site will be removed from the delivery prohibition list and the tank owner will be informed within 2 business days that they may remove the tag(s) from the tank(s) and receive a delivery.